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Full text of "Colonial Records. Calendar of State Papers, Colonial"

CALENDARS. 



Instructions to Editors. 



The Master of the Rolls desires to call the attention of the Editors of Calendars 
to the following considerations, with a view to secure uniformity of plan in the 
important works on which they are engaged : 

He is anxious to extend, as far as is consistent with proper economy and 
despatch, the utility of the Calendars of State Papers now publishing under his 
control : 1st. As- the most efficient means of making the national archives 
accessible to all who are interested in historical inquiries ; 2nd. As the best 
justification of the liberality and munificence of the Government in throwing 
open these papers to the public, and providing proper catalogues of their 
contents at the national expense. 

The greater number of the readers who will consult and value these works 
can have little or no opportunity of visiting the Public Record Office, in which 
these papers are deposited. The means for consulting the originals must 
necessarily be limited when readers live at a distance from the metropolis ; 
still more if they are residents of Scotland, Ireland, distant colonies, or foreign 
states. Even when such an opportunity does exist, the difficulty of mastering 
the original hands in which these papers are written will deter many readers 
from consulting them. Above all, their great variety and number must 
present formidable obstacles to literary inquirers, however able, sanguine, and 
energetic, when the information contained in them is not made accessible by 
satisfactory Calendars. 

The Master of the Rolls considers that, without superseding the necessity 
of consulting the originals, every Editor ought to frame his Calendar in such 
a manner that it shall present, in as condensed a form as possible, a correct 
index of the contents of the papers described in it. He considers that the 
entries should be so minute as to enable the reader to discover not only the 
general contents of the originals, but also what they do not contain. If 
the information be not sufficiently precise, if facts and names be omitted or 
concealed under a vague and general description, the reader will be often 
misled, he will assume that where the abstracts are silent as to information 
to be found in the documents, such information does not exist ; or he will 
have to examine every original in detail, and thus one great purpose will 
have been lost for which these Calendars have been compiled. 

A. 6066. Wt. 38181. ^ 



As the documents are various, the Master of the Eolls considers that they 
will demand a corresponding mode of treatment. The following rules are 
to be observed : 

1st. All formal and official documents, such as letters of credence, warrants, 
grants, and the like, should be described as briefly as possible. 

2nd. Letters and documents referring to one subject only should be cata- 
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miscellaneous news, such a description should be given as will enable a 
reader to form an adequate notion of the variety of their contents. 

3rd. Wherever a letter or paper is especially difficult to decipher, or the 
allusions more than ordinarily obscure, it will be advisable for the Editor to 
adhere, as closely as is consistent with brevity, to the text of the document. 
He is to do the same when it contains secret or very rare information. 

4th. Where the Editor has deciphered letters in cipher, the decipher may 
be printed at full length. But when a contemporary or authorised decipher 
exists it will be sufficient to treat the cipher as an ordinary document. 

5th. Striking peculiarities of expression, proverbs, manners, &c., are to be 
noticed. 

Gth. Original dates are to be given at the close of each entry, that the 
reader may know the exact evidence by which the marginal dates are 
determined. 

7th. Where letters are endorsed by the receivers and the date of their 
delivery specified, these endorsements are to be recorded. 

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a security for its integrity, and that readers may know what proportion the 
abstract bears to the original. 

9th. The language of every document is to be specified. If, however, the 
greater part of the collection be in English, it will be sufficient to denote 
those only which are in a different tongue. 

10th. Where documents have been printed, a reference should be given to 
the publication. 

llth. Each series is to be chronological. 

12th. The Prefaces of Editors, in explanation of documents in the volume, 
are not to exceed fifty pages, unless the written permission of the Master of 
the Eolls to the contrary be obtained. 



t> Q Editors employed in foreign archives are to transcribe at full length 
important and secret papers. 



,7 

CALENDAR 



OF 



STATE PAPERS, 

COLONIAL SERIES, 

AMEKICA jND wfesT INDIES, 

15 MAY, 1696-31 OCTOBEK, 1697. 



PRF.SEr.VED IN THE 



PUBLIC RECORD OFFICE. 



EDITED BY 

THE HON. J. W. FORTESCUE. 

PUBLISHED BY THE AUTHORITY OF THE LORDS COMMISSIONERS OF HIS MAJESTY'S TREASURY, 
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS. 




LONDON: 

PRINTED FOE HIS MAJESTY'S STATIONERY OFFICE 
BY MACKIE AND CO. LD. 



And to be purchased, either directly or through any Bookseller, from 
EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.G.; or 

OLIVER AND BOYD, EDINBURGH; or 
E. PONSONBY, 116, GRAFTON STREET, DUBLIN. 

1904, 



ERRATUM 



Abstract No. 490. 1st line, fur Queen read King. 



PREFACE 



Burke '8 
description of 
the genesis of 
the Board of 
Trade. 



Its evident 
inaccuracy. 



"Tnis board, Sir, has had both its original formation and 
"its regeneration in a job. In a job it was conceived and 

"in a job its mother brought it forth It was 

"projected in the year 1668, and it continued in a tottering 
"and rickety childhood for about three or four years, for it 

"died in 1673 It was buried with little ceremony; 

"and never more thought of until the reign of King AVilliam, 
"when in the strange vicissitude of neglect and vigour, of 
"good and ill success that attended his wars, in the year 
"1695, the trade was distressed beyond all example of 
"former sufferings by the piracies of the French cruisers. 
"This suffering incensed and, as it should seem, very justly 
"incensed the House of Commons. . . . They attempted 
" to form in Parliament a board for the protection of trade ; 
"which, as they planned it, was to draw to itself a part, if 
"not the whole, of the functions and powers both of the 

" Admiralty and of the Treasury As the Executive 

' ' Government was in a manner convicted of a dereliction of 
"its functions, it was with infinite difficulty that this blow 
"was warded off in the session. There was a threat to 
"renew the same in the next. To prevent the effect of this 
" manoeuvre the Court opposed another manoeuvre to it; and 
"in the year 1696 called into life this Board of Trade which 
"had slept since 1673." 

Such, in his speech on Economical Reform, is the 
account given by Edmund Burke of the genesis of the 
Board of Trade, the first commission of which stands at 
the opening of the present volume. It is difficult to under- 
stand how he contrived to reconcile the statement with the 
fact that, as this Calendar proves, the Committee, or as it 
was called the Board, of the Privy Council for Trade and 
Plantations fulfilled its functions continuously from 1673 



viii PREFACE. 

to May, 1696. The Board was indeed reconstituted, and 
being no longer of the Privy Council became as other 
Boards. In other words it could no longer address the 
Admiralty, the Treasury and the Customs as a superior, but 
could only approach them as an equal if not an inferior ; 
but though endowed with smaller powers, it was charged 
with precisely the same functions as its predecessor, and 
carried on its work continuously without the slightest inter- 
ruption. Whether, therefore, Burke be correct or incorrect 
in his assertion that the new Board was formed to prevent 
Parliament from encroaching on the province of the executive, 
it seems a hard criticism to speak of its creation as a job. 
So long as the Colonies existed and the Acts of Trade and 
Navigation remained in force, the business of administration 
concerning them was of quite sufficient volume to demand 
the attention of a complete department. 
The formation ''} le jjg^ O f fl lc new Commissioners (1) contains but one 

or the new 

Baartl - name, that of John Locke, which is remembered in English 

history ; but it is significant that William Blathwayt, the 
Secretary of the old Committee of Trade and Plantations, 
was one of the members. But for his knowledge and 
experience the new Board would have taken long to learn its 
work. It will be observed that it did not meet for despatch 
of business until six weeks after its appointment, when it 
selected William Popple for its Secretary. It does not 
appear by whose recommendation this gentleman was 
selected ; but it is certain that in the matter of order and 
method he introduced great improvements into the office. 
The documents, after his advent, arc well-arranged and well 
preserved ; the entry-books are well and intelligently kept ; 
and undated papers, often a source of great trouble and 
perplexity to an editor, are rarely, if ever, to be found. 
The Secretary having been appointed, the Board agreed to 
sit at least thrice a week ; and Sir Christopher Wren was 
called in, as though he had been a mere clerk of the works 
instead of the architect of St. Paul's, to superintend the 
fitting of the rooms at Whitehall, which had still some 



PEEFACE. jx 

eighteen months of life before they should be finally 
destroyed by fire (54, 60, 64). William Churchill and 
Jacob Tonson were then appointed stationers ; and there- 
with the staff of the office, with its door-keepers and 
messengers, was complete (71). The method of transacting 
business was simple. The members of the Board met, 
agreed upon their recommendations for each item of business, 
and embodied them in a representation to the King ; when 
an Order in Council empowered them to put their recommen- 
dations into execution. By a second Commission of 6 July, 
1697 (1160), which added the business of fisheries and of the 
poor to the duties of the Board, it was ordained 'that every 
representation should be signed by at least four members. 



state of trade 'ffo affairs of Trade and Plantations were in no pleasing 

in May, 1696. 

condition in May, 1696. As Burke truly said, British trade 
had suffered beyond example from the depredations of 
French cruisers, as also from piracy which, as shall presently 
be seen, was not wholly confined to the French. Diminished 
trade of course brought with it diminished revenue, which 
was doubly serious in view of the disorder of British finance. 
aggravated by the pressure of seven years of war. A 
succession of expeditions had been despatched to root out 
the French from their naval bases in the West Indies at 
Martinique and Guadeloupe to windward, and at Hispaniola 
to leeward, and to sweep the French fleet off the seas. 
One and all of them had failed, with disgrace and disaster ; 
and after huge expenditure of lives and of treasure, the peril 
of the French fleet remained as formidable as ever. Nor 
were its ravages confined to the Caribbean Archipelago. 
French cruisers and privateers never ceased to harry the 
coast of New England ; and the tobacco of Virginia and 
Maryland, like the sugar of Jamaica and Barbados, remained 
idle in the Colonies for want of shipping, and of convoys to 
escort the shipping to the only lawful market in England. 
For seven years this state of things had continued, growing 
worse rather than better with each year ; and the inevitable 
result had been that the Colonial merchants had sought to 



Xll 



PREFACE. 



The Crown 
resolves to 
erect 

Admiralty 
Courts in the 
Colonies. 



In another respect the new Act itself had already pro- 
vided that the Governors nominated by the Proprietors of 
Colonies should be approved by the Crown, and should take 
the same oaths as were required from the King's own 
Governors for the due execution of the Acts of Trade. The 
question now arose as to the enforcement of this clause. 
Edward Randolph had submitted a report upon the 
Proprietary Colonies (1491) which set forth clearly, and 
withal truthfully, that all of them were centres of illegal 
trade and many of them of piracy also, Rhode Island being 
as great a sinner in this respect as cither the Bahamas or 
Carolina. A second report from the same hand (396 1.) 
amplified these accusations ; but it was admitted at the same 
time that in the matter of illegal trade Virginia, Maryland 
and Massachusetts were as blameworthy as any Proprietary 
Colony. These two reports of course brought indignant 
disclaimers from sundry Proprietors (451) ; and the whole 
of the Chartered and Proprietary Colonies leagued themselves 
together to resist the erection of Admiralty Courts by the 
Crown, and to claim their right to establish such Courts for 
themselves (506, 511). Immediately afterwards the Board 
received from the East India Company a series of documents 
complaining of the havoc wrought in the East Indian seas by 
pirates fitted out in the American Colonies (517). With the 
exception of Maryland and Virginia hardly a province was 
exempted from the charge of piracy. The godly city of 
Boston was painted as black as the ungodly city of Charles- 
town ; but most significant was the allegation that New York 
was the worst offender of all the American ports and the 
King's Governor, Colonel Fletcher, the worst offender in New 
York. Fresh evidence to the same effect came from other 
sources ; but for the moment the question of piracy was not 
stirred, though it was soon to assume larger dimensions than 
had yet been dreamed of. The eyes of Parliament were still 
fixed exclusively upon the Proprietary Colonies; and in March, 
1697, the House of Lords in an address to the King prayed 
that security should be taken from Proprietors for the due 



PREFACE. 



Successes of 
the French 
Arms in 
America. 



execution by their Governors of the Acts of Trade (820). 
Upon this the Proprietary Colonies set their backs against 
the wall, and resolved to fight against this restriction to the 
utmost. The Bahamas, probably the most lawless and dis- 
reputable of all the Colonies, were the first to turn. In 
spite of all protests the Crown shewed every sign of 
establishing its own Admiralty Courts (774 1.) ; a very severe 
circular had been issued by the King for the proper enforce- 
ment of the Acts of Trade (958-961); and now although 
Parliament had given the Crown the right to veto the 
appointment of the Governors chosen by the Proprietors, yet 
security was to be required of those same Proprietors for the 
good behaviour of the very Governors that had been approved 
by the Crown. The whole history of the struggle is not 
included in the present volume ; for the weight of the new 
regulations fell at first wholly on the Bahamas, in which the 
Governorship happened at the time to be vacant. Long and 
searching were the enquiries as to the fitness of Nicholas 
Webb, the nominee of the Proprietors (433, 542, 588, 602, 
644, 668, 687) before his appointment was confirmed (709, 
710); and the sulky recalcitrance of the Proprietors (1065, 
1077) shows how bitterly this encroachment of the Crown was 
resisted. Before long William Penn was to enter the lists 
and fight by their side ; but for the present he contented 
himself with submitting a scheme of his own for preventing 
illegal trade (987), which may be compared with the 
instructions issued by the Board for the guidance of 
Governors in executing the new Act (1007). Of the 
objections to these same instructions we shall learn more 
in the next volume, but meanwhile they, are valuable as 
giving in a succinct form the intent of the Acts of Trade 
and Navigation those famous but forgotten enactments 
upon which turns the whole history of our Colonial Empire 
for one hundred years. 

But it was not only in respect of the Commercial 
Code that the Proprietary and Chartered Colonies threw 
a stumbling block in the way of Imperial organisation. 



XIV 



PREFACE. 



They are 
favoured by 
general 
disunion of 
the American 
Colonies. 



The war with France was still in full vigour, though 
approaching its end; the French were still active in 
aggression from the side of Canada; and the Colonies 
were still, as always, disunited. New York was of course 
ever the principal object of French ambition, but New 
England also was not spared. In August, 1696, the French 
attacked Pemaquid with a considerable force and received 
its surrender after a discreditably feeble resistance (257). 
The authorities at Boston were energetic and spirited 
enough to reply to this attack by an offensive counter- 
movement against the enemy in the Bay of Fundy (185, 
243) ; but even their patience was well-nigh exhausted ; 
and in December, 1696, by an address to the Crown 
which is famous in history, they for the first time invoked 
the assistance of the Mother Country for the reduction of 
Canada, " the unhappy fountain from which issue all our 
"miseries " (483 i.). The charge of the war, so they com- 
plained, had lain heavy on the province ; Connecticut had 
contributed little to it, and Rhode Island and New 
Hampshire nothing at all. These three were all of them 
Proprietary or Chartered Colonies, though the Lieutenant- 
Governor of New Hampshire held the King's Commission. 
Nothing could persuade them to join together for common 
defence ; and this disunion was due less to reluctance to fight 
than to bitter jealousy and to a preference for piracy as the 
most profitable outlet for their combative energy (554). 

If this were the case with the four provinces of New 
England, much . more was it true of the whole group of 
provinces from New Hampshire to Carolina. At the end 
of July, 1696, intelligence that Count Frontenac was moving 
out from Montreal to attack the friendly Five Nations called 
Governor Fletcher hastily from New York to the frontier at 
Albany. The invasion was not pressed; but three of the 
Five tribes came flying into Albany in panic, dreading the 
enemy which had wrought such havoc among them since 
1689. Fletcher wrote to Connecticut and New Jersey 
for their quotas of troops in this alarm, but without the 



PREFACE. xv 

slightest effect (135, 159). A month later he, as usual, 
paid his annual visit to the Five Nations and found them 
staunch to the British alliance in consequence of a recent 
victory, but weary of the war ; as well they might be, for 
they had suffered almost to annihilation from it (371). 
If they changed sides, it was practically certain that New 
York, and with it the whole of the British Colonies, must 
succumb to the French. A new invasion being threatened 
at the end of 1696, Fletcher decided to take up his 
quarters at Albany for the winter ; and meanwhile the 
Council of New York pressed earnestly for the King's 
orders to the neighbouring Colonies to share the duty and 
expense of the war (412). It is noteworthy that in 
Virginia and Maryland, where the Governors, Andros and 
Nicholson, were both of them men who had held the 
government of New York, some effort was made at any 
rate to give pecuniary assistance (6, 379), but Pennsylvania, 
Rhode Island and Connecticut would send not a man nor 
a penny (14). " The Indians, though monsters, want not 
"sense," wrote Fletcher, "but plainly see we are not united, 
"and it is apparent that the stronger these Colonies grow 
"in, parts, the weaker we arc on the whole, every little 
"Government setting up for despotic power and allowing 
"no appeal to the Crown, but valuing themselves on their 
" own strength and on a little juggling in defeating all 
"commands and injunctions of the King." Nor was this 
criticism altogether unjust, as a perusal of the correspondence 
(27 iv.-xi.) will shew. But meanwhile the decay of trade 
had so impoverished Maryland and Virginia that even they 
became reluctant to contribute further sums for defence, 
and Maryland actually begged the Crown for exemption 
(67, 75, 87). In New Jersey on the contrary the labouring 
class was so well off that the militia refused to march 
for less than two shillings a day ; and though this sum in 
Colonial currency can hardly have exceeded 60 per cent. 
of the same sum in sterling money, it must none the less 
be reckoned enormous. But the reason was not far to 



XV] 



PREFACE. 



Efforts to 
combine the 
Colonies for 
defence. 



seek. The young men had embarked in numbers on 
piratical voyages, thus giving to those that remained behind 
the opportunity of demanding higher wages, which the 
settlers, by withdrawing to some safe district where they 
could work in peace, were well content to pay (174). 

In despair Fletcher sent in May, 1696, two members 
of his Council to England to represent the hardship suffered 
by New York in being compelled, as the frontier-province, 
to bear the whole burden of protecting the rest against 
French aggression. The Agent for Connecticut was careful 
to forestal them by an elaborate explanation of the reasons 
which prevented Connecticut from giving her assistance 
(203), but his representations seem to have carried little 
weight with the Board . " Considering how ill the regulation 
"of the quotas has been complied with by several of the 
"provinces," the members wrote, "we think that a letter 
" should be written to the Governors ordering them to make 
" good their respective proportions " (401). A circular was 
accordingly despatched to all the Proprietary Colonies 
to that effect (096-701), with a significant hint against the 
harbouring of pirates added to it, as if to threaten penalties 
unless the order were obeyed. Thereupon William Penn 
at once suggested the insertion of a proviso that provinces 
immediately threatened by the enemy should be exempt from 
furnishing their quota (717); the reason for this being that 
a party of hostile Indians had lately moved in the direction 
of the Susquehannah, whereupon (though Penn did not 
mention it) the Quaker settlement, which so far had professed 
itself unable to afford any help, had suddenly taken the alarm 
and sent 200 as a present to the Five Nations, or in other 
words to hire them to defend the province (503). What- 
ever the shortcomings of the British Government, it must 
be admitted that the American Colonies were little short of 
maddening in their blindness, selfishness, jealousy and 
cupidity. They wished to take everything and give nothing, 
thwarting the Crown on every possible occasion and yet 
expecting the Crown to defend them from an enemy which, 



PREFACE. 



XVH 



Bad state of 
the King's 
troops at 
New York. 



Due in part to 
the Colonies. 



with a little exertion and public spirit, they could easily 
have crushed for themselves without the help of a single 
British soldier. 

Unfortunately the doubling of the Companies, paid by the 
King at New York for its defence, from two to four, had 
led the Colonies to lean far too much upon what was actually 
a broken reed. In the desperate straits of the British 
Treasury the authorities at Whitehall had sought to practise 
economy by taking advantage of the difference in exchange 
between Britain and New York. This exchange amounted 
on an average to a difference of 30 per cent, in favour of 
Britain; and accordingly it had been ordered that 30 per cent. 
should be deducted from the pay of all ranks and devoted 
to the salaries of officers not on the ordinary establish- 
ment of a company, such as a chaplain, an armourer and 
the like. It seems never to have occurred to the wiseacres 
in London that the cost of all the necessaries of life in New 
York exceeded that in England by an average of 100 to 
150 per cent., and that therefore the soldiers needed all the 
advantage of the exchange, if not more, to enable them to sub- 
sist. Yet the fact had been represented to them fifty times ; but 
indeed two centuries have failed to eradicate this particular 
form of imbecility from our War Department, so that it is 
unjust to be unduly severe upon our ancestors. However, 
the deduction was ordered, and the inevitable result was at 
once seen in wholesale desertion. Here again piracy and 
the cupidity of the settlers intervened to produce infinite 
mischief. '.I he high rate of wages caused by the 
dearth of labourers was in itself a sufficient inducement 
to desertion, and this was increased by the deliberate 
protection of deserters not only by individuals but by 
the provincial Governments. Fletcher was unable to obtain 
restitution of deserters from Connecticut except by promising 
to pardon them. On one occasion fifteen men of an 
advanced post deserted in a body and, being followed up, 
turned and fought until five of them had been killed and 
two more wounded (27 1.). Another diificulty in the way was 

28181 b 



xviii PREFACE. 

the quality of the officers in these Companies. Lieutenant 
Bickford, who quelled the mutinous deserters above referred 
to, seems to have been an excellent soldier ; and he was 
not an Englishman, but a native of New York. Fletcher, 
it may be observed, had sought to solve the difficulty of 
recruiting by enlisting Colonists for one year only the 
first instance,/ and a very successful one, of short service 
in our military history (12, 14) and on that account alone, 
therefore, he was wise in giving commissions to Colonial 
officers. But apart from this it should seem that the 
young men sent out from England by the favour of the 
great Whig magnates were of the very worst type. Three 
of them, named Shanke, Sydenham and Wright, deserted 
according to Fletcher's account, resigned their commissions 
according to their own, but at any rate went home without 
leave, and seem to have been an excellent riddance. Their 
names continually crop up in this volume (422, 429, 536, 625) 
at the head of voluminous accusations against their Captains, 
Wemyss and Hide, and their Colonel, Fletcher himself, 
of defrauding them and their men of their pay, making 
false musters and so forth. All of these offences were 
the rule rather than the exception in the Army in those 
days, and it is difficult to decide, upon the evidence, whether 
these officers were guilty of them or not. But on the 
other hand the account given of Lieutenants Sydenbam 
and Wright by their Captains, together with a letter from 
Wright himself, leave little doubt that these three lieutenants, 
though they enjoyed the patronage of such great men as 
William Blathwayt and the Duke of Bolton, were absolutely 
unfit to hold a commission. The whole of the docu- 
ments concerned with this controversy, and particularly 
Nos. 536 i.-xv. give an insight which is most valuable into 
the military methods of the time. Officers of the present 
day will find them to be most amusing reading. The main 
point, however, is that the root of all these troubles lay in 
the insufficiency of the pay granted to the garrison by the 
British Government and the irregularity in the discharge of 



PREFACE. 

it, whereby both officers and men were left naked and 
starving (1] 85, 1283, 1297). 

Evil influence g u t perhaps the most disquieting feature in the 

Fletcher. situation at New York was the character of the Commander- 
in-Chief. Governor Fletcher himself. So far as the 
military part of his duties was concerned he seemed to be 
active enough; but unpleasant charges of fraud, of 
influencing elections and of connivance with piracy began 
to multiply against him (217, 262, 543, 544), and the 
Board, growing suspicious, announced its willingness to 
receive further evidence upon the subject (495). The man 
was always clamouring for recruits, arms, ammunition and 
presents for the Indians, but the Board might well hesitate 
to supply these if they were only to be embezzled by a 
rogue. The Five Nations, in spite of all blandishments, 
seemed inclined to make peace with the French in June, 
1697, and were only with difficulty recalled to their old 
allegiance (1144). It was again difficult to say how far 
the unwillingness of the neighbouring provinces to furnish 
help to the Governor of New York might arise from 
distrust of his personal character. Taking all these 
difficulties into consideration the Board, though not yet 
fully apprised of Fletcher's proceedings, resolved if possible 
to make sweeping reforms. We shall see enough and too 
much of Fletcher in the next volume : for the present it 
must suffice to point out that in the old days, when salaries 
were irregularly paid or not paid at all, the temptation 
to swell by illicit gain the small emolument arising from 
legitimate fees must have been difficult to withstand ; and 
that no better method of making them irresistible could 
have been devised than the old Commercial Code. Fruitful 
in demoralisation at all times, in time of war it was at 
its very worst, involving whole communities, from the 
highest to the lowest, in a huge conspiracy of subterfuge, 
deceit and fraud. 



PREFACE. 



New attempt 
to unite the 
Governments 
of America 
for purposes 
of defence. 



The Govern- 
ments of New 
Kngland and 
New York 
united under 
Lord 
Bellomont 



The first step towards reform in the administration of 
the North American Colonies obviously lay in unification, 
supposing it to be humanly possible, at any rate for military 
purposes. To this end the subjection of all Chartered aud 
Proprietary Colonies immediately to the Crown was 
obviously the plainest means ; but this plan, though 
broached at the beginning of the war, was not now put 
forward, and the Chartered Colonies survived until the 
Revolution, when they taught the other provinces the art of 
self-government. None the less, the law-officers had opined 
that the Crown had the right to appoint a Commander-in- 
Chief for the forces of the Proprietary Colonies, and the 
Board early seized upon this opinion as a solution of the 
problem of defence (286). There was, moreover, a con- 
sensus of intelligent opinion in the Colonies themselves as 
to the expediency of this measure (358, 651, 653) ; and one 
gentleman went so far as to urge that New York should be 
united for purposes of civil as well as military government 
with New England and placed under the same Governor. 

The Governorship of Massachusetts being vacant and 
that of New York easily to be vacated by the recall of Fletcher, 
this idea commended itself to the Board, though it was of 
course strenuously opposed both by Connecticut and by 
New York, which city was furiously jealous of being 
outstripped in importance by Boston (690, 691). The 
Agents of Massachusetts on the other hand supported the 
proposal with the greatest zeal, for the precise reason 
which made it distasteful to New York (704). Finally the 
Board sided with New England and recommended the 
appointment of a single Governor for Massachusetts, New 
York and New Hampshire, who should also be Captain- 
General of all the forces in Connecticut, Rhode Island 
and the Jerseys ; the said functionary to reside chiefly at 
New York in time of war, and to have a Lieutenant- 
Governor both there and at Boston (762). The next 
business was to choose a man for this important post, and 
the choice fell upon an Irish peer, Richard Coote, Earl 



PREFACE. 

of Belloraont (551, 804). After some correspondence as 
to the powers to be granted to him by his commission 
(891, 909) and as to his salary (932, 939), he proposed 
Captain John Nanfan to be his Lieutenant-Governor at 
New York (1004), who was duly appointed. Advantage 
was also taken of the occasion to secure recruits and pay 
for the troops, together with the remission of the 30 per 
cent, deducted from their wages, ordnance stores and 
presents for the Indians, all of which had long been 
entreated by Fletcher (1004, 1008, 1033, 1073, 1075). 
It is worth noting that his commission included the province 
of Nova Scotia or Acadia, together with the land lying 
between it and Maine, besides the Narragansett Country 
or King's Province, the true ownership of which was once 
again called into controversy at this period, in spite of all 
previous attempts to determine it (636, 689, 962, 1027, 1202, 
1234). For the rest, there was imposed upon him by his 
instructions the duty of settling not only the new method of 
administration for the provinces committed to his care, but 
every question which had troubled the late Committee and 
the present Board during the past two years (1286-1288). 
Troubles in Of these, though comparatively little was said about 

New Hamp- 
shire it, the Government of New Hampshire of itself promised 

a sufficiency of work to supply him for several months. 
That troublesome province still continued to ignore 
John Usher, the King's Lieutenant-Governor, refusing to 
vote supplies even for defence, and actually attempting to seize 
the fort. The people were in fact republicans, and that of a 
vindictive type, for they did not stick at shooting Usher's 
horses while at grass in order to show their contempt 
for his authority. The situation was so serious that 
Usher at last sent home a special messenger to report it, 
giving also credentials to another citizen to add confirmatory 
evidence (282-285). The man was in fact at the end of 
his patience. For four years he had tried to do his duty, 
whether his conception of it were mistaken or not, and 
had been met by stubborn and defiant disobedience in the 



xxii PKEFACE. 

Colony and by absolute indifference at Whitehall. At 
last he sent home a loyal emissary to lay the state of the 
case before the Board, and added his own opinion to that of 
other leading men in the Colonies as to the expediency 
of uniting the Colonies under a Governor-General (294). 
This gentleman duly reported his arrival to the Board (570), 
whereupon the Agents for Massachusetts at once put forward 
their old claim for the annexation of New Hampshire to that 
province (652), to which Samuel Allen, the Proprietor 
of New Hampshire, promptly answered with representations 
directly to the contrary (672). Meanwhile the rebellious 
party in New Hampshire, no doubt under the influence of 
Massachusetts, took the reins of government by force 
into their own hands; and Usher, having sent a second 
emissary to report the matter, retired from the province and 
gave up the government (730, 742). The Agents for 
Massachusetts took upon themselves to urge the case of 
the rebels against that of Usher's envoys (1060, 1061, 1096) ; 
but the Board after hearing both parties decided that 
the King's authority had been defied in the person of 
Usher, and decided to uphold him until Lord Bellomont 
should settle the whole affair on the spot (1196, 1221-1223). 
This of course was an evasion rather than a solution of 
the real difficulty, which was less to reconcile the New 
England Colonists with any individual Governor than to 
uphold the royal authority in any shape or form. The 
republican spirit was strong in those provinces; and while 
willing to take from the Crown any help that it would 
furnish, they were resolute in refusing to it the slightest 
concession in return. "The Boston representatives," wrote 
Usher (341), "though they send to the King for ships 
"and men, yet address him for their old Charter." Great 
and manifold though were the mistakes and faults of the 
British Government, the chief difficulty with the New England 
provinces was that they would not deal straightforwardly 
with it. They would accept a Charter on one day and pass 
Act after Act in contradiction to it on the next. The 



PREFACE. 



XXlll 



French 
successes in 
Hudson's Bay 
and New- 
foundland. 



Board, fully alive to these wiles, kept a sharp eye on the 
enactments of the Boston Assembly and disallowed many of 
them, but always in a tone of the mildest correction, 
as if calling attention to an error unwittingly committed 
rather than discovering a subterfuge deliberately contrived 
(604). The reader will find in No. 1281 the exposure 
of a cunning method for evading the King's disallowance 
of laws, by enacting them for short periods and re-enacting 
them just before expiration, so that as fast as they were 
disallowed they required fresh disallowance, and being 
valid until such disallowance was notified, remained 
practically always in force. This was the essential character 
of these provinces ; their ideal of conduct was to over-reach 
their neighbours. Much has been written of the causes 
which led to the ultimate rupture between Mother Country 
and Colonies; but not the least of them was that the 
Colonies would respect no agreement. If the English had 
driven the French from Canada in 1697, as they ultimately 
did in 1760, it can hardly be doubted that New England 
would then, as it did- later, have declared forthwith its 
independence. 

At that time, however, the impotence of England both 
afloat and ashore was deplorable, and no experience of past 
errors seemed to teach her wisdom. She was willing to put 
forth her strength on behalf of the Colonies, but she was 
utterly ignorant how to turn it to the best account. In the 
last volume of this Calendar was told the melancholy story 
of the abortive expedition to Hispaniola, of which a new 
and interesting, though not quite honest, account by the 
engineer Lilly appears in the present volume (384). Since 
the wreck of that expedition had returned home, the French 
had taken the offensive with far more telling effect than 
their adversaries, and the British had responded only by the 
recapture of their settlements in Hudson's Bay, which had 
been taken by the French in 1694. This latter event is 
brought before us in the present volume by a series of 
documents dealing with a wrangle that arose out of the 



xxiv PEEFACE. 

terms of the capitulation (471, 524, 560, 568, 569, 592, 
593, 760). Next to the great West Indian merchants there 
were probably few stronger trading bodies in England than 
the Company of West Country Adventurers which controlled 
the destinies of Newfoundland ; and in November there 
came up a succession of petitions to the King setting forth 
the lamentable fact that on the llth of September, 1696, 
the French had invaded Newfoundland in force, carried off 
all that was worth taking, destroyed the rest, and in fact 
ruined the British settlements (392, 393). This was not 
the first French attack in this quarter, for they had made an 
attempt in Newfoundland in 1694, but had been driven off 
by the efforts of William Holman, a very gallant 
merchant skipper (417, 1038, 1105, 1106); but their success 
in their last enterprise had been complete. The lamentations 
of the ports of Devon were loud, and their demands and 
representations for convoy, and reconquest incessant (see index, 
West Country Merchants). Accordingly early in January, 
1097, the King resolved to send an expedition to retake 
Newfoundland. Preparations were made for the despatch of 
a squadron with 750 soldiers (906), and after many difficulties 
and incredible confusion the expedition sailed on the llth 
of April. The merchants did their best to second the 
efforts of the King, but the lawlessness of the King's 
officers, who insisted on pressing their men for the King's 
ships (622, 739, 755, 756), retarded their preparations; and 
the incompetence of the Admiralty in the arrangement 
of convoys caused enormous delay (888, 893, 948, 949). 
The first letter of the Commander, Colonel Gibsone, 
descriptive of what he found at Newfoundland (1115), shows 
that even immediately upon his arrival he was seized with 
apprehensions lest his force should be starved. We shall see 
more of Gibsone's difficulties in the next volume, and it is 
sufficient to note at present that the authorities at Whitehall 
had at any rate the wisdom to exhort Massachusetts to give 
him all possible help in the matter both of men and of 
stores (823). 



PREFACE. 



XXV 



The French 
fleet in the 
leeward West 
Indies. 



This was one Colonial expedition, but not the only one 
recorded in this volume. Since the failure of the attack on 
Hispaniola, Jamaica, weakened by the disasters of earthquake, 
epidemic, yellow fever and invasion, remained trembling for 
the fate that might be in store for her ; and her apprehensions 
were increased in June, 1696, by the news that a fleet had 
reached Hispaniola a month earlier and sailed to leeward, 
apparently for attack on the Spanish Colonies (72. 73). 
The Council set forth the helpless condition of the island 
in strong terms (97), and the Governor backed their 
representations by bitter complaints of the neglect of the 
island, and of the harm wrought by the British men-of-war, 
which by unscrupulous impressment of the inhabitants 
frightened all able-bodied men away, and were thus an 
injury rather than a protection to Jamaica (101-103). All 
through the summer and autumn the alarm continued, and 
the Governor became more importunate for help and more 
active in his reproaches to the King's Government (130, 
163, 222. 232-234), until at last in October he was relieved 
by hearing that the French fleet, after heavy losses from 
sickness, had sailed back to France (325). Meanwhile 
the Board had taken his representations in good part (287) 
and had made recommendations to remedy the mismanage- 
ment which rendered the King's ships so useless to the West 
Indies. The Jamaica Agents kept the members up to the 
mark ; and when in November there came intelligence of 
another fleet fitting out in France against the West Indies 
(374), the Board at once recommended the despatch of 
an engineer and of fire-ships for its protection (391), 
warned Jamaica, Barbados and the Leeward Islands to 
stand on their guard (413-415), and finally begged the King 
to send out a squadron to combat that of France (453). 
A squadron was accordingly despatched under Admiral 
Nevill which, as usual after much delay, arrived at Barbados 
towards the end of April, passed thence to the Leeward 
Islands (990) and finally sailed to Jamaica, where it arrived 
just ten days too late. The French fleet indeed had no design 

28181 C 



xxvi PKEFACE. 

upon the English Islands, but had sacked Carthagena ; and 
Nevill just missed intercepting it with the whole of its 
booty (1080). He then made an attempt upon Petit 
Guavos, which failed owing to the drunkenness of his 
men (1201), and after an unpleasant wrangle with the 
Governor of Jamaica (1184) he sailed to Virginia, where 
he died. The squadron having touched at Maryland then 
sailed home, having accomplished little beyond the capture 
of many French privateers which had long been the terror 
of Jamaica (1237-1289). 

Bad s tate of In truth, the glimpses afforded by these papers of 

Navy. the state of the Navy do not give flattering views of that 

service. The abuses by the Captains of their power of 
impressment were not confined to Jamaica. Everywhere 
there was the same story of brutality and oppression, often 
no doubt combined with blackmail, for the King's Captains 
were greedy for money, probably with some excuse, for 
their wages must certainly have been in arrear, looking to 
the depletion of the English Treasury. Some of their 
methods of making money may be studied in No. 377 ; 
some of their most shameful shortcomings in No. 461 ; 
and examples of their intolerable presumption and 
indiscipline appear in Nos. 768 and 1788. Their powers 
of impressment were abridged (1455); and it is only 
necessary to study their proceedings to understand how 
it came about that for long they were left much under the 
control of the Governors in the Colonies. The only step 
of progress taken in the Navy was the elaboration of a 
scheme of reliefs for the King's ships in the North 
American and West Indian Stations, which indeed was 
very urgently required (317). The shortcomings of both 
branches of the military service were, however, saved from 
further exposure by the Peace of Kyswick, which was 
signed on the ^ September, 1697, but not reported to the 
Colonies until some weeks later. Throughout the volume 
there are indications that there was a general expectation 
of peace, and indeed the military operations after February, 



PREFACE . XX vil 

1697, bear the semblance of being half-hearted. The 
efforts of private individuals to retain Nova Scotia at the 
peace may be seen in Nos. 250 and 921, with a restate- 
ment of the old proprietary claims of Englishmen to the 
same (920, 947). There is also a curious correspondence, 
shewing the unwillingness of the Colonies to accept ship- 
loads of convicted criminals, even when their populations 
had suffered much from the war (657, 1134, 1140, 1150, 
1157, 1166, 1172, 1190, 1194, 1205, 1216). There is also 
the opening of a still more remarkable discussion as to the 
feasibility of settling disbanded soldiers in the Colonies 
(1379, 1384), an idea which was afterwards realised in the 
foundation of Halifax, Nova Scotia. 



Events in y or fl le rest fly^ j s \[ft\ ( . more fl^ demands 

individual 

Colonies. attention in the various Colonies. New York did indeed 

engage in a furious controversy with New Jersey when 
the latter tried to set up a rival port in Perth Amboy, 
but the controversy was decided in her favour and she 
was content (1308, 1342, 1358, 1359, 1367, 473). 
Pennsylvania also embarked in a quarrel with Maryland, 
which had laid a duty of ten per cent, on all English 
goods which passed through her territory into Pennsylvania 
and on the beer imported from Pennsylvania into Maryland. 
Such restrictions were of course unneighbourly, and greatly 
roused the ire of Penn (478, 716). Maryland on the 
contrary complained that Pennsylvania harboured all her 
runaway mariners and servants, took a mean advantage 
by violating the Acts of Trade (which she herself observed J 
and equipped and encouraged pirates (1178), all of which 
statements were probably if not certainly true (1331, 
1338, 1383). The Maryland papers contain little of 
interest beyond a lengthy and valuable report on the 
existing and former administration of the province, an 
account of the working of the Acts of the Trade therein, 
and many curious statistics (862, 1054). Virginia 
continued her usual sleepy existence, the Assembly bully- 
ing the Clergy, and the Council enriching themselves 



xxviii PREFACE. 

by the engrossment of all places of trust and by their claim 
of immunity from all process of law (53, 93). These 
abuses, however, and the evil and corrupt system of adminis- 
tering the land (176), attracted the attention of the Board 
of Trade, which began to ask unpleasant questions (300) 
and to obtain damaging answers (354). Finally to an 
official report by the Governor on what are now called the 
Statistics of the Colony (956, 1131; there was added an 
unofficial report by a leading Virginian, Henry Hartwell, 
and a very long and exceedingly able account of the whole 
administrative and economic system, which was the joint 
production of himself, Dr. Blair and Edward Chilton (1396). 
This is, on the whole, the most interesting document that 
has passed through the hands of the present editor ; and 
it possesses the further peculiarity of being so admirably 
written that it has hardly been possible for him to abridge 
a single word of it. The documents concerning Carolina 
at this period are so meagre as to be unworthy of mention. 

In Bermuda there is nothing more important than 
the persecution of the late Governor, Isaac Ilichier, by 
his rascally successor, John Goddard, who, however, was 
before long to be called to account. There is, none the 
less, an interesting paper in which the Board of Trade 
calls attention to the strategic value of Bermuda 
(487). The Barbados papers consist for the most part of 
long dissertations upon the importance of the island and 
of its particular claims to special attention (104, 125); 
but there are fewer of them than usual owing to the death 
of the Governor, Francis Russell, and the devolution of his 
functions upon the President of the Council, ''an aged 
and crazy man " (193). The Leeward Islands continued 
apparently to prosper under the reign of Christopher 
Codrington, but anonymous complaints against him were 
made to Admiral Nevill on his arrival with the fleet, 
and in September, 1697, a malcontent preferred definite 
charges against him (1317), which will be followed in the 
next volume. There are several papers relating to the 



PREFACE. xx j x 

cession of Tortola to the Elector of Brandenburg (382, 
490, 1347j; and a strong plea for the retention of the 
whole of St. Kitts at the expected peace (200). In truth 
in all these possessions the signs of exhaustion by long 
war are unmistakable ; and the loss of a rich convoy 
outward bound from England was a crowning disaster which 
made them very eager for peace. 

Indeed, the contents of this volume at large may 
be not untruly described as a study of exhaustion. But 
in the midst of it the new Board of Trade stands out 
conspicuous, striving with energy to solve high problems 
of administration, and working, for the present at any 
rate, with industry amid untold difficulties to reduce chaos 
to order. 



J. W. FOETESCUK 



COLONIAL PAPEKS. 



1696. 



1696. 

May 15. 1. Commission appointing John, Earl of Bridgewater, Ford, 
Earl of Tankerville, Sir Philip Meadows, knight, William Blath- 
wayt, John Pollexfen, John Locke, Abraham Hill, and John 
Methven, together with the Lord Chancellor, the Lord President, 
the First Lords of the Treasury and Admiralty, the Principal 
Secretary of State and the Chancellor of the Exchequer for the 
time being, to be Commissioners for promoting the trade of the 
Kingdom and for inspecting and improving the Plantations. Any 
three or more of them are to consider methods of employing the 
poor ; any five of them are to be a quorum. The ex off trio members 
are to be called in only when their particular attendance is requisite. 
The question of obtaining naval stores from the Colonies is par- 
ticularly commended to their attention. \_Board of Trade. Journal, 
9. pp. 1-6.] 

May 15. 2. Minutes of Council of Maryland. On the news of a 
murder by Indians orders were issued for pursuit of the murderers 
and for enquiry to be made of the Emperor of Piscattaway. 
Colonel Ninian Beal received orders to raise the necessary men 
(pp. 105-106). On complaint of the Pocomoke Indians of encroach- 
ment on their land, order was given for the bounds thereof to be 
surveyed and for none to presume to encroach thereon. Commis- 
sions issued to the coroners and surveyor of Prince George's County 
(p. 108). 

May 16. A letter of excuse for his absence received from Colonel John 
Courts (p. 109). [Board of Trade. Maryland, 13. pp. as cited. ^ 

May 18. 3. Minutes of Council of Virginia. On a letter from the 
Privy Council of 20 March, a day of thanksgiving was appointed 
for the King's deliverance from a plot to assassinate him, and the 
Governor announced that he should order all the militia to appear 
in arms on that occasion ; ordered that an address of congratulation 
to the King be drawn up, also an Association, which were duly 
drawn and signed by the Governor and Council. The King's letter 
of 2 June read, accepting the ;500 voted for assistance of New 
York in lieu of the appointed quota. Order for Collectors to give 
all facilities to homeward-bound vessels to meet at Old Point 
Comfort by the appointed day. [Board oj Trade. Virginia, 53. 
pp. 22-24.] 

A 6066. Wt. 28181. 400. 11/2/1903. M. A 



2 COLONIAL PAPERS. 



1696. 

May 18. 4. Minutes of Council of Maryland. The captains of the 
homeward-bound convoy asking when the fleet would be ready to 
sail, orders were given to the masters of ships to furnish the 
information. A letter from Sir Thomas Laurence read, when the 
Speaker and such Burgesses as were in town, as well as the Chief 
Justice, were ordered to attend and hear it, to prevent the dispersion 
of false reports about the province, (pp. 109-110.) 

May 19. Letter from Whitehall of 10 March last read, and a proclama- 
tion ordered for a day of thanksgiving for his deliverance 
from the conspiracy against him. The King's letter of 2 January 
as to assistance to New York was then read, and the heads thereof 
ordered to be published, for the general satisfaction of the province. 
(pp. 110-113.) 

May 20. The Nanticoke Indians appeared, one from each of the 
seven towns, bringing presents of skins. The Governor accepted 
one skin from each of them, and told them to bring no presents for 
the future, as their business should receive equal attention without 
them. He then notified and confirmed Governor Copley's agree- 
ment with them, and gave them some bottles of rum. The Governor 
laid before the justices of the Provincial Court and the lawyers 
certain questions as to the trial of titles to land. Order for the next 
Provincial Court to sit on the last Tuesday of September. Ordered 
that the Council of Trade be asked to give directions as to the 
attaint of juries. Questions as to appeals and writs of error were 
submitted to the lawyers of the Provincial Court ; the case of a ship 
seized for illegal trading was instanced. Orders for the sheriffs to 
return their list of taxables by the 1st of July, taking special care 
to observe the law and former instructions thereupon, also that they 
deliver in their accounts of the sums collected from public officers. 
(pp. 113-116.) 

Colonel Ninian Beal brought in an Indian, surrendered by the 
Emperor of Piscattaway, and depositions against him. (p. 106.) 

May 21. The depositions aforesaid being judged by the law-officers to be 
insufficient evidence, orders were given by their advice for securing 
the accused until next Assembly, and for arrest of another suspected 
Indian, (pp. 106-107.) [Board oj Trade. Maryland, 13. pp. as cited.'] 

[May 21.] 5. Duplicate copy of the Minutes of Council of Maryland, from 
30 April to 21 May. 19 pp. Endorsed, R. 26 Aug. [America and 
West Indies. 557. A 7 o. 11.] 

May 19. 6. Copy of a correspondence between Governor Fletcher of 
New York and Governor Nicholson of Maryland. 

Governor Fletcher to Governor Nicholson. New York, 28 March, 
1696. I beg to remind you of my last letter of 19 February and of 
the great necessity there is of giving your assistance according to 
the late Queen's orders. Many of the forces lately come over 
have run [deserted] from the hardship they undergo, having only 
eightpence, New York money, while the country where they are 
garrisoned is laid waste, so that, without the assistance of the 
quota, I shall have to make as great a detachment of men from this 
poor province as formerly, which is a heavier burden than the pay. 
I therefore again beg for your quota, and that the pay of those that 
shall be wanting be transmitted for the ease of this province. 



AMERICA AND WEST INDIES. 8 

1696. 

Governor Nicholson to Governor Fletcher. Annapolis, April 17, 
1G96. I should have answered yours of 19 February earlier, but 
that I was in daily hope of the arrival of the London fleet and of 
good news from England. I send the last news I have, and all my 
letters inform me that the Parliament will comply with the King's 
demands and that they agree very well. I am sorry to hear of the 
hardships of the troops and especially that they have but eightpence, 
New York money, a day. I shall be glad to be anyways assisting to 
you, being a well-wisher to soldiers. If all the King's Governors 
on the Continent will give a tithe of their incomes towards better- 
ing these conditions I shall most readily do it. Meanwhile I shall 
not be wanting to represent the matter of the quota to the Assembly. 

Governor Fletcher to Governor Nicholson. New York, 30 April, 
1696. Much thanks for yours of 3 March and 17 April. As I never 
handled a penny of the public moneys of the Government and do not 
understand accounts, I have ordered an account of all the money 
received from Virginia and Maryland to be prepared, and enclose it 
herewith. I expect the quota of Virginia every day. I must still 
insist on my application for the quota of Maryland, and desire to 
know by what time they may be got in readiness, that I may take 
measures accordingly. None of the vessels expected from England 
are yet arrived. 

Copy of Enclosure. The following Bills have been remitted by 
Maryland to New York, for the defence of Albany and for presents 
to the Indians. In 1692 bills for 100 were sent, but with one 
exception returned protested, the proceeds reaching 47. In 1693 
bills were sent for 362, but all returned protested. In 1694 bills 
for 210 were sent, making with 30 per cent, advance 273, and 
another bill for 40 which at 25 per cent, advance makes 50. In 
1699 two sets of bills for 200 and 133 produced, at 28 and 30 
per cent, advance, 478. The total thus received is 799, from 
which 99 must be deducted for re-exchanges and charges of 
protested bills, reducing the total amount given to 700, New York 
money. Virginia from 1691 to 1694 has sent us 1,560, New York 
money. 

Governor Nicholson to Governor Fletcher. Annapolis, 19 May, 
1696. Your letter of 30 April and its enclosure, with your former 
letters, have all been laid before the Burgesses, but presently after 
its breaking up I received the King's orders of 2 January as to 
sending you money, which I shall lay before the Burgesses when 
they meet on the 1st of July. 3J pp. Endorsed : R., 26 Aug. 
[America and West Indies. 557. No. 10.] 

May 19. 7. Memorandum of Charles Pilsworth as to the state of the 
West Indian Colonies. This will be found abstracted below, enclosure 
No. II. to Order of the Lords Justices in Council of 20 August, 
1696. 14 pp. Endorsed, Read 3 July, 1696. [Board of Trade. 
Plantations General, 4. No. 1; and 34. pp. 1-11.] 

May 19. 8. Minutes of Council of Jamaica. On the representations^! the 
Governor it was resolved that Thomas Ayscough and Richard 
Dawkins be called to the Council, and they were accordingly sworn. 
Order for a payment. [Board of Trade. Jamaica, 79. pp. 5-6.] 



COLONIAL PAPERS. 



1696. 

May 21. 9. Minutes of Council and Assembly of Antigua. Message 
from the Governor desiring the passing of an Act for Courts, and 
that the clause forbidding the Council to plead be omitted. The 
Assembly answered that they thought it too late now to perfect the 
Act, and insisted that the Secretary and Marshal should give 
security and the Council be debarred from pleading. The Governor 
refused to give way about the debarring of the Council, except in 
equity, and proposed a joint Committee to draw up an Act, and also 
an Act for quartering of soldiers. On the request of the Assembly 
the Governor issued writs for the election of Assembly-men, 
ordered an ill-built guard-house to be rebuilt and agreed to a 
proposal for building a gaol. Orders for payments. [Board of 
Trade. Leeward Isknds, 64. pp. 170-172.] 

May 27. 10. Minutes of Council of Jamaica. The accounts of Edward 
Stanton, late Provost Marshal, audited and payment on account 
thereof passed. [Board of Trade. Jamaica, 79. p. 6.] 

May 27. 11. Minutes of General Assembly of Massachusetts. The new 
Representatives were sworn, and, having chosen Penn Townsend, 
their Speaker, sent up the list of Councillors elected for the coming 
year. 

May 28. The list of eight and twenty Councillors was approved by the 
Lieutenant-Governor and the Councillors were then sworn and took 
their seats. The Representatives attending, the Lieutenant-Governor 
recommended to them the state of the province in reference to the 
war, the need of supplies, and the need for renewing expiring Acts. 
The election of a new Justice of the Inferior Court of Essex was 
fixed for a full Council on the 4th of June. James Taylor 
unanimously re-elected Treasurer. 

May 29. John Hathorne, Elisha Hutchinson and John Phillips appointed 
for a joint Committee to consider measures for defending the 
frontiers and for prosecuting the war, and in particular for removing 
the French from their settlements in St. John's River. Councillors 
appointed to form a joint Committee to consider and report of several 
expiring Acts. The 18th of June appointed as a day of public 
thanksgiving for the defeat of the plot against the King. 

May 30. A Committee appointed to confer with a Committee of the 
Representatives as to certain proposals to prevent the exportation 
of coin. [Board of Trade. New England, 48. pp. 87-42.] 

May 29. 12. Stephanus Van Cortlandt to William Blathwayt. By my 
New York. l as t accounts there was a balance in the hands of the Receiver- 
General of ^303. Since that time the income has been very little, the 
place having had great losses by the capture of vessels in the West 
Indies. The accounts are now under audit and will be sent home 
in a fortnight. The Assembly has raised money to fill up the four 
King's Companies, to give every private fourpence a day besides the 
King's pay, and to offer 2 in hand to every man that will enlist. 
Eighty-seven are already detained; only thirty-three are wanting 
to complete the companies. If the Assembly had taken that care 
at the Companies' first landing there would have been fewer deser- 
tions, the soldiers would have been encouraged and the country 



AMERICA AND WEST INDIES. 5 

1696. 

eased. Signed, S. V. Cortlandt. 1 p. Endorsed, sent from Mr. 
Povey 14 Sept. 1696. [Board oj Trade. New York, 6. No. 89 ; 
and 52. pp. 50-51.] 

May 30. 13. Governor Fletcher to the Duke of Shrewsbury. I have 
ye- York, received the joyful news of the King's deliverance from the base con- 
spiracies of his enemies, and a day of thanksgiving has been appointed. 
The Association is signed by me, and copies have been sent to each 
county to be signed by all officers and inhabitants. One gentleman 
only in this city has refused, a Roman Catholic. I have sent a copy 
of his petition to me. The presents for the Indians are not arrived. 
Our Indians will not bear heavy arms, so I applied for 400 light 
Dutch fusees for them. I have sent copy of the latest intelligence 
from the frontiers ; the four companies are much weakened by death 
and desertion. I prevailed with the Assembly to provide MS a man 
levy-money to raise 120 volunteers to recruit the company, who are 
listed for one year. I was obliged to take this method, not being 
able to get one man from the neighbouring Colonies, notwithstand- 
ing frequent application. It is very needful for the subsistence of 
the four companies to be punctually paid ; they are all I can depend 
on. Mr. Nicolls and Mr. Brooke of the Council are on their way 
to lay the state of the province before you. Signed, Ben. Fletcher. 
2 pp. Endorsed, R. 25 Aug. 96. 

Another copy of the foregoing. [Board oj Trade. New York, 6. 
Nos. 40, 41 ; and 52. pp. 4, 5.] 

May 30. 14. Governor Fletcher to William Blathwayt. Yours of 14 
New York. March with that of the Lords of Trade reached me on 25 May. 
I immediately ordered the military expressions of joy for the King's 
safety, and ordered a day of public thanksgiving- by proclamation. 
An Association was signed and copies sent to the counties, towns 
and garrisons. We have not ten papists in the province, and those 
of no rank or fortune. So many packets have miscarried from here 
that I scarcely know where to begin what I have to say. Sir 
Edmund Andros from Virginia has sent us bills for 1,000 to assist 
us. Men, which we want more, he could not send. The disposal 
of the money will be returned in our accounts to the Lords of 
Trade and the Treasury. As to my own part I have never touched 
one farthing of the money either raised in the province or given by 
our neighbours for defence but by signed warrants by advice of the 
Council. The 1,000 only amounts to '769 4s. 6d. sterling. 
Here we love a great sound and noise, but the substance does not 
answer. Governor Nicholson has sent us 133 8s. Id. sterling, 
Pennsylvania not a man nor a penny, Connecticut and Rhode 
Island the same. Such letters I never received as from those two 
last. What they write looks like English, but I cannot find out 
their meaning. This regard has been paid to the late Queen's 
letters, and they pretend to justify themselves by putting their 
own construction on the Royal commands. The Indians, though 
monsters, want not sense, but plainly see we are not united ; and it 
is apparent that the stronger these Colonies grow in parts the 
weaker we are in the whole, every little Government setting up for 
despotic power and allowing no appeal to the Crown, but valuing 



COLONIAL PAPERS. 
1696. 



themselves on their own strength and on a little juggling in defeat- 
ing all commands and injunctions of the King. I send all their 
answers to my applications for assistance. The French Indians this 
spring have destroyed some careless people near our garrisons, of 
which I send an account. They are wolves who lie so close that 
no man can discover them. A hare sitting is much easier found 
in England. The parties that I send out daily they let pass, but if 
a naked man, woman or child pass they kill them or take them. 
Our Indians act the same part and with greater success in the 
French Plantations. No assistance coming from our neighbour 
Colonies, I could find no way to secure the province except by 
endeavouring to keep the four Companies up to their numbers, 
being much weakened by death and desertion. I was forced to 
enlist men for a year or more (for no man here will be a soldier for 
life), and thus I have completed the companies and have three 
hundred effective men on the frontiers and one hundred in this fort. 
This way is not practised in England, but in Holland and France it 
has been usual. If the King will allow this method the Companies 
here will always be complete and save the expense and trouble of 
recruits from England. The Assembly have given some encourage- 
ment to it, allowing levy-money and some advance of pay for one 
year. The bill will be sent by next opportunity, as it cannot be 
engrossed in time for this ship. The Richmond frigate is a great 
expense and of no use, her upper-works very crazy. She was 
ordered to sea at the beginning of March, but is not yet afloat. 
Slqned, Ben. Fletcher. Holograph. 3 pp. Endorsed, Sent from 
Mr. Povey, 14 Sept., 1696. Bead 25th. Answered 25th. [Board 
oj Trade. New York, 6. No. 42 ; and 52. pp. 22-24.] 

May 30. 15. Governor Fletcher to Lords of Trade and Plantations. 

New York. A ship belonging to this place from Madeira happily met the vessel 
that carried your packet from Virginia and brought us a Gazette 
with the news of the conspiracy against the King. A proclamation 
for thanksgiving had been published before your duplicate of 
10 March came to hand. I am so pressed for time that I cannot 
send a copy of all our public papers, but I send a list of those 
despatched by the ship Heathcote. Mr. Brooke and Mr. Nicolls of the 
Council have been sent home to lay the state of our affairs before you. 
I have sent home copies of my last application to Connecticut, 
Rhode Island and Pennsylvania, with their answers. Having only 
the King's four Companies to depend on and they being much 
weakened by death or desertion, I have completed their numbers 
by enlisting men for a certain time, not for less than a year. 
People here will not enlist except for one, two or three years. If 
approved, this method will save the trouble and expense of recruits 
from England, but this can last only so long as the Assembly will 
keep on the fund for levy money of 3 a man with an advance of 
fourpence a day ior a year. I beg for instructions. Sir Edmund 
Andros promised his quota but could not effect it, so sent us 769, 
and Governor Nicholson 133 sterling. Several skulking parties 
of Indians disturb the husbandry on our frontier, but our Indians 
do more harm to the French than these to us. Four Dutch- 
men have been lost through their carelessness in venturing 
after their cattle unarmed. I always thought five hundred men 



AMERICA AND WEST INDIES. 7 

1696. 

necessary for defence of our frontier posts, but I hope to hold 
them with three companies so long as I can keep the Indians 
firm, for which I am obliged to make them large presents lest the 
French should debauch them. The presents I asked for are not 
come yet, and we want also 400 light Dutch pieces, for the Indians 
though strong as horses will not march under heavy arms. I would 
ask also for military supplies and for punctual payment of the 
Companies. An Association is signing all over the country, and I 
have ordered account to be taken of all who refuse it. The Rich- 
mond is expensive and useless. The Captain tells me there is no 
convenience here for careening a vessel of her burden. A light and 
nimble sailer might do service. A pirate lately came into Providence, 
as I am informed, where they shared their money, left their ship 
and separated. Many are gone to the neighbouring Colonies, but 
only one is here, from whom I have taken security not to depart 
without leave and to live amenable to the laws. Their treasure was 
Spanish money ; they enrich the Charter Governments. [Board, of 
Trade. New York, 52. pp. 10-14.] 

[May 30.1 16. A collection of documents transmitted with the three pro- 
ceding despatches. 

16. i. List of documents sent by Governor Fletcher to England 
by the ship Heathcote on 9 October, 1695. 1 p. Endorsed, 
Reed. 26 Aug. Read 1 Sept. 169(5. 

16. ii. Proclamation of Governor Fletcher and Council for a 
day of thanksgiving for the success of the King's arms 
in Flanders. 9 January, 1696. Printed slicct. 1 p. 
Endorsed, Reed. 26 Aug. 1696. 

16. in. Proclamation of Governor Fletcher for a day of 
humiliation. 27 February, 1696. Printed sheet. 1 p. 
Endorsed as the preceding. 

16. iv. Speech of Governor Fletcher to the House of Repre- 
sentatives on 7 April, 1696. Calling upon them to supply 
men and money, and asking for a committee of them to 
join a Committee of Council in advising as to the disposal 
of the money granted last Session. Printed. 2J pp. 
Endorsed as No. i. 

16. v. Proclamation of Governor Fletcher calling for volun- 
teers to fill the King's Companies, and offering all who 
engage for one year 3 in hand, and fourpence a day 
over and above their provisions. 21 April, 1696. 
Printed sheet. Endorsed as No. i. 

16. vi. Peter Schuyler to Governor Fletcher. Albany. 14 May, 
1696. Another man has been scalped over against the 
Patroon's Island, where there were three in all, two of 
them unarmed and one armed. He that had the arms 
was killed. Eight Mohawks of the party of one hundred 
men have been here. Within these five days they have 
killed two Indians those that came over last fall 
because they distrusted them, so I do not doubt that our 
Indians will stand firm to us. I wish you could raise 
forty or fifty men to do no other duty but to scour the 
woods daily. If such a thing could be, Abraham 



8 COLONIAL PAPERS. 

1696. 

Schuyler and Simon Young would make the fittest per- 
sons for Lieutenants in those parts, but knowing how 
you are straitened I cannot expect it, but must be content 
with the hardship we endure, our neighbouring Colonies 
being so unkind to us. I have just received your letter, 
and am very sensible of your difficulties in raising 
money. Nevertheless I have strained myself and have 
paid my private centinels and sei'jeants their twelve 
months' pay, not doubting but that care will be taken 
for my reimbursement. Copy. 1 p. Endorsed as No. i. 

16. vn. Proclamation of Governor Fletcher. Offering 6 
reward for every enemy destroyed within three miles of 
any garrison on the frontier, or settled towns in Albany, 
Ulster and Duchess Counties. No ships are to navigate 
the Hudson except armed and at least two in company. 
11 May, 1696. Printed sheet. Endorsed as No. n. 

16. vm. Proclamation of Governor Fletcher for a day of 
thanksgiving for the King's deliverance from a late 
conspiracy. '21 May, 1696. Printed sheet. Endorsed 
as No. ii. 

6. ix. Petition of Anthony Brockholes to Governor Fletcher. 
Being asked to sign an Association to be true to the 
present Government, I promised to give bond to be 
true and faithful to the King and to defend this place 
against any foreign enemy, or asked three or four 
months' liberty to remove to another Colony. I beg to 
be allowed to continue my residence in this Colony. 
Copy. 1 p. 

16. x. Petition of John Cooley to Governor Fletcher. Has 
long lived peaceably in the city, but being a Roman 
Catholic asks to enter into bond to be faithful to 
King William and to defend the city, rather than sign 
the Association. Copy. p. Endorsed as No. i. 
[Board of Trad^ New York, 6. Nos. 42 i.-x.] 

May 30. 17. Minutes of Council of Massachusetts. Leave granted to 
William Alden to go to Port Royal or Menis for a cargo of wheat. 
[Board of Trade. New England, 49. p. 27.] 

June 1. 18. John Usher to Lords of Trade and Plantations. I last 
Boston. n ight received yours of 13 March, and congratulate you on the happy 
discovery of the wicked and traitorous design against the King's 
life. I am hastening to New Hampshire to communicate to the 
inhabitants what I have received from you, and shall take care that 
thanksgiving be given to Almighty God for so great a blessing as 
the King's deliverance. The province itself remains in the same 
state as I reported in November last, the great complaint and cry 
being only for provision, for the supply of which I take all the care 
that I can. I shall always serve the King with life and fortune, 
and pray for his protection. Signed, John Usher. 1 p. Endorsed, 
Reed. 20 Aug. Read 28 Aug., 1696. [Board of Trade. New 
England, 8. No. 11.] 



AMERICA AND WEST INDIES. i) 

1696. 

June 2. 19. Minutes, of General Assembly of Massachusetts. Letter 
from the Privy Council as to the discovery of the plot against the 
King read and laid before the Representatives. The Committee 
on expiring Acts recommended that they be renewed to the 29th of 
June, 1697, and that the Act to prohibit exportation of grain be 
continued to the end of next session. A Bill to that effect was 
ordered to be drawn. A Bill passed by the Representatives to 
approve the Treasurer's accounts was received and agreed to. On 
the petition of the select men of Boston an Act was passed to 
establish fairs and markets in the town, and sent down for 
concurrence. 

June 3. Act to continue expiring Acts read a first time. Report of the 
Committee as to preventing exportation of coin received, and a Bill 
ordered to be prepared. Report of the Committee as to prose- 
cution of the war received and sent to the Representatives. 

June 4. An additional Act to the Act as to coin was read. Order for stay 
of execution levied upon John Dexter by the Treasurer for money 
which he had not been authorised to collect. 

June 5. Committees appointed to consider petitions, and to confer with a 
Committee of the Representatives as to a Bill to erect markets in 
Boston. Bill to continue expiring Acts read a second time, amended, 
and sent to the Representatives. The report of the Committee on 
the prosecution of the war was received, with the Representatives' 
vote thereon. 

June 6. Bill to continue expiring Acts again read and ordered to be 
engrossed. Order for payment of 4*16 to the select men of Hadley 
for wolves destroyed. [Board of Trade. New England, 48. pp. 43- 
48.] 

* 

June 2. 20. Minutes of Council and Assembly of Antigua. Message 
from the Assembly as to the Courts Act, insisting that the Secretary 
and Marshal should give security, and that Councillors should be 
debarred from pleading. The Governor answered that he quite 
agreed as to the security, and was willing to pass a separate Act for 
the purpose. Message from the Assembly that they would be ready 
to consider a hill for quartering the soldiers, on the calling of a 
General Assembly. 

June 3- The Assembly proposed the renewal of the old Act for billeting 
soldiers, and asked for the Governor and another Councillor to join 
a Committee of the whole Assembly to regulate the Act for Courts. 
The Governor concurred. Acts for the Secretary and Marshal to 
give security, and for billeting soldiers passed. The Governor 
approved the Assembly's choice of a site for the gaol. [Board of 
Trade. Leeward Islands, 64. pp. 172-173.] 

June 4. 21. Minutes of Council of Massachusetts. On news of the 
late conspiracy against the King, ordered that the appointed oaths 
be administered to all males over eighteen years of age. William 
Browne nominated a Justice of the Inferior Court of Common 
Pleas in Essex County, and Stephen Sewall nominated a Notary 
Public. Order for payment of 6 15s. Oil to George Monk, taverner 
of Boston, for the entertainment of the Lieutenant-Governor, 
Council and other gentlemen on the day of convening the Assembly. 



10 COLONIAL PAPERS. 

1696. 

Order for a Commission of the Peace to be made out to three or 
more of the most sufficient inhabitants of Port Royal. [Board of 
Trade. New England, 49. pp. 28-29.] 

June 5. 22. Commissioners of the Navy to Lords of the Treasury. 
Nvy Office. -yy e h ave <Ji rec ted the officers of the dockyard at Deptford to receive 
the naval stores imported by Sir Stephen Evans and Sir Henry 
Ashurst from New England, and have directed the survey of the 
same not only by our own officers but by three of the most con- 
siderable shipwrights in the river, who, in a report of the 3rd inst., 
think the timber and tree-nails too infirm to be used for the King's 
ships, but give a better character of the other stores, as their report 
annexed will show. Signed, D. Lyddall, Sam. Pett, Tho. Willshaw, 
J. Sotherne, R. Haddock. Copy. 1 p. Annexed, 

22. i. Receipt for timber and tree-nails delivered at Deptford 
dockyard, from New England, 25 May, 1695. Signed, 
H. Hosier, J. Fownes. Copy. 1 p. 

22. n. A second receipt for rosin, pitch, tar and ash-rafters 
received at the same time from the same ship. 
Signed, H. Hosier, J. Fownes. Deptford, 25 May, 1695. 
22. in. Report of the Surveyors of the stores sent from New 
England to the Navy Board. We have examined these 
stores, and find, on trial of many of the planks and 
knees, that the wood in general is of very tender and 
" frow " substance mingled with red veins and subject 
to many worm-holes, which are signs of decay. The 
arms of the knees, at the crotch or bending where the 
greatest strength is required, are for the most part so 
much across the grain that they look as if a small strain 
would break them asunder. The tree-nails are less use- 
ful by what we expected in proportion for that service 
than the others ; so that we can by no means approve of 
them as fitting to be used in the King's ships. The ash- 
rafters for oars, the pitch, rosin and tar we think will be 
serviceable for the Navy, though the tar has been found 
of too hot a temper for the ropemakers. Signed, 

D. Furzer, F. Harding, S. Miller, A. Castle, J. Castle, 

E. Snelgrove. Copy. 1 p. [Board of Trade. New 
England, 8. Nos. 12, 12 i.-in.j 

June 8. 23. Minutes of General Assembly of Massachusetts. Order 
for refund to John Dexter of a small sum overcharged against him- 
self by error. Bill as to executions on executors for the debts of 
testators and intestates read a first time and debated. 

June 9. Votes in concurrence with the Representatives for payment for the 
paving about Boston Town-house, for grant of 500 acres of land to 
Samuel and Hannah Sewall, and for an action of Samuel Gibson to 
be reheard. Bill to continue expiring Acts again read and enacted. 
Bill for levying executions on executors read a second time. Order 
for certain justices and select men of Bristol and Duke's County to 
attend and answer the charges of denying a jury, raising money on 
people without their consent, and refusing an appeal. The appeal 
of Joseph Richardson also granted in concurrence with a vote of the 
Representatives. 



AMERICA AND WEST INDIES. 11 

1696. 

June 10. A Committee appointed to consider the petition of the inhabitants 
of the West side of the River Springfield for settlement of a ministry 
among them. Bill for a market in Boston received from the Repre- 
sentatives and read a first time. 

June 11. Voted in concurrence with the Representatives that 25 be allowed 
for encouragement of a Post Office for the ensuing year. Committee 
appointed to confer with a Committee of the Representatives as to 
redress for the complaints of the towns of Enfieldand Suffield owing 
to the molestations and claims of Connecticut, and also as to redress 
for masters of families who are impressed for the King's ships. 
Bill for a market in Boston read again and ordered to be engrossed. 
Order for payment of a soldier, whose debentures and orders there- 
upon have been lost. 

June 12. Voted in concurrence with the Representatives that 30 be paid 
to Major Charles Frost, and ,40 to the maintenance of the ministry 
at the garrisons of Deerfield and Dunstall. The appeal of Samuel 
Gibson was heard. 

June 13. The Report of the Committee appointed to enquire as to the 
grievances of Enfield and Suffield and the hardships of impressed 
men was read, recommending that a duplicate of a former letter 
asserting the claims of Massachusetts be written to Connecticut, 
that assurance be given to Enfield and Suffield of support in main- 
taining their rights, and that the Governor interpose his authority to 
regulate impressment. Voted accordingly. Bill for a market in 
Boston again read. Proposals as to prosecution of the war received 
from the Representatives, and deferred for further consideration. 
[Board of Trade. New England, 48. pp. 48-56.] 

June 9. 24. Minutes of Council of Barbados. Sundry accounts 
passed. An address praying that the fees in the public offices may 
be regulated was read, with a copy of complaints of extortion of 
exorbitant fees. Mr. Cranfield, against whom as chief Custom-house 
officer some of these complaints were directed, made answer to 
them, which answer was considered sufficient. The Governor, 
however, directed the table of authorised fees to be hung up in all 
the offices. On a petition of ships' masters to be allowed to sail, it 
was ordered that all the ships for Europe shall sail together, when 
the Play, prize, returns from Antigua. 

June 10. The Judges of the Court of Common Pleas attended and made 
their defence against the complaints against them, which the Council 
unanimously decided was insufficient, and directed that they should 
be removed and new Judges appointed. [Board of Trade. 
Barbados, 65. pp. 100-103.] 

June 10. 25. Governor Fletcher to Lords of Trade and Plantations. 

New York. Since my last I have received an answer from the Governor . of 
Pennsylvania to my application for assistance, and the draft of a 
Bill, of which copies are sent herewith. You will see that the people 
have as little regard for their proprietor, Mr. Penn, as for the King's 
service, and are endeavouring to erect a new model of Government 
of their own invention and by their own authority. The town of 
Philadelphia in fourteen years' time is become nearly equal to the 
city of New York in trade and riches. The hardships of this 
province in defence of the frontiers and the debauching of our 



12 COLONIAL PAPEES. 

1696. 

people had driven many of them thither to enjoy their ease, and 
there being no duty upon trade in that Colony it is a discourage- 
ment to the trade of this province, whose inhabitants are left solely to 
bear the burden of the war, while they of Pennsylvania grow by our 
hardships and derive all their protection from our forces. The 
Council and present Assembly of this province are willing to act to 
their power for the preservation of it, their greatest discouragement 
lying in the inequality of their circumstances with their neighbours 
of Pennsylvania, the Jerseys and Connecticut, who are all free from 
duty and were formerly part of the province. I found two French- 
men in the companies that came last from England, Roman 
Catholics. I now send them back to be exchanged or otherwise 
disposed of. Our agents, Mr. Brooke and Mr. Nicolls, are taken into 
France and have lost all their papers and instructions. I have now 
transmitted copies, if they are come to England. I just now 
received an answer from Connecticut to my applications for 
assistance, of which copies are transmitted. You will see that 
nothing is to be got from them but words. I asked them last winter 
for a company at their own charge, leaving them to nominate their 
officers, which they evaded. I have since desired only sixty men 
for one year to fill up the companies. I offered 3 levy money, 
arms, ammunition, victuals and pay. Their Assembly now offer 
fifty-eight men and two officers for four months unless they see tit 
to recall them earlier, provided I send into their country the arms 
and provisions and perform all that I offered, with pay for their 
officers. This would be very expensive, and cannot be performed, as 
I have no fund to pay the officers and other charges. I have no 
encouragement to believe them, having met with so many evasions 
and disappointments. I have recruited the companies and shall do 
my best with the forces at my disposal, but I still think 500 men 
the least number sufficient for security of the frontier. Several 
Quakers in New York, from pretence of tenderness of conscience and 
aversion to the carnal weapon, will not sign the Association nor take 
an oath. I have ordered them to be released. I have sent a list of 
reputed papists in New York. They are all disarmed and bound to 
give bond for good behaviour or be confined in prison. Signed, 
Ben. Fletcher. 3 pp. Endorsed, Eecd. 26 Aug., 1696. Eead 28th. 
Answd. 25 Sept. [Board of Trade. New York, 6. No. 43 ; and 
52. pp. 6-8.] 

26. Governor Fletcher to Lords of Trade and Plantations. 
The desertion from the companies and recruits sent last from 
England was encouraged by the great wages given to labourers in 
the neighbouring Colonies, where the people protected and concealed 
them, pretending charity lest they should be put to death. There- 
upon I issued a proclamation promising pardon to such deserters as 
should return to their garrisons within a certain time, and assured 
the Governor of Connecticut that such as he sent back or returned 
voluntarily should be pardoned. Several were returned and some 
came back of themselves. On the 10th of January last at Senectady, 
the advanced garrison of this province towards the French and their 
Indians, the whole guard deserted in the night and marched off 
with their arms. Lieutenant Bickford, the officer who commanded 



AMERICA AND WEST INDIES. 18 

1696. 

there, pursued them about twenty miles, killed some and made all 
the rest prisoners, who being tried by court-martial were all con- 
demned to die. One of them suffered, but the rest being very 
penitent and men very scarce in the country, I, on the petition of 
the men and officers, granted them mercy, of which I hope the King 
will approve. The Lieutenant's letter and all the papers to do with 
the proceedings are transmitted herewith. Signed, Ben. Fletcher. 
1J pp. Endorsed, Reed. 26 Aug. 1696. Read 28th. Answd. 
25 Sept. 1696. [Board of Trade. New York, 6. No. 44 ; and 52, 
p. 9.] 

[June 10.] 27. A collection of papers transmitted together with the two 
foregoing despatches. 

27. i. Lieutenant Abraham Bickford to Governor Fletcher. 
Senectady. March, 1696. On the 10th of January about 
midnight the whole guard except one deserted. The 
others to the number of sixteen broke through the north- 
west blockhouse next the water's side, and drew the 
charges of the great guns. About two o'clock in the 
morning I went to visit the guard, but finding none sent 
express to Colonel Ingoldsby and pursued them myself 
with ten inhabitants and eleven soldiers, but was forced 
to leave the serjeant with seven red-coats in the woods, 
they not being able to march as the expedition required. 
There was a little snow, and as the deserters kept a path 
all night I followed on their tracks, but as soon as it was 
day they left the path and steered by the sun. About 
four o'clock in the afternoon I came up with them, being 
within two pikes' length before I discovered myself. I 
commanded them to lay down their arms. They 
returned no answer but with presented muskets. We 
having the advantage of being presented at them made 
the first fire, with which two or three fell. The rest 
immediately fired briskly on us and we on them for a 
considerable time, during which I still called on them 
to lay down their arms and that there was another party 
near them. But they still held out firing till seven of 
them lay on the ground, and then the rest surrendered. 
Five are dead, and the other two not yet recovered of 
their wounds. I had my party sworn by Colonel 
Ingoldsby's order before Capt. Sanders Glenn, justice of 
the peace, to satisfy you of what I said to the deserters 
both before and during the action, and enclose copy of 
the depositions. My men were so advantageously posted 
that, God be thanked, none were shot or wounded. We 
have a strong and regular fort here built by the inhabi- 
tants, with foot-works and a stone magazine, fit for the 
garrison. There has been no news from the enemy this 
winter. Copy. 1 pp. 

27. n. Sworn statement of the men with Lieutenant Bickford 
as to his calling on the deserters to surrender before 
he fired. Senectady. 14 March, 1696. Copy. 1 p. 
Endorsed, Reed, 26 Aug. 1696. Read 1st Sept. 



14 COLONIAL PAPEKS. 

1696. 

27. in. Minutes of a Court Martial held on the deserters, on 
21st April, 1696, Colonel Richard Ingoldsby, President, 
two captains and five lieutenants members. The whole 
were found guilty and sentenced to be shot. Copy. 5 pp. 
Endorsed as No. u. 

27. iv. Governor Fletcher to Governor Treat of Connecticut. 
20 April, 1696. Our frontiers being much weakened by 
death and desertion, I have prevailed with the Assembly 
to provide pay for 120 men, being the quota assigned to 
your Colony by the Eoyal mandate. Yet to make all 
things easy, I desire you to send sixty men to Albany, 
who shall be furnished with the King's arms and 
ammunition, victuals, lodging and pay, and remain in 
the service one year from their arrival at Albany. They 
shall have 3 a man in their hands on their arrival, and 
if you think fit that they, or some of them, should be 
relieved in a lesser time by others, it shall be granted, 
provided that every man relieved before his year is out 
return thirty shillings of his advance-money to the man 
who relieves him. I should like them to be got thither 
some time in May next. It will be a great advantage to 
the youth of Connecticut to be taught the use of arms 
after the modern way of the King's army. When these 
return they will be able to instruct the others. Your 
compliance herein will be fairly represented to the King 
and acknowledged by myself. Cop;/. 1 p. 

27. v. Governor and Council of Connecticut to Governor 
Fletcher. Hartford, 22 May, 1696. Yours of 20 April 
and 11 May are before us. We acknowledge that our 
loyalty to the King's interest obliges us to our utmost to 
prevent any damage that may happen thereunto, so we 
have concluded to send a Captain and Lieutenant with 
fifty-eight men to Albany to join your forces and the 
quotas of the other Colonies. We shall commissionate 
one captain and lieutenant to lead our men to Albany 
and receive your orders, you, according to your letter, 
finding arms, ammunition and provisions. We desire 
that you will order these arms, ammunition and provi- 
sions to be sent to Milford in readiness for the soldiers 
to march with, and at the place where our soldiers 
receive them we shall order them to be returned. Our 
General Assembly has agreed that the men shall be with 
you' for defence of Albany until the 31st of October 
next, unless we be invaded meanwhile and want them 
at home. We shall raise our officers and men as soon 
as we receive your compliance herewith. Signed, 
Eleazar Kimberly, Secretary. Copy. 1 p. Endorsed 
as No. n. 

27. vi. Secretary of New York to Governor Treat. 26 May, 
1696. The Governor has submitted your letter of 22nd 
to the Council, who finding it to "be no answer, but an 
evasion, have bidden me to acquaint you thereof, and 
that they are sorry you should so forget your duty as to 



AMERICA AND WEST INDIES. 15 

1696. 

trifle with the King's interest and your own preservation 
at a time when more than ordinary affection to the 
King is required from his subjects. The Governor's 
letter is plain and free from mystery. He expects the 
like answer from you, and that you will order the men 
to march to Albany, where he will fulfil the agreement 
which he has proposed. He will find them officers; his 
commission for the militia of your Colony is not repealed, 
so the power of appointing officers is lodged in him. 
Signed, David Jamison. Copy. I p. Endorsed as 
No. n. 

27. vn. Governor and Council of Connecticut to Governor 
Fletcher. Hartford, 30 May, 1090. Your letter of 20th 
has been read in Council, whereby we understand your 
dissatisfaction at the General Court's letter of the 2'2nd, 
which we conceive to proceed from want of charitable 
and right understanding thereof. Their intent was to 
send a rational and plain answer to your former letter, 
such as might attest their loyalty to the King's interest 
and orders, and, as far as might be, comply with your 
own proposals. You said you would furnish our men 
with arms, so it seemed rational to the General Court 
that the arms should be conveyed to some convenient 
place, that our men might march with them for their 
defence through the woods, where you cannot but expect 
that they may be alarmed on their way. Also it seemed 
most for the King's interest that our soldiers should 
have officers from among ourselves, for we hope we have 
men fitted to command against such enemies as infest 
our frontiers in these parts, and if our soldiers have 
officers whom they know and love they will be more free 
to attend the service and more forward and courageous 
against the enemy. This is so reasonable a thing that 
we doubt not the King would approve it and would 
grant our soldiers such encouragement. If you do not 
concede this to us you will find our soldiers very 
unwilling to march to Albany. On their arrival there 
they were ordered to attend your further orders, which 
we conceive to be rational on our parts. We do not 
desire to elude or be mysterious in our letters, neither 
do we say your commission is repealed ; yet we know 
it is restrained, and we therefore desire your Council to 
be charitable towards those who sincerely intend the 
King's service and the defence of good subjects according 
to our power, and we depend on you for arms, ammuni- 
tion, provisions and pay. You may remember that in 
your former letter you appointed us to order a captain, 
two lieutenants, two drummers, etc., for one company 
which you desired us to send to Albany, which makes 
us a little startled at your present statement that you 
will find our soldiers officers. You do not mention 
that you have summoned quotas from any of the neigh- 
bouring Colonies which are ready to join us, as we 



16 COLONIAL PAPERS. 

1696. 

expected. If you do not accept our proposals we leave 
it to your further consideration. Signed, Eleazar 
Kiniberly. Copy. 1 pp. 

27. vni. Governor Fletcher to Governor Walter Clarke of 
Rhode Island. 24 April, 1696. I have frequently 
applied to your Colony for the quota of assistance 
assigned to you by the Royal mandate, forty-eight men, 
but so far have not obtained one man nor assistance of 
any kind. The copies of the answers sent to me I sent 
to be laid before the King, and hearing of your coming 
to the Government I was apt to expect more dutiful 
compliance with the Eoyal commands. To make things 
easy I desire you to send forty-eight men, or such 
number of them as you can get, at your charge to New 
York. I will provide arms, ammunition, victuals, lodg- 
ing and pay, and they shall remain on the frontier one 
year. They shall have i'3 a man paid into their 
hands on arrival. If possible let them be here at 
the end of May or beginning of June. It will be 
an advantage to your youth to learn the use of their 
arms after the modern way of the King's army. Copy. 
1 p. 

27. ix. Governor Clarke to Governor Fletcher. Newport, Ehode 
Island. 14 May, 1696. Your letter was laid before 
the General Assembly on the 6th inst. You say you 
have applied for forty-eight men for defence of the 
frontier, that you have never obtained one, and that our 
answers have been sent home to be laid before the King. 
Since those letters are before him we are ready to sub- 
mit to the King's decision, believing that he requires no 
impossibilities from his subjects. In proof thereof we 
note in the late Queen's orders that if the Governor or 
Commander-in-Chief draw off any forces in the time of 
invasion, he should not leave the Colony unprovided 
from whence the forces are drawn. We are not 
unwilling but ready to serve the King with our persons 
and estates, but several of our towns, forming a con- 
siderable part of the Colony, are detained from us by 
Massachusetts, which incapacitates us. If we part with 
our men it may be not only the overthrow of this 
Colony, but may endanger the rest of the Colonies, for 
the following reasons. First, we have three inlets where 
no forts can be erected to annoy an enemy lying near, 
four miles fronting upon the ocean. Also in moderate 
seas an enemy may land in almost any part of the 
Government, so that our greatest security consists in 
suitable numbers of force to watch their motions at the 
several suspected places, so that we find our all, if 
attacked, is too little for the defence of our frontier, 
which lies in as much danger as that of any Colony. I 
hope you need not question that, as we have formerly 
always had good correspondence with New York, we 
wish to continue it. 






AMERICA AND WEST INDIES. 17 

1696. 

Since writing the above a privateer from Jamaica has 
come in with a small prize. Copy. 2 pp. Endorsed as 
No. u. 

27. x. Governor Fletcher to Governor William Markham of 
Pennsylvania. 29 April, 1696. Requiring of him the 
quota of men for his province, and asking when they 
will be ready. ( '<>]>!/. p. Endorsed as No. u. 
27. xi. Governor Markham to" Governor Fletcher. Phila- 
delphia. 26 May, 1696. I wish that I could send you 
a satisfactory answer. The Assembly drew up the 
enclosed Bill, which if I would not pass they were 
resolved to raise no money, and if I would pass they 
had provided to raise ^200 for New York. It is true 
that the Proprietor has granted them a large charter, 
which on his restoration to the Government I tried to 
put in execution again. I issued out writs to form a 
Provincial Council and Assembly, as they call it, and 
when they met and had performed the usual ceremonies, 
they thought the charter granted by the Proprietor too 
short, and this a fit time to get a larger, and therefore 
unanimously declared the old one void. I tried to 
convince them, but in all the three weeks of their sitting 
they could not be moved from their first design. I never 
was for the Proprietor's form of government and 
doubted if he had power to grant many things in it ; but 
I know very well it was forced from him by friends who 
unless they received all that they demanded would not 
have settled the country. Since they refused the old 
charter, thereby releasing the Proprietor from his 
obligation to them, I had no reason to bind him again, 
and that faster than be had bound himself before. 
They would not allow that they were a General Assembly 
according to the writs that called them, according to the 
Proprietor's charter, but by a strange kind of logic dis- 
puted that they were not qualified to make laws without 
this or some other Bill like this to qualify them for it. 
As if the passing of this Bill were not an act of legisla- 
tion. As my assistant would not consent that I should 
call an Assembly after the manner of other Governments 

1 thought it best to avoid contention and to refer the 
question to the Proprietor himself for his directions. 
Till these come no Assembly can be called here. So 
much in answer to your demand of our quota. Copy. 

2 J pp. Endorsed as No. u. 

27. xii. Order of Governor Fletcher for return of a list of 
Roman Catholics in the City of New York. 13 June, 
1696. Inscribed. A list of the said Catholics, ten in all, 
certified by the Mayor. 1 p. Indorsed as No. n. 
[Board of Trade. New York, 6. Nos. 44, 44 i.-xn.] 

June 10. 28. Commissioners of the Navy to Lords of the Treasury. 

Navy Office. We have received a paper of charges for the Naval stores imported 

by Sir H. Ashurst and Sir Stephen Evans, and gave order for 

28181 y 



18 COLONIAL PAPEES. 

1696. 



making out an imprest for satisfying those gentlemen. On compar- 
ing the invoice with the stores received we find some articles 
wanting and others in excess. We observe that the invoice showing 
the first cost of the goods and expenses of importation amounts to 
3,006, which with 55 from Customs makes 3,061. But the 
invoice is not signed, nor is there any voucher for the payment of 
that money abroad nor for insurance and other charges, though Sir 
Henry Ashurst this morning affirmed to us that the account of this 
invoice is the very same that he had from New England. We must 
also observe that if this 3,006 was defrayed by those gentlemen 
in New England, the difference between that and this country's 
money is as 125 there to 100 English, which will reduce the account 
to 601. This and the want of vouchers according to the method 
pursued in this office, are the reasons for our requesting from you 
further directions. Sic/ned, B. Haddock, D. Lyddall, J. Pett, 
J. Sotherne, Tho. Willshaw. Copy. 1J pp. [Board of Trade. 
New England, 8. No. 13.] 

June 11. 29. Minutes of Council of Massachusetts. Order for pro- 
clamation for three Indians of Barnstaple County, who have 
been convicted and sentenced for offences by them committed, to 
surrender themselves within fifteen days on pain of being treated 
as enemies. Order for payment of thirty-eight shillings for subsis- 
tence and custody of twenty seamen impressed for the King's 
service, \_Board of Trade.. New England, 49. 2 } P- 29-30.] 

Tune 11. 30. Minutes of Council of Nevis. Orders for the trenches 
to be repaired and for victuals to be provided for the recruits of 
Russell's regiment going to Barbados. [Board of Trade. Leeward 
Islands, 64. p. 350.] 

June 12. 31. Minutes of Council of Jamaica. Order that all payments 
excepting the salaries of the Governor, Chief Justice and Captains 
of forts (which shall have precedence) shall be paid in order of 
date. Orders for payments for hire of ships for the King's service. 
Orders for sundry payments. The Receiver-General returned 
his accounts, which were examined and entered in full on the 
Council-book. [Board of Trade. Jamaica, 79, pp. 6-9.] 

June 11. 32. Minutes of Council of "Virginia. Captain John Battaile 
of the militia in Potomac and the ferryman on the river were 
summoned to answer for refusing to forward an express with news 
of a murder by the Indians. The Governor laid before a Council a 
list of surveyors, received from Mr. Blair, President of the College. 
[Board oj Trade. Virginia, 53. p. 24.] 

June 12 33. Governor Nicholson to Lords of Trade and Plantations. 

Annapolis, I have received yours of 10 March and 17 May, and pursuant to 

Maryland, orders have ordered a day of thanksgiving for the deliverance of the 

King from the design against his life. I was very unfortunate that 

the Assembly broke up only a few days before your commands 

arrived, in that I could not sign an address to the King nor enter into 

an Association with them (though I transmit herewith our address 

of congratulation to the King), but the Assembly is to meet (God 

willing) on the 1st of July, and I am not without hopes of sending 



AMERICA AND WEST INDIES. 



19 



1696. 



it by this fleet, or, if not, by the ship which brought your order. I 
think it best that they should be first done by the General Assembly 
of the country, for since I have known these parts I have observed 
that what they have done in this nature hath a mighty influence 
over the whole. But I design (God willing) that the Provincial and 
County Courts shall sign them, and the militia too. I have received 
the King's orders of the 2nd of January as to New York, and I have 
made the head of it public, thinking that it was for his service. I 
doubt not that when the Assembly meets they will acknowledge the 
King's great grace and favour in the affair. Sii/ncil, Fr. Nicholson. 
1 i>. Endorsed, Reed. 26 Aug. 1696. Read, 28th. Answd. 25 Sent. 
1696. Enclosed, 

33. i. Address of the Council and Burgesses of Maryland to 
the King. Congratulating him on his successes in war 
and on his safe return from Flanders. Sii/iic/l, Fr. 
Nicholson, and by seven of the Council ; Keuelm 
Cheseldyn, Speaker, and by thirty-nine Burgesses. 
Large sheet. Endowed, Reed. 26 Aug. 1696. [Hoard of 
Trade. Maryland, 3. Nos. Q,3.i; and (without enclosures) 
9. pp. 3-4.] 

June 12. 34. Duplicate of the foregoing despatch. Endorsed, R. 26 
Aug. '96. [Hoard of Trade. Maryland, 3. No. 4.] 



June 12. 

Annapolis, 
Maryland. 



35. Governor Nicholson to the Duke of Shrewsbury. I 
send the Journals of Council and Assembly, and other papers. We 
have had little rain in the lower parts of the province, and I have 
an account that it is so in most parts of Virginia, so if it please God 
that it continues there will be a scarcity of corn, provision and 
tobacco, but when the London fleet arrives, I hope it will cheer up 
people's spirits, bringing us news of the King's perfect health, 
and of his entire victories over the enemy by land and sea. 
Signed, Fr. Nicholson, i p. Endorsed, R. 26 Aug. [America and 
West Indies. 557. Wo. 12.] 

[June 12.] 36. List of the enclosures sent in the same packet with the 
foregoing letter. .V if/ned, Fr. Nicholson. p. [America and West 
Indies. 557. No. 13.] 

June 13. 37. Minutes of Council of Virginia. On the representation 
of Captain Harry Beverley, it was ordered that the sloop commanded 
by him be paid off and discharged from the King's service, and that 
another vessel be hired in her stead. Order for the Surveyors to 
bring a list of their fees to the next Council. [Board of Trade. 
Virginia, 53. p. 25.] 

June 15. 38. Minutes of Council of Virginia. Order for publication 
of the King's proclamation of 23 April for apprehending the con- 
spirators against his person. Mr. Secretary Wormeley being 
disabled by frequent affliction of gout asked leave to appoint 
Edmund Jenings to be his deputy, who was approved and sworn 
in. Warrants for salaries and other expenses signed. [Hoard oj 
Trade. Virginia, 53. pp. 25-27.] 



[June 15.] 39. Duplicate copy of the 
from 16 April to 15 June, 1696. 
No. 30.] 



Minutes of Council of Virginia 
[America and West Indies. 638. 



20 COLONIAL PAPERS. 



1696. 

June 15, 40. Governor Sir William Beeston to Lords of Trade and 
Jamaica. Plantations. Since my last of April, asking for the appointment 
of more Councillors, the Assembly has met but could not proceed 
to business for want of a quorum in the Council. There were 
seven remaining, yet by reason of indisposition in some and distant 
residence of others the number could not be made up on all 
occasions, so that I was obliged to call up Thomas Ayscough and 
Richard Dawkins, whom I have already recommended and now beg 
may be confirmed. I should not have done it could the service 
have been carried on without such addition, for Colonel Knight 
(who is one of the Council) commands the fort and regiment at 
Port Royal, and I dare not take him from thence in these dangerous 
times, lest the place should be attempted or surprised in his 
absence. The pirates that ran away with one of Don Arturo 
Oburn's ships from Corunna have been in the Red Sea and 
gotten great wealth, up to 300,000, it is reported. They are 
arrived with it at Providence and have sent privately to me to try 
if they could prevail with me to pardon them and let them come 
hither ; and in order to it I was told that it should be worth to 
me a great gun (.20,000), but that could not tempt me from my 
duty. I have written more at large hereon to the Duke of Shrews- 
bury. The Assembly has passed an Act for the quartering of the 
soldiers that are here and may be sent hither, also an Act for the 
governing of negroes, which l" hope will be confirmed. They are 
providing two or three bills more, which I hope will be finished in 
eight or ten days, and then the Session will end. One of the bills 
is, by my persuasion, to appropriate the additional duty on wines 
and negroes (which was designed to encourage people to come 
hither, and to pay their passages) to the revenue. This revenue, 
by the management that I have used, in spite of its late indebted- 
ness, the expenses caused by the war, and the small income owing 
to want of trade, will by this assistance be, I hope, quite out of 
debt in six mouths. Nevertheless I cannot persuade the Assembly 
to make a new bill for the revenue. The chief reason that they 
give is that they are unwilling to have it perpetual and hope that 
you will not lay the bill now in England before the King, as it was 
passed by an unduly-elected Assembly. I represented to them that 
the said bill had lain for some years not presented to the King 
because an equivalent was expected. In answer they say that if 
they must have fetters they would rather have them put on by 
others than by themselves, so that it seems to me that there will 
not be a settled establishment of the King's revenue here till you 
lay the bill aforesaid before the King for confirmation. Signed, 
Win. Beeston. Holograph. 1J pp. Endorsed, Read 5 Nov., 1696. 
Answd. 23 Nov., 1696. A short abstract is attached. [Board of 
Trade. Jamaica, 8. No. 6 ; and 56. pp. 22-24.] 

June 15. 41. Minutes of General Assembly of Massachusetts. Bill 
for a market in Boston again read and enacted. John Walley, 
Commissioner of Imposts, etc., made oath to his accounts. The 
Representatives sent down their vote on the complaint of Samuel 
Gibson, that he should be allowed re-trial of his case ; which was 
read in Council and not concurred with. A similar vote as to the 
complaint of Joseph Richardson was also read and not concurred with, 



AMERICA AND WEST INDIES. 21 



1696. 

June 16. Voted in concurrence with the Representatives that John Walley's 
accounts be passed, that the Treasurer's salary be paid, that .50 
be paid to Increase Mather, and that a draught of a letter to 
Connecticut as to boundaries be approved. A bill for a tax of 6,344 
was received from the Representatives and read. Order, for 
encouragement to prosecute the French and Indian enemy, that if 
any suitable person offer to command a company and raise that 
company he and his men shall receive .50 for every Indian man, 
and 25 for every Indian woman or child, male or female, under 
fourteen years of age, taken or brought in prisoner. The scalps of 
all Indians slain must be produced. Ammunition, provisions and 
pay will be given so long as the men continue on service, but pay 
shall cease on their return to any village or garrison, for the length 
of their stay. Maimed or wounded men will receive allowance for 
cure and pensions. On the frontiers the same allowance will bo 
made to any town that moves to the relief of another town, if they 
have pursued the enemy further than they can expect to return 
within twenty-tour hours ; otherwise wages will be withheld. This 
order to continue in force for six months. Bill against piracy read 
a first time. Petition of Elisha Cooke, John Wiswall and John 
Floyd, for review of an adverse judgment as to certain lands, granted. 

June 17. Bill against piracy and bill for the tax again read, engrossed and 
enacted. Voted in concurrence with the Representatives that 300 
be paid to the Lieutenant-Governor for his service of last year, that 
there be a conference as to the cases of Samuel Gibson and Joseph 
Richardson, and that payment be made to Henry Dering and Thomas 
Newton for work done for the Representatives. James Taylor took 
the oath as Treasurer. John Walley chosen Commissioner of 
Impost. Two votes for relief of constables. The Assembly was 
adjourned to the 16th of September. [Hoard- oj Trade. New 
England, 48. pp. 56-64.] 

June 17. 42. Minutes of Council of Nevis. II. M.S. Hastings having 
brought in three prizes it was ordered that a sloop be impressed to 
convey the prisoners to the Governor. Order for a gun to be sent 
to the Lieutenant-Governor's house to use for alarms. [Board of 
Trade. Leeward Islands, 64. p. 350.] 

June 17. 43. Minutes of Council and Assembly of Antigua. On the 
Governor's proposal the Assembly approved the provision of 
victuals for the soldiers of Russell's Regiment. Orders for certain 
payments. With the Governor's consent the date of the Act for the 
Secretary and Marshal to give security was altered. Certificate 
of the Governor, as to the capture of certain Indians for which a 
reward is claimed, sent down to the Assembly. The Governor then 
sent down to complain of certain words spoken in the Assembly 
about the said certificate, to which the Assembly answered that to 
be called to account for words spoken in the House was a breach of 
privilege. [Board of Trade. Leeward Islands, 64. pp. 173-175.] 

June 17. 44. Minutes of Council of Massachusetts. On the applica- 
tion of Mr. John Usher leave was granted for a ketch to go to 
.Menis for a cargo of wheat. [Board of Trade. New England, 49. 
p. 81.] 



COLONIAL PAPERS. 



1696. 
June 17. 

London. 



45. Lords Proprietors of Carolina to Governor John Archdale. 
We have received yours of 30 October and 22 November. You will 
find in our last an expedient agreeable to that which you mention for 
satisfying Berkeley County. You may also add two members to 
Colleton County, but the rights of Craven County must be continued. 
You say that the Assembly would undertake to pay our debts, 
amounting to 1,700, to Moreton, Colleton and Smith, that they will 
build a fort, and that they will pass an Act to secure our quit-rents. 
On these conditions we will discharge the arrears of quit-rents, and 
empower you to assent to an Act for the purpose. We hear from 
your son-in-law (your own letters having been thrown overboard in 
passage for fear of a French privateer) that you are sending him 
500 for land sold in specie, and 500 more in commodities, which 
we approve. We daily expect the arrival of your son. Signed, 
Craven, Bath, Ashley, William Thornburgh for Sir John Colleton, 
Tho. Amy. [Hoard of Trade. Carolina, 4. p. 32.] 

June 18. 46. Order of the Lords Justices of England in Council. 
Whitehall. Referring the petition of William Bowtell and Thomas Wenbourne, 

merchants, to the Council of Trade and Plantations for report. 

Signed, John Nicholas. ^ p. Annexed, 

46. i. Petition of William Bowtell and Thomas Wenbourne. 

Seth Sothell, late Governor of Carolina, was indebted to 
us in the sum of 296 and 148, as we can prove by 
bonds under his hand. Sothell died in Virginia, leav- 
ing as sole executrix his widow, who married John Lear 
and is since also dead, leaving all Sothell's personal 
estate to the said Lear. This Lear refuses to pay 
Sothell's debts, and by the arbitrary and illegal method 
set up by the Governor and Council of Virginia neither 
Lear nor any other of the said Council are compellable to 
pay either their own just debts nor those which they 
owe as executors. For in 1680 they settled a rule in the 
General Court (where they sit as judges without having 
taken any oaths as such) that none of the Council shall 
be liable to any action whatever for any matter or reason 
whatever, the reason being that it is inconsistent with 
their honour, so that it is at their own discretion whether 
they will answer to any action. This method being 
observed (as hitherto it has been by all of the Council) 
all persons who have any concerns in their lands must 
suffer greatly, for as no process in law can touch their 
persons, so neither shall it affect their estates. We beg 
for your Excellencies' order that John Lear may not be 
protected by any such contrivance, but that we may 
have the same remedy against him as though he were 
not of the Council. 1 p. The whole endorsed. Eead, 
July 13, 1696. [Board of Trade. Virginia, 6. 
Nos. 1, li. ; and 37. pp. 1-3.] 

June 19. 47. Memorial of William Bridges to the Lords Justices of 
England. Begging on behalf of Governor Russell for permission 
for him to accept a present lately made him by the Assembly of 
Barbados. Signed, Wm. Bridges. 1 j>. Endorsed, Reed. 10 July, 
1696. [Board oj Trade. Barbados, 7. \<>. 3 ; and 44A. p. 1.] 



AMERICA AND WEST INDIES. 23 

1696. 

June 19. 48. Governor Sir William Beeston to William Blathwayt. 
Jamaica. I have little to say since my last, except that the Assembly is 
drawing to a conclusion, and that the laws passed shall be sent by 
next opportunity. I cannot persuade them to renew the bill for the 
revenue, so, for a certainty to the King, it would not be amiss to 
recommend the bill that you have already for the royal assent. 
We have nothing from England but the Russell, galley, which 
brought no letters but an uncertain account of a design against the 
King's person, and a designed invasion from France. We have 
heard more from Curaeoa, namely, that all is detected and over, but 
I fear it because we have no ship from England, though the Heet 
from thence has been long expected. We want all necessaries, and 
ships to carry away our produce, so that if this war hold on much 
longer these Colonies must come to nothing. No people come in, 
many die, some get away from fear, others because they are in debt, 
and many are pressed into the King's ships, which also frightens 
others away, so by many ways we decrease, which disheartens those 
that have interest and makes them talk of removing. The King's 
ships are in an ill condition from want of recruits of stores, pro- 
visions, necessaries, and also of officers and seamen ; so that they 
are of great expense to the King, and by their wants hindered of 
being of much use to the country. There is now a French man-of- 
war on the north side of the Island, reported to be of fifty guns, and 
I am obliged to send both of ours after her lest she should baffle 
any one of them, undermanned and unprovided as they are. 1 
have sent a sloop to Hispaniola in hopes of getting provisions, 
from whence we may learn what ships are there that have lately 
reached them, and what is their design. We hear nothing about 
the Assiento, whether it be again disposed of or to whom, nor have 
I had the good fortune to have a word as to the money due from 
Porcio to the merchants here, about which I wrote to you some 
time ago. If there were any countenance about it, it would now 
be paid, for the Bishop of Panama, who is now President there, 
has put Porcio in prison because he was endeavouring to get 
privately away. The Assembly have passed Acts for quartering the 
soldiers, and for governing of negroes, which I hope may be liked 
in England as they are of great moment to the safety of the country. 
I mightily want commands to fill the Council, for want of which 
business is much obstructed. Sii/ned, Wm. Beeston. Holograph. 
1J pp. A short abstract is attaclu'd. \_Board of Trade. Jamaica, 8. 
No. 7 ; and 56. pp. 24-26.] 

June 19. 49. Minutes of Council of Barbados. A private bill as to 
Philip Kirton's land was considered and postponed. A conference 
was appointed on the bill to encourage importation of Christian 
servants. Edward Cranfield's commission as Deputy-Auditor 
recorded. Colonel Salter appointed Treasurer. The Conferrers 
brought up their report on the bill as to white servants. Orders 
for certain payments. The Assembly desired to amend the addi- 
tional bill for supply of the soldiers. 

June 20. Message of the Assembly proposing an amendment to the bill as 

, to white servants, to the effect that the Militia Act should not be 

strictly enforced in the dearth of white servants ; to which the 



24 COLONIAL PAPERS. 

1696. 



Governor answered that he could not consent, though he was 
willing to make all possible allowances. Bill for the subsistence of 
the officers of Eussell's Regiment received. Addresses of the 
Assembly as to the ship Frank Russell received, also two resolutions 
as to trial of certain rebellious negroes, as to continuing the lease 
of Fontabelle, as to granting medals to certain officers and a reward 
to certain seamen and as to repair of the fortifications. Bill as 
to white servants read thrice and passed. The grant of medals and 
rewards agreed to. [Board of Trade. Barbados, 65. pp. 104-107.] 

[June 23.] 50. Memorandum of the cannon taken in the Expedition to 
Hispaniola. There were taken at Cap Francois 33 cannon, of which 
we had 17 and the Spaniards 16, besides 1,000 shot to each of us. 
The cannon taken at Port-de-paix were 107 great and small and 
8,662 great shot, of which we and the Spaniards each took 53 guns 
and 1.831 shot; but we also took 8 guns, of which the Spaniards 
had no share. I was informed by two French gentlemen that in the 
fort and castle the French abandoned 700 barrels of powder, naval 
stores to the value of 1,500, three months' provisions for six 
hundred men, and money, plate, etc., worth ,14,000, all of which, with 
3,000 worth of indigo at Cap Fra^ois, was taken by the sea- 
officers, who searched all boats that came off to the fleet. The 
Spanish General's letter will show how the sea-officers behaved. 
8ifjitfd, Luke Lillingston. Herejolloics a list of ordnance landed at 
Jamaica. 1 pp. Inscribed, Delivered, 23 June, 1696. [America 
and West, Indies. 540. No. 50.] 

June 23. 51. Clerk of Assembly of Virginia to Lords of Trade and 
Virginia. Plantations. Forwarding the Journals of the House of Burgesses 

during the session begun 23 April, 1696. Signed, Peter Beverley. 

p. Endorsed, Reed. 26 Aug., 1696. Read, 28th. [Board of 

Trade. Virginia, 6. No. 2 ; and 37. p. 3.] 

June 23. 52. Clerk of Assembly of Virginia to the Duke of Shrews- 
bury, Advising despatch of the Journals of the House of Burgesses 
from 23 April to 1 May, 1696, and of a duplicate of the same. 
Signed, Peter Beverley. Two letters. Each J p. Both endorsed, 
R. 26 Aug., 1696. [America and West Indies. 638. Nos. 31, 32.] 

June 25. 53. Petition of the Clergy to the Governor of Virginia, at a 
general meeting held at James City. In answer to your speech 
recommending the settling of the clergy's salaries the Burgesses, 
instead of remedying so crying an evil, represented the circumstances 
of the clergy as needing no redress, as if the clergy were contented 
with their present provisions, and all information to the contrary 
had proceeded only from those who were avariciously inclined. We 
beg, with all respect to the House, to be allowed to represent our 
circumstances and to speak our minds, who best know whether we 
are satisfied or not. We are obliged to receive our salaries in 
tobacco at twelve shillings the hundred. We cannot but look upon 
it as a great grievance when no persons but ourselves are obliged 
to take tobacco at so high a rate. As you are aware, the King's 
quit-rents are not sold for so much as half that price. As to our 
perquisites we have none except for marriages and a few funeral 



AMERICA AND WEST INDIES. 25 

1696. 

sermons, which, upon a computation of the perquisites of the 
generality of the parishes, do not amount comnuinibus annis to five 
pounds a year. As to our glebes, so ornamentally described by the 
Burgesses, we aver that in many parishes there are no glebes at all, 
and that in several parishes that have glebes they are detained from 
the minister's possession. When they are allowed to the ministers 
they are so destitute of houses, orchards and other conveniences that 
they are no way fitting for his commodious reception and accommo- 
dation, and are, one with another, not worth above forty or fifty 
shillings per annum. Further which is as grievous as all the 
rest we hold these mean livings so precariously that (not being 
inducted) we are at all times liable to be turned out at the vestry's 
pleasure, without any canonical objection alleged or proved against 
us. We must therefore unanimously own that the circumstances 
of the clergy in Virginia are most deplorable and that the represen- 
tation which was made to the King in that sense was a good service 
to the Church and pursuant to the desires of the clergy at their 
general meeting in 1690. We beg therefore that since the Burgesses 
have shewn so much averseness to the relief of the clergy you will 
make favourable representation of our sad circumstances to the 
King and intercede with him for our relief as he shall think best. 
Sii/ned, James Blair, Commissary, and /;// Jiftcen others. Copy. 
2^ pp. [America and West Indies. 638. No. 33.] 

June 25. 54. Journal of Council of Trade and Plantation:-!. William 
Popple appointed Secretary. Order for an error in the Commission 
to be corrected. Agreed that the Council meet every Monday at 
4 p.m. and every Wednesday and Friday at 10 a.m. The Secretary 
was ordered to desire Sir Christopher Wren to hasten the fitting of 
the rooms designed for it. [Board of Trade. Journal, 9. p. 7.] 

June 25. 55. Minutes of Council of Jamaica. Order for the justices 
to see that the oaths appointed in lieu of those of allegiance and 
supremacy be administered to all persons that have not taken them. 

June 26. Order for payment of '20 to Thomas Barrow as a retaining fee 
to be th,e King's Counsel in all matters concerning the King's 
revenue. [Board oj Trade. Jamaica, 79. p. 10.] 

June 26. 56. Governor Hamilton to Governor Fletcher. I formerly 
Burlington, acquainted you that I had set some young men who had been at 
[New Jersey.] jyb an y to invite others. They now inform me that Captain 
Matthews is so much in their good graces that if he came down he 
is the likeliest man to prevail. I could have him first find out 
Matthew Moore of Wood bridge, who was of his company. He 
knows the temper of the young men and can best assist. They must 
be soothed with it, for asserting the power of the Commission will 
make them all run the province. I am really ashamed and grieved 
that they are so awkward. They still object the exemption or non- 
compliance of the neighbouring Colonies, nor will this ever be 
remedied unless the support of the frontiers reaches all North 
America. As it is, the remoter Colonies are so many asylums. 
Signed, And. Hamilton. Copy. 1 p. Endorsed, Reed. 23 June, 
X697. Read 9 April, 1698. [Hoard of Trade. New York, 6. No. 45.] 



26 COLONIAL PAPERS. 



1696. 

June 27. 57- Governor Sir Edmund Aiidros to Lords of Trade and 
Virginia. Plantations. On the 12th of May I received yours of the 10th of 
March, with the joyful news of the discover}- of the design against 
the King, and his Majesty's proclamations since. I immediately 
summoned the Council, when a clay of public thanksgiving was 
appointed. We have also passed an address to the King and 
entered into an Association. The day of thanksgiving was solem- 
nised with the greatest expressions of joy that this country is 
capable of. All the militia were in arms : and all the officers, civil 
and military, with the principal inhabitants have addressed and 
entered into an Association to the King. I have received the King's 
orders to suspend the sending of the quota : before which I had 
taken measures for sending it, but upon advice that other Colonies 
were sending not men but money for raising men in New York, 
I deferred sending them and sent instead 1.000 New York money. 
This exceeds the 500 given by the Assembly, and the revenue 
(being in debt! is not sufficient to meet this as well as the established 
and necessary charges of Government. The London fleet is not 
arrived: there is little exportation of tobacco: last crop was small, 
and next crop is not likely to be letter. I beg your favour to the 
King, in such manner as you think fit. for the said debt. The 
Assembly met in April according to prorogation, but being alarmed 
with apprehensions of small-pox, presently prayed for a recess and 
could not be prevailed with to enter on business. I therefore 
prorogued them till October next. Sinned, E. Andros. 2 pp. 
Enilvwd. Reed. 2b'th. read 28th August. Answered, 24 Sept., 1696. 
[linanl <>T Trade. Virginia. 6. X. 3 ; and 37. pp. 3-5.] 

June 27. 58. Governor Sir Edmund Andres to William Blathwayt. 

Virginia. j received yours of 14th March on the 12th of May, at once 
despatched the good news of the King's preservation to all parts of 
the Colony and forwarded the packets to the other Colonies. I send 
the public papers and accounts, and have prayed the favour of the 
Lords for the debt of the Colony. I particularly hope for favour 
from yourself, to whom all the accounts are transmitted, for even 
though the London licet may soon arrive I see no prospect that the 
revenue can clear the debt and meet the ordinary charges of 
Government. I cannot express the joy at the King's preservation, 
upon which addresses and associations from all parts have been 
sent for his Majesty's acceptance. Colonel Wormeley, the Secretary, 
being mostly indisposed, has appointed Colonel Edmond Jenings to 
officiate in his stead. I have admitted him, and he desires to be 
recommended to your favour. I also beg you favour to Colonels 
Johnson and Charles Scarburgh, lately admitted to the Council, 
the latter upon the death of Colonel John Lear. His successor in 
the Collector's place in Lower James River is Colonel Daniel Parke. 
Signed, E. Andros. li pp. Endorsed, Read 17 Sept., 1696. Answered 
24th. [Board of Trade. Virginia, 6. .Vo. 4; and 37. pp. 11-12.] 

June 27. 59. Governor Sir Edmund Audros to the Duke of Shrews- 
Virginia, bury. Thin letter is, irith little difference oj language, to the 
same purport as that of same date to the Council oj Trade and Planta- 
tions (No. 57) irith Ae addition of the appointments to the Council 



AMERICA AND WEST INDIES. 2? 

1696. 

and the Secretaryship reported in the letter to William Blathwayt (see 
preceding abstract) and of the following paragraph. Mr. Commissary 
Blair having convened the clergy to James City gave me at their 
parting an address, of which I forward copy (see .Yt>. 53), complain- 
ing of the House of Burgesses for their disregard of the King's 
directions on their account. The Council desired and held a con- 
ference with the Burgesses on this matter, but could not prevail 
with them to do more, and I was advised that I could not enforce it 
otherwise. I have desired Mr. Blair to let me know what glebes are 
wanting, detained or destitute of houses and conveniences for the 
ministers' accommodation, and if I can induct ministers without 
presentation of vestry or patron, that I may not be wanting to do 
what lies in my power. Sinned. E. Andros. 2i ]>}>. Endorsed, 
E. 26 Aug. [America and ti'est Indies. 638. Xu. 34.] 

June 29. 60. Journal of Council of Trade and Plantations. Order 
for enquiry to be made of the Navy Board as to the Naval stores 
imported from abroad, with the rates and conditions of payment, 
during the past thirty years. Sir Christopher Wren was ordered to 
attend next meeting. [Board <>/ Tradf. Journal. 9. p. 8." 1 

June 29. 61. Minutes of Council of Barbados. A Committee to 
correspond with the Agents was proposed, but there being no 
quorum of the Assembly, the Council adjourned. [Board of Trade. 
Barbados, 65. p. 107.] 

June 29. 62. Minutes of Council of Massachusetts. Order for purchase 
of provisions for three hundred men for five mouths, on an 
expedition against the French and Indians, and that 1,500 be 
advanced by the Treasurer for the purpose. [B'>ard <>t Trade. 
New England, 49. pp. 31-32.] 

June 30. 63. Minutes of Council of Nevis. Copy of a letter from the 
Governor giving warning of a suspected attack, and ordering all 
soldiers to be brought to their duty, all officers to sign the Association, 
and that care be taken to quarter the soldiers well. Several petitions 
were considered. [Board of Trade. Leeward Islands, 64. 
pp. 350-352.] 

July 1. 64. Journal of Council of Trade and Plantations. Mr. 

Churchill appointed stationer to the Council. Order for a warrant 
for delivery of the records of the office to the Secretary. The 
report required of the Navy Board was altered so as to extend their 
enquiry back to the year 1660. Sir Christopher Wren, attending, 
was ordered to draw up an estimate of the cost of preparing the 
rooms for the Council. [Board of Trade. Journal, 9. pp. 8-9.] 

July 1. 65. Minutes of Council of Barbados. The question of a 

Committee to correspond with the Agents considered, and four 
members sent down to the Assembly, to be joined by four members 
of the House as a standing committee. The Assembly desired to 
know the wants of the forts and magazine, which the Governor 
promised to answer to-morrow. Order for payment of 20 to 
Charles Barrett for the expenses of his ship, which had destroyed a 



28 COLONIAL PAPERS. 

1696. 

French privateer. The amended bill for supply of the soldiers was 
brought up, and passed. A paper as to Commissioners for repair of 
the forts was also brought up. 

July 2. The Governor produced an account of the wants of the magazine 

The Assembly desired an account of the stores therein, whereon 
the Governor asked the Council's advice, and, opinions being 
divided, told the Assembly that the Council were not yet ready 
with their advice on the question. [Board oj Trade. Barbados, 
65. pp. 107-111.] 

July 1. 66. Minutes of Council and Assembly of Antigua. Message 

from the Governor pressing for the completion of the fortifications 
at Monkshill and proposing an Act to compel the inhabitants, on 
an alarm, to send their horses into the forts. The Assembly agreed 
to make arrangements as to Monkshill, but thought the proposed 
Act needless. Mr. Edward Walrond swore to his deposition against 
Mr. John Palmer. The Governor promised to enquire into a 
complaint of the Assembly against Captain Julius (to whom they 
had refused a reward for captured Indians) of unseemly language. 

July 2. Act for carrying on Monkshill fortifications signed. The Governor 
desired the Assembly to sign the Association for defence of the King, 
and to prepare an Act for bringing in horses on alarms, both of 
which tilings they did, and the Act was accordingly passed. The 
Assembly preferring a charge against John Palmer of using re- 
proachful language against Queen Mary and of contemptuous 
behaviour in refusing to give security, the Governor answered that 
he would summon Palmer to answer for the same. [Board oj 
Trade. Leeward Islands, 64. pp. 175-177.] 

July 1. 67. Journal of House of Burgesses of Maryland. The House 

attended the Governor, who informed them that since last prorogation 
he had received several packets. He then informed them of the 
discovery of a conspiracy to assassinate the King, and of the 
association signed by Parliament to defend his person, and said that 
doubtless so good an example would be followed in Maryland. He 
then gave them several letters and printed papers relating to the 
news and trade of England ; and the Burgesses returned to their 
house. 

July 2. Resolution for issue of writs for election of burgesses to fill seven 
vacant places. Committees of accounts and laws appointed. Upon 
proposal from the Governor it was resolved that the Committee of 
Laws draw a new Act of Religion. Resolved to present an address 
of congratulation to the King. Message to the Governor asking 
him to deal with the matter of one white servant woman and two 
Indians now in custody for murder. The proposals were received 
from the Council, and resolutions passed on them as follows : 

(1) That all the Indian lands be adjusted and the bounds ascer- 
tained. Referred for consideration and legislation at next Sessions. 

(2) That all masters of ships give account on oath of the 
letters that they bring and of what goods are consigned to any 
person. Assented to. (3) What shall be done as to the ships left 
in the country ? Recommended that they be permitted to sail, as 
they are got ready. (4) Shall the export of corn be still prohibited? 
It is desired that the prohibition be continued. (5) What shall be 



AMERICA AND WEST INDIES. 29 

1696. 

clone as to the prisoners in custody for murder ? The House desires 
that they be tried by a Special Commission. (6) That Colonel 
Beal be permitted to go home and take all necessary care about the 
Indians. Assented to. (7) That an allowance be made to him for 
two Indians brought to Annapolis. Ordered accordingly. (8) That 
all persons of general employ in the province shall reside in town. 
The House thinks that such restriction will hinder capable men 
from accepting employment. (9) That, in view of the danger from 
foreign Indians, two men be added to the party of rangers. Agreed 
to. (10) That an order be passed for certain strange Indians now 
among the Piscattaways to come down to the fort. Agreed that 
Colonel Beal carry the order. (11) That the school law be altered, 
that the King be made supreme patron of the school and the Bishop 
of London Chancellor, that the King be asked to appoint Trustees 
and Guardians to act with those appointed by the province, and 
that the school be called King William's School. 

July 3. Bill for Religion read a first time. Moved that the King be 
addressed as to the subject of navigation bonds. Message to the 
Council, deprecating any alteration to the Act for free schools, 
which is so long and has been so widely published. Order for 
William Bladen to be paid from the tobacco levied in Anne Arundel 
County. Journal of the Committee of Accounts approved. The 
House resolved itself into a grand committee to confer with the 
Governor and Council. After conference, the following proposals 
and information were made to the Indians ; that the Pamunkeys, 
Chopticoes and Mattawomans must live with the Emperor of 
Piscattaway w : hile the war lasts ; that all who refuse to do so after 
the harvest shall be reckoned enemies ; that they must hold no 
correspondence with strange Indians without giving notice to the 
Government and receiving its consent ; that rather than give up 
the garrison on the Potomac the Governor will reside there himself 
with five hundred men ; that the Indians must not wander outside 
the bounds of the garrison without leave of the commander, lest in 
this time of war they he mistaken for enemies ; that though they 
shall live under the Emperor of Piscattaway while the war lasts, 
they shall retain their royalties and return to their own homes as 
soon as the war is over ; that they live amicably and in obedience 
to the Emperor ; that the Indians on the branches of the Potomac 
had been sent to, and if they refuse to come and live under the 
Emperor or leave the province, the Governor will go up himself and 
rout them ; that they shall not entertain the Anacostaii King, but 
deliver him to the English, who will give a reward for him ; that 
they may sell their lands to the English if they will, but that they 
had better do so before a magistrate, so that they be not cheated. 
To all of this the Emperor agreed. The Governor then told them 
that in a few days an Indian would be tried for his life, and asked what 
they had to say for him. They said that they would say nothing 
for him, but pleaded for a younger Indian who was likewise accused 
of murder. The Governor then said that the young Indian should 
be liberated if they would pledge themselves to his good behaviour ; 
which they did, and the Indian was then delivered to them. The 
Indians were then dismissed, with the exception of those required 
as witnesses in the coming trial. 



30 COLONIAL PAPERS. 



1696. 

July 4. Bill for Religion read a second time and sent up to Council. 
Resolved to send an address of thanks to the Privy Council for their 
care of the province. The Governor recommended to the House to 
consider the letter of the Governor of New York, saying that if they 
would send him any more money he would advance the same ; he 
also acquainted the House that if they thought fit to pass the Act of 
Religion as proposed he would bear the expense of the same. Bill to 
settle the fees of the Clerk of Council read a first time. Supple- 
menting Bill to the Act to impose a duty on officers read twice and 
sent to Council. In the matter of New York the House thanked the 
Governor for his generous offer, but seeing how incapable they were 
fit present of repaying him and that they had already paid to New 
York more than 130 above the contribution required by the King, 
they felt under no obligation to contribute more. [America and 
West Indies. 557. Xo. 15.] 

July 1. 68. Minutes of Council of Maryland in Assembly. The 

Burgesses attended, when the Governor made them a speech (see 
jiri'ci'iUnn almtract) recommending in particular an address of thanks 
to the King for relieving them of the quota, and acquainting them 
that he had sent home the grievances formulated last session. 

July 2. Sundry proposals were sent down to the Burgesses and returned 

with answers : and the answers to the first nine of these were 
agreed to by the Council (wr preceding abstract). Message from 
the Burgesses as to the Indians in custody for murder. Order for 
the lawyers to report if Indians can be tried by English laws. 

July 3. The Burgesses and Council met in conference to meet the Indians, 

when the Governor made several proposals to them (see preceding 
(distract). Order for a special Court for trial of the Indians accused 
of murder (pp. 89-95). The Bill for Religion was received and read. 
Congratulatory address to the King approved and signed. The 
Chancellor's petition as to his fees referred to the Burgesses (p. 96). 

July 4. Proposed to the Burgesses that an ordinance pass to compel the 

justices of the County Courts to sit for twelve hours' in Court in 
summer and for eight hours in winter, and that the clerks record 
their compliance therewith. [Jioard <>/ Trade. Maryland, 14. 
]>]i. an cited'] . 

July 2. 69. Minutes of the Council of Massachusetts. Nathaniel 

Thomas sworn of the Council. Order for the 23rd of July to be 
kept as a day of fasting and prayer. [Board of Trade. New 
England, 49. pp. 32-33.] 

July 2. 70. Minutes of Council of Maryland. Order for the Justices 

of Somerset County Court to answer for their rejection of an 
allowance to a Militia Colonel for transport of arms and ammunition. 
Petitions received from two vestries read and orders given there- 
upon. Orders for building two chapels of ease in Dorchester County. 
Colonel John Addison was directed to go up the river to inspect the 
garrison and take any necessary precautions against the Indians. 

July 8. John Salter attended in the business of the leasing of Talbot 
County Court, and the Attorney-General was ordered to prosecute 
him for breach of his agreement. A deposition was given in, com- 
plaining that the rangers do not live beyond the settlements on the 



AMERICA AND WEST INDIES. 31 

1696. 

frontiers, as ordered, and that both parties of them had once been 
in at the same time. Captain John Oldston, one of the 
commanders, was admonished to amend this and to obey his 
instructions strictly, and, if his officers would not comply therewith, 
to obtain other officers in their place. 

July 4. Commission to the Emperor of Piscattaway to be Governor of all 

Indians within any part of the province on the Western Shore, read 
and approved. [Board of Trade. Maryland, 13. pp. 123-128.] 

July 8. 71. Journal of Council of Trade and Plantations. Order 

for an Order in Council to be prepared, in lieu of a warrant, for 
taking over the records of the Plantation Office. It was made a 
rule of the office that all officers employed therein shall attend con- 
stantly and diligently in person. Further inquiry and inspection 
was made as to the rooms designed for the office. Doorkeepers and 
messengers were appointed, and Jacob Tonson was appointed joint 
stationer with William Churchill. The Chancellor promised 
advance-money for incident charges. Mr. Charles Pilsworth's 
paper as to the plantations was received (.svv Em-lositrr Xo. 1, 
Aug. 20 post) and consideration thereof postponed. [Board of Trade, 
Journal, 9. pp. 9-11.] 

July 4. 72. Governor Sir William Beeston to Lords of Trade and 

Jamaica. Plantations. I had made up my letters and given my despatches 
to the Russell, galley, when at two on the morning of the 80th of 
June the master of the express-boat brought me your letters of 
10 May and 28 April. I venture to think that the former is mis- 
dated, as the ship left England on the 7th of May, and the matter 
of the latter seems to have been before that of 25 April. I had 
already received some information of the defeat of the plot against 
the King. A day of thanksgiving was solemnly kept for it, with 
bonfires, firing of cannon and all other expressions of joy that we 
could make. As soon as Captain Moses came in well banged from 
the coast of Hispaniola I sent a sloop thither, which returned on 
the 30th of June with a French prisoner, who relates that ships of 
war, some of them of eighty guns, were newly arrived from France, 
that they stayed at Petit Guavos but eight days and then went 
away fourteen sail (but he knows not whither, nor who is the com- 
mander), that they took none of the Island people with them and 
that it is a month since they sailed. Whether this be Mons. 
Renaut or not I cannot learn, but I am of opinion that, whoever 
they are, they are gone to bomb Carthagena, in hopes either to take 
the town by sudden surprise or to frighten the people out of a sum 
of money to save it. I fear it may be no hard attempt to take it, 
t6uching suddenly on a people not used to war, who never saw a 
bomb, and who are mostly made up of churchmen and a few worn- 
out old soldiers. The galleons also are now in the harbour, so that 
if they get the town they will get them also. When they return 
(unless they take and keep Carthagena) I expect them here, but 
have no apprehension of them in respect of the Island, though I 
fear they may bomb and destroy Port Royal, to avoid which I 
have given all the necessary orders that I can, and intend 
to lay the men-of-war so as, if possible, to prevent their 



82 COLONIAL PAPERS. 

1696. 

bomb-ketches coming within reach of the town. I have also 
ordered Colonel Knight to take the powder out of the magazine and 
distribute it in four or five parts of the town, so that it may not all 
be blown up at once, nor the fort be destroyed, nor the men be 
disheartened to stay there and defend it, for should the powder 
remain there and be fired it would destroy the fort and all in it. 
I have also given all necessary orders to the Colonels of Militia 
and to Major Montjoy, who commands what remains of Lilling- 
ston's Regiment, and I hope the French will not be able to prevail 
upon us in these parts of the Island, where what strength we have 
is near together ; but if for mischief's sake they fall on the out- 
parts, I cannot defend them on account of the long and difficult 
marches and the hazard of withdrawing forces from our place of 
strength and our stores of provisions and munitions. I beg, there- 
fore, that the King may know that nothing on my part shall be 
wanting for the preservation of the place, according to the numbers 
of men that we have, which are much beneath what this great 
Island deserves for its defence. I am in hopes of giving a good 
account of the place if they should attempt us, but these continued 
assaults are a vast charge, and, without assistance, will weary the 
people and make them think of removing. I hear from England 
that some malicious persons have made very unjust complaints of 
me, without cause or truth. I have desired Mr. Heathcote on my 
behalf to la}' my cause before you, and I beg your justice, to which 
I willingly refer myself, it being too uneasy and unhappy to serve the 
King at so great a distance, and that everyone who pleases should 
take the liberty to write what untruths they think fit with impunity. 
Mr. Brodrick can give you an account of everything. Signed, 
Wm. Beeston. Postscript, 5 July. We have advice that four large 
French ships were seen on about the '20 May going to Westward, 
below this Island, which may give reason to believe that they are 
gone to intercept the New Spain fleet or fall on Havana. They 
seem to be many and strong, and go to the rendezvous, wherever 
it be, two or three together. If they take that town, all the 
Spanish navigation and ours from the Island will be intercepted, 
and if they do fall on us with this great force, it will go hard with 
us unless we have assistance. I have this day prorogued the 
Assembly till September, proclaimed martial law and embargoed 
the port. 3 pp. A short abstract in attached. Endorsed, Read, 
5 Nov. 1696. Answd. 23 Nov. 1696. [Board of Trade. Jamaica, 8. 
Xo. 8 ; and 56. pp. 26-29.] 

July 5. 73. Governor Sir William Beeston to William Blathwayt. 
My letters were ready when the commander of the galley fell ill 
until the 30th of June, when two letters arrived from the Lords of 
Trade. We held a public thanksgiving for the deliverance of the 
King from the plot against him, and an address from the Council 
and Assembly to the King has been sent to England. As soon as I 
received the warning in the second letter from England as to French 
designs against us, I issued orders to all the Colonels. (Here are 
repeated the account of the measures taken for defence, the reports as 
to the French fleet, and his belief in its destination being Carthagena, 
almost in the same words as in the preceding abstract.) I have 



AMERICA AND WEST INDIES. 88 

1696. 

your letters of the 20th, 21st, and 28th of April. That from Mr. 
Clarke I have given to Montjoy, and they are signing the Associa- 
tion, as have the Council and Assembly, with great cheerfulness. 
I intend to send it to the several parishes, and doubt not of a hearty 
concurrence. Some few rotten members we have here, but not 
enough to do any harm. I have sent the accounts of all that I have 
received and paid about the subsistence to the Lords of the Treasury. 
I have credit enough for above a year more, besides the money that 
is in the Commissary's hands by the sale of sundry things. In all 
these matters I shall not fail to discharge my duty. If the King be 
satisfied with my services I shall think myself happy, whether he 
continue me here or command me home. I have just had news of 
the French fleet on the 20th of May. (lien: Hie postscript aireii in 
tin' ]>recedin<i abstract is repeated.) I have prorogued the Assembly 
to September next. By persuasion and patience I have at last 
obtained of them to appropriate the additional duties on imported 
wines and exported negroes to the revenue, but could not prevail 
for an equivalent bill for the revenue to that made in the Duke of 
Albemarle's time. They still think that because it is perpetual and 
they desire it may only be temporary, the King will not assent to it, 
but' when once that is done they will add to the revenue to get it 
repealed again. The Acts and other papers shall be sent by the 
next opportunity. I have proclaimed martial law and embargoed the 
port, but there is no occasion for me to detain the express to 
England. Sif/ned, Wm. Beeston. 2 ]>p. Endorsed, Read 5 Nov. 

1696. Answd. 23 Nov. 1696. .1 short abstract in attached. [Hoard 
of Trade. Jamaica, 8. No. 9 ; and 56. pp. 80-33.] 

July 6. 74. Council and Burgesses of Maryland to Lords of Trade 

Maryland. an( | Plantations. All the papers sent to the Governor as to the 
wicked and traitorous conspiracy against the King have been laid 
before us, and we have made our solemn public thanksgiving for his 
deliverance. We thank you for the speedy and effectual preparation 
made for our defence and security against foreign enemies, and for 
your true relation of the King's deliverance to prevent mistakes and 
errors, which are too commonly brought to us at this distance. 
Though the general embargo laid on ships was a very great impedi- 
ment to the trade of this province, yet we very cheerfully submit 
to it, since the ships and mariners might so immediately conduce to 
the King's service. We beg you to lay our humble addresses, here- 
in enclosed, before the King. Sir/ncd, on behalf of the Council, 
Hen. Jowles, Chancellor ; on behalf of the House of Burgesses, 
Kenelm Cheseldyn, Speaker. 1 p. Endorsed. Reed. 21 June, 

1697. Read 7 July, 1697. [Board of Trade. Maryland, 3. No. 5 ; 
and 9. pp. 48-49.] 

[July 6.] 75. Enclosures sent with the foregoing letter. 

75. i. Address of the House of Burgesses of Maryland to the 
King. Thanking him for exempting the Province from 
providing a quota of men for defence of New York, 
in consideration of her contribution in money; .represent- 
ing that the sums so given were all that the Province 
could possibly afford ; and begging to be exempted from 
further payment towards the support of New York, the 

28181 C 



34 COLONIAL PAPERS. 

1696. 

frontiers of Maryland being threatened by increasing 
danger. Sifjned, Kenelm Cbeseldyn, Speaker, and by 
forty-four more. Large paqe. Endorsed. Eecd. from 
Mr. Povey, 10 Aug. 1697. ' Read 18th. [This address 
is entered in Board of Trade. Maryland, 9. p. 71.] 
75. n. Address of the Council and Burgesses of Maryland to 
the King. We are certainly informed that when you 
sent Governor Copley to Maryland you instructed him 
to apply one-fourth of the shilling per hogshead duty to 
the supplying the province with arms and munitions of 
war ; but he, not making us aware of this, applied the 
whole of it to his particular use. As he has left landed 
estate in Maryland we beg that this estate may answer 
to you for the fourth part aforesaid and that the money 
may be applied to our defence according to your instruc- 
tions. Forty -eight signatures. Large sheet. Endorsed, 
Reed. 29 Aug. ' 1696. Read 31st. [Board oj Trade. 
Maryland, 3. AVs. 5 i., n.] 

July 6. 76. Journal of Council of Trade and Plantations. A 
necessary woman for the office was appointed. Order for the 
Chancellor of the Exchequer to be reminded as to the advance- 
money required. On Mr. Pilsworth's paper, it was ordered that a 
representation be made to the Lords Justices of the importance of 
the subject and of the inability of the Council, just at present, to 
deal fully with it. 

July 7. The representation aforesaid was signed. Further consideration 
of the rooms of the office. [Board of Trade. Journal, 9. pp. 11-12.] 

July 6. 77. Minutes of Council of Maryland. Captain Oldston attended 

and denied the truth of the allegations against his rangers. 

July 7. Captain Oldston handed in a paper saying that Thomas Roberts, 

his Lieutenant, was unfit for his place, and asking for Tobias Scar- 
burgh to be appointed in his place. Order for the paper to be sent 
to Roberts for his reply. Order for arms and ammunition to be 
delivered to Colonel Niuian Beal. Order for a return of all persons 
married without licence since the Governor's arrival, also for the 
Colonels of the frontier-counties to keep their militia always in 
readiness for service. 

July 9. Order for the quarter-part of the shilling per hogshead duty 
collected this year to be applied to the repair and fixing of arms. 
Order for the accounts of shipping to be prepared, for transmission 
to England. Order for all the Colonels to see to the repair of their 
arms and to the exchanging of their old powder for new, and that 
the Collectors tell the Captains of the King's ships that it will be a 
kindness to the province if they will make such exchange. Reprieve 
granted to Ann Smith, under sentence for murder. A petition of 
Thomas Tench, that certain rigging on board his ship now under 
seizure may be restored to him, was considered and granted 
conditionally. 

July 10. On the information of Matthew Scarburgh as to an illegally 
trading vessel from Philadelphia, Colonel David Brown, the Naval 
officer and the Collector were ordered to enquire into the matter, 
and to appoint an officer to be in charge of the inlet where she was 



AMERICA AND WEST INDIES. 35 

1696. 

seen, if they think expedient. List of the Justices of the newly 
divided Counties ; and order for their commissions to be issued. 
On the petition of Henry Denton orders were given for the pay- 
ment to him of an annual allowance of 6,000 Ibs. of tobacco as Clerk 
of Council. [Board of Trade. Maryland, 13. pp. 126-137.] 

L July 10.] 78. Duplicate copy of Minutes of Council of Maryland, 1st to 
10th of July. 13 pp. [America and West Indies. 557. No. 14.] 

July 6. 79. Journal of House of Burgesses of Maryland. Bill for 
Religion sent up to the Council. Bills for free schools and for 
revival of temporary Acts read three times and sent up to Council. 
Bills for keeping the Sabbath, for the Clerk of Council's fees, and 
to supplement the Act for a duty on offices, received from the 
Council. Resolved to address the King to thank him for the dis- 
engaging the province from contributing to the assistance of New 
York. In reply to a question of the Governor whether Papists 
should be secured, the House answered that like himself they appre- 
hended no damage from them. Several of the new members 
contributed subscriptions to the free school. Mr. Anthony Workman 
gave '150 to the building of a house on a lot which the Governor 
had already given, and '10 towards building the said house, to be 
enjoyed by him for his life, and afterwards to pass to the school. 
He promised also to keep all the improvements on the said lot in 
good repair. 

July 7. The Bill for Religion debated. Message to the Governor, 
acquainting him that they could not agree with the alteration which 
he desired therein, and desiring that the bill might be deferred to 
another Assembly. On the petition of the inhabitants of Dorchester, 
it was resolved to repeal the Act against striking fish in that County. 
Agreed to a proposal of the Governor that a place be made in the 
State-house for the King's picture. 

July 8. Th e Bill for Religion debated. Message to the Governor asking 
for a reply to the message of yesterday and assuring him that all 
that has been done therein has been in honesty of heart and for the 
service of God, the King and the Country. Committee appointed to 
inspect the laws of the province. Message from the Governor, that, 
since the Burgesses require more time to consider the Bill for 
Religion, he begs that they will despatch the other business before 
them. Several members, justices of the provincial Court, appointed 
to apportion the public levy. The Treasurer for the Eastern Shore 
reported that he had 12,200 Ibs. of tobacco in hand from the duty 
on public offices. Bill to repeal the Act against striking fish in 
Dorchester County read thrice. 2,000 Ibs. of tobacco granted to 
William Bladen for his services to the beginning of this session. 
Bill for assessing the public charge of the province read three times. 
The Speaker and the House attended the Governor, when the follow- 
ing bills were assented to. Supplementary bill to the Act for 
raising a supply, bill against profane swearing, bill to revive tem- 
porary laws, bill to repeal the Act as to fish in Dorchester County, 
bill for assessing the public charge. The Governor than said that 
he was sorry they would not agree to pass the Act for Religion, but 
that he understood that the King would not assent to an Act 
containing two things of different nature as this did, namely, 



COLONIAL PAPERS. 

1696. 

spiritual and temporal things. If the bfll were passed as it stood, 
thnj wrald have to carry their causes to Westminster HalL 
He* hoped that none wooid doubt the King's justice, who was 
ssfll fighting for their cause. For himself, he desired die 
Burgesses to speak freely if he had infringed any of their privileges, 
and advised than, if they thought that farther confirmation thereof 
was needed, to address 'the King for a declaratory Act, which he 
would use his interest to procure. He admitted that they had made 
many good laws, hot if the Act for Religion were unfinished, their 
work was imperfect. He then prorogued them till to-morrow. 
July 9. The House Tailed on die Governor, who made them a speech to 
the same effect as yesterday's on the Bill for Religion, telling them 
that the inclusion of the words " fundamental laws of the Kingdom 
of England " would make them carry all their causes to Westminster 
HalL He added that he would be willing to further an Act 
declaring their rights and privileges. The Burgesses then returned, 
and appointed a Committ** to draw up reasons for and against 
passing the bilL The following message was then sent up to the 
Governor. We have again considered the Bill for Religion, and 
while earnestly desirous of forwarding the same from our duty to 
God and the Kimr. we cannot he altogether unmindful of our rights 
and liberties. We deprecate all misunderstanding between ourselves 
and the Governor, and to find a middle way have substituted the 
rords " la -x~ and statutes of England" for "fundamental laws of 
England." We have no fear of infringement of our liberties by the 
King or the Governor, acknowledging the fairness and freedom of 
his administration. We believe ourselves entitled to all the 
privileges of free-born British subjects ; we believe that the King 
has exposed his royal person to danger for preservation of those 
privileges : and we doubt not that the King will willingly confirm 
them. We rest the inclusion of the present clause in the Act for 
Religion on the following grounds: d) The privileges of Church 
and subject are granted together in King Henry's Great Charter, 
and also 1 2) in Lord Baltimore's Charter for the seating of Maryland, 
and also (3) in the first Act passed here after King William took the 
Government into his hands. Mftnayt eml. Resolved to add to 
the said bill the words " in all matters and causes where the law 
of the province are .silent." Message to the Governor. Your last 
messenger brought us a caution to explain the words " laws and 
statutes of England," and we have added words for the purpose. 
July 10. Message from the Governor recommending the addition of the 
words ' in this His Majesty's province of Maryland." Resolved 
that letters be written to the" Archbishop of Canterbury, the Bishop 
of London, Mr. Blatbwayt and Mr. Povey. The Bill for" Religion was 
sent up to Council, and, the House attending, the Governor gave 
his assent thereto. The Governor then prorogued the Assembly to 
the 16th of September, the fleet being not yet arrived. [A merica 
an ft Went In/lit 9. 557. AV>. 15.] 

July 6. 80. Minutes of Council of Maryland in Assembly. Proposed 
by the Governor to the Burgesses to send further assistance 
to New York, he being ready to advance the money. Message from 



AMERICA AXD WEST IXDIES. 

1696. 

the Governor to the Burgesses' reply as to Ac 'g and dis- 

arming of Papists (*ee pntaBmf aittrmtfj. 
July 7. Message from the Hurgi'aui ae to the Act of TM^fr" <*r prx- 

etdimg atxttrarti. A menage preyaied in reply. 
July 8. Message baa the Barcesse* that they think the proposed order, 

as to the boon of string in County Court.--. mmeeeMary p. 95>. 

Answer of the Burgmayg respecting a.-i*tanee to Xe-v York \p. !/7>. 

The Bill for Religion amended and returned tf> the Bqn:o-i <..- 

Exehange of messages as to the said bill '*" i-r >.;',, **...- . 
July 9. Further me mages eirhangfed a? v> ihe Bui for KtiizioYi ;- - 

prtrfd'mg ahstrart). The Governor required a eeraiKr from. tLe 

lawyers in die Lover House, thai there wa notiin^ in Ae fcill ^iiitr 

which any person, in a ea^e of .'"/ and f*w coiil<I rtm-ove LL? 

eane to Westminster; which wa.-? given. 

July 10. The Act for ReHgion was a=rnteil :o an-1 7hK_A=eiz.r..Iv proriCja 
ot Tndt. Marland. 14. i , . <J>-l(f7~ 



July 10.] 81- Authenticated epy of the IAT- pa^eii 

of Marykn'l from 1 '> 10 Jolv. 19 rp. '.I ->.T\,:I tn-i Wt*r. 
India. 557. -V>. 16.~ 



July 7. 82. Council of Tracts an-i 

of England. A paper relatms *o iLe prestrn; r^Air :i iLe N 
Colonies in America was laid before u^ by the Ink^ :i S:ireTrsc 
at our last mating, vhiefa we ji'tze to K of sich. 
in the unsettled state of oar oiee we lay i; c^K-re yoi -iirtiet. 
paperut ftsitiir* *itt I* f.*m,l marjtr !'> iSii A*-_;iu~ -V . a. 
\B"*rd r Trade. Plantations GeneraL 34. r. ll/ 



83. James Yernon to the Coonefl c-f Traic an-I 

". L--_. . : ...... . - - 



BosseD, for their report t* -V->. 47. S*r>i. Ja. Vem-:c.. i D. 
Read 10 July. ~.B-j/-.i ..r 7>*j/. Brhado&7. .V. 4: 
>. 1. 



July 9. 84. Mmates of Council of Ift 
the capture of KAI.S. Xewp:>n. orde 

._ ::~ .::" 



sent express to Pemaqoid Fort to give mtfWiffHrr of the eajtaie 
of HJLS. Newport and of the French ships of war being gone to 
St. Johns River. OrbWred accordingly, and that forty men t* des- 
patched to reinforce York. Khxery and Wefti. [Bacrrf *f Trmdt. 

New England. 49. /.p. 33-34 / 

July 10. 85- Journal of Counefl of Trade and FlamatiaBS. The 

: - :- ^ '.'.'.'.'.''-..:-'-'.- ~ - - 

IK. _ mm ^^ jffc __ _ * __ jf*_ _ ,^^^C ^HB^K^^K^-^Lfll U^^^tJw^^il w^uw^A ~^uTw* 

cbe matter of tne rooms far toe oAee reported, uesoiw* tnas JUT. 
Bridges's oaemorial, as to Governor Basseirs reouesft to be aDowd 
to accept a pteamt from the Barbados AsBeaahry, be the MoiucsB 

tobemadeastonnaandpapermanmuctaresmdieKmeiaB^aad 
as to impoits from Sweden and Denmark. [Btoavwi f Trmie. 
Jomnul,9. pf. 1S-14/ 



38 COLONIAL PAPERS. 



1696. 

July 11. 86. 'Minutes of Council of Nevis. The newly elected 
Assembly was sworn, and James Bevon approved as Speaker. The 
Association was signed by the Council and Assembly. The work of 
a joint Committee in drawing up articles of war was suspended 
for the present by the Council. [Board of Trade. Leeward 
Islands, 64. pp. 352-353.] 

July 11. 87. Minutes of Assembly of Nevis. ' The Assembly being 
sworn chose James Bevon for their Speaker. The Council refusing 
to swear certain members as not duly elected, the House passed 
resolutions that they, whose privilege it was to try such matters, 
decided that they were duly elected. The Council rejoined that 
one member, Walter Hamilton, was not qualified to sit in the 
Assembly. The Assembly retorted that he and two other members, 
also objected to, were qualified and ought to be sworn. The Council 
refused to give any further reply ; but proposed a joint Committee 
to draw up articles of war. The Assembly declined to enter on 
such business till the three members were sworn. [Board of Trade. 
Leeward Islands, 64. pp. 373-376.] 

July 13. 88. Governor Fletcher to William Blathwayt. I have sent 
New York, you two large packets by the ships of war that were to sail 
from "\ irginia at the beginning of this month, enclosing the 
Association signed by all the inhabitants of New York. Those from 
the Counties are not yet finished. There is likewise an address of 
congratulation from the Council, who were very hearty to join with 
me in appointing a day of thanksgiving. Duplicates have been 
sent of several documents that were lost. By the supply given by 
the Assembly I am able to recruit the companies for one year, 
which if continued from year to year will save the sending of 
recruits from England. I have only the three companies to depend 
on, not having procured a man from the neighbouring Colonies, 
though 500 men is in my opinion the smallest number requisite to 
secure the frontier. The vessel sent from Plymouth with the Royal 
orders is taken on this coast and the packet sunk, which is a great 
trouble to me. By chance letters from private friends I understand 
Mr. Livingston has exhibited an information against me. I know 
no particulars, but I hope that he will not be credited till I be heard. 
I have the Council and all the honest men in the Government ready 
to vouch for my behaviour since I came among them. I never 
meddled with a farthing of public money nor disposed of it without 
advice of Council. His brother-in-law, Colonel Van Cortlaudt, is 
ready to testify that I owed him not a farthing when he left the 
place. I have several times advanced him money for victualling 
the companies before it was due, particularly at parting. Some 
public money that was raised by an additional duty for payment of 
debts contracted before my arrival were made use of by advice of 
the Council to answer some emergencies, as the expense of an 
expedition to the frontiers in February, 1694, when the French had 
invaded our Indian Country and burned their castles, etc. The 
Assembly now in these last sessions have taken care to refund the 
money by continuing the same duty. It is to be seen under his hand 
that if every Governor had paid him as well as I, it had been 1,000 
in his way. I hope that Mr. Brooke and Mr. Nicolls are come to 



AMERICA AND WEST INDIES. 



39 



1696. 



July 13. 



July 13. 



July 14. 

Annopolis, 
Maryland. 



[July 14.] 
Philadelphia. 



England. They can vindicate me against anything objected 
against me in this province. Signed, Ben. Fletcher. 2J pp. 
Endorsed, Reed, and read 30 Nov., 1696. Answered 1 Feb., 
1696-7. [Board of Trade. New York, 6. No. 46; and 52. pp. 
40-41.] 

89. Journal of Council of Trade and Plantations. Mr. 
Bridges attended upon the matter of Governor Russell's present, 
and gave an account of the origin of such presents. 

Petition of William Bowtell and Thomas Wenbron read, on the 
privilege whereby John Lear, of the Council of Jamaica, evaded his 
debts. Mr. Edmund Chilton was ordered to attend next meeting 
on the subject. [Board of Trade. Journal, 9. j>j>. 14-1G.] 

90. Minutes of Council of Massachusetts. This day were 
read letters from the Lords Justices of England for the confirmation 
or disallowance of the Acts of 1692, and from the Privy Council 
stating the reasons of such repeal. The Lieutenant-Governor 
reported that he had ordered forty men to reinforce the garrison at 
Pemaquid. Order for the members of Council in Middlesex and at 
Salem to attend next Council to be informed of the orders received 
from England. [Board of Trade. New England, 49. p. 34.] 

91. Governor Nicholson to Lords of Trade and Plantations. 
My last was of the 12th of June. The Assembly broke up 011 the 
10th inst., having addressed you on the 6th. I hope the address 
to the King and an Association being included in it will be approved 
by you, and that you will lay them before the King. I have ordered 
in Council that it shall be signed by the Provincial Court and grand 
jury of the province, by the justices, sheriffs and grand jury of every 
county, and by the militia officers. We are all very quiet at present, 
though we have had rumours of foreign Indians. Though we have 
a pretty many papists, yet the Assembly conclude it to be for the 
King's service neither to secure nor to disarm them, so long as they 
live peaceably and submit to the present government. But if they 
should be so wicked and foolish as to do other ways I shall take care 
to secure them and proceed against them according to law. The 
two last years have been very fatal to people's stocks and the 
harvest very ordinary, insomuch that several people are in great 
want, but at present, thank God, there is some prospect of a good 
harvest. The crops of tobacco have been but indifferent, and the 
fleet's not coming has been a very great disappointment, but the 
King's consideration in giving the reason for the embargo has given 
great satisfaction, as also your order for the speedy despatch of the 
fleet. Signed, Fr. Nicholson. 1 p. Endorsed, Reed. 21 June, 1697 ; 
Read 7 July, 1697. A short precis is attached. [Board of Trade. 
Maryland, 3. No. 6 ; and 9. pp. 50-51.] 

92. Minute of Governor William Markham (?) as to certain 
transactions with the Indians. 25 June, 1696. Last night Captain 
Cock gave information that last night an Indian came from 
Quanestagua (where our Indians live that removed from Schuylkill), 
and told him that an Indian and his wife were surprised by twenty 

while working in their cornfield. The man was 



strange Indians 



40 COLONIAL PAPERS. 

1606. 



carried off and the woman scalped and sent back to inform her 
natives that they were Lavetawas (?) and would take all their men 
and scalp all their women. After the man was taken he called to 
his wife and said that he was a dead man, that he had a band of 
wampum which he had kept a long time, and bade her take it to 
the Pennsylvania!! Indians and warn them to be on their guard. 
About three days before this Indian came, seven Indians from the 
Mohawk Country came in from hunting. They asked the other 
Indians if any of them had been out, who answered them, None. 
They said again that as they came down Suscpaehanna, about a day's 
journey off, they saw on shore a birchen canoe cut in pieces, and 
on going ashore found several bear-skins torn to pieces by wolves, 
and bear-grease spilled up and down, which made them conclude 
some had been killed. They searched about in the woods, but 
found none, though they observed several late footings that went 
several ways. About twelve miles lower down they again went 
ashore to boil the pot, when a little boy spied a strange Indian in 
the wood and ran to tell them what he had seen. They at once got 
into their canoe and paddled into the middle of the river, when 
they heard and saw several on both sides of the river. They did 
not go ashore again till they reached Quanestagua. The Kings 
then sent out Indians to give warning and enquire what Indians 
were missing, and iinding three missing that belonged to the 
iSchuylkill and went hunting, they concluded that they were killed. 
The Kings by their messengers desire that the Indians and Chris- 
tians will open their eyes in time. 

This narrative being given me by Captain Cock I sent for the 
most eminent men near at hand to advise with them. Having 
read it to them, I asked them to send for any in town whom they 
thought tit to advise with them, and sent for the Indian. On the 
next day, 26 June, the Indian appeared and confirmed Captain 
Cock's narrative, when it was resolved to send a messenger to 
Quanestagua, and Captain Cock was accordingly despatched. 

On the 14th of July he returned the following account in writing. 
This day week we arrived at Quanestagua and were made very 
welcome by the Indians, who said that they were glad that the 
Governor took so early notice of their message. I told them that 
the Governor had sent me and gave them the belt of wampum 
which he had given to me as a present for them. Fifteen of the 
Schuylkill Indians were with me. One of them, on behalf of the 
chief King, who stayed at home, stood up and said : We thank 
you for sending us warning of our danger, and are come to assist 
you. We are still cousins, though we live further apart than we used. 
We are all brothers, and our Governor is William Penn's cousin and 
our head. Another Indian then spoke in the like manner on behalf 
of another king of the Schuylkill Indians. As we had done speaking 
the Susquehanna Indians rose up all together, and in a great shout 
cried " Very good, very good." They then sat in council for a 
little while, after which one rose up and said : " In the fall of the 
leaf we think some of us to come and see the Governor." They 
then stroked us and said, " We are very glad, very glad, very 
glad. We see now that what Thomas Lloyd said is true, that the 
Christians are the same in friendship now as then." The facts as 



AMERICA AND WEST INDIES. 41 

1696. 

to the scalping of the woman and carrying off of the man are true, 
but he planted alone, forty miles from any other Indian. 4 pp. 
[America and West Indies. 599. No. 26.] 

July 15. 93. -Journal of Council of Trade and Plantations. Mr. 
Edward Randolph, attending, declared himself unable to give any 
information as to the privilege of Councillors in Virginia. Mr. 
Chilton confirmed the information as to the immunity of Councillors 
in Virginia from all action or process at law. Ordered that Mr. 
Bowtell shall, if he can, bring Colonel Hartwell to give further 
information on the subject. [Board <>/ Trad/'. Journal, 9. pp. 16- 
18.] 

July 15. 94. Minutes of Council of Massachusetts. The Orders in 
Council as to the confirmation and disallowance of the laws passed 
in 1692 were read. Order for notification of the repeal of the dis- 
allowed Acts to be made to the justices. Order for two good sailing 
shallops to be hired and fitted as scouts to cruise for six weeks and 
give warning of any French ships of war on the coast. Order 
for a Committee to take account of bills in the Treasurer's 
hands, as ordered on the 30th of April last. Orders for payment 
of ,t300 to the Lieutenant Governor, and of t250 to the 
Treasurer, for their salaries for last year, and of .204 to John 
Walley, be having over-charged himself with that sum by 
miscast of his accounts. [Board <>f 'Trade. New England, 49. 
pp. 35-88.] 

July 16. 95. Minutes of Council and Assembly of Antigua. At the 
Governor's request, quarters were appointed for some recruits of 
Holt's regiment. The Assembly sent two messages desiring that a 
copy of the Act for the Marshal and Secretary to give security may 
be furnished to their clerk, to be sent home. A reward granted by 
the Assembly for a capture of Indians was approved. The Governor 
desiring the Assembly to furnish its quota of sugar for the Agents, 
the Assembly answered that they would postpone it until the 
meeting of the General Assembly. 

July 17. The Governor agreed to a proposal of the Assembly as 
to care of the wounded and disposal of French prisoners. 
Orders for payments. [Hoard or Trade.. Leeward Islands, 64. 
pp. 177-179.] 

July 20. 96. Affidavit of Richard Thompson. That the copies of 
Mr. Burchett's letter of 18 January, 1695, and of its enclosure 
are correct, and that he was appointed store-keeper and 
muster-master in Jamaica by Commodore Wilmot. J p. [Board 
q/ Trade. Jamaica, 8. No. 10.] 

July 20. 97. Minutes of Council of Jamaica. The Governor repre- 
sented to the Council the present state of the Island and required 
their advice thereon. The Council adjourned to consider. 

July 21. The Council gave their advice as follows. Yesterday your honour 
laid before us the following statement. By the muster rolls of 
August, 1695, there were men in the Island as follows: 



42 COLONIAL PAPERS. 

1696. 

Regiment of St. Catherine's - 523. There are now - 350 

Port Royal - 530. - 200 
,, ,, St. Andrews and 

Kingston - 385. - 200 
,, ,, Clarendon and 

Vere - - 375. ., - 200 

., St. Elizabeth's - 248. - 200 
,, ,, St. Thomas and 

St. David's - . 77. - 30 

North side (estimated) - - 100. Now scarce - 60 

Regiment of horse - - 202. - 150 



Total - 2,440. 1,390 

So that in one year we seeni to be reduced by 1,050 men. 
Moreover all our privateers and seamen (who were a great guard 
and strength to the Island) have left us, and most of this 
has happened by the harassing and ill-using of the men-of-war, 
who have frightened away not only our own people but also those 
of the Northern Colonies from bringing us provisions. If the 
Island decay at this rate, it is not hard to guess what must soon 
become of it. I ask your opinion what is to be done to stop this 
ruin, and in what manner to represent our decaying condition to 
the King. 

In reply hereto, we represent as follows. In our opinion the 
Island is in a dangerous condition, and not less than 1,500 meii 
more will be sufficient to defend it against a foreign enemy or secure 
it from a domestic one if the slaves should make any attempt, for 
the Island is fifty miles broad and two hundred miles long, and the 
slaves number close on forty thousand. As to the frigates, we 
concur with you, and can see no remedy unless the King will entrust 
you with the same powers as former Governors have had over 
men-of-war, and sufficient men be sent from England from time to 
time to recruit them, so that there shall be no necessity for 
impressment in Jamaica. The French King has augmented his 
forces on Hispaniola alike by men sent out of France and by the 
inhabitants of other Islands whom he has lately transported thither. 
He has also in the Indies at present (as we are informed) eight 
men-of-war besides store-ships and fire-ships, and there is advice of 
fourteen more suddenly expected, so that we conceive the Island to 
be in greater danger now than at any time during the war, and we 
beg you to represent the same to the King. Signed, John Bourden, 
Pe. Beckford, Peter Heywood, Nicholas Lawes, Richd. Lloyd, Henry 
Lowe, Tho. Ayscough, Richd. Dawkins. 1 J pp. Endorsed : Reed, 
from Mr. Vernon, 1 Dec. Read 2 Dec., 1696. [Board of Trade. 
Jamaica, 8. A 7 o. 11 ; and 79. pp. 10-12.] 

July 22. 98. Journal of Council of Trade and Plantations. The 
proposals of Sir Matthew Dudley and others as to mines and naval 
stores in New England read. Order for Sir Henry Ashurst and 
Sir Stephen Evans to attend next meeting on the subject. [Board 
of Trade. Journal, 9. p. 20.] 

[July 22.] 99. The case of Sir Matthew Dudley and Company for 
working mines and producing naval stores in New England. In 



AMEEICA AND WEST INDIES. 43 

1696. 

March, 1687, certain inhabitants of New England came- over to 
England with specimens of ore ; and several merchants subscribed 
.100,000 to work the mines. In August, 1688, an Order in Council 
was passed for a Patent to the subscribers, which was prevented 
from passing the great seal by the Revolution. In March, 1691, an 
Order in Council was passed for incorporation of Sir Matthew 
Dudley and Company, and in July, 1692, order was given for 
preparing Letters Patent for them. In May, 1693, heads of incor- 
poration were submitted, and approved by the Attorney-General, 
who specially reported that he saw no means whereby the charter 
could be injurious to the New England provinces. The matter was 
then referred to the Treasury, who, on the solicitation of the New 
England Agents, recommended that the Government of Massachu- 
setts should be consulted before the charter was passed. In 
January, 1694, the Company again put forward proposals, agreeably 
to a new order, which proposals were approved by the Naval 
authorities and again passed by the Attorney-General as no in- 
terference with the New England provinces. After two months of 
attendance for a favourable issue, an order was made, on the motion 
of Sir H. Ashurst and Sir Stephen Evans, that they should bring a 
shipload of naval stores within one year ; who within eighteen 
months brought one small ship half laden, but since have wholly 
declined the \_icnrd lost] . Sir Matthew Dudley and Company are 
now before your Lordships to receive such encouragement as you 
think meet, but we beg you to consider how great our expenses have 
been, and that the privileges for which they ask will be no injury to 
the Colonies but rather the contrary, since they will colonise and 
plant those parts that are most subject to the depredations of the 
French. Tiro lari/e sheets, somewhat damaged. Endorsed, Read 
22 July, 1696. Annexed, 

99. i. Computations of the naval stores which Sir Matthew- 

Dudley and Company undertook to supply in 1693. 
Endorsed, Read '22 July, 1696. Large sheet. {Board of 
Trade. New England, 8. Nos. 14,14i.; and 36. pp. 1-8.] 

July 22. 100. William Lowndes to William Popple. Forwarding 
Treasury extract from a presentment of the Commissioners of Customs for 
ers ' the report of the Council of Trade. Signed, Wm. Lowndes. ' J p. 
Endorsed, Read 24 July, 1696. Annexed, 

100. i. Extract from a presentment of the Commissioners of 

Customs to the Treasury, 17 July, 1696. Experience 
having shown that through the remissness or connivance 
of the Governors the Acts of Trade and Navigation are 
not enforced in the Proprietary Colonies, we desire 
that the Governors of the Proprieties may be men of 
reputation and estate and otherwise qualified for their 
trusts, it being laid down by a clause in the Act for 
regulating the Plantation trade that they shall be 
approved by the King and obliged to take the oaths 
enjoined on the King's Governors before entrance 
on their offices. Copy. 1 p. [Board of Trade. 
Plantations General, 4. A's. 2, 2i. ; and 34. pp. 
18-20.] 



44 COLONIAL PAPERS. 



1696. 

July 22. 101. Governor Sir William Beeston to Lords of Trade and 
Jamaica. Plantations. On the supposition that the French preparations 
might be designed against this Island I have put it into the best 
posture of defence that I could. I then made particular enquiry 
into our strength, and to my great surprise found that not only our 
privateers and seamen had left us but also that about a thousand of 
our Island people were wanting, by death and departure to other 
places. This I presently laid before the Council, with the result 
which I have enclosed to the Duke of Shrewsbury. The occasion 
of these defections of the people are the frequent depreciations of 
the French on the out-parts of the Island, where, there being no 
strength to repel them, few weeks pass without the robbing and 
burning of houses in some of the remote settlements. Another 
reason is the frequent occasion of martial law, by which the ordinary 
people are kept at duty instead of being at work to earn their bread, 
which makes them retire to the Northern Colonies for greater quiet 
and ease. The privateers and seamen have left us because the 
men-of-war press and harass them so that they run away as fast as 
they can, and, even though they venture their lives by swimming 
from the ships, they get out of the country to other parts. This 
also is the reason that 110 vessels come to us with provisions or 
other necessaries from the Northern Colonies, and as there are no 
settled orders here to direct them, they do what they please. The 
Commissioners of the Navy have also forbidden Mr. Thompson 
(who was put in by the Lords of the Admiralty) to act any more, 
yet no one is appointed in his room, and now the ships will want 
. necessaries and provisions, and there is nobody to furnish them. 
The merchants will not furnish money, lest on these contradictory 
orders the bills be not paid. The papers relating hereto I now 
send to Mr. Blathwayt, but what to do with the ships I know not, 
for, the Assiento and all other trade being gone, the merchants 
have little money and I have none, my allowance not nearly bear- 
ing my expenses. The Hampshire has been here near two years, 
and neither men, stores, nor provisions have been sent her, by 
which she is near spoiled, and yet I dare not send her home lest we 
should want her. If ships came oftener and returned, they would 
both convoy the merchant-ships out and home, return without 
victualling or expense here and save the King much money. Now 
they are of great expense and little flse, because they are never 
fully manned and seldom in order. These many discouragements 
and the want of recruits make the people think that they are not 
regarded, and now the more so because, though it was thought in 
England that the French were designed hither, yet not so much as 
the few merchant-ships, that were expected here last Christmas, 
have arrived, so that they want everything, and also ships to buy 
and carry away their produce. The private Colonies also entice 
our people away daily, telling them of living there easy and quiet ; 
and there also are the privateers and Red Sea pirates entertained, 
by which means they fill, while the King's own Colonies dwindle to 
nothing. These are such truths that I think I should be justly 
blamed for neglect of duty if I did not state them ; and unless some 
speedy course be taken to encourage and assist the place, it must 
sink. I beg you to consider the size, produce, and importance of 



AMERICA AND WEST INDIES. 45 

1696. 

the Island. Wherever the French designs may lie, it is to leeward 
of Jamaica, so that I hope we have no great cause to fear them in 
this expedition ; hut if ever they design here, the few men litre 
cannot reasonably he thought capable of defending so large a place, 
nor will those stay to do it that can go off', unless they see assistance 
Kent them, Hi</ned, Win. Beeston. Holograph. 2pp. Endorsed, 
Reed, and read 24 Nov., 169(5. Answd. 12 Feb., 1696-7. A short 
abstract in attached. [Hoard of Trade. Jamaica, 8. No. 12; and 
56. pp. 41-43.] 

July 22. 102. Governor Sir William Beeston to the Duke of Shrews- 
Jamaica. i )U1 .y. My i as t was by tne R usse n ) galley, which sailed on the 
8th inst. and on the same day the Rose, galley, brought me yours 
of the 8th of December. On the advice of the French designs I put 
the country under martial law, and into the best posture of defence 
that I could, but on looking into the numbers 1 found a great 
defection in a short time, which highly concerned me. I called the 
Council and laid the state of the Island before them, with the 
result that I now forward to you. It is not fitting to lie ventured 
lest it should fall into the enemy's hands and they should take 
advantage thereof ; nor is it fitting to be, concealed, lest for want of 
succour so important an Island should miscarry. It was very 
happy that the French designed not directly hither, else they had 
arrived a full month before I had any notice of them ; and had they 
come on us by surprise with such a force I know not how far they 
might have gone. Had they only taken Tort Royal they would 
have secured all vessels coming and going, and the country must 
have sunk for want of recruits. If the King would spare two 
small fire-ships, they would secure the harbour from any enemy 
daring to look into it, and could be maintained here with the 
Commander and a very few men to look after them ; for when there 
should be occasion for them we could put more men aboard. The 
reason for the defection of the privateers and seamen is the 
men-of-war, which harass them daily, so that as fast as they get 
clear of the ships they run away from the Island, and those that 
are aboard come in no more for fear. Many of the land-men are 
gone for the same reason, and others owing to fear and to their 
losses ; for this being the butt at which the enemy chiefly- 
direct their malice, few weeks pass but their privateers land in 
some of the out-parts and plunder and burn, and this makes 
the people leave the Island for some place where they may be quiet 
and easy. Others leave it for want of trade and business, for, the 
Assiento having fallen and few ships or goods coming from Europe, 
they think the place neglected, and now much complain that though 
the enemy was thought in England to be designed hither, yet no 
assistance is sent. Nay, even the small recruits of three or four 
merchant-ships, which have been expected ever since last Christmas, 
have not arrived, so that people are discouraged, and if some speedy 
care be not taken, the rest that are able will leave the Island also. 
The French passed betwixt this Island and Cuba about the 20th of 
May, and now most think that they are gone to seize on Vera Cruz, 
though methinks the ships are too big for that place, the Hope, 
which they took from England, being the least of four besides what 



46 COLONIAL PAPERS. 

1696. 



they have of li mm utia Some English and two French came 
lately from Petit Guavos, who all agree about the number of the 
ships and say that twelve more are expected daily, and that besides 
store of provisions they have on board abundance of bricks, which 
seems for a settlement, though at Petit Guavos they know nothing 
of the design, which is kept very private, I hope we are rid of the 
danger of them, for if they hasten they are settled, and if they are 
baffled they will have no stomach to come here. Pray represent 
our condition and the value and importance of this Island to the 
King. I have revived several packets from the Spanish Governors 
and other officers, which I have despatched to Carthagena and 
Porto Bello. Si'jmd. Wru. Beeston. H-Jt-grapk. 2 pp. Endonfd, 
R. -24 Nov. Reed, from Mr. Vernon 1 Dec, Read 2 Dec, 1696. 
Answd. 1-2 Feb. 1696-7. End-**?. 

10-2. i. Siate of the Island of Jamaica as represented bv Sir 
William Beeston. with his speech desiring the opinion 
of the Council thereon uwr A~<. ffi\. JH Sir WlUiau* 
Ji,-rft-iH~* han-1. I ji. Endonfd, Reed, and read 
24 Nov. 16%. 'B--ani f Tradf. Jamaica. 8. Xot. 18, 
13i. : antl 56. jj>. 49-51 and pp. 40-41.] 

July 23. 103. Governor Sir William Beeston to William Blathwayt. 
I now transmit to the Duke of Shrewsbury a short state of the 
country ami the Council's opinion thereon. The continual fatigues 
of the war and the want of trade cause a great pan of the people to 
leave the place and seek for more quiet, for this Island, being the 
chief mark that our enemies aim at. is seldom quiet in one part or 
another, which tires out the people. I have also transmitted to 
you some account of the condition of the ships of war. which want 
men and all necessaries. By their management they have forced 
from us our privateers and seamen, who. rather than stay on the 
ships and le ill-used, rfntnrttlirir 1'trt* to trim atrati, and then leave 
the Island. So the ships are never manned for service, and the 
Island is dis]ieopled. Captain Wilmot, by the Admiralty's order. 
put in Mr. Thompson as agent to manage for the ships, and now 
the Commissioners of the Navy write and bid him desist : yet none 
is appointed in his place, whereby nobody will act or give credit, 
not knowing whether the hills will be paid. So that for want of 
supplies of men. provisions and necessaries from England, the ships 
are in an ill condition, and I know not how to help them, for I have 
here H'I *.'/. there being no Assiento nr tradf. nor other way to get 
anything, and my allmraitcr doff not ntar Ixar my charges. The 
Island is in a decaying condition, tkt pfople bfiay discouraytd by daily 
lot*-* ami liaraftimi nt thr far and ffeiny tut a*tixt<incf come tit them. 
Therefore the ordinary people, who are the strength, daily get 
away to the Northern Colonies and are frightened from returning 
with provisions and necessaries because the men-of-war tear 
away their men. who seldom, if ever, see their homes and 
relations again. Unless some measures be taken, the rest 
that are able will get away, and then the Island will be in 
great danger from any attempt. This I should not trouble 
yon with, did I not think it my duty. I know you have 
many opportunities of laying oar state before the King, who is our 



AMERICA AND WEST INDIES. 47 

16%. 

one hope of relief, for indeed the desertion for a year past has been 
very great, even of the inhabitants. The seamen and privateers 
were not only a great part of our defence, bat oar guards and watch- 
men, who brought us intelligence of any approaching danger, tbe 
want of care and some better order about the ships has been a great 
part of this as well as the war. fr tk^y kart prtwd T?* tke 
inhabitant* and tkfir tfrrantt and iiarr mttd tkrm ill. This has been 
grievous, but I could not help them, having orders not to meddle with 
them nor with their discipline. The French passed between this 
and Cuba about the 20th May, and it is generally thought that they 
design for Vera Cruz, for they carry brick.? besides abundance of 
stores and have able pflot=. ~hy taLiny th' n>a*wf*>nt f-j tke tktpt 
fmt fif my hand*, thf \aral Onir? it lafltn t>, n>,thi*ti. *> t}>at I <-an ;* 
no oat tit takf cart r>f it. When a ship of war goes home I will 
send the Acts and other papers. I have heard nothing from you 
about Porcio's debt to the merchants, which will be a grea: loss. 
There are so many things to discoorajre the Island tha; I greatly 
fear its decay, but I hope you will use yoor interest for oar 
assistance. Siynfd. Win. Beeston. H--J-^irafJi. 2 /'/. En>i-->rv.d. 
P.eed. and read 24 Nov.. 1696. Ans-sd. 12 Feb.. 16C*>-7. A **</rt 
abstract i* attarhtd. ~_Bf-ard of Trail'. Jamaica. 8. -V-. 14 : and 
56. pp. 44-46.] 

104. Governor Enssell to Council of Trade and Plantations. 
H.M.S. Play has arrived from the Leewar.! Islani. whither I had 
sent her to take the news from Europe and to bring us intelligence. 
She brought me two letters from Commissioner St. Lo at 
Plymouth, saying that an advice-boat from England for Barbados 
had been taken by the French, and a letter from Governor 
Codrington that he had news of all being well in England. I am 
sorry that the vessel brought me no orders from you, the more so 
because Mr. Cranfield. the Commissioner of Customs here, shewed 
me a letter from Mr. Povey that yon were writing to warn us of a 
French design on the West Indies and to defend ourselves vigorously 
if attacked : but I have received no such packet- While I am hi 
command of thig Island yon may depend upon me to defend it to 
the uttermost. In another letter under this cover, I have given you 
my opinion that Barbados as the windwardmost Island is the key of 
all the West Indies, and that if it were in the hands of the French 
not only would the Leeward Islands and Jamaica fall, bat the 
Danes. Brandenborgers, Dutch and Spaniards would be absolutely 
shut out from their trade to the We#i Indies. Having no engii 



nor other officer to assist me I have been forced, with the greatest 
pains imaginable to mvself . to visit very often all the forts, plat- 
forms and batteries, to examine evervthing in them and the ill con- 
dition that they are in. set down everything necessary to pot them 
in better order, and draw up. as well as I can guess, an estimate 
of the cost. I know that it is incorrect, and I beg that TOO will 
pardon me, for the knowledge belongs to employment in which I 
have never served, though I venture to send it. believing that it 
may be of service to us. I submitted my list and computation 
to 'the Colonels of Militia, who agreed that the dungs asked 
for should be supplied, but could not mead I In !! of 



48 COLONIAL PAPERS. 

1696. 

my own judgment. I also laid them before the Council and 
Assembly, where they have been some time, and I enclose copy of 
a speech" which I made on that occasion, as also an account of the 
Assembly's answer and intentions. I also send ground-plots of all 
our forts and batteries, that you may see what irregular and 
defenceless things our fortifications are, which it is for me to defend. 
The number of them makes a great noise, but there is not one of 
them that school-boys may not climb into. Parts of the Island are 
fortified by nature, and the best landing places were in Colonel 
Kendall's time provided with a bank or breastwork and a trench 
within it. deep enough from the top of a bank for horse to march in, 
and covered ami broad enough for four or six to march abreast. This 
was very useful, but as no men were paid or appointed to keep it 
in repair, the bank is in many places trampled down by cattle and 
the ditch rilled up. I hope that we may get an Act passed for the 
negroes to repair it. I also send you a list of my last general 
review of the militia, which I made in one day, so as to see them 
all. You will judge how small is the force that we have to depend 
on. I must acquaint you that the sending of the recruits for my 
regiment to the Leeward Islands has lieen the greatest possible 
injury to it. Half of them were lost by death and desertion liefore 
they came here, and several that arrived sick from thence are since 
dead. Please move the King for a detachment of two hundred good 
men to recruit them. When you have seen what a thin militia we 
have to defend so important a place as I conceive Barbados to be, 
particularly to England, but also (as I think) to Europe in general, 
I hope you will obtain recruits for the regiment, if not additional 
companies. I am sure that you are sensible of the difference in the 
sen-ice of soldiers in pay. whose sole business is arms, and the militia 
of a country who think military affairs to be not their concern, 
except when they have nothing else to do, and so are generally 
unacquainted with exercise, command and obedience. The Assembly 
are sensible of the good order and discipline of my regiment and 
think them well worth preserving, so knowing that the soldiers 
cannot live here on the King's pay they have passed Acts to give 
them additional subsistence and to give also some help to the 
officers, who are soldiers of fortune, having nothing else to live on, 
and found it impossible to live on the King's pay. I have sent the 
Acts home for confirmation. I believe nobody would have imagined 
our strength to be so small and our forts so irregular and unfortified 
that they cannot defend themselves against anything on land if an 
enemy gains a footing. So that if the enemy does land, in spite of 
all that I can do, and in such numbers that I may not venture a 
battle, they must become masters of the forts and thereby be able 
to protect their ships and live on the supplies which are in them. 
One thing we want, which I think is in all other places but this, 
namely a citadel for our last refuge. I wish we had one, and I 
hope the King will send us one or two engineers, when I may hope 
to put the country upon building one. Still I have never been 
able to persuade them to make any little fortification about any 
town or place, where their wives and children might be safe from 
any violence of the negroes, if any invasion should draw all the 
white men to the seaside for defence. 



AMERICA AND WEST INDIES. 49 

16%. 

While I was writing this letter there arrived H.M.6. Newcastle 
with orders for the Bristol and Play to return to England. The 
Assembly brought op a Bill to raise money to buy certain things 
necessary for the country, to pay for ships taken up for the erpedi- 
tion to Martinique and to purchase one hundred white servants : 
but it needed so many amendments, and the Council had so little 
time and so much private business before the fleet sailed, that they 
adjourned until the fleet was sailed, and so nothing was done. 
Pray move the King that the stores for which I have asked may be 
sent to us, as also such other things as are necessary but not 
mentioned, for we are still in so il! a condition in every particular 
that the Island is not safe if it be attacked before supplies reach us. 
I beg, too, that a very good enjrineer may be sent us, or two in case 
of mortality, so that our fortirications may keep us from falling 
into the hands of the French if they attack us. Such stores 
as may be sent I beg may be despatched by first convoy, before an 
enemy has time to attack us, and if any ships of war bound for 
Jamaica or the Leeward Islands sail with them I beg that they 
may see them to the south end of Barbados, which is not above 
forty-four hours out of their way. whereas the loss and disappoint- 
ment of the stores must mean the loss of Barbados if attacked. I 
hope, too, that you will obtain me two hundred reoruits for my 
regiment, and that they may not be sent to the Leeward Islands. 
which has made havoc among them. The Leeward Islands may be 
attacked by privateers from Martinique, who land in one night. 
plunder the plantations, and are gone nest day : but I am pretty 
well assured that it is not the interest of France to take any of the 
Islands to leeward, while Barbados, to windward, is in the hands of 
the King of England. The two places which it could best serve the 
French interest to possess are Barbados and Petit Guavos. With 
these two places a fleet and a body of landmen would make the 
French King one of these days master of all the European Princes' 
trade in the West Indies. He seems to have slighted several 
places settled by his subjects in these parts and has, we hear. 
transferred his subjects from many places the better to re-settle 
Petit Guavos. Even Martinique itself seems to have not so much 
care taken of it as formerly, nor does the Governor encourage to 
build there; and all the reason. I apprehend, is that the French 
King has an eye on this Island, which, so long as I am in command 
of it. shall be defended to the utmost, so I hope the King will send 
us a supply to enable me to do it. Were our fortifications in good 
order and neither stores nor ammunition wanting, this Island 
ought never to be surrendered ; and I believe that if the French 
were masters of it for a twelvemonth, all Europe would not be able 
to take it from them. Signed. F. Russell. Four clostly-trritten 
]ta<ies. Inscribed, Reed, and read, 30 Oct.. 1696. .4 short abstract 
is attached. Annexed, 

104. i. An alphabetical list of articles required for the forts 
and batteries of Barbados, which may be procured here 
and in North America. This list includes men as well 
as stores, and to each item is appended an estimate of the 
cost. Total. 12.610. 3 pp. Endorsed, Reed. 30 Oct., 
1696. 

38181 D 



50 COLONIAL PAPEES. 

1696. 

104. n. A list of the militia of Barbados. Cavalry. Troop 
of Life Guards, 48 men. Bishop's Kegiment of Horse 
(6 troops), 297 men. Farmer's Regiment of Horse 
(6 troops), 279 men. Total Horse, 624. 

Foot. Salter's Regiment, 420 ; Ramsay's Regiment, 
264 ; Frere's Regiment, 384 ; Boteler's Regiment, 220 ; 
Bayly's Regiment, 214 ; Waterman's Regiment, 204. 
Each Kegiment has eight Companies, and the names oj 
the Captains are given. Total Foot, 1,706. 2 pp. 
Endorsed as No. i. 

104. in. Speeches of Governor Russell to the Council and 
Assembly of Barbados. I have taken great pains to 
ascertain every want of this country, and to make a list 
of stores for your magazines, forts and batteries, accord- 
ing to my recollection of other places that I have seen 
and to the best of my judgment. I have served in many 
posts in the Army, but never in the Oi'dnance, which I 
think a misfortune, since I find myself in this Island, 
which I look upon as the frontier of the West Indies, 
where there is neither engineer, cannonier nor 
firemaster, and I cannot myself pretend to be either. 
However, I have omitted nothing that my little knowledge 
can suggest to me, and I have made a computation, at a 
guess, of the cost. I had no design of exposing myself 
by shewing this list, but I wished to have some estimate 
of the sum which I would recommend you to raise. I 
am sensible, too, that these papers should not be made 
public, but you have pressed me so importunately to let 
everyone know what is in the magazine (which I can- 
not), that I feel obliged to let you know what additional 
supplies are needed, and the cost of every particular. 
At our last meeting I laid before you an account of the 
things which could only be obtained in England, believ- 
ing that they required the greatest dispatch, for if this 
fleet should sail before you have taken your resolutions 
herein, we may not have another opportunity till next 
spring. No one knows where the seat of war will be 
next summer, so everyone ought to prepare at least to 
secure themselves from being surprised. I now lay be- 
fore you a list of articles which I believe you may 
obtain here or in North America. The last time I spoke 
to you I said that I did not wish any of the money to 
pass through my hands, and that I could not undertake 
the trouble to provide you with such things as you want. 
I thought this would have satisfied everybody that I 
could have no design to advantage my own purse ; but 
to prevent all scruples and to hasten the business I lay 
this list before you, with the estimate which I made for 
my own use, and I shall be well pleased if you will send 
them home to be corrected by the Lords of Trade and 
the Commissioners of Ordnance. I know your loyalty, 
and you know that what levies are raised must be raised 
now, when the crop is gathered. I beg therefore that you 



AMERICA AND WEST INDIES. 51 

1696. 

will come to a speedy resolution. I assure myself that 
you will go on vigorously in this affair, and you may be 
assured that I have no aim but zeal for the King's and 
this Island's service. You mention a sum of 2,500 
raised to be a standing stock to supply the country with 
small arms, and you say that you expect to find them in 
the magazine. I have been so busy with emergent affairs 
since my arrival that I have had no time to look into 
that, but if you will give me particulars of the money I 
will make strict enquiry into the matter. The Royal 
Instructions forbid money to be issued but under my 
warrant in Council, but permit the Assembly to examine 
the accounts of the disbursements thereof. So if you 
will let me know what the money is, you shall have an 
exact account. 2 pp. 

Second speech of Governor Russell to the Assembly. 
So many members were absent at our last meeting that 
I have called you together again. The fleets for Europe 
and North America will sail in two or three days, so 
what is done for the preservation of the Island must be 
done now, especially the sending for supplies from 
England, or it may be too late. I count on your loyalty 
and on your readiness to defend the Island. Some 
gentlemen were formerly of opinion that we had no 
enemy at our door, but they have seen their mistake and 
now join heartily to prevent the encouragement which 
the Martinique privateers once met with, the loss from 
which was fifty or sixty thousand pounds until we sent 
ships to cruise for the safety of our shipping. I now 
ask you to take the same precautions against an enemy 
on shore. I dare not lay open to you our true state, 
having too much reason to fear that our enemies may 
know it before our friends can supply us. Since 
I came I have never consulted the advantage of 
my purse and I have no design to do so now, for I 
desire no part of what I now propose to you to pass 
through my hands. I must now tell you that, heavy 
though the tax may be, less than 10,000 will not make 
good the wants in your magazines and put your fortifi- 
cations in order. If they are not in order I cannot 
preserve them, nor the towns, nor your country, nor my 
own reputation. The King and Nation, sensible that 
the additional duty bore heavy on you, have not renewed 
it; and though your losses have been great you must 
secure the last stake. It will be much cheaper to 
preserve your country now at any price than to recover 
it hereafter from your enemies. Let me remind you 
also that the country's credit is so stained by the debts 
you owe for the ships taken for the Martinique expedition, 
that none will trust it till these are discharged. 1 J pp. 
A short abstract is attached to each speech. The whole 
endorsed as No. i. . 



52 COLONIAL PAPERS. 

1696. 

104. iv. Alphabetical list of military stores required for 
Barbados, which can only be obtained from England. 
An estimate is attached to each item, the total amount- 
ing to 10,169. 5 pp. Endorsed as No. i. [Board of 
Trade. Barbados, 7. \Nos. 5, 5 i.-iv. ; and (without 
enclosures) 44A. pp. 10-16.] 

July 23. 105. Governor Russell to the Duke of Shrewsbury. I thank 
Barbados. y OU for your letter which arrived on the 12th inst. You tell me 
that you learn from Mr. Bridges that I had given the place of clerk 
of markets to Mr. Harmsworth, and that you had got it confirmed 
to him, for which I thank you. Several people here are informed 
by their last letters that seven or eight gentlemen have been added 
to the Council. Mr. Povey tells me that the first six whom I 
recommended are appointed, and three others, whose names are not 
given. Mr. Hothersall and Mr. Terrill have delivered me their 
warrants. The first has been sworn of the Council, the other has 
unhappily been seized with the fever, from which not one man in a 
hundred recovers ; and I am afraid he is dead. We have lost two 
very honest men lately by this distemper, Colonel Boteler and 
Colonel Bayley. The first was one of the best men I ever met with, 
and both worthy, loyal gentlemen, though the rest of the militia 
officers are as loyal, and shall be so while I am Governor. Mr. 
Burke tells me that there was a warrant for his admission to the 
Council but that it was stopped at your office, whereat he is much 
concerned. Thinking that someone may have misrepresented him 
to you, he begs me to bear witness to his loyalty, substance and 
good behaviour, which I gladly do. I have written to the Committee 
as to the wants of the Island. If the King will send us supplies 
and one or two engineers to put our fortifications in order I will 
be answerable that this Island shall not be surrendered unless I 
am betrayed from within. If the French should master it I 
believe all Europe could not take it again. I believe that a good 
engineer will confirm what I say, that the Island is not now in a 
condition to defend itself. Pray obtain for me leave to accept 
presents made me by the Assembly when made, as in this time of 
war I have to wait two years before I receive them. Signed, 
F. Russell. 1 pp. [America and West Indies. 476. No. 64.] 

[July 23.] 106. Extract of so much of preceding letter as concerns Mr. 
Burke. 1 p. [Board of Trade. Barbados, 7. A 7 o. SA.] 

July 23. 107. Order of the Lords Justices of England in Council. 
Whitehall. Referring extract of a presentment from the Commissioners of 
Customs to the Council of Trade for report. Signed, Wm. Bridge- 
man. p. Endorsed, Read 27 July, 1696. Annexed, 

107. i. Extract from a presentment of the Commissioners of 
Customs to the Treasury. We move, as highly con- 
ducing to the execution of the Acts of Trade and 
Navigation, and for the regulation of the Plantation 
Trade, that Courts of Admiralty may be erected in each 
Colony, and that persons of known ability and integrity 
may be empowered by Commission of the Admiralty 
to do their duty therein, and that persons of experience 



AMERICA AND WEST INDIES. 58 

1696. 

in the laws may be nominated by the King and recom- 
mended to the Governors as Attorneys-General for the 
prosecution of bonds, trial of seizures and other matters 
connected therewith. Copy. 1 p. [Board of Trade. 
Plantations General 4. Nos. 3, 3.i ; and 34. pp. 20-22.] 

July 24. 108. " A discourse how to render the Plantations more 
beneficial and advantageous to the Kingdom," by Edward 
Eandolph. The wealth and security of this Kingdom has long 
depended on its trade and navigation, but masts and timber for 
building ships, as well as all other naval stores, being through long 
consumption become dear and scarce commodities, are not to be had 
from neighbouring countries but at excessive rates, and then only in 
time of peace ; so that in case of sudden rupture with Sweden or 
Denmark England's navigation is in danger to be lost unless 
supplied from France or Holland, though not without difficulty and 
at proportionable expense. Our present trade with the Swede and 
Dane makes greatly to their advantage. Our merchants formerly 
bought in these countries timber and naval stores at easy rates for 
our coarse British manufactures ; but of late they have set the dice 
upon us and forced us to pay higher prices, and two-thirds ready 
money, for commodities of inferior quality, which drains England 
unavoidably of large sums annually. Nor is our trade to the East 
Indies (from whence the greater part of our saltpetre is brought) so 
well secured but that it may be unexpectedly engrossed by our 
neighbours, and we must then depend on them to supply us with 
saltpetre as now with spice, etc. I would therefore point out that 
England may be plentifully supplied with timber and naval stores 
from the American Colonies. (1.) Trees fit for masts grow 
plentifully in New Hampshire and New England, though till of late 
much destroyed by saw-mills and canoe-makers. Many great 
masts are yearly brought from thence, but now not many such 
trees are to be found nigh the water in either province, and it is 
therefore more chargeable to carry them seven or eight miles by 
land and afterwards float them to the ships. In a little time 
necessity will force us to make masts of cypress-trees, which are 
very large and in great plenty near navigable rivers as at 
Chickahominy in James River, at West Point and elsewhere in 
York River and Rappahannock, and in several rivers in North 
Carolina. At Kennebec River are abundance of very fine trees fit 
for masts and at Abigadusitt (ten miles from its mouth) is a place 
for a saw-mill, and enough pine and fir to load forty or fifty ships 
annually. On Bear Island also, not far from Kennebec to the 
north-east, are large fir trees fit for masts; but in 1689 the Indians, 
supplanted by the French, drove the English out of Kennebec and 
the more northerly settlements, demolished and burnt the new fort 
built by Sir E. Andros and destroyed or captured most of the 
inhabitants of Maine. They have since destroyed the town of 
Dover and many people in New Hampshire, so that the Piscataqua 
River, where the masts remaining in the two provinces can be 
shipped off, is the only place to be depended on at this time for 
great masts of fir. (2.) As to timber and plank, there are very vast 
quantities of oak growing on every creek and river from Pemaquid 



54 COLONIAL PAPEES. 

1696. 

to Virginia, with convenient places and depth of water to build 
ships. Sixty sail of good ships from 200 to 500 tons may yearly 
be built in these Colonies at one-third less charge than in England, 
as at Piscataqua (where the frigate Falkland, 700 tons, was built 
three or four years ago), Salisbury, Salem, Boston, Charlestown, 
Hingharn, Rhode Island and elsewhere in New England, also at 
Mamaranack Eiver, twelve miles south from New York, and in 
Pennsylvania, Maryland and Virginia. (3.) Pitch and tar in great 
quantites are already made at several places, as for instance New 
Plymouth and Connecticut, which not only serves that country 
but leaves some hundred barrels over for export to the West 
Indies. There are also several islands near Chesapeake Bay and 
innumerable trees in the main land to make pitch and tar of. On the 
branches of Elizabeth River in Virginia pitch and tar are staple 
commodities, and more could be made everywhere if there were a 
market. (4.) Rosin enough may be made in these Colonies to supply 
England and her neighbours. About four years ago some French 
Protestants made rosin not far from Boston at their own planta- 
tions, and shipped two tons to try the market in England. It was 
approved of to be as good as any brought from France, but the 
charge for necessaries to begin the work and the high freight in 
war-time made them losers and stopped their further undertakings. 
(5.) Hemp and flax grow very kindly arid plentifully in all the 
plantations, and some Colonies have laws obliging them to sow 
yearly a quantity of hemp and flax-seed according to the number 
of servants. In Rhode Island they have more than they have use 
for, and sell it to their neighbours. I have seen as good 
bright dressed flax brought from there to Boston as I have 
seen in England. They use their hemp for linen and cordage, 
but sow not much for want of servants. (6.) Saltpetre. Some 
sorts of the materials for making saltpetre are found almost every- 
where in the Colonies. The rocks near the shore in some parts of 
New England are covered very thick with the dung of sea-fowls, 
and in the woods where wild pigeons take their constant stand, not 
far from plantations, the ground is three or four feet thick with 
their dung. So also are the floors of old tobacco-houses in Virginia 
and Maryland. Likewise the earth on the bank sides of some of 
the great rivers from Virginia, above sixty miles from the salt 
water, is naturally very salt, insomuch that in some places it is 
furrowed very deep by the tongues of wild beasts which come 
constantly to lick it. Ten or twelve years ago Dr. Daniel Cox, 
then one of the Proprietors of West Jersey, sent a Frenchman to 
make saltpetre in the province. He made some, but as the Doctor's 
agent failed to supply money he left off, and the work was ruined. 
He told me there were plenty of materials, and desired me to 
recommend him to Sir E. Andros to be employed in making salt- 
petre, but falling into a trade with the Indians for furs he is now 
settled on the southern shore of Delaware Bay. There is in the 
Bahama Islands salt enough to supply all England, and I doubt 
not but the materials for saltpetre could be found. It is necessary 
that the great timber in the Colonies should be saved from waste. 
I append copy of an Address from the Council and Assembly of 
Maryland in support of my statements. Here follows copy of the 



AMERICA AND WEST INDIES. 55 

1696. 

said Address, reporting that there is abundance of timber and 
naval stores in Maryland, but that the industry has been little 
cultivated for want of a market. The whole, 4 pp. Endorsed, 
Presented by Mr. Randolph, 24 July, 1696. [Board oj Trade. 
Plantations General, 4. No. 4 ; and 34. pp. 12-18.] 

July 24. 109. Journal of Council of Trade and Plantations. Sir 
Henry Ashurst attending, declared that he had formerly opposed 
the grant of a patent to Sir Matthew Dudley and Company, not 
only as a private person but by order of the Colony of Massachu- 
setts. He also produced a paper of offers from the General 
Assembly as to naval stores, and shewed further certain in- 
structions as to complaints expected to be made by Mr. Jahleel 
Brenton. Mr. Randolph produced a paper in writing as to importa- 
tion of naval stores (see No. 108). A presentment of the Commis- 
sioners of Customs as to the Proprietary Colonies was read. [Board 
of Trade. Journal, 9. pp. 22-24.] 

July 25. 110. Minutes of Assembly of Nevis. The three members 
formerly objected to were sworn, as also was William Bates, Clerk 
of Assembly. A joint Committee appointed to draw up articles of 
war. The Assembly then asked leave to adjourn from time to time 
till it should have prepared a representation of the needs and 
grievances of the country. Four members of the Council having 
withdrawn in order to prevent the Assembly from having any reply 
to its messages, the Assembly expressed its full confidence in 
Lieutenant-Governor Gardner, and resolved itself into a Committee 
to prepare the representation aforesaid. [Board of Trade. Leeward 
Islands, 64. pp. 376-378.] 

July 25. 111. Edward Cranfield to James Vernon. I beg you to give 
Barbados, ^he bearer, Major Hawkins, access to the Duke of Shrewsbury, to 
give him a verbal account of affairs here. Major Hawkins is a very 
honest, loyal gentleman who has served very honourably both at 
St. Christophers and Martinique. I have sent by him three pounds 
to be spent in the company of yourself, Mr. Yard and Mr. Lowndes. 
Signed, Edw. Cranfield. Holograph. \ p. [America and West 
Indies. 456. No. 65.] 

July 25. 112. Edward Cranfield to the Duke of Shrewsbury. I beg 
to refer you to the bearer, Major Benjamin Hawkins, for an account 
of affairs here and in the Leeward Islands. He served as a Captain 
under Sir Timothy Thornhill at St. Christophers and as Major 
under Colonel Boteler at Martinique. I send you two loaves of 
refined sugar. Signed, Edw. Cranfield. Holograph. J p. Endorsed, 
R. 15 Sept. [America and West Indies. 456. No. 66.] 

July 27. 113. Journal of Council of Trade and Plantations. Mr. 
Randolph was ordered to attend next meeting. The Order in 
Council of 22 July (No. 100), with its enclosure read. [Board oj 
Trade. Journal, 9. p. 24.] 

July 27. 114. Minutes of Council of Massachusetts. A letter of 
21 April from the Privy Council read, giving warning of a French 
design against America, promising assistance and ordering all 
preparations to be made for defence. A letter from Colonel Pyncheon 
was read, giving intelligence that Count Frontenac was at Montreal 



56 COLONIAL PAPERS. 

1696. 

with 2,000 French and 1,000 Indians, intending to attack the 
Five Nations and Albany, also that a body of Indians was designed 
against the eastern parts of New England. Order for the embargo 
to be continued for another month and for the work at the fortifica- 
tions to be vigorously pursued. Order for payment of 300 for 
purchase of provisions for the soldiers and seamen. [Board of 
Trade. New England, 49. pp. 38-39.] 

July 28. 115. Minutes of Assembly of Nevis. Resolutions of the 
Assembly: To represent its grievance against the Council, since 
the Council have made themselves judges of elections, compelled 
elected members to show their titles to their estates, and withdrawn 
themselves in order to obstruct business, so that no continuous 
assembly can be held and no law passed to compel the inhabitants 
to military duty ; to represent also that good officers have been 
displaced to make room for less good, and liberty granted to 
privateers to take men at their pleasure ; that the Provost-Marshal 
has given no security, that the Secretary being a lawyer in practice 
has power to alter records, that the Chief Judge, Charles Pym, has 
many complaints against him, and that the Island generally suffers 
from the corruption of officers, want of regulation of Courts, 
insecurity of titles, mid uncertain regulation of elections. The 
treasurer's time is expired and the Council will not join with the 
Assembly to renew it, nor to raise money. Above all the Instruc- 
tions to the Lieutenant- Governor have deprived the Island of all 
power to pass laws by the Governor, Council and Assembly. 
[Board of Trade. Leeward Islands, 64. pp. 378-380.] 

July 29. 116. Journal of Council of Trade and Plantations. Mr. 
Edward Randolph delivered a collection of papers (see No. 120) 
and was ordered to draw up a scheme of proposals to remedy the 
defects in the prosecution of offenders against the Acts of Trade in 
the Colonies. Mr. Locke handed in copies of the papers as to naval 
stores brought from New England by the Agents. Order for Sir 
Christopher Wren to be consulted as to the new rooms for the office, 
and for the Chancellor of the Exchequer to be reminded as to the 
money for incident charges. [Board of Trade. Journal, 9. #p. 25-27.] 

July 29. 117. Endorsement of a collection of papers (abstracted 
under their dates) respecting the naval stores imported by Sir Henry 
Ashurst and Sir Stephen Evans, which were sent by the Admiralty 
to the Council of Trade and Plantations. [Board of Trade. New 
England, 8. Ao. 15.] 

July 30. 118. Governor Goddard to Lords of Trade and Plantations. 

Bermuda. Qn the 18th inst. arrived your order relating to the differences 
between Mr. Richier and myself, which shall be punctually obeyed ; 
but I was much surprised at the preamble, which recites Mr. 
Richier's first petition ; and the words of the order run pursuant 
to it, without any notice taken of the untruth of his allegations. 
In the petition he sets forth that I seized 1,000 of his effects, 
whereas the whole value was not 150, and I offered to return it 
immediately on his giving security to stand to your determination 
about the spermaceti whale. Secondly, he most untruly and 
unjustly charges me with imprisoning him, whereas it is notorious 
that he was never imprisoned on my account in his life, nor was he 



AMERICA AND WEST INDIES. 57 

1696. 

imprisoned at all when he sent in that petition. Yet he had the 
boldness in a second petition, of 17 March, 1695, to charge me again 
with keeping him a prisoner, though at large, whereas he was not 
in prison at all till several months after Mr. Trott's departure for 
England. Again he says that I disobeyed your orders, whereas I 
performed my part of them and he disobeyed by refusing to give 
security. This being so fully proved before you, I wondered that 
no notice was taken of the untruth of Mr. Richier's allegations. 
Mr. Trott told me that he did prove such untruth, and that you 
ordered Mr. Richier to pay Mr. Trott's bill of costs ; but for what 
reason the report was drawn up as it is, and why Mr. Trott was not 
allowed his costs pursuant to your order, he could not tell. I write 
thus, not because I am aggrieved at your order but because I was 
always willing to do what you now order, and proposed it several 
times. I mention the other matter only to justify myself against 
Mr. Richier's aspersions, for I should have thought myself very culp- 
able if I had disobeyed your order, as he alleges. Not only was he 
never imprisoned by me but I staved off Governor Trott's execution 
against him for near two years, until I was warned that it would be 
made cause of complaint against me. In June, 1695, he was taken 
in execution at Governor Trott's suit, not by any act of mine, and 
now lies in prison, from which I have no power to release him with- 
out making myself accountable for his debt. All, therefore, that 
your Lordships order I will obey, but release him from prison I 
cannot, since he is there not at my suit but at Governor Trott's for 
a sum of 1,246, and my Counsel advise me that if I do I shall be 
responsible for the debt. I will write more fully as to the Island in 
October ; meanwhile I enclose an extract from the Minutes of 
Council for my justification. Signed, J. Goddard. typp. Endorsed, 
Reed. 26 Sept., 1696. Read 30 Nov. An abstract of the letter is 
attached. Annexed, 

118. i. Extracts from Minutes of Council of Bermuda, 
5 Nov., 1694. Declaration of the Council, in reply to a 
late letter from Whitehall, that Isaac Richier is impri- 
soned at the suit of Mr. Trott ; but that Richier has 
twice been committed to the custody of the Sheriff by 
the Council, for contempt of an order of Council and 
on a charge of disaffection. 

29 Jan., 1695. On reading the petition of Isaac Richier 
to the King, the King's and Council's order thereon and 
the proposals made by Governor Goddard to Richier, 
the Council resolves that these proposals are a full 
compliance with the Council's order. 
4 March, 1695. The Council declares Isaac Riehier's 
allegation, that Governor Goddard had demanded 
1,000 as half the profits of the Governor's place from 
the date of his commission, to be false and scandalous. 
6 May, 1695. The Council consider that Governor 
Goddard was justified in refusing to accept the bond 
offered by George Dew on behalf of Isaac Richier. 
Copies. 3 pp. Endorsed, Reed. 26 Sept., 1696. [Board 
of Trade, Bermuda, 3. Nos. 1, li. ; and (without 
enclosure) 29. pp. 1-5.] 



58 



COLONIAL PAPERS. 



1696. 
July 81. 



July 31. 



119. Journal of Council of Trade and Plantations. The Secretary 
made a report as to the money for incident charges. Order for Mr. 
Bridges to send all papers that he has concerning Governor Russell's 
present, the records having not yet been received. Mr. Randolph 
handed in certain additional papers (No. 120n., v.). He added that 
he had brought copies of some of the trials of ships with him, and 
that nothing could be done as to swearing Governors to observe 
the Acts of Trade until the Council should settle the business. 

Sir Henry Ashurst handed in several papers (No. 120i.,m.). 
He then argued again against Sir Matthew Dudley's proposal, and 
recommended that fit persons should be sent to America to examine 
a report as to naval stores. Mr. Brenton delivered certain proposals 
on the same subject. [Board oj Trade. Journal, 9. pp. 27-30.] 

120. A collection of papers .handed in by Edward Randolph 
in reference to the enforcement of the Acts of Trade and Navigation 
in the Colonies. 

120. i. A list of the Governors of the various Colonies. 
Against the name of Caleb Carr, Governor of Rhode 
Island, Randolph has written: "An illiterate man. 
This is one of the places which harbours pirates. 
Captain Tew, a pirate, came thither last year with a very 
great sum of money and four vessels very well manned. 
He sailed from thence to the Red Sea some time after." 
Here follows a short statement of the oaths and duties 
enjoined on the King's Governors in respect of the 
Acts of Trade and Navigation. 1 J pp. Dated, 29 July, 
1696. Endorsed, Read 31 July, 1696. 

120. n. A list of several vessels seized and prosecuted by 
Edward Randolph in Pennsylvania, Virginia and Mary- 
land, between 1692 and 1695. It appears that he lost 
his suit in every case ; and he adds at the end of the 
list: "From all which I represented to the Commis- 
sioners of Customs the illegal trade in the plantations 
was supported and encouraged by the general partiality 
of Courts and juries (biassed by private interest) in suits 
relating to the Crown." 

120. in. A list of names submitted by Edward Randolph as 
officers of the Courts of Admiralty in the Colonies. 



Colony. 




Judge. 


Reyister. 


Marshal. 


Attorney- 
General. 


Virginia 












and North 


1 


Edward Hill - 


Myles Gary - 


Michael Sher- 


Edward 


Carolina 








man 


Chilton 


Maryland - 


. 


Henrv Jowles 












Geo~. Robot- 1 


Henry Denton 


Thomas Collier 


Edward 






ham 






Chilton 


Pennsylvania 












and West 




Rich. Hollo- 


William Rod- 


Robert Webb 


Edward 


Jersey 




way 


ney 




Chilton 


New York, 












East Jersey, 




William Smith 


John Tuder - 


Gervase Mar- 


James 


Connecticut 








shall 


Graham 


Rhode Island 


- 


Peleg Sanford 


Nath. Cod- 


William Allen 


Thomas New- 








dington 




ton 


Massachusetts 


Nath. Byfield 


Lawrence 


Henry Frank- 


Thomas New- 








Hammond 


lin ton 



AMERICA AND WEST INDIES. 



59 



1696. 



The fees of the officers in the Admiralty Courts should 
be fixed by the Judge of Admiralty in England to be 
approved by the Governor and Council, or as otherwise 
directed. On the death of any officer the Governor 
should fill his place, reporting the same to the Admiralty 
in England. There can be no establishment of Admiralty 
Courts in the Proprietary Colonies until the Government 
is regulated according to the terms of the Act for 
regulating the Plantation Trade. H pp. Dated, 
31 July, 1696. 

120. iv. Proposals offered to the Commissioners of Customs 
for more effectual execution of the Act to regulate the 
Plantation Trade. (1.) The Governors of all the Pro- 
prietary Colonies should be duly qualified under the 
said Act. (2.) Fit persons should be duly qualified to 
be Governors of Carolina and Pennsylvania to check the 
illegal trade carried on with Scotland, the Dutch Colonies 
and other places. (3.) A commission under the Great 
Seal should be issued to administer the oaths to all the 
present Governors, and to future Governors before 
they enter on their office. (4.) A Judge, Register and 
Marshal of Admiralty and an Attorney-General should be 
appointed in all the American Colonies. (5.) Collectors 
and others who have by ignorance or connivance 
encouraged illegal trade should be removed, and honest 
men put into their places and into all vacant places. 
1 p. Endorsed, Presented 31 July, 1696. 

120. v. A further list of officers suggested for the Admiralty 
Courts in the Colonies. 









Attorney- 


(Colony. 


Judge. 


Register. 


Marshall. 


general. 


New York- 


Will. Smith - 


John Tuder - 


Gervase Mar- 










shall 




Bermuda - 


GilbertNelson 


Sam. Spoferth 


Sam. Duffey 


Nicholas 










Trott, jun. 


South Carolina 


James Moore 


Ralph Izard - 


Ed. Rawlings 


J on at han 










Armory 


Bahama 


Chris. Hooper 


John Warren 


John Corke - 


John Graves 


Islands 










New Hamp- 


John Hinka - 


Bob. Tufton 


Pheasant Est- 


Thomas New- 


shire 




Mason 


wick 


ton 



li PP- Inscribed, Given 
Presented 31 July, 1696. 



tions General, 4. 
pp. 22-26.] 



in on 10 Aug. Endorsed, 
[Board of Trade. Planta- 



Nos. 5 i.-v. ; and (Xos. m.-v. only) 34. 



[July 31.] 



121. Proposals of Jahleel Brenton for supplying England 
with naval stores from New England. England has always been 
supplied with deal, with a great part of her timber and with masts; 
Of late years only foreign ships having been employed in importing 
these commodities, the produce of these commodities is for the 
most part carried to Norway in our silver coin. Last year about 
one hundred and thirty ship-loads of them were brought into the 
Port of London, but in former years much more. The reason for 
the decrease was that the importers could not then get good money 



60 COLONIAL PAPERS. 

1696. 

to carry to Norway, but our silver being now new and coined, the 
imports will soon be as great as ever. New England could supply 
all these commodities much better than Norway, none but English 
ships would be employed in the traffic, and the commodities would be 
paid for by English manufactures. The price of these commo- 
dities is already lower in New England than in Norway, and if the 
place that is designed be chosen for the trade the price will be 
lower still. Tar and pitch alone are not yet got into perfect trade 
in New England. Owing to the length of the voyage and 
the danger from French and Indians the first adventures in 
supplying stores from New England need assistance and encourage- 
ment. It is therefore proposed that the King should grant a certain 
tract of the land which he has reserved, with a charter of 
incorporation, to those who will adventure in that trade, that they 
may have power to govern and protect their workmen ; that he 
should grant them also a garrison sufficient to curb the French and 
Indians there, iind that Parliament shall admit the goods free of 
duty and give a bounty of 20 a ton on them. There are persons 
ready to subscribe the necessary money and to embark on the 
venture immediately. It may be objected that those commodities 
cannot be brought from New England as cheaply as from Norway, 
and this is confessed. But on the other hand great advantage will 
accrue to England from the number of great ships that will be 
employed, the consequent increase of seamen, the enlarged demand 
for English manufactures in New England and the saving of 
money which is now sent to Norway. The place designed for the 
settlement of this trade is also one of the best places for a fishery in 
America, where more men could be employed in the fishing trade 
than in Newfoundland. For these reasons the adventurers hope 
that the King and Parliament will grant them what they ask, also 
convoys for their ships, and liberty to employ foreign seamen while 
the war lasts. Moreover, if this trade with New England be not 
promoted the people there will be obliged to manufacture their own 
cloth (as has been lately done in Ireland), whereas in the time in 
which they could make so much cloth as they could purchase of the 
company for thirty shillings, they might get timber enough in the 
woods to sell to the company for four or five pounds. Signed, 
Jahleel Brenton. 2J pp. Endorsed, July 31, 1696. [Board of 
Trade. New England, 8. No. 16 ; and 36. pp. 17-21.] 

[July 31.] 122. A collection of papers in reference to the matter of Sir 
Matthew Dudley and Company's case (see No. 99). 

122. i. Copy of the letter of the Governor, Council and 
Assembly of Massachusetts of 15 June, 1694. Already 
abstracted under date in a former Volume. 

122. n. Copy of the offer of the Lieutenant-Governor and 
Assembly of Massachusetts to provide naval stores for 
the Royal Navy. | p. 

122. in. Extract from the instructions given to the Agents of 
New England. Ordering them to prevent the passing 
of the charter of Sir Matthew Dudley and Company, if 
the attempt to pass it should be renewed ; also to repre- 
sent it as a grievance that Mr. Brenton has nretended 



AMERICA AND WEST INDIES. 61 

169(5. 

to hold an office for entering and clearing of ships in the 
province, the Council and Assembly being ignorant of 
any law that warrants the same, and having appointed 
an officer of their own for that purpose, and to beg 
that the grievance be redressed. All the above documents 
endorsed, Presented by Sir Henry Ashurst. 31 July, 1696. 
[Board of Trade. New England, 8. No. 17 i.-m. ; and 
(No. i. only) 36. pp. 14-17.] 

July 81. 123. William Popple to William Bridges. Asking for any 
papers in his hands relative to Governor Russell's particular 
business, as the Council of Trade has not yet been able to take 
over all the records of the Plantation Office. [Board of Trade. 
Barbados, 44 A. p. 2.] 

July 31. 124. Minutes of Council of Jamaica. The warrants for 
admission of Edward Broughton, Charles Chaplin and Thomas 
Ayscough to the Council were read and the two former were sworn. 
A petition of Usher Tyrrell referred to a Committee of two members 
for report, as ordered by the Council of Trade. Orders for pay- 
ments. Order for the roll of the Acts approved and disallowed by 
the King to be entered in the Council-book. [Board of Trade. 
Jamaica, 79. pp. 12-13.] 

July. 125. Representation of the Council and Assembly of Barbados. 

Our land, by long tillage and being every year opened and exposed 
to the violent heat of the sun, is become so barren that it will not 
produce sugar-cane unless forced by great quantities of dung and 
other extraordinary husbandry and labour, which requires double 
the number of negroes, cattle, and horses that were needed when 
the land was fruitful. These cannot now be procured for less than 
double their former price, and all other materials and expenses in 
making sugar are also doubled. Many of the best plantations, 
which once made great quantities of sugar, now make little or 
none, and near fifty other plantations are ruined and discontinued. 
One-third of the sugar-cane land lies waste and over-run with 
weeds, which is lamentable to the owners and to all who remember 
its former flourishing state. Consequently one-third less of sugar 
is made, one-third less of English manufactures bought, one-third 
less of shipping employed. Some years ago we had near 70,000 
negroes in this Island, but it now appears by the poll-tax that there 
are but 42,000. This want of negroes is one of the fatal causes of 
the impoverished condition of the Island, and this diminution of 
our negroes is caused by the short supplies and ill usages of the 
Royal African Company, who for many years past have not supplied 
us with half the negroes that we require, while the few that are 
brought here are sold only at exorbitant prices (they having the 
monopoly of that trade) and at immediate payments, whereas in 
former times planters could be trusted on much easier terms, both 
of price and time. Negroes were then 15 a head ; they are now 
30. But the greatest occasion of reducing the Island was an addi- 
tional duty imposed upon sugar in the reign of King James, which, 
with the other duties and charges in making and transporting sugar, 
devoured almost the whole proceeds and left most of us ruined or 



62 COLONIAL PAPEES. 

, \ 

1696. 

deeply indebted. Of late we have had great losses by storms, 
but much greater by French privateers, who in less than twelve 
months h/ive taken from us more than fifty sail of laden ships, over 
and above two hundred vessels trading to and from the Island. 
These losses have discouraged ships from coming to the Island so 
much that freight is risen from 5 to 25 per ton, insurance from 
8 to 20 guineas per cent., salt beef and pork from 25 shillings to 70 
or 80 shillings per barrel, salt fish from 10 shillings to 25 shillings 
per quintal and all other commodities in like proportion ; so that 
though the value of sugar may be much increased yet all is eaten up 
by increase of charges. Our great losses at sea are the only cause 
of the present rise in sugar. These scarcities have forced many of 
the poorer planters to remove to North America, so that we cannot 
now hire a carpenter or other artificer under five shillings a day, 
nor overseers under from 50 to 100 a year, which is treble the 
rate formerly given. The buildings in the plantations are greatly 
decayed and cannot easily be repaired for want of workmen and 
timber, there being little left of the Island's growth and very little 
imported, which raises the price to excess. Since the war we 
have been at vast expense to preserve, the King's island, and have 
contributed at least an equal share with any other of his dominions. 
We have entrenched great part of the island with ditches and breast- 
works, and we have repaired our pits and batteries ; we maintain 
twelve regiments of foot and two of horse, besides a troop of life- 
guards ; we allow free quarters to Governor Eussell's Regiment ; 
we furnished two regiments to assist Sir F. Wheler in his expedi- 
tion against Martinique, which with cost of transport-ships have cost 
us over .30,000, besides other assistance and supplies sent to 
the Leeward Islands. We have set out at our own charge some 
small ships of war to secure our provision-ships from 
French pickeroons, which infest our coast and are too nimble for 
H.M. ships. Had these provision-ships been all intercepted, as 
many were, we should have starved ere now. The suppression of 
an intended rebellion of negroes cost us many thousand pounds, 
and besides all this and the Customs our sugars pay in England, 
we pay here 4J per cent, to the Crown for all exported produce, 
from which Jamaica is exempted. From all these calamities it is 
manifest that this Island is in a most languishing condition, and 
without your favour with the King and Parliament will be reduced 
to its first desert and solitude. What we beg is : (1.) That the 
African trade may be thrown open to all subjects of the King, or 
managed by a regulated Company, like the Turkey Company, that 
we may have a sufficient supply of negroes at cheaper rates than 
have of late been imposed upon us. (2.) That our sugars may be 
rescued from further tax or burden, or we must abandon our estates, 
and thus the profitable sugar trade, which has been so long in the 
power of England, employs near two-thirds of English shipping, 
and maintains (according to the ingenious Sir Josias Childe) 
200,000 men in England, will fall into the hands of foreign nations. 
(3.) That during this war we may be furnished with convoys for 
two fleets yearly, out and home, which will preserve the King's 
Customs and our adventures. If you will appear for us in these 
three particulars you will render great service to us, and put us to 



AMERICA AND WEST INDIES. 68 

\ 

1696. 

everlasting obligation. Twenty-six signatures. 3 pp. Endorsed, 
Made about July, 1696. Eecd. from the Agents 2 Nov. Read 
6 Nov., 1696. A short abstract is attached. [Board of Trade. 
Barbados, 7. No. 6 ; and (abstract only) 44A. pp. 29-31.] 

Aug. 8. 126. Journal of Council of Trade and Plantations. The 
Secretary reported that no incident money could be had for a 
fortnight. Order for the delivery of the records as soon as the 
rooms shall be ready. Mr. Randolph attended on the subject of 
Admiralty Courts in the Colonies, but desired that the Council 
would first come to a resolution as to a settlement of the Proprietary 
Colonies, as the businesses depended on each other. Mr. Brenton's 
proposals read. [Board of Trade. Journal, 9. pp. 31-33.] 

Aug. 3. 127. William Bridges to William Popple. I have no papers 
Canewood. relating to the business that you write of except a copy of the Act 
for the last present to Colonel Russell, which I send herewith. It 
does somewhat express the sense of the Council and Assembly for 
his care and good government, but it is more amply done by them 
in an address to the King sent by the last ships, which perhaps 
encouraged Mr. Russell to hope for the accommodation that he 
desires. But if the Council of Trade shall not think fit to recom- 
mend permission to him to receive such a present as the country 
shall make during the war, I beg you, on his behalf, to move for a 
report on the Lords Justices' reference now before them, that so 
application may be made for a warrant to receive the present 
mentioned in the aforesaid Act, such favour having never been 
denied to any Governor. Sigurd, Wm. Bridges. 1 pp. Endorsed, 
Reed, and read 5 Aug., 1696. [Board of Trad?. Bardados, 7. 
No. 7 ; and 44A. pp. 2-3.] 

Aug. 4. 128. Minutes of Assembly of Nevis. The address to the 
Governor in Chief representing the Island's grievances was unani- 
mously passed, in twelve articles. (1) That the Assembly has not 
met for eight months, so that runaway negroes could not be 
appraised. (2) That the Council has usurped the Assembly's 
privileges and obstructs business (see No. 115). (3 That John 
Palmer caused the secession of the Council so as to put a stop to 
business. (4) That no articles of war can be passed. (5) That 
good officers are displaced and men made over to privateers. 
(6) That the Treasurer has given no security and (7) that he can- 
not be re-appointed, though his time is expired. (8, 9) That neither 
the Secretary nor Provost Marshal have given security. (10) That 
Charles Pym was complained of by last Assembly. (11) That the 
Island suffers from many grievances. (12) That Samuel Gardner is 
a gentleman of great merit and should be relieved from the restric- 
tions placed on his authority. [Board of Trade. Leeward 
Islands, 64. pp. 380-385.] 

Aug. 5. 129. Journal of Council of Trade and Plantations. The 
Secretary made further report as to the delivery of the records, and 
as to the incident money for the office. The Secretary was ordered 
to draw up a representation as to the present to Governor Russell 
(see 10 August), to remind the Navy Board as to the report required 



64 COLONIAL PAPEES. 



1 pofi 

of them, and to draw up a scheme of enquiries for the Commis- 
sioners to be despatched to America on the question of naval stores. 
[Board of Trade. Journal, 9. pp. 34-37.] 

Aug. 7. 130. Governor Sir William Beeston to Lords of Trade and 
Jamaica. Plantations. This goes by the Hampshire, which not being got 
clear away on the 27th of July now takes charge of the convoy. 
By the fleet I have received yours of 13 February and 15 April, 
with the Act therein mentioned and other instructions as to 
Navigation. I hope you will not be offended when I say that it is 
apparent to all who know these parts that since they cannot be 
furnished with necessaries by strangers and are not furaished in 
any measure proportionally to their wants by their native country, 
it must discourage these countries and make them sink. For 
when people cannot live easily they will endeavour to move 
to places where they can live with more satisfaction ; and 
this is the true case of this Colony now, for there come 
not from England necessaries enough to furnish the people's 
wants, nor ships enough to take away their produce. Thus though 
since I have been here I have not only taken all possible care 
myself, but have commanded and excited the same care among 
officers of the Customs and others to see that the laws of Trade 
and Navigation are strictly kept, and though I shall always do so 
while I am in the King's service, yet people's necessities put them 
on invention, and in spite of all our diligence they have sometimes 
landed goods from Curacoa. It is impossible to help it in this 
great Island, where there are so many harbours and bays, and so few 
people to watch them. It is impossible to find officers to observe all 
these places, so that though I had information of the landing of a 
parcel of soap from Curacoa, we could not detect it; and the reason 
that put the people in that hazard was that soap cost 7s. 6d. the 
pound; and indeed all thini/s arc very dear for want of supplies from 
England, so that people are not able to subsist, and unless some other 
measures be taken for the support of the Island, the people will leave 
it. I hope I shall not see any of the French ships, but if they do 
come I shall do the utmost of my duty against them. Signed, 
Wm. Beeston. Postscript. The clearness of all things and the 
wants the people are under oblige them to assist and countenance 
all importers. Postscript. I have received all the Acts confirmed, 
except that against engrossing, which here was judged most 
material, because a few moneyed men buy up wholesale all the 
provisions as fast as they arrive, and then make the country pay 
fifty per cent, for them, which is a great grievance. The people 
think it hard too that after all the trouble and expense of calling 
an Assembly, a law should be rejected on the bare opinion of one 
or two in England who have nothing to do with it, and say that 
people in England cannot so well know the reason for making a law 
as those who make it. Holograph. % p. Endorsed, Eecd. and 
read 24 Nov. 1696. Answd. 12 Feb. 1696-7. A short abstract is 
attached. [Board of Trade. Jamaica, 8. No. 15 ; and 56. . 46- 
48.] 

Aug. 7. 131. Journal of Council of Trade and Plantations. A repor 
as to trade with Sweden was read. The Earl of Bridgewater on 



AMERICA AND WEST INDIES. 65 

1696. 

behalf of the Privy Council asked the Board as to its progress in 
settling the matter of Admiralty Courts in the Colonies. Mr. 
Randolph also urged the despatch of the business, and the Secretary 
was ordered to draw up a representation concurring with that of 
the Commissioners of Customs, and recommending the appointment 
of the officers suggested by Mr. Randolph. [Board of Trade. 
Journal, 9. pp. 37-43.] 

Aug. 7. 132. Minutes of Council of Barbados. This morning at 

three o'clock Colonel Francis Russell departed this life. The 
Council therefore met, and Francis Bond as President assumed the 
administration of the Government, and both he and the rest of the 
Council were sworn. Order for the late Governor's closet with his 
papers, etc., to be sealed up. Order for the Colonels of Militia to 
raise one company for duty every night and for H.M.S. Newcastle 
to cruise to windward for fifteen days. 

Aug. 8. Order for a Committee of Council to bring the late Governor's 
papers and plate to the Council Chamber. Resolved that the 
Assembly called by the late Governor is still an Assembly. Ordered 
that all petitions be in future determined in the Courts of Justice 
and not by the Governor and Council. [Board of Trade. 
Barbados, 65. pp. 117-121.] 

Aug. 10. 133. Journal of Council of Trade and Plantations. The 
Secretary reported that he had received a further list of names for 
officers of the Admiralty Courts in the Colonies from Mr. Randolph, 
and was ordered to draw up a representation (sec No. 140). A 
report from the Navy Board as to naval stores was received. The 
representation as to Governor Russell's present was signed. 
[Board of Trade. Journal, 9. pp. 43-45.] 

Aug. 10. 134. Council of Trade and Plantations to the Lords Justices 
of England. We recommend that leave be granted to Governor 
Russell to accept a present of ,2,000 from the Assembly of 
Barbados. We defer any recommendation as to his request to 
accept all presents thus made to him till we can examine the records 
of the Plantation office. Signed, J. Bridgewater, Will. Trumbull, 
Cha. Montague, Ph. Meadows, John Pollexfen, John Locke, 
Abr. Hill. [Board of Trade. Barbados, 44A. p. 3.] 

Aug. 10. 135. Journal of Governor Fletcher's visit to Albany in 
August, 1696. On the 31st of July arrived intelligence that the 
French were on their march against the Five Nations. On the 2nd 
of August arrived intelligence that the French were in the Indian 
country, and that the inhabitants of Albany were apprehensive of 
their marching against that garrison ; and at the same time came 
a letter from the Privy Council advising of preparations made by 
the French against some part of America. The Governor gave 
orders for the guns and batteries to be put in order, and about noon 
took his departure for Albany. On the 7th of August he arrived at 
Albany, and called a Council of such gentlemen and officers as 
were on the frontiers. The Governor then made the following 
speech : As soon as I had certain notice from you that the enemy 

28181 E 



66 COLONIAL PAPERS. 

1696. 

had marched into the country of our Indian friends, and by the 
number of their forces seemed to threaten this place and Senectady. 
I made all the haste that I could to your assistance, losing no more 
time but while I wrote to Connecticut and the Jerseys for such 
supplies of men as I conceived necessary. Having at the same 
time received a letter from the Privy Council of French designs 
against America, I could not reasonably draw forces from New 
York, nor could I be well spared from it myself. Still by advice 
of the Council I am come up with part of my own company, and 
desire your advice for your own safety, and for securing the fidelity 
of the Indians and renewing the covenant. I propose to send 
thirty of my own company and twenty of the three companies here 
into the Indian country to cover the Indians' retreat. Speech ends. 
The Council were of opinion that, the French being retreated, this 
movement would be an unnecessary expense ; and on their advice 
the Sachems of the Oneidas were sent for and condolence made 
with them for their losses. The Council further advised that the 
Councillors present, with the officers and the principal inhabitants, 
should meet and consult with the chief Indians then in town about 
the properest method for bringing back the Indians that are fled, 
and settling them again in their covenant ; and should report to the 
Governor on the matter. This the Governor ordered and approved ; 
and the Council delivered the following report. We have consulted 
the chief Indians in town as to the best means of bringing back the 
Oneidas and Onandagas who are fled. We are informed that it is 
now twelve days since the French retired from the Indian country, 
that the Senecas and Cayonges are still undisturbed, and that the 
Onandagas and Oneidas have both burned their castles and fled out 
of reach of the enemy. Great part of the Oneidas and Onandagas, 
as also of the Maquas, have come in hither for relief. We cannot 
see that it would be of any service to send any great body of men 
now to the Upper Nations, who are seated at a distance from hence, 
nor can any men be spared from hence, there being only the three 
established companies, the detachment of your own company, and 
a few inhabitants in garrison, which we judge to be little enough 
for the defence of the place. But we think it absolutely necessary 
that small parties should be frequently sent out to clear the coast 
from such small troops as may come to annoy the adjacent farms 
during harvest. As to bringing back the fugitive Indians and 
resettling them in the covenant, we recommend (i) that trusty 
Indians be sent to the Senecas and Cayonges in their castles, and to 
the Onandagas that are fled, to tell them that the Governor, on the 
first news of the French invasion, came up to Albany to their 
assistance, (ii) That the Governor on arriving learned that the 
French had retired from the Indian country, (iii) That it is 
hardly possible to have a meeting with all the brethren of the Five 
Nations to consult with them as to the common good and to 
deliver them the presents which have been sent by the King, (iv) 
That you therefore appoint the brethren to meet you at Albany on 
this day two months, or if that be too soon to collect the 
Onandagas, that the Onandagas shall consult with the Senecas and 
Cayonges to fix a time, and that the Maquas and Oneidas be 
acquainted thereof, Dated, 8 August, 1696, 



AMEEICA AND WEST INDIES. 67 

1696, 

Here follows copy of a commission and instructions to Peter 
Schuyler, Godfrey Dellius and Dirck Wessells to confer with the 
Five Nations, according to the recommendations of the Council ; 
the sum of 100 being lodged with them for their expenses. Dated, 
10 August, 1696. Copy. 5^ pp. Endorsed, Bead April 9, 1(598. 
[Board of Trade. New York, (5. X<>. 47.] 

Aug. 10. 136. Minutes of Council of Massachusetts. Order for pay- 
ment of 6 to Thomas Fitch for repair of the chairs in the Council 
Chamber. The Act of Parliament for regulation of the Plantation 
Trade was published. 

Aug. 11. Captain Paxton and other prisoners having arrived and reported 
that the French men-of-war in the Bay of Fundy were of consider- 
able force, and that a body of 600 or more French were at Pema<uiid 
and had taken the fort there, Ordered, that a land force he raised 
to repel the enemy, that H.M. frigates Arundel and Orford be at 
once joined by a good ship, to be hired and fitted out, and by the 
galley and a h'reship, and that H.M.S. Sorlings be also desired to 
join them. The ship Prudent Sarah was accordingly hired for the 
King's service. [Board of Trade. New England, 49. pp. 40-41.1 



Aug. 10. 137. Minutes of Council of Barbados. Petition of Jonathan 

Langley for administration of the late Governor Russell's estate, if 

no will of his be found. 
Aug. 11. A letter to the Council of Trade and Plantations was sent in 

H.M.S. Jersey by way of the Leeward Islands. [Board of Trade. 

Barbados, 60! pp. 122-123.] 

Aug. 11. 138. President and Council of Barbados to Council of Trade 
Barbados. anc i Plantations. Governor Eussell died on the 7th inst. 
Immediately on his decease the Council met and assumed the 
Government, the senior member, Mr. Francis Bond, being President. 
We issued proclamations to continue all officers in their posts, and 
then took the necessary oaths. Your letter of 20 April, giving 
warning of French designs upon these parts, was communicated to 
us by the late Governor, and we have also advice from Governor 
Codrington of a proposal made to the French King by Sir Thomas 
Montgomerie for attacking this Island with 5,000 men. We shall 
therefore make every preparation for defence (and we hope that the 
Assembly will assist us), and if we be attacked we hope to make 
such a defence as will satisfy the King of our loyalty. We are 
providing a vessel to give you a full account of our proceedings to 
the time of her departure, but as the Commander of H.M.S. Jersey, 
who brought Governor Codrington's letters, is anxious to return to 
the Leeward Islands at once, we send this letter by that way. The 
fleet that arrived with the Newcastle is loading apace, and will be 
ready to sail in thirty days, when they shall be despatched all 
together. Signed, Fran. Bond, John Hallett, John Gibbes, Edw. 
Cranfield, John Farmer, Richard Salter, Geo. Lillington, Geo. 
Andrews, Jno. Bromley, Wm. Sharpe, Pat. Mein, Tob. Frere. 
An abstract is attached. 1J pp. Endorsed, Eecd. and read 
30 Oct. 1696. Answd. 23 Nov. 1696. [Board of Trade. Barbados, 7- 
No. 8 ; and 44 A. pp. 17-19.] 



68 COLONIAL PAPERS. 



1696. 

Aug. 11. 139. Minutes of Council of Virginia. Address of the 'clergy 
at their general meeting read, and referred for further consideration. 
The Governor laid before Council a letter from the Commissioner 
of Customs, dated 9 January last, with the orders that he had 
prepared thereupon ; on which the Council was of opinion that 
nothing further could be done. Order for the Attorney General 
to report as to the ship Resolution, captured by the French but 
driven by distress to surrender in Virginia, and now taken by 
Captain Halbart of H.M.S. St. Albans, prize. Order for lodgment 
in the magazine of the stores of war received from England. 

Aug. 1'2. The Clerk of Council being indisposed, Robert Beverley was 
sworn and admitted as Clerk extraordinary. The Governor reported 
that he had acquainted Mr. Blair of his restoration to the Council, 
who had answered that he had been sick and could not yet venture 
abroad. The address of the clergy was therefore again deferred to 
later consideration. A letter from the Privy Council of 20 April was 
read, giving warning of a French design against America. The 
Governor reported that he had already ordered the militia to be in 
readiness, and the Council urged that the King's favour be published to 
excite the people to vigorous defence. Another letter from the Privy 
Council was read, relating to an Act passed in Scotland for a 
Trading Company to Africa and the West Indies, and another from 
the Commissioners of Customs as to the Plantation Trade, which 
were ordered to be recorded in the Council-books and observed with 
all care. Order for publication of the Act of Parliament for 
regulating the Plantation-trade. The Governor laid before Council 
the King's order of 1 May, 1695, for charging a part of the 
Province's debts against the quit-rents. Warrants were ordered 
accordingly. Order for dissolution of the Assembly and for writs 
to call a new one on 24 September. 

Aug. 13. On the report of the Attorney-General, Mr. Auditor Bird was 
ordered to take charge of the ship Resolution for the King's interest 
and service. Order for the Attorney-General to enquire as to the 
reports that, notwithstanding all restrictions, patents for land have 
been granted in Pamunkey Neck and south of the Blackwater. 
[Board of Trade. Virginia, 58. pp. 38-37.] 

Aug. 12. 140. The Council of Trade to the Lords Justices of England. 
We forward a representation from the Commissioners of Customs, 
and in concurrence with them we recommend that Commissioners 
be appointed to administer the oaths required by the Act for regu- 
lating the Plantation Trade to the Governors of the Proprietary 
Colonies. Signed, J. Bridgewater, Ph. Meadows, John Pollexfen, 
John Locke, Abr. Hill. [Board of Trade. Plantations General, 84. 
pp. 26-27-] 

Aug. 12. 141. Journal of Council of Trade and Plantations. The 
representation of this day's date was signed (see preceding abstract). 
A report as to trade with Norway was read. Mr. Randolph promised 
to draw up a paper as to the irregularities in trade committed 
in the Colonies. Further instructions were given as to the repre- 
sentation respecting Admiralty Courts in the Colonies, 



AMERICA AND WEST INDIES. 69 

1696. 

Aug. 18. The representation of this day's date was signed (sec next abstract). 
A paper as to the naval stores brought by Sir Henry Ashurst and 
Sir Stephen Evans was read, and Sir Henry was ordered to attend 
on Monday next. 

Aug. 14. A petition from Samuel Allen was read (see No. 145), when he 
was ordered to bring his patent of Propriety. He said that he had 
long ago contracted to furnish naval stores, but had sold his right to 
Mr. Taylor, and that he had never heard complaint of the quality of 
the timber. He also gave further information as to timber, naval 
stores and mines in New Hampshire. Sir Henry Ashurst was then 
called, who also gave information as to timber and naval stores in 
New England, attributing the present high prices to the war. He 
gave evidence as to the excellence of the timber, though the Navy 
Board had condemned it, and added that it was finally ordered for 
two representatives of the Board and two appointed by himself to go 
to America and report on the subject, [Board of Trade. Journal, '.). 
pp. 45-56.] 

Aug. 13. 142. The Council of Trade to the Lords Justices of England. 

Whitehall. I n compliance with your request, we state our opinion that the 
erection of Admiralty Courts in the Colonies will conduce to the 
due execution of the penal laws for the good of the Plantation 
Trade. Signed, J. Bridgewater, Ph. Meadows, John Pollexfen, 
John Locke, Abr. Hill. [Board of Trade. Plantations General, 34. 
pp. 27-28.] 

Aug. 18. 143. Minutes of Council of Massachusetts. Order for re- 
funding A'100 to Eliakim Hutchinson, advanced by him towards 
subsisting the land-forces. Advised that Captain Ernes of H.M.S. 
Sorlings, having orders from the Admiralty to convoy the mast- 
ships to England, receive positive orders to join the present 
expedition by sea. [Board of Trade. New England, 49. p. 42.] 

Aug. 13. 144. Minutes of Council of Barbados. The opinion of the 
law-officers was desired as to the legality of Mr. Mein's being of the 
Council, he being a Scotchman, under the new Act for regulation of 
the Plantation Trade. Orders as to letters and vessels arriving at 
the Island. The Assembly was informed that they were still an 
Assembly, and letters from Whitehall concerning the preparations 
of the French were communicated to them. The Council recom- 
mended to them to raise a fund for the purchase of arms and repair 
of the forts, and to take measures for the interment of the late 
Governor, whose body was laid in a leaden coffin and laid in a 
vault by his wife's on the night after his death. Kesolved to send 
an address of congratulation to the King and to despatch an advice- 
boat to England. Bill for speedy supply of arms sent to the 
Assembly. 

Aug. 14. The law-officers gave their opinion that Mr. Mein, though a 
Scotchman, may sit in the Council. Order for holding a Court of 
Chancery and for hearing of causes therein. Order for the Presi- 
dent to execute the office of Ordinary until further notice. Order 
for appraisal of a French prize. The Assembly attended and 
brought up proposals that orders should be given as to the service 
of retired neld.-officers in the Life-Guard, to call all hired servants 



70 COLONIAL PAPERS. 

1696. 

to their homes, for the publication of the new Act as to white 
servants, for money not to be accepted from ships in lieu of powder- 
dues, for the late Governor's guard at Fontabelle to be transferred 
to Hole Fort, and for the public gauger of the ships to perform his 
duty strictly. In reply to the Council's proposals the Assembly 
delivered a paper as follows : (1) Part of the money from the 
four shillings per poll bill is appropriated to defence. (2) We 
propose the appointment of Commissioners for purchase of arms, 
etc., also (3) that Commissioners inspect a direct repair of the 
forts, that every foot-company meet for exercise every Wednesday 
and Saturday, and that arms and ammunition be lodged near the 
alarm-posts. (4) The question of the Governor's funeral is referred 
to a Committee. (5) An address should be drawn by the Committee 
of Correspondence. (6) All ships that are ready within so short a 
time should be allowed to sail ; gunsmiths should be restrained 
from all other work but the repair of defective arms ; the proclama- 
tion for encouragement of the soldiers should be published, and 
vacancies of officers in the militia should be filled as speedily as 
possible. [Board of Trade. Barbados, 65. pp. 123-127.] 

Aug. 14. 145. Petition of Samuel Allen to Lords of Trade and 
Plantations. Thomas Davis desires to quit the post of Secretary 
of New Hampshire. I beg for the appointment of Charles Story 
in his place. p. Endorsed, Aug. 1,4, 1696. [Board of Trade. 

New England, 8. No. 18.] 

Aug. 15. 146. Extract of a letter from Boston. Last Monday two 
Boston. Frenchmen arrived with a nag of truce and prisoners for exchange, 
namely Captain Paxton, Mr. Chub, captain of the Pemaquid Fort, 
and others. They gave an account that on the 6th inst. there 
appeared before Pemaquid the two French ships that took Captain 
Paxton, 600 Indians, and 100 French with bombs, mortars, 
field-pieces and other implements of war. They shot three bombs 
but did no execution. They raised a battery and summoned them 
several times to surrender, saying that they were Christians and did 
not desire Christian blood but that if the garrison did not surrender 
it would get no quarter, as they could not prevent the heathen 
from entering and destroying them all. The French, with a flag 
of truce, desired the captain of the fort to send some of his men to 
view the force against him, and when the English saw the prepara- 
tions they thought it vain to stand out. So they surrendered the 
fort to the French, on condition that they could have what they 
carried out on their backs. Last Wednesday Saco Fort was 
besieged, and it is believed the Indians have dispersed themselves 
into several parties. 

Extract of a letter from Salem. Colonel Gidney marched with 
500 men towards Piscataqua to attack the enemy. A sloop arriving 
to-day at Marblehead reported that about six weeks ago they were 
at Petit Guavos when there arrived seven capital ships of war, of 
from sixty to seventy guns. Sixteen more were expected, the 
forerunners of which came in on the day of their sailing. Seven 
ships of war and seven privateers went to bombard St. Domingo, 
but were beaten off. The French ships of war and privateers 



AMERICA AND WEST INDIES. 71 

1696. 

are reported to number thirty sail. Their design is unknown. 
Note. " What follows was sent to the Board by Mr. Secretary 
Trumbull, in addition to the foregoing." Next Monday it is thought 
that our fleet sails to meet the -two French men-of-war, and 
Captain Paxton's ship, which they have refitted. Our fleet consists 
of three men-of-war from England, Captain Gillam of Boston, a 
fireship and one galley. This morning Captain Morris came to 
town, who was in the sloop from Petit Guavos. He confirmed the 
news from thence, and stated the French ships at twenty-two of 
from sixty to ninety guns. It was given out that they had a design 
on Jamaica, and would he able to land eight or ten thousand men. 
%$ pp. Endorsed, Reed, and read 20 Nov. 109(5. [Boar/I <//' T rente. 
New England, 8. No. 19 ; and (in part) 36. p. 52.] 

Aug. 17. 147. Journal of Council of Trade and Plantations. An invoice 
sent by Sir Henry Ashurst, and a paper from Mr. Randolph (an- lim 
following abstracts) were received. [Board of Trade. Journal, 9. 
pp. 56-57.] 

[Aug. 17.] 148. Invoice of the first cost of Naval stores imported by 
Sir Henry Ashurst. Total east, i'697 16s. 10</. i p. Endorsed, 
Aug. 17, 1696. [Board of Trade. New England, 8. No. 20.] 

[Aug. 17.] 149. An account of several things whereby illegal trade is 
encouraged in Virginia, Maryland and Pennsylvania, with methods 
for preventing the same, submitted to the Commissioners of Customs 
by Edward Randolph. (1) The ignorance, remissness or connivance 
of Collectors permits masters of vessels and others to import goods 
and load tobacco under forged certificates. Some are traders who 
hold offices of trust and profit under the Government. (2) The 
Naval officers accept persons of little or no estate as security for 
masters of vessels who sail direct to Scotland, yet when these 
produce forged certificates the forfeited bonds are discharged. (:i) 
There is a general partiality of Courts and juries in all causes 
relating to the Crown, of which some, as in Virginia and Pennsyl- 
vania, are not legally qualified. (4) There is no penalty by law 
upon Fob-masters, nor upon masters who produce forged certificates 
and cockets, nor upon the persons who forge them. (5) The 
people on the Eastern shore of Virginia, Maryland and Delaware 
River, Scotsmen and others, have great stocks lying by them to 
purchase tobacco, and prepare a loading ready to be put aboard any 
vessel. The master assists to get the goods ashore before the 
vessel is entered, which are disposed of among the goods ashore. 
The vessel lying in some obscure creek forty or fifty miles from 
the Collector's office is presently loaded, and sails away undisturbed. 
(6) Collectors permit vessels, entered outwards to other places than 
the plantations, to trade in the plantations, without certificates that 
they have given security. (7) Collectors allow Scotchmen coming 
by way of Berwick or Whitehaven to the plantations, to land with 
a considerable quantity of goods, which they dispose of in a ped- 
dling manner by running small boats from creek to creek. (8) 
Masters are not prosecuted on forfeiture of their plantation-bonds, 
nor vessels upon breach of the Acts of Trade, unless they come to 
the plantation where the offence was committed. (9) Fob-masters 



72 COLONIAL PAPERS. 

1696. 

not worth five pounds apiece are permitted to trade if they produce 
no more than a cocket from England. (10) Collectors never board 
vessels on their first arrival to ascertain their qualifications. (11) 
They suffer vessels carrying provisions in cask to load in any river, 
no matter how distant from the office, whereby great quantities of 
tobacco are put up in cask or carried to the plantations. (12) 
Governors permit privateers of all nations to be masters and 
owners of vessels. 

To prevent these evils I propose (1) That three or four active 
Custom-house officers be sent, with salaries, to the districts where 
illegal traders chiefly resort. (2) That no enumerated commodities 
be exported from the plantations till bond be first given and certifi- 
cate produced, and Governors should be subjected to the penalty of 
, 1,000 and forfeiture if they take insufficient security. (3) Courts 
of Exchequer should be established with Judges and Attorney- 
Generals appointed by the Crown ; appeal to lie to the Governor in 
Council, and from thence to the King in Council. (4) Fob-masters 
and those producing forged certificates should be liable to twelve 
months' imprisonment and forfeiture of the ship and cargo, and 
forgers to imprisonment for life. (5) Landing of goods before entry 
made should be punished by a fine of 200, and persons assisting 
to laud should be punishable by fine and forfeiture of boats, etc. 
(6) Ships from England to the Colonies should bring a printed 
certificate that bond has been given, or otherwise shall not be per- 
mitted to load. (7) Scotsmen coming from Whitehaven with goods 
should be accounted aliens according to the Act of 12 Car. II. 
(8) All masters of vessels should be strictly prosecuted upon forfei- 
ture of their bonds. No fraudulent sale of a vessel for breach of 
the Acts should bar prosecution. Masters and vessels guilty of 
breach of the Acts should be proceeded against upon the copies of 
their bonds given in 1693 and 1694, (9) No English or Irish sub- 
ject should sail master or mate on a Scotch ship, on pain of forfei- 
ture of the ship and cargo. (10) Collectors and their deputies 
should board any vessel suspected to be unqualified, and the master 
if convicted should forfeit 500. (11) Ships carrying tobacco or 
provisions to other Colonies should be allowed to unload and load 
in two ports only in each of the Colonies of Maryland, Virginia and 
Pennsylvania. (12) No privateer should be admitted to any liber- 
ties or privileges in the Colonies until he has given at least 1,000 
security. 6 pp. Endorsed, Presented to the Commissioners of 
Customs, 16 October, 1695. Delivered to me [William Popple] 
17 Aug., 1696. Annexed, 

149. I. A paper submitted to the Commissioners of Customs 
by Edward Eandolph. 17 Aug., 1696. The object of 
this paper is to show that the Acts of Parliament made 
for encouraging and securing the trade to and from the 
Plantations to England have not been observed nor 
executed in the Proprietary Colonies, but that on the 
contrary all encouragement is there given to illegal 
trade. The chief end of granting these vast tracts of 
land to proprietors was doubtless to encourage the first 
undertakers to plant and improve them for the benefit 
of the Crown and to be subject to English laws and 



AMERICA AND WEST INDIES. 73 

1696. 

dependent on England. Great numbers of people are 
now seated in some of the proprieties, but have been 
long endeavouring to break loose and set up for them- 
selves, having no sort of regard for the Acts of Trade 
and Navigation and discountenancing appeals to the 
King in Council. The persons generally appointed by 
the proprietors to be Governors are men of very 
indifferent qualifications, parts and estates. Their 
maintenance is inconsiderable, which renders their 
Government precarious. They have power only (like 
civil magistrates in petty corporations in England) to 
make municipal laws with the consent of the people for 
their quiet and peaceable government. They are indeed 
only stewards and overseers, always liable to be turned 
out at the pleasure of their employers. The following 
is a report as to the present Governors of the pro- 
prietary Colonies in respect of the Acts of Trade. 

Bahama Islands. Mr. Nicholas Trott is Governor. 
The Islands have long been and are still a common 
retreat for pirates and illegal traders. Cadwallader 
Jones, the late Governor, made one Bouiton Collector, 
who entered and cleared vessels as he and the Governor 
pleased. In 169B the master of a Barbados ship, richly 
laden from Jamaica to London, ran his ship wilfully 
aground in the Islands, and he and his sailors divided 
the money and cargo. The Governor had his advantage 
from it. All appeals from their Courts lie to the Pro- 
prietors in England. 

Carolina. Mr. John Archdale, a Quaker, is deputed 
Governor, during his son's minority, who is one of the 
proprietors. Charlestown is free for trade to all from 
all places. They trade to Cura9oa, from which Holland 
manufactures are brought to Carolina and carried by 
illegal traders to Boston, Pennsylvania etc., the return 
trade in plantation commodities being passed through 
the same channels. About three years ago seventy 
pirates, who ran away with a vessel from Jamaica, came 
to Charleston with a vast quantity of gold from the Eed 
Sea. They were entertained, and had liberty to stay or 
go to any other place. The vessel was seized by the 
Governor for the Proprietors as a wreck and sold with- 
out regard to the Acts of Trade. The present Governor 
favours illegal trade, having given his permit to the 
master of a foreign vessel to trade, taking no notice of 
the Collector appointed by you. Here also appeals from 
the province lie to the Proprietors in England. 

North Carolina has sixty or seventy scattered families, 
but under no regular Government. One Jarvis was 
appointed Governor by Colonel Ludwell, without salary. 
The inlet of Currahtuck lies conveniently to ship off 
the tobacco grown in these parts to New England, etc. 
Eoanoke Inlet lies more southerly and open to the West 
India trade and ready to harbour pirates. 



74 COLONIAL PAPERS. 

1696. 

Pennsylvania. William Markham, a very infirm man, 
is Governor. Samuel Carpenter and John Goodson, 
both Quakers, are appointed to be his assistants, but 
refused to act. Nine vessels have gone from thence to 
Scotland direct, and the Custom-house has advice of the 
arrival of another. Several known pirates are allowed 
to live and trade there, trading chiefly with Cura9oa, to 
the great damage of honest traders. The inhabitants 
have lately made a stock of .20,000, to be managed in 
a joint trade. The Governor refused to grant me a 
special Court at Philadelphia for trial of a ship which I 
seized, but ordered the trial to be held at Chester, where 
I was cast, imprisoned, and had 46 damages given 
against me. Patrick Robinson, a Scotchman, is secretary 
and a fast friend to his countrymen. It is a great outlet 
to Maryland, from whence tobacco is brought overland 
to Scotland. There is a fort of seven guns at Newcastle, 
of which a trading Scotchman (being Major) has command. 

East and West Jersey. Andrew Hamilton, a Scotch- 
man, is Governor. There are several Scotchmen at 
Amboy. Mr. Brooke, Collector of New York, seized a 
vessel there for illegal trading to Scotland. 

Connecticut. Robert Treat is Governor. The people 
are mostly husbandmen, and carry their provisions to 
Boston and New York, but they are quite ready to carry 
prohibited goods to either place, as was lately done, the 
Governor taking little notice of it. 

Rhode Island. Caleb Carr, an illiterate person, was 
lately Governor. It is now a free port for pirates. 
Thomas Tew, a pirate, brought 100,000 there from 
the Red Sea in 1694. The place should be put under a 
regular Government. 

Nciv Hampshire. Mr. Samuel Allen is Proprietor, 
and William Partridge, a man of good estate, is 
Lieutenant-Governor. The trade is chiefly lumber and 
fish. It is the only place from which great masts are 
brought to England. 

From this it cannot be imagined that the Proprietors' 
Agents are fit people to execute the powers, in respect 
of the Acts of Trade, which are vested in the Governors. 
The Proprietors' Governors should be approved by the 
King and otherwise qualified as the late Act, to regulate 
the Plantation trade, directs. This will be no invasion 
of the Proprietors' rights. Lord Baltimore and Mr. 
Allen have their Agents in Maryland and New Hamp- 
shire, but the Governors are appointed by the King. 
Signed, Ed. Randolph. 2J pp. 

149. n. Record of the trial of the sloop Dolphin for illegal 
trading, at Newcastle, on 21 June, 1694. Verdict for 
defendant with damages, typp. 

149. in. Copy of Record of a Court held in Kent County, 
Pennsylvania, on 17 March, 1693, for trial of the sloop 
Dolphin. Verdict for defendant. 2 pp. 



AMEEICA AND WEST INDIES. 76 

1696. 

149. iv. Copies of William Markham's Commission for trial 
of the ship Dolphin at Chester, Pennsylvania, dated 
20 April, 1695 ; and of the petition of the master of the 
Dolphin for the trial of the ship. 2 pp. 

149. v. Copy of the Eecord of Edward Randolph's libel 
against the ship Dolphin. 16 April, 1695. 2J pp. 

149. vi. Copies of William Markham's Commission for trial 
of the ship Dolphin, 23 April, 1695, and of a deposition 
against the ship, 20 April, 1695. 1J pj>. 

149. vn. Copy of the record of the trial of the ship Dolphin 
on 30 April, 1695. Verdict for defendant, with damages 
and costs. Randolph's request to appeal was granted, 
but the ship was ordered to be discharged meanwhile. 
21 1>P . 

149. vni. Copy of a warrant for the arrest of Edward 
Randolph in Pennsylvania to answer a complaint of the 
master of the Dolphin. 2 May, 1695. i p. 

149. ix. Copy of the suit brought by the master of the 
Dolphin against Edward Randolph for .44 damages. 
II pp. 

149. x. Names of fifteen Red Sea pirates, who came to 
Pennsylvania from South Carolina in 1692, also of six 
merchants who trade thence illegally with Scotland. 
I p. 

149. xi. Information from Edinburgh, 6 July and 2 August, 
1696, of the arrival of ships from Pennsylvania in 
Scotland. J p. 

149. xn. Copy of the Order of Queen Mary in Council of 
9 August, 1694, for vessels to be hired to cruise off 
Maryland and Pennsylvania to check illegal trading. 
1 p. [Board of Trade. Plantations General, 4. 
Nov. 6, 6 i. -xn.] 

An". 17. 150. Minutes of Council of Massachusetts. The sailing orders 
for the cruise of the naval expedition were read and approved by the 
Council. [Board of Trade'. New England, 49. p. 42.] 

Aug. 17. 151. Minutes of Council of Barbados. The Assembly's 
proposals were considered. (Sec No. 144.) (1) Requires no 
answer. (2) Order for Colonel Salter and Major Lillington to 
be joined with three members of the Assembly for inspection of 
the magazine and report on the stores therein. James Hannay 
produced his patent as Provost Marshal, which was allowed. A 
joint Committee appointed to consider the Governor's funeral. 
The Assembly brought up an Address to the King for arms, a bill 
for a speedy supply of arms, and a bill for election of a vestry in 
St. Thomas. They then offered memorials as to the African 
Company, as to postponement of the Governor's funeral, as to a 
joint representation against the appointment of Sir Willoughby 
Chamberlayne to be Governor, and as to a meeting of the Com- 
missioners for the fortifications. 

Aug. 18. A conference held on the bill for speedy supply of arms. Bill 
for election of a vestry for St. Thomas passed. Colonel Salter and 
Major Lillington brought in their report as to the stores in the 



COLONIAL PAPERS. 



:- . 



.-,- : 



. 20. 



magazine. 4 
appointed. 



with tlm Apaitu m 

Bills as to the nulina and as to repair of the forte 
ban the Assembly, also propnialii that bat one gun be 
fired in future to answer Batatas, that the French prisoners be sent 
home, that die Ads passed this session be forthwith published, and 
that a despatch-boat safl forthwith with an imam* to the King. 
James Hannay sworn ma Provost ^irshl- Mr. Terrill sworn of 
air of trenches, to supplement die Militia 
s in die powder-duty passed. Bill for 
d returned. Jonathan Langley appointed 



Act. aod :: preve 
sapply : : im= am 
Administrator of 
t-2>:u:. 'B-^ni 



ernor's estate on giving security for 
Barbados, 65. pp. 127-132.] 



152. Ar: a.:-e>xm; of stores of war in die magazine at Barbados 
i :: cxien'IhTire or powder and arms from die same. [Board 

" " 



Barbados. 44 A. 



72-73." 



153. 



Min cites of Council of 
-- Agree-i thai 150. bei 
."-r .'.'-.' granted to the distress< 
'iisrrfonted amon^ ihe rr of St. ( 
L-- Committee bro^h; up tht 
r^ric'.n. which was approve*! a 

?*~ iiso" "-jL ' f^ jAT fi"r th^* \c' 
-- i.T enuir;rrmen; oi 
Jamaica. 79. s 



aka. Orders for sundry 

part of die King's bounty of 

inhabitants of Jamaica, be 

rge'sand St. Mary's parishes. 

report on Usher TyrrelFs 

ordered v to be sent home. 

Kesolved that the Assembly 

pproved by the King to be 

gaol at St. Jago de la Vega. 

~ 



154. 



raa 



ai 10 7?i.i-r Tfiih Holland 
Mr. Ccilron 10 er>nfimi his 51 
s^ i -rav^ in the reeonis of two 
cast in Pennsylvania. Mr. C 
as to :Le ~i*rtrg of Councillors 
c'^s ij*kiri;-f ajiv special oat 



ere ordered ;o 



Trade and Plantations. Evidence 

s heard. Mr. Eandolph brought 

tements in his paper of 17 August, 

trials in which he had been unjustly 

flton confirmed former information 

of Virginia and elsewhere as judges, 

. Mr. Heatheote and Mr. Gracedieu 



next meeting. ,_Board of Trade. Journal, 9. 



155. Commission to Thomas Gower to be Secretary of die 
ahama Islands Sigmtd, Craven, Bath (for himself and for 
ord Canere; . Wm. Thornburgh for Sir John Colleton. [Board of 
r*i'. Carolina. 4. p. 33.] 



Aug. 20. 156- Order o 
w^idalL die payment to G 
die Assembly of 
read 9 June, 1691 
p. 61.] 



e Lords Justices of England in Council. For 
nor RnnfifiH of the present granted to him by 

rbados Copy. \ p. Emdontd, Becd. and 
[Board of Tradt. Barbados, 7. So. 9 ; and 



157. Order of die Lords Justices of England in Council. 
Befening a report from die Council of Trade, together with a 
*mnril of die New York Agents, back to die Council of Trade 
for report. Sigm*d, TVm. Bridgeman. \ p. Annexed, 

157. i. Council of Trade to die Lords Justices, 7 July, 1696. 
We aidose a paper on die American Colonies which we 
have received from Lord Shrewsbury, ftitiAing that die 



AMERICA AND WEST DflHES. 
1696. 



letiiiiid to therein are of soeh importance as to 
pnndifr action than the yet unsettled state of 
our office enable* us to deliberate on and represent. 
Signed. J. Bridgewater. WilL TmmbulL Cha. Montague, 
Ph. Meadows, John Locke, Abr. HflL \ p. 
157. n. Copy of a memorial delivered by Cnarles PUsworth 
to William Blathwayt at the Ha^ue. - May. lf-*ff>. 
About the iMlA of March. 169-S-tf. I was creatly 
euunaaant widi Sir Thomas LaTirentt. and. as he had 
been appointed Secretary of Maryland. I acquainted 
hnn with a design, which I hid received from a friend 

i~~-- : " .. _ - _ . -. - .- 

America. At Sir Thomas Laurence r reotie^t mv inen i 
came to him and told niTi that if I s-;.ili co to 

conErm bi~ account- Through ^ir Jchn Li-^ther I was 
introduced to Lord Portend. rr:m -him. as -ell as 

passes. I left England on the ini :: April, arrived at 

*i?. Neil 'day I -aited en Bnr-:-ma-:-r WL'^n. 
presente-i my lener from L:ri Fzrthini. and after he 
bad eonsultei the other B^rg:-nt_isters he it my rei^est 
sent for Mr. Levin us van S:-hai;k:. who trimLvri :: 
meet me on the 1ft of May. and :n tnat -lay _-iTe me the 
following infonnati'in. The T alir cf the Allhanee :: the 
Five Nations of Indians to the English if well kmiwn. 
The French having furered ma;h in i ar with them 
thirty years ago. have ever since eo^rte-d tneir faTc-nr 

: . . - " - .. Qrpai 

them. To thi~ end they have sent Jestiit missionaries 
among them, who by subtle irsin nations have tried to 

:_ : 

pretending that thev could be .better mstmcte'i in tne 
Christian religion, and have so far prevailed as to have 
drawn away a considerable number, who are settled 
near Montreal. These have done eminent servjje 10 die 
French in die present war : indeed without them and 
other Tndianfl of die Five Nations the French eould not 
have preserved Canada. With their help the French 
have destroyed Senectadr and several plantations near 
Albany, and terrified several of the Dutch and English 
into deserting their habitations. The rest of die five 
Nations have fought the French for ten jean, die 
French wishing to eiarpate diem as they would not join 
them and trade to ^"*~ > * The French King in a 
treaty with the late King James very subtly obtained an 
article, that if English or Fiench were at war with 
Indians, the other party sbxjaH not encourage or suppty 
ammunition to die Tndianf Immediatelv after dus 



lualj &m French came down in great 
the Seneeas, flw uttuageat of the F 
who bud an taanrtii for die Fren 



COLONIAL PAPERS. 

1696. ~~ 

French, who burned their towns and plundered all dier 
could. This began die war, and die French doubted 
not soon to dictate their own terms to diem. But those 
TmiiMg soon after inraded Canada in revenge, killed 
many of *fa French i took many prisoners. The 
French Governor has spared no pains to allure diem to 
bis side, and asked them to meet him at Cadaraqoi: but 
die FngKgii dissuaded diem and promised diem refuge 
in New York, if defeated by the French, engaging also 
to try to take Canada from die French, which has not 
yet been undertaken. The Tmhaim have lost much by 
the war acd are inclined to peace with die French, 
whi^h wonid be fatal to die KnjHi-Ji Colonies; 
f or if the few Indians at Montreal are so formidable, 
much mort will be the whole of the Five Nations. Ths> j 
French oner lar.re presents to cam &+ Indians, by the 
in^irtLitiin of Pierre Milet. a Jesoit. who is a perfect 
master or tneir iamma^es and customs. The Indians) 
nz-jizz. often ursxd to send rH- man away, refuse to do 
so. Mr. Van S;-haiek is informed that die French have 
a present iesizn to destroy the English settlements in 
America. ?. vrf r. ? sent ships with presents for the Indians 
to the West In-iies. He obtained his information front . 
a letter from a pirate of note to a gentleman of quality. 
it *j *4&s*>liiteiv neo>rSiSirv to nolci the r rve Nations fii m 
to their alliance by presents. 800 or 1,000 would 
t;^rchi~e suficient presents for die purpose. Peter 
-. Inrck Wessels and Godefridus Deflms are die 
i::ed to treat with them, being much 
lition and rlothmg are die best 
for 1 - bat die capture of Canada would 

sain them for ever. 

Inf ormation was given me from another source that 
Moos. Eenaat sailed for the West TmKm widi five 
ships on the 4th of May. Another fleet of merchantmen 
and men-of-war wfll join diem shortly. There is no 
doubt that die English frontier towards Canada is in 
great danger. 14J pp. 

157. m. Memorial of die Ap"i for Hew York to the Lords 
Justices of F"g l ii"f 1 We were sent by die Governor, 
Council and Assembly of New York in November last, 
with an address of danks and loyalty to 



lay before yon die state of that 
rainiimi In January, when off Scflly, we were captured 
by a French privateer and "r mini" I'll prisoners untfl 
April, and before die ship surrendered we sank all our 
official papers. We were instructed to represent that 
die French in Canada hare resettled Cadaraqni, from 
which they were driven by the Indians at the begi 



of die war; that die Indians hare since been 
colder to die English, and it is feared that they may 
not only make peace with die French but war with the 



AMERICA AND WEST INDIES. 79 

1696. 

English ; that the Governor of New York has been 
unable, with the forces at his disposal, to hinder the 
settlement of Cadaraqui, the place being five hundred 
miles away, and the way through thick woods and great 
lakes without a road and with no means of obtaining 
provisions for white men in any number : that if the 
Five Nations are gained by the French the whole of the 
English settlements will be liable to destruction : that 
New York by means of presents (to her great impoverish- 
ment) has with great difficulty kept the Indians faithful, 
so far ; that the province, of three thousand families, 
has since 1690 raised over 30.000 for the expenses of 
the war, whereas the other Colonies, which are equally 
concerned, have contributed no more than 4"3,000: 
that in spite of this the expense of the war has been so 
great that the province is heavily in debt : that the 
Indians are inclined to the French side from oJ -serving 
the great recruits of men. arms and stores sent to 
Canada annually from France : that therefore we be^ 
you to intercede with the King to prevent the evils 
that may ensue if the Five Nations confederate with the 
French. Si-jiifd. Chid. Brooke. W. Nieoll. 1 _/. 

Thf irhole endorsfd. Read 24 Aug. 1696. 'Burl / 
Trade. New York. 6. .V. :.<. 4*. -k-i.-in. : and \irith--nt 
cnfloiun* i.. n.i 5:2. ]]-. 1-4. 

Aug. 21. 158. Journal of Council of TraJe and Plantations. Mr. 
Gracedieu attended and gave information as to the Admiralty Court 
and other Courts of -Jamaica, pointing out that the offices of Provost 
Marshal, Secretary and Receiver General were all Patent places. 
He gave other information as to the Island in general, and promised 
to put suggestions for the advantage of the Island on paper. 

The records of the Plantation Office were received. 

Two letters from Governor Codrington, of 12 February and 
5 May read. Order for copy of the latter to be sent to the Duke of 
Shrewsbury, and for the Agents of the Leeward Islands to attend 
next meeting. 

Mr. Randolph delivered a paper as to Attorneys General in the 
Colonies, which was referred back to bim for further details as to 
the persons whom he proposes to displace. [Board of Tradt. 
Journal. 9. pp. 62-66.~ 

Aug. 21. 159. Governor Fletcher to Lords of Trade and Plantations. 

New York. On the 2nd inst. I had intelligence that the Governor of Canada 
with a thousand French and two thousand Indians was in our 
Indian country, and that the people of Albany were in some 
consternation lest the Five Nations should join them and fall upon 
Albany and Senectady. He surprised one Castle at Oneida which 
he burned, and he destroyed the Indian corn. The Onandagas 
sent away their old men. women and children to southward. The 
young men tarried till they perceived that the French were too 
numerous for them, burned their fort and retreated, leaving then- 
corn to be destroyed. It is reported by some escaped prisoners 
that an Indian brought tidings to Count Frontenac that I was on 



80 COLONIAL PAPERS. 

1696. 

march from Albany with an army as numerous as the trees of the 
woods, which hastened his retreat. The Cayonges and Senecas 
are not hurt. I wrote to Connecticut for their quota and to the 
Governor of the Jerseys for men to meet me at Albany, but all my 
endeavours could not obtain one man from them. The Council 
have resolved to supply the Oneidas and Onandagas with corn this 
year, which will add to the expenses of the province. I have sent 
herewith a copy of my proceedings at Albany on this occasion. I 
have delayed giving them the King's present till I can get them all 
together, and having received advice from the Privy Council of a 
French design upon some part of America I hastened to New York, 
for in a month or six weeks' time the winds are esteemed a defence 
to this coast. Three of the Lieutenants of the King's Companies 
have often troubled me with papers, desiring to be discharged, and 
at last have resigned their commands. On the day of their resigna- 
tion I granted provisional commissions to Lieutenant Abraham 
Biekford instead of Matthew Shanke of Ingoldsby's Company, to 
Lieutenant Simon Young instead of George Sydenham of Weems's 
Company, and to Lieutenant Charles Oliver instead of Roger 
Wright of Hide's Company. They had all served as Cadets with 
the English troops in the Irish war, two of them have been 
lieutenants in the country-forces and behaved themselves well 
against the French and Indians in February, 1692. The frequent 
alarms we have from the French put us to great charge and expense 
of ammunition, besides the supplying of the Indians and of the forts 
of Albany and Senectady. I beg for an annual supply and for 
punctual payment of the subsistence of the Companies, which are 
all the force that I can depend on for the safety of the province. 
I have transmitted herewith my answer to the depositions taken 
against me. Signed, Ben. Fletcher. S pp. Endorsed, Reed. 30 Nov. 
1696. Read 7 Dec. Answd. 1 Feb. 1696-7. [Board of Trade. 
New York, 6. A'o. 49 ; and 52. pp. 46, 47.] 

Aug. 22. 160. Governor Fletcher to Lords of Trade and Plantations. 
Recounts briefly the story of the French raid as in preceding letter 
and ends as follows. On my return to New York I found the people 
very forward in the reparation of their breastworks and platforms, 
having furnished the guns with new wheels and carriages where 
wanting. Signed, Ben Fletcher. 1 pp. Endorsed, Reed. 12 Dec. 
Read 14 Dec. 1696. Answd. 1 Feb. 1696-7. [Board of Trade. 
New York, 6. A-o. 50; and 52. pp. 52-53.] 

[Aug. 22.] 161. Answer of Governor Fletcher to the depositions taken 
against him in the late Committee of Trade and Plantations on 
28 August and 14 September, 1695. First in relation to Philip 
French's depositions ; as to the report that I threatened to pistol 
any man that should choose Delanoy for the Assembly, I can bring 
500 witnesses to aver that they never heard of such a report 
until it came from England. The value of Philip French's state- 
ments of like nature may therefore be left to your consideration. 
As to the presence of seamen and soldiers with clubs at the election, 
I answer that I myself stirred not abroad that day. It is indifferent 
to me who are Assemblymen. I hope only that they may be honest 
men with care for the safety of the frontiers and the welfare of the 



AMERICA AND WEST INDIES. 81 

1696. 

province. The very depositions do not affirm that the soldiers 
voted. I can assure you that I allowed not one to go off guard, 
though several of the soldiers were freemen. It is hard to hold an 
officer responsible for the walks of his men when off duty. I know 
nothing about what the witness calls Leisler's party, and as to 
impressing in the election field there has been no press for the 
land-service since I came here. As to alleged great heats in the 
Assembly about the public accounts, the minutes of Council and 
Assembly, which have been already transmitted, will show that I 
have never received a penny of public money, nor issued a warrant 
for payment without advice and consent of the Council. I beg 
that Mr. Brooke and Mr. Nicoll may lie examined as to their 
depositions. As to Major Howell's detachment at Albany, he was 
ordered there because it was his turn, and he received pay as major 
and captain. As to the allegation that all the goldsmiths were 
employed in making presents for me, it had been more to the pur- 
pose if the deponent had proved that the plate had been presented 
to me ; but I acknowledge that I have received two snuff-boxes from 
gentlemen whom I have obliged. The last part of Mr. French's 
deposition is all hearsay, but I acknowledge that at my coming here 
I found one Mr. Simms, lieutenant in Major Ingoldsby's company, 
and that I sent him to England to procure recruits. As to his being 
master of a ship I can say nothing, but I own no ship nor share in 
a ship. Next as to the deposition of William Kid, most of which 
is answered in my reply to that of Philip French. As to the mak- 
ing of freemen, I am of opinion that you will not hold me respon- 
sible for the action of the Mayor and Sheriffs at elections, though 
I have never heard it complained of. I have never named anyone 
to the Assembly, having nothing to ask or desire of them except the 
protection of the frontiers. Samuel Bradley's evidence 1 have 
already sufficiently answered. As to John Aldbrough's evidence 
I beg you to examine Mr. Brooke and Mr. Nicoll, who will refute 
also the statements of Joseph Davies. Giles Shelley's evidence 
is already sufficiently answered. The rest of the depositions are 
mere hearsay, and I beg that Mr. Brooke and Mr. Nicoll may 
be heard upon them, tfigned, Ben. Fletcher. 3} pp. Endorsed. 
Eecd. 30 Nov. Read 24 Dec. 1696. [Board of Trade. New York, 6. 
No. 51.] 

Aug. 22. 162. Governor Fletcher to William Blathwayt. I have sent 
New York. ov this opportunity a copy of my proceedings at Albany, being 
called thither on the 2nd by an express with intelligence that Count 
Frontenac with a thousand French and two thousand Indians was 
overrunning the Country of the Five Nations. He was gone before 
I reached Albany, and it happened well that our Indians fled. It 
is believed that had they tarried to have discoursed him, being at 
the head of so great a force, he had got his desire in having them 
make peace with Canada. The copies of our Minutes of Council 
and laws are ready and await trustworthy carriage. I have sent an 
answer to certain depositions taken against me. Mr. Livingston is 
arrived and has presented to me a letter from the Duke of Shrews- 
bury. He shall have right done to him in all his just pretensions. 
The Council, and in particular Colonel Van Cortlandt, were much 

28181 F 



82 COLONIAL PAPERS. 

1696. 

surprised at his whole proceedings, and have begged leave to send 
to Mr. Brooke and Mr. Nicoll a true answer to his case, which they 
conceive to be much for the King's service and the ease of the 
province. Three of the subalterns, Lieutenants Shanke, Wright, 
and Sydenham have resigned. If they are clamorous I hope that 
they will not have as easy credit as Mr. Livingston had. I have 
appointed Lieutenants Bickford, Young, and Oliver in their places. 
The remainder of the letter is a repetition of that to the Lords of 
Trade of same date, as to the qualifications of these officers and the 
need for supplies. 2 pp. Endorsed, Reed., Read 80 Nov. 1696. 
Answd. 1 Feb. 1696-7. [Board of Trade. New York, 6. No. 52 ; 
and 52. pp. 42-43.] 

Aug. 24. 163. Governor Sir William Beeston to the Duke of 
Jumaica. Shrewsbury. Yesterday the fleet sailed under convoy of the 
Hampshire, intending to go by the Windward Passage ; and in the 
evening came an express from Cuba that the French were cruising 
off Havana with twenty sail, several of them great ships. I at once 
sent a sloop after the ileet, to the intent that they should not go by 
way of the Gulf, though it seems to me unreasonable to think that 
the French can cruise for three months or more on a coast where 
they have no port or place to recruit in, so I think they must be 
gone away through the Gulf before now, though until we are certain 
it is not safe to venture that way, nor is it easy for laden ships to 
gain the other passage, for they must beat to windward of Cuba. 
Some time since a ship arrived with packets for the Spanish 
Governors and officers from Cadiz. For the sake of the Spanish 
Government I forwarded them at once by a hired sloop, writing to 
the Governor of Porto Bello and asking him to pay for the same, 
the cost being 300 pieces of eight. But no sooner had he read the 
letters than he bade the sloop begone instantly, and would hardly 
suffer her to take in a little wood and water ; and he wrote to me 
that most of the letters were intended for the galleons, and that he 
doubted not that the Admiral would pay the expenses, but that he 
would not keep the sloop till his messenger for them should return, 
lest she should lie at charge, so for my respect to them I must pay 
it myself. This will shew you how they use us on all occasions, 
notwithstanding the friendship between the two crowns. To this 
day if they meet any vessel of ours that they can overpower, they 
never stick to do it. They have lately cut off all the Bay of Cam- 
peachy, and carried the men who were not killed to New Spain, 
from which there is little hope that they will ever return. Signed, 
Wm. Beeston. Holograph. 1 pp. [America and West Indies. 
540. No. 49.] 

Aug. 24. 164. Journal of Council of Trade and Plantations. The Agents 
for the Leeward Islands attended and gave an account of their con- 
stitution, administration, etc., when they were desired to put in writ- 
ing anything that they could propose for advantage of the Islands. 

Order for Colonel Hartwell to attend and give a further account 
of Virginia. 

A memorial for the Agents of New York was read (see No. 
157, in.), when they were ordered to attend next meeting. [Board 
of Trade. Journal, 9. pp. 66-69.] 



AMERICA AND WEST INDIES. 83 

1696. 

Aug. 25. 165. Memorial of Edward Randolph to the Council of Trade. 
I have already laid before you my proposals for better enforcement 
of the Acts of Trade and Navigation and my recommendation of 
officers for the Admiralty Courts, and of Attorneys-General in 
place of those who are ignorant of the law and abettors of illegal 
trade. I now offer the following remarks as to those officers : 
Bermuda. Nicholas Trott, jun., is the present Attorney-General, 
and (as I am informed) is fit to be continued. Smith Carolina. 
Jonathan Armory is the present Attorney-General, and also (as I 
am informed) fit to be continued. North Carolina has no Attorney- 
General. Bahamas. I hear that John Graves is fit to be continued 
as Attorney-General. Virginia. Edward Chilton was appointed by 
Lieutenant-Governor Nicholson to be Attorney-General in 1G90, but 
on his obtaining leave to go to England was replaced by William 
Randolph, who knows nothing of the law. Mr. Chilton is a barrister 
and approved of by many eminent lawyers. Man/land. George 
Plater was appointed Attorney-General by Governor Copley, the 
lawyers who knew anything of the laws of England in the province 
being papists. About 1693 there was a combination of New 
England men, Scotchmen, and others to carry on illegal trade from 
Maryland directly with Scotland. It was not unknown to Governor 
Copley and to Nehemiah Blakiston, late a Collector, and was 
promoted by George Plater, also a Collector. In 1694 he cleared 
eight vessels which carried tobacco direct to Scotland. As Attorney- 
General he connived at the partial prosecution of a forfeited bond, 
and has refused to prosecute others. Pennsylvania. David Koid is 
Attorney-General. He refused me to put several forfeited bonds in 
suit. East and West Jersey have no Attorney-General. Nfic York. 
James Graham is Attorney-General. Rhode Inland and Connecticut 
have no Attorney-General, nor has Neir Hampshire. Massachusetts. 
Thomas Newton, a person well known in practice in the Courts of 
England, was made Attorney-General by Sir William Pbips, but on 
his vigorous prosecution of offenders against the Acts of Trade was 
(as I am informed) put out to make place for Anthony Checkley, a 
man who is ignorant of the laws of England and has been (if he 
be not still) an illegal trader. Mr. Brenton can probably give you 
better information hereon. Sinned, Ed. Randolph. Attached, A 
rough list of the Attorneys- General for the American Colonies as 
already sketched by Randolph. J p. The whole endorsed, Read 
21 Aug. 1696. [Board of Trade. " Plantations General, 4. No. 1 ; 
and 84. pp. 29-33.] 

Aug. 25. 166. Minutes of Council of Barbados. Bill for supply of 
arms passed. Order for a proclamation to all servants lately 
employed on the ships of war to return to their service. Proclama- 
tion for farthings to pass current in sums under seven pence 
halfpenny. Orders for the vessels bound to North America to sail with 
their convoy, for the French prisoners to be sent to Europe, for the 
foot-guards to be discontinued at night, and for writs to be' issued 
for election of two members of Assembly. Order as to reimburse- 
ment of the expenses for the French prisoners. Michael Terrill 
sworn of the Council. 

Aug. 26. Order as to returning salutes with one gun only. Order for the 
fleet to sail on Saturday sennight and for the letters to England to 



84 COLONIAL PAPERS. 

1696. 

be ready. Order as to the bonds to be given by administrators 
of estates. Sundry accounts passed. Bill for encouragement of 
100 Christian servants rejected. Jonathan Langley gave new 
security as Administrator of the late Governor's estate. [Board of 
Trade. Barbados, 65. pp. 133-136.] 

Aug. 26. 167. Journal of Council of Trade and Plantations. The 

Duke of Shrewsbury gave in a letter from Governor Fletcher 

to him of 30 May (see No. 13). Mr. Chidley Brooke and Mr. 
William Nicoll were then called in and gave a long account of the 

French and Indians, with some account of the produce of the 

country and the timber therein. [Board of Trade. Journal, 9. 
pp. 70-73.] 

[Aug. 26.] 168. Copy of a Bill drawing up a constitution and scheme 
of government for Pennsylvania. 7 2'P- Endorsed, " Presented 
to Governor Markhani by the Quakers, which they desired to pur- 
chase to be enacted for the sum of A'200 to be given as an assistance 
to New York, May 1696." Reed. 26 Aug. 1696. [America and West 
Indies. 599. No. 27.] 

Aug. 27. 169. Order of the Lords Justices of England in Council. 
Whitehall, inferring Governor Fletcher's letter of 30 May to the Council of 
Trade for report. Sinned, "VVm. Bridgeman. p. Annexed, 

169. i. Original letter of Governor Fletcher to Lords of Trade 
and Plantations of 30 May. Abstracted alore No. 15. 
4 pp. The it-hole endorsed, Read Aug. 31, 1696. 
[Hoard of Trade. New York, 6. Nos. 53, 53 1.; and 
52. j>p. 10-14.] 

Aug. 27. 170. Minutes of Council of Massachusetts. Order for pay- 
ment of t'2,500 for the equipping of the ships hired for the King's 
service, and for other expenses in relation to defence. [Board of 
Trade. New England, 49. pp. 42-43.] 

Aug. 28. 171. Journal of Council of Trade and Plantations. Several 
packets were received. There were read Governor Nicholson's 
letters of 18 March and 12 June, two letters of 10 June from 
Governor Fletcher, one from Mr. Usher of 1 June, one from 
Mr. Beverley of 23 June, one from Sir E. Andros of 27 June. A 
list of the documents in these packets was made. 

Petition of John Miller read (see No. 173), when he was 
called in, and having given some account of the operations against 
the French and Indians, he was told that Mr. Heathcote would be 
spoken to on the subject of his petition. [Board of Trade. 
Journal, 9. pp. 73-79.] 

Aug. 28. 172. " Some Considerations offered by Colonel Charles 
Lidget, merchant, of New England, for advancing the trade of that 
country and making it more serviceable to the Kingdom." Of all 
the Plantations in America none is of so small account as New 
England, for want of its being duly considered. The Colonies are 
generally esteemed according to the convenience and benefit which 
they bring to England, their mother ; and those of New England, not 
being so open to common observation, make that place the less 



AMERICA AND WEST INDIES. 85 

1696. 

regarded. Though not half so long settled as the rest, this planta- 
tion has outgrown them all in numbers, settlements and industrious 
improvements, and in itself contains all the conveniences and 
necessaries which all or any others do, abundance of excellent 
harbours, and every requisite to build or repair shipping. From 
its nearness to the British Islands it may be called the key or head 
of America ; and in whose hands soever New England is', the rest 
must be. The benefit arising to the Crown from Barbados and the 
Leeward Islands is due chiefly to New England, which supplies 
them with shipping, all woodwork for building, horses, provisions 
(especially fish for the negroes) all at such cheap rates as no other 
place could do. The land of those Islands would be useless without 
the negroes, who are the substantial part of the African Company's 
trade. New England can be more serviceable still by supplying 
commodities to England in barter which are now supplied by foreign 
countries and call all the current coin out of the land, such as naval 
stores of all kinds and copper, iron, lead and other mines, which 
are there and will be opened as soon as due encouragement is given 
to those who will undertake it. The number of ships there built 
and sold to other countries or used for trading shew what may be 
done in that respect. The largeness of the country, allowing the 
people to scatter and each to employ himself in the management of 
his own property according to his own inclination is the true 
reason why they have not applied themselves to opening or 
searching for mines. It would be happy for New England 
if encouragement were given to that undertaking, and Old 
England would profit also. The importation of goods from Eng- 
land into that Colony, beyond what they can of themselves produce 
returns for, has of late much abated their consumption of English 
manufactures and driven them to practise many of the manufactures 
of England, which has so far proceeded that most of the country- 
people are supplied with the produce of their own land. For if the 
course of trade cannot take off the husbandman's product in the 
common road of husbandry, he must turn his hand to a supply 
within himself of these necessaries that he cannot live without. If 
encouragement were given for importing naval stores into England 
and for opening and working mines, it would produce a constant 
staple return hither, employ the people in those affairs and divert 
them from interfering with England in manufactures. But unless 
some such way be found they must necessarily pursue what they 
have so far begun and rush into any foreign trade, which hath been 
too much practised for England's interest. To restrain them 
from these necessitous supplies of their absolute wants would savour 
of great rigour. It is but a weak argument to say that as many 
goods go thither from England now as in former years, for if the 
people be since multiplied by one half or double the number (as it 
must be confessed that they are) then, if the exportation be not greater 
now than formerly, it is plain that trade decays. But the production 
of naval stores and opening of mines is not to be expected from 
private hands. If that Colony be thought worth preserving, kept 
dependent and made useful to its original, it is worth while to put 
it into method by a company, regulated, empowered and encouraged 
as may be thought fit. Unwary and unthinking men object that a 



86 COLONIAL PAPERS. 

1696. 

company will ruin the country, that it is not for their interest, will 
be a monoply, &c. This is the complaint of such as are ignorant 
of the place or think it will abate their particular interest. The 
answer to such may be, that the undertaking requires too great a 
stock for a few persons, so will be best done by some body of men 
that will adventure therein, under such regulations as may make 
them secure one with another, serving the Government with their 
own interest. Nor can it be to the prejudice of New England to 
have a considerable sum sent into it, to improve the land, employ 
the people, purchase and build among them, and make them rich 
by a discovery which none but such a company can ever let them 
into. Nor can any single man or number of men be hindered to 
practise the same thing if they will adventure upon it, and yet will 
not be so subject to the correction of the Government for any 
irregularity as a corporation fixed in London will be. The present 
and usual adventurers to New England, for any considerable value, 
are the least in number of any trade, and accordingly find their 
advantage, making the people pay such price for English commodi- 
ties as they think fit, and in this time of war double, treble or even 
more, of the first cost. If a company, which may consist of many 
hundreds, shall send a considerable value thither and supply the 
people at far cheaper rates, then truly thirty or forty men, who 
now are alone in the trade, will decline ; but the people in general 
will be benefitted and such a corporation will prove an universal 
good to New England and to the kingdom. Two closely written 
pafias. Endorse/I, Eecd. 31 August, 1696. [Board of Trade. New 
England, 8. X<>. 21.] 

Aug. 28. 173. Petition of John Miller to Lords of Trade and Planta- 
tations. I was appointed chaplain to the King's forces in New York 
by commission of 7 March, 1691, and have faithfully discharged 
my duty whenever I was in a capacity to do so. But there is an 
establishment particularly for payment of those forces, under which 
I am first concerned, so that I am liable to several grievances and 
inconveniences, as set forth in enclosed paper. I beg for redress. 
^ p. Annexed, 

173. i. The grievances referred to in above petition. (1) I 
went over to New York with Governor Fletcher, was at 
great expense in fitting myself out for the voyage and 
acted as chaplain to H.M.S. Wolf. But the preparations 
for the voyage prevented me from taking out my com- 
mission before the 7th of March, 1691, and Governor 
Fletcher will not allow me any pay before that day. 
I beg that pay be granted me from the same date 
as Governor Fletcher's own pay. (2) Chaplains in 
Flanders are allowed five shillings a day subsistence ; 
but Colonel Fletcher allows me but 3s. 4rf., 
New York money, which is but 2s. 6|rf. sterling, 
and owing to the dearness of commodities not 
worth more than Is. 6d. in England. (3) Chaplains 
in New York were wont to receive their full pay 
yearly. The money arising from the soldiers' pay 
by the advance thereof in New York amounts to 200 



AMERICA AND WEST INDIES. 87 

1696. 

or 300 annually, which is not applied by the estab- 
lishment to any other case, and is more than sufficient 
for the purpose. So that if nothing but the soldiers' 
bare subsistence were paid here in England (whereas I 
am told that the greatest part of the off-reckonings is 
paid also) there would be money sufficient, I believe, 
to pay the chaplain and other officers. Yet in three 
years and seven months I have received but 151 7s. 3(/., 
and that with much trouble. If my pay were allowed 
to come at the same time as Governor Fletcher's, 
the amount would be 352 11s. 8</. (4) In February, 
1694, I received news that my father had been dead 
a year and a half, and that my presence was needed 
in England. Governor Fletcher gave me leave to come 
to England on my making provision for the (supply of 
my place. I therefore made every preparation for this 
and for my voyage, when Colonel Fletcher refused to 
grant me leave unless I laid down my commission. 
Being unwilling to do so I came away without furlough, 
and Colonel Fletcher has taken advantage of this to 
deprive me of my pay since my departure from New 
York, and to put another man in my place. I therefore 
beg redress. 1 p. 

173. n. Extract from a letter of Governor Fletcher to Gilbert 
Heathcote, 29 May, 1695. Enclosed is an abstract of 
Mr. Miller the Chaplain's subsistence from the date of 
his commission to 1 April, 1694, to which date you say 
the companies were cleared for subsistence. You will 
see that 55 19s. 9d. is due to him, which please pay to 
him. He is now gone to England, I suppose with no 
design to return, leaving the Companies here without a 
chaplain, there being no Protestant minister here but 
himself, so that I must supply his place as soon as 
possible. I am informed of one lately come over to 
Boston and intend to send to him ; so I would have you 
account with Mr. Miller only up to 1 June, 1695. The 
enclosed paper will shew you the value according to 
New York money. Copy. J p. Endorsed, Eead 4 Sept. 
1696. 

173. in. Copy of a certificate of Henry, Bishop of London, 
as to the godly performance by John Miller of his 
duties as Chaplain at New York, from August, 1692, to 
June, 1695. p. The ichole endorsed, Head 28 Aug. 
1696. Answered 4 Sept. [Board of Trade. New- 
York, 6. Nos. 55, 55 i.-in.] 

Aug. 28. 174. Governor Hamilton to Governor Fletcher. Could I 

Burlington, make our people as sensible as myself of the hazard Albany lies 

New Jersey un d er) anc i that the weakness of that garrison may very probably 

tempt the enemy to attack the place, as they have Pemaquid upon 

the same grounds, I am sure they would find it their interest to run 

to its defence. But whom have 1 to work upon but a stiff and 

obstinate people, who shut their ears to all reason and become 



88 COLONIAL PAPERS. 

1690. 

debauched by the example of the neighbouring Colonies, which they 
still obtrude to me. You may believe that it was with great 
difficulty that I obtained what I did, namely that in case of an 
invasion they should march to the frontiers and be at liberty to 
return when the action was over and the enemy retreated. Even 
to obtain this I was forced to promise them twelvepence a day from 
you and pledged my own credit to procure them twelvepence more 
at the first sitting of an Assembly. Ho plentifully do they live at 
home, and so large are their wages. Moreover several of our youth 
are gone to the Southern Colonies to be free from detachments, and 
several, as I told you, are gone aboard Captain Kidd, so that it is 
impossible to prevail with them to remain in garrison, and indeed 
it is very difficult to effect anything. I am truly melancholy to see 
ourselves thus baffled by a handful of French, nor will it ever be 
otherwise until the Crown send a force to root them out of America, 
or put an indisputable command upon every Colony to furnish a 
quota and pay them ; for while it rests in the breasts of our 
Assemblies to raise a fund for the support of the frontiers or neglect 
it, and in the choice of the people to march or stay at home, you 
do not need to be told at this time which part they will choose. I 
will nevertheless call an Assembly in October next and will enforce 
the necessity of the frontiers with all the zeal which I am sensible 
that they require. Signed, And. Hamilton. 1J pp. Endorsed, 
Eecd. 23 June, 1697. Read 9 April, 1698. [Board of Trade. New 
York, 6. No. 54.] 

Aug. 29. 175. Minutes of Council of Virginia. Order for a proclama- 
tion for the return of all deserters to the King's ships, for the 
apprehension of all delinquents, and against entertainment or con- 
cealment of the same. The matter of the ship Resolution deferred 
to next Council. [Jluard of Trade. Virginia, 53. pp. 37-38.] 

Aug. 31. 176. Representation of Edward Randolph as to Virginia. 
The following discourse represents : (1) the discouragements that 
the planters in Virginia lie under, and the consequent loss to the 
customs on tobacco ; (2) the method for remedying those growing 
mischiefs for the future ; (3) the certain advantage that will there- 
upon arise both to the King and to the planters. It has been the 
interest and care of this Government to preserve the trade to the 
plantations entirely to themselves, and to that end divers Acts of 
Parliament are made with severe penalties upon the violators thereof. 
But no care has hitherto been taken to increase and encourage the 
number of planters of tobacco in Virginia, nor has it ever been 
examined whence it comes to pass that Virginia (the oldest English 
settlement on the Continent, begun over eighty years ago) is not 
better inhabited considering what vast quantities of servants and 
others have yearly been transported thither. Some have imputed 
it to the unhealthiness of the place ; others have said that tobacco, 
the sole staple, yields them little (all charges deducted) when it it is 
brought to England. But the chief and only reason is that the 
inhabitants have been and still are discouraged and hindered from 
planting tobacco in that Colony ; and servants are not so willing 
to go there as formerly because the members of Council and others 
who make an interest in the Government have from time to time 



AMERICA AND WEST INDIES. 89 



procured grants of very large tracts of land, so that for many years 
there has been no waste land to be taken up by those who bring 
with them servants, or by servants who have served their time. 
But the land has been taken up and engrossed beforehand, whereby 
such people are forced to hire and pay rent for lands or to 
go to the utmost bounds of the Colony for land exposed to 
danger, and often the occasion of war with the Indians. The 
manner of taking up land in Virginia is this. Every adventurer 
or planter has, upon his arrival, a right to fifty acres of 
land in the Colony. If he intends to take up any, he must 
first make oath, before the Council in a County Court, of the 
number of persons that he imports, and they of course grant 
him a certificate thereon, which is entered at the Secretary's office 
and is then produced to the Surveyor of the County where the land 
lies waste. He makes a survey allowing fifty acres according to 
the number of his rights (persons imported) which with the rights 
is carried to the Secretary's office, in which a patent is made and 
signed by the Governor in Council, who causes the seal of the 
Colony to be affixed to it. Thereby the claimer becomes owner of 
an estate in fee simple, but upon the following conditions: (1) to 
pay the King an annual rent of one shilling for every fifty acres ; 
but they never pay a penny of quit-rent to the King for it, by which 
in strictness of law their land is forfeited. ( V 2) They are to seat 
such land within three years, otherwise it is deserted. By seating 
land is meant that they build a house upon and keep a good stock 
of hogs and cattle, and servants to take care of them and to improve 
and plant the land. But instead thereof, they cut down a few trees 
and make thereof a hut, covering it with the bark, and turn two or 
three hogs into the woods by it. Or else they are to clear one acre 
of that land and plant and tend it for one year. But they fell 
twenty or thirty trees and put a little Indian corn into the ground 
among them as they lie and sometimes make a beginning to serve 
it, but take no care of their crop, nor make any further use of the 
land. (3) If such laud lie far up in the country upon the frontiers, 
they are required by law to keep four able men well armed ; but 
this law is never observed. These grants are procured upon such 
easy terms and very often upon false certificates of rights. Many 
hold twenty or thirty thousand acres of land apiece, very largely 
surveyed, without paying one penny of quit-rent for it. In many 
patents there is double the quantity of land expressed in the 
patent, whereby some hundred thousand acres of land are taken up 
but not planted, which drives away the inhabitants and servants 
brought up only to planting to seek their fortunes in Carolina and 
other places, which depopulates the country and prevents the 
making of many thousand hogsheads of tobacco, to the great 
diminution of the revenue. 

For present remedy it is proposed (1) That a survey be forthwith 
ordered of such lands in every county of Virginia. (2) That a 
demand be made in full for all arrears of quit-rents due for these 
lands, and that the claimers thereof be compelled by law to pay 
them. The Sheriff of King's and Queen's County about four years 
since made a return that there were 38,000 acres of laud in his 
county taken up by patent, for which he could receive no quit-rent, 



90 COLONIAL PAPERS. 



there being nothing on the land to distrain, and the persons who 
claimed the same living in other counties. (3) That strict orders 
be given that grants hereafter shall be made upon more certain 
terms, and not above 500 acres granted to one man. Such restric- 
tion is at this time very requisite, for in some parts of the country 
(such as Pamunkey Neck and the south side of James Eiver) where 
the Indians inhabited, these lands were for several years forbidden 
to be taken up ; but, the Indians being reduced to small numbers, 
the Burgesses have addressed the Governor to grant away these 
lands. The King has granted 20,000 acres of that land to the 
College in Virginia, which will soon be settled and planted, if great 
quantities are not already granted away to persons who have long 
aimed at it, though they have some thousand acres of land more 
than they know what to do with. The advantages of a due regulation 
both to the King and to the inhabitants are as follows. (1) The 
compelling the owners of such vast tracts of land to pay their quit- 
rents will raise a great sum of money, or, upon their refusal, some 
hundred thousand acres of unimproved land will revert to the Crown 
and invite home those who for want of land left Virginia, and 
encourage more to come from proprieties and other places and to 
make their settlement, being well assured of their titles and to hold of 
the Crown only. (2) The granting away such lands in parcels not 
exceeding 500 acres to one man will mightily increase the number 
of planters, who through necessity will seat themselves in a far 
nearer neighbourhood than formerly and thereby be the better 
enabled to secure their country, families and plantations from spoil 
and rapine ; and many thousand hogsheads of tobacco more than 
formerly will be made in the Colony. (3) The trade, shipping and 
navigation of England will be encouraged and the customs on 
tobacco yearly increased. Colonel Nicholson, Lieutenaut-Governor 
of Virginia, was very sensible of the damage and injustice done to 
the Crown by their using and conniving at such unwarrantable 
practices in granting away the King's lands, and was resolved to 
reform them by suing some of the claimers for arrears of quit- 
rents; but finding that the Council and many of the Burgesses, 
among others, were concerned, and being uncertain of his continu- 
ing in the Government, he ordered to begin with Laurence Smyth, 
who was seised of many thousand acres of land in different coun- 
ties, and for one particular tract of land was indebted 80 for 
arrears of quit-rents, which sum after the cause was ripe for 
judgment, was compounded for less than one half. Three closely 
ivritten pages, icith abstract attached. Endorsed, Reed. 31 Aug. Read 
6 Oct. 1696. [Board of Trade. Virginia, 6. No. 5 ; ami 37. 
pp. 19-23.] 

Aug. 81. 177. Journal of Council of Trade and Plantations. The 
Orders in Council of 27th August, referring a letter of Governor 
Fletcher, and another of 23 April, with a petition of the Colony of 
Connecticut as to the quota, were read. Major General Wiuthrop 
was ordered to attend next meeting. 

Two papers from Mr. Randolph as to Attorneys-General, and as to 
tobacco planting in Virginia, were read (see Nos. 165, 176). Colonel 



AMERICA AND WEST INDIES. 91 

1696. 

Lidget's memorial was received (see No. 172). An address to the 
King from Maryland as to Governor Copley's estate was read. 

The Secretary reported that he had received 150 from the 
Treasury for incidental expenses. 

Sept. 1. The papers received by last packet from New York were read. 
Sept. 2. The papers received by last packet from Virginia were read. 
[Board of Trade. Journal, 9. pp. 79-87.] 

Sept. 1. 178. Minutes of Council of Barbados. Order for H.M.S. New- 
castle to convoy the homeward-bound fleet to latitude 18 . Colonels 
Bayley and Boteler nominated to two vacant regiments of militia. 
A day of humiliation appointed. Sundry accounts passed. Order 
for tne French prisoners to be distributed among the ships of the 
homeward-bound fleet. 

Sept. 2. Addresses to the King, one of congratulation, the other concern- 
ing Colonel Chamberlayne, were signed and sent to the Assembly 
for signature, also letters to the Agents and duplicates. Order to 
delay the sailing of the fleet for a few days. [Board of Trade. 
Barbados, 65. pp. 136-138.] 

[Sept. 2.] 179. Extracts from the Minutes of the General Assembly of 
Virginia in April and May, l(i!)6, and of the Council from June 
to December, lb'!)5, and from April to June, 16!)(>. \oti-. This 
apparently was intended as a general abstract of the proceedings, 
and was read at the meeting of the Council of Trade and 
Plantations on the '2nd of September, Ki'Jb'. [Hoard of Trade. 
Virginia, 37. pp. 7-10.] 

Sept. 2. 180. Governor and Council of Connecticut to Lords of Trade 
and Plantations. We duly appointed a day of thanksgiving for the 
deliverance of the King from the late horrid conspiracy. We also 
published the proclamation for arrest of persons accused of high 
treason, which we doubt not will be followed. We have also 
received the Act for regulation of the Plantation Trade, which was 
forthwith published, order being also taken for due attendance of 
it. The principal persons of the Province have subscribed to the 
Association, which you sent to us, and we can assure that there 
will be general and hearty concurrence therein. We thank you also 
for your warning of a French design upon America, and of the 
necessity for our putting ourselves in a state of defence, which we 
acknowledge ourselves bound with all due care to attend. By 
order of the Governor and Council. Siyin'd, Eleazar Kimberly. 
1 p. Endorsed, Received and read, 8 Dec. 1696. [Board of Trade. 
New England, 8. No. 22 ; and 36. pp. 69-71.] 

Sept. 2. 181. Governor Codrington to Council of Trade and Planta- 
Antiqua. tions. Since mine of 5 May I have received yours of 13 February, 
10 March, 15 and 20 April, with a copy of the Scotch Act, the 
instructions of the Commissioners of Customs as to enforcing the 
Acts for regulating the Plantation Trade, and a new Act which I have 
made as public as possible. A day of thanksgiving for the King's 
deliverance from the conspiracy against him was very heartily 
observed here and, I doubt not, in the other Islands of this Govern- 
ment. The Associations, signed by all the persons in this 



92 COLONIAL PAPERS. 

1696. 

Government, shall be sent to you in a month. Four days since, a 
brigantine arrived from Boston, the master whereof (an intelligible 
man) gives me account that, from certain news obtained from 
prisoners from Canada, there were twelve or fourteen men-of-war 
arrived in Canada with design to attack the coasts and trade of 
New England and pass thence to the West Indies. Two days ago 
the Colchester sent in a French shallop which she had captured on 
the 27th ult. off Martinique, in which were twelve prisoners who 
reported that fourteen men-of-war had arrived from France (they did 
not say where) to attack St. Domingo. I conclude that these are the 
ships from Canada which, now that winter is approaching, will, I 
believe, soon look this way. The expectation of this fleet, joined 
with the warning given in your letter of 20 April, will oblige me to 
continue a strict guard in these Islands until this storm is blown 
over. I have caused all the breast-works to be made good and the 
Island to be put into the best posture of defence, and have not 
failed to order the other Islands to be in like readiness. Pursuant 
to the King's orders I delivered St. Eustatius to the Dutch, who 
have now been three months in possession of it. I shall not fail to 
observe the order to detain the Brandenburg vessel of which 
Erasmus Heinclerick is muster. Sii/ned, Chr. Codrington. 2J pp. 
Endorsed, Reed. 5 Nov. Eead, 6th. Answd. 23 Nov. 1696. A 
short abstract in attached. [Board of Trade. Leeward Islands, 5. 
No. 5 ; and 45. pp. 15-17.] 

Sept. 3. 182. Order of the Lords Justices of England in Council. 
Referring a memorial from the Lords of the Admiralty to the 
Council of Trade, to hear Sir Henry Ashurst and other persons con- 
cerned in the matter, and to report. Signed, Rich. Colinge. J p. 
Annexed, 

182. i. Memorial of the Lords of the Admiralty. Forwarding 
draft instructions, pursuant to order, for the persons in- 
tended to go to New England to inspect the naval stores 
there. Siynfd, R. Rich, G. Rooke, J. Kendall, Win. 
Bridgeman. Admiralty Office. 1 September, 1696. 
182. 11. instructions for John Bridger and Benjamin Furzer, 
appointed to report as to the condition of that Colony 
with relation to naval stores. Twelve clauses, including 
detailed description of the oak best suited for naval 
purposes. It is mentioned that two persons appointed 
by the Agents are to be joined with them in their 
inspection. Four closely written payes. The whole 
endorsed, Read 3rd in Council. [Board of Trade. New 
England, 8. Nos. 23, 23 1., n.; and 36. pp. 22-28.] 

Sept. 3. 183. Order of the .Lords Justices of England in Council. 

Whitehall. That the Council of Trade speak with the merchants trading to the 
Colonies respecting convoys for the merchant-fleets, and report to 
the Council. Signed, Rich. Colinge. J p. Endorsed, Reed, and 
read 4 Sept. [Board of Trade. Plantations General, 4. No. 8; 
and 34. p. 33.] 

Sept. 3. 184. Minutes of Council and Assembly of Antigua. The 
Assembly again requested a copy of the Act obliging the Secretary 



AMERICA AND WEST INDIES. 98 

169G. 

and Marshal to give security. Captain John Perry produced his 
patent to be Provost Marshal, which was allowed. 

Sept. 4. In reply to a request from the Assembly for the suspension of 
John Palmer from the Council, the Governor declined to suspend 
him till he should have been heard; but consented to receive the 
Assembly in a body and hear their allegations against him. The 
Assembly sent up requests for an address to the King to be drawn 
up, for a new Secretary and a new Marshal to be appointed, for a 
short Act to reinforce the Act as to those officers giving security, and 
for an Act to lay a duty on dry goods sold by retail. Message from 
the Governor to the Assembly as to the carrying on of the works at 
Monkshill, which was postponed by the Assembly till next meeting. 
[Board of Trade. Leeward Islands, 04. pp. 179-182.] 

Sept. 3. 185. Minutes of Council of Massachusetts. Advised that an 
expedition be set forward for attack of the fort on John's River in 
the Bay of Fundy, to surprise the cannon and stores lately sent 
from France, by the employment of the forces lately despatched 
eastward under Major Church, with a reinforcement of 100 men; 
that H.M.S. Arundel and the Province galley be ordered to cover the 
river's mouth, and that Lieutenant-Colonel John Hathorne take 
command of the expedition. 

Sept. 4. The embargo on outward bound ships was raised. [Board oj 
Trade. New England, 49. pp. 43-44.] 

Sept. 4. 186. Minutes of Council of Barbados. Depositions taken as 
to the sending of English prisoners from Martinique to France. 
The Council proposed to the Assembly that the expense of its enter- 
tainment since the Governor's death be paid by the public. In reply 
to a petition the Council answered that the seating of the Courts 
should be their first care after the fleet had been despatched. 
[Board of Trade. Barbados, 65. i>/>. 138-139.] 

Sept. 4. 187. Journal of Council of Trade and Plantations. The 
Order in Council of 3 September as to convoys was read (see 
No. 183) and the Clerk was ordered to report as to the method 
used for the same by the late Committee. 

The Order in Council of 3rd inst. as to Sir Henry Ashurst was 
read (see No. 182) and Sir Henry was ordered to attend next 
Monday. Jahleel Brenton attended and desired attention to the 
papers concerning him referred by Order in Council of 23 April 
last. 

Mr. Miller attended on the subject of his pay, but was told that 
the matter was not the business of the Council. He then gave a 
further account of the incursions of the French and Indians, the 
trade and state of Albany, etc. 

Order for purchase of fire-irons, etc. for the office. 

Sept. 5. Order for Mr. Povey and Mr. Bridges to attend next Monday. 
Order for all Colonial laws to be sent to the law officers for inspection. 
The Order in Council of 23 April as to Mr. Brenton read. [Board 
of Trade. Journal, 9. pp. 87-92.] 

Sept. 7. 188. Council of Barbados to the Duke of Shrewsbury. By 

Barbados, the death of Governor Russell the Government has devolved upon 

us. We have passed three Acts for repairing the forts, for ensuring 



94 COLONIAL PAPERS. 

1690. 

efficiency of arms among the militia, and to secure the gunpowder 
duty from frauds, and we have imposed a tax on negroes, which 
will bring in about .10,000, for purchase of arms and for other 
measures of defence. We are now making every preparation to 
defend ourselvss in case of attack. We beg your care of this 
Island, and that you will listen to our Agents in the matter of Sir 
Willoughby Chamberlayne's character. Our Island would be more 
miserable than ever before, should he govern it. Signed, Fran. 
Bond, President ; John Gibbes, John Farmer, George Lillington, 
Jno. Bromley, Wm. Sharpe, Pat. Mein, Tob. Frere. 1J pp. 
[America, and West Indies. 456. No. 67.] 

Sept. 7. 189. Council of Trade to the Lords Justices of England. 
We are of opinion that the appointment of Attorneys-General in the 
Colonies will conduce to the ends proposed by the Commissioners 
of Customs. We have advised with Mr. Randolph, and on his 
report we recommend that William Randolph, George Plater, 
David Lloyd and Anthony Checkley be removed from their posts 
of Attorneys-General in Virginia, Maryland, Pennsylvania and 
Massachusetts respectively, and that the following gentlemen be 
constituted Attorneys-General, viz. : For Virginia, Maryland, 
Pennsylvania, Maryland, North Carolina and West Jersey Edward 
Chilton ; for Massachusetts, Rhode Island and New Hampshire 
Thomas Newton ; for New York, East Jersey and Connecticut 
James Graham. Sigiwd, J. Bridgewater, Ph. Meadows, John 
Pollexfen, John Locke, Abr. Hill. [Board of Trade. Plantations 
General, 34. pp. 32-33.] 

Sept. 7. 190. Journal of Council of Trade and Plantations. Order 
for Mr. Hartwell to attend on Wednesday next. Mr. Bridges and 
Mr. Perry attended on the question of convoys, and, with the other 
Agents, were desired to put their suggestions into writing. 

Sept. 8. The Secretary reported that Colonel Hartwell was too ill of the 
gout to attend. 

Sept. 9. Mr. Brenton was desired to lay a state of his case before the 
Board. Order for the Secretary to draw up a representation 
concerning New York, and to enquire of Mr. Heathcote as to 
presents for the Indians. 

Orders for Major-General Winthrop and Dr. Daniel Cox to attend 
the Board, and for a circular letter, with queries, to the Governors 
to be drawn up by the Secretary. [Board of Trade. Journal, 9. 
pp. 93-96.] 

Sept. 8. 191. Minutes of Council of Barbados. The Council agreed 
that the President do have half the salary appointed for the 
Governor by the Royal Instructions. [Board of Trade. Barbados, 
65. p. 139.] 

Sept. 8. 192. President and Council of Barbados to Council of Trade and 
Barbados. Plantations. Our last was by way of the Leeward Islands, reporting 
Governor Russell's death. When he died we found two Colonels' 
commissions vacant, which we have bestowed on Colonel Abel 
Alleyne and Colonel William Cleland, and we have passed three 
bills brought in by the Assembly, one for raising four shillings a head 



AMERICA AND WEST INDIES. 95 

1696. 

upon negroes, which will come to near 10,000, for purchasing such 
arms, ammunition and stores as are obtainable in the Island, and 
for repairing and supplying the forts, to encourage the importation 
of white servants, and to pay off the country's debts. The second 
Act is for repairing the forts and entrenchments, and the third is 
to protect the gunpowder duty from fraud and impose a further fine 
on those who appear in the militia with bad arms. Commissioners 
are appointed to ascertain and supply the wants of the forts. We 
enclose a report of the condition of the magazine taken soon after 
the Governor's death. We were surprised to find it in so low a 
state, and though we and the Assembly have frequently desired 
to know it, in order to a supply, yet it has been our unhappiness to 
be refused. Not only have we been denied to look into the accounts 
thereof but we have been told that it was not our affair, but the 
Captain-General's only. We must now tell you that 3,500 has 
heretofore been laid out in arms and warlike stores and put into the 
magazine, whereof the greater part has been sold out ; and we have 
reason to believe that the money has been converted to private uses. 
But we shall report more fully on this after enquiry. All vessels 
trading to the Island pay an impost of one pound of gunpowder 
per ton, which you may conclude must bring in great quantities 
of powder, so as to make a far greater store than is now here. 
The ordinary expense is in the return of salutes (when two 
guns less than they salute the forts with are given to 
the merchant ships) and the firing of cannon on certain davs 
of solemnity ; but the expense of powder for exercise of 
the militia comes not out of tins store, but is borne by every 
private person who sends to it. However the Council has now 
ordered one gun only to be returned to the salute of merchant- 
ships, in order to husband the powder. In our last we announced 
our intention of sending an express with all speed to give you an 
account of Governor Russell's death, but the merchants represented 
the danger of the express falling into the enemies' hands, as it 
would give them timely notice to waylay and intercept our ships. 
Lately one Edgerton, who sailed in a swift vessel in March last before 
the fleet, was taken, and several French privateers at once put out 
from St. Malo to intercept our fleet. We therefore decided that one 
ship should sail before the fleet, which was nearly ready to go, 
thinking that fourteen days' earlier notice was not worth the 
hazarding of the fleet. We shall duly observe the Royal Instructions 
to Governor Russell of 4 January, 1694. Until the Governor's 
death these instructions never came to our sight, so that we were 
incapable of doing the service commanded therein. We see the 
King's tenderness for this place in many particulars, and especially 
in enjoining that the Council's opinion should be taken in the plac- 
ing or displacing of judges or other officers. But the Council's 
opinion has not been asked on such matters for many years past, 
nor till now did we know that it was our duty to give it. When the 
Council has asked to know the Royal Instructions upon any point, 
the instruction has not been shewn but told by word of mouth, and 
sometimes so obscurely as to be unintelligible. A sight of the in- 
structions has been refused to us. We are sorry to say this because 
it reflects upon some of our former Governors, but we think it our 



COLONIAL PAPERS. 

1696. 

duty to report it. We must inform you also that many in office 
here are men of slender fortunes and capacities, and we hope you 
will approve of our reform in replacing them by men of good 
estate and experience. If there be any further instructions, they 
have not yet come to our knowledge. 

H.M.S. Newcastle, being a good sailer, has taken a French 
privateer which infested these coasts and had taken a ship with 
sugar which was intended for England. We are sending the 
prisoners, thirty-four in number, to England, dispersed among the 
fleet, according to the enclosed list. Our reasons for so doing are as 
follows. These as well as former prisoners, having been for the 
most part planters in the French Islands, have had so much 
encouragement by the practice of sending them back under flag of 
truce that, having lost nothing but ragged clothes and empty 
vessels, they have come out against our coasts again and again in a 
few days, to the great destruction of our trading vessels. Fifty of 
the best, laden with provisions and other goods, have been taken by 
them within less than a twelvemonth last past ; and the prisoners 
have frequently said that they will be on our coasts again soon 
after they are sent home. And this is true, for several of those 
now sent to England have been taken two or three times within the 
past six months ; but now that we are sending them to Europe, the 
small planters of Martinique (without whom they can man but few 
privateers), will be less forward to go to sea. A second reason is that 
the enemy has sent many of our prisoners to France, as the 
enclosed depositions show that about 140 English prisoners had 
arrived in France from Martinique. A third reason is that we 
have no instructions as to exchange of prisoners, and such 
agreement as was made between the French Governor and ours 
we never were privy to. But we know that we have not had 
from the French near the number of maritime prisoners that 
they have had from us, though we are assured that on this 
coast they have taken three prisoners from us against one that we 
have taken from them. A fourth reason is that we have no place 
to keep prisoners in, so as to secure them from private converse 
with disaffected Irish and others who lie concealed here, and give 
intelligence of our condition. We have a suspicion that Francois 
Breardor, the captain of the last privateer taken, has been too 
curious in his- observations here, and it might be well not to permit 
him to be easily exchanged. A fifth reason is that under colour 
of a flag of truce for exchange of prisoners, the enemy has more 
advantage of us in the discovery of our condition that we can have 
of them ; for they have no Irish nor other malcontents. \Ve shall 
therefore send no more flags without the Royal order. We beg you 
to pardon us if we represent to you the great importance of Bermuda 
to the Colonies in America. Not only the trading ships between 
Europe and those parts, but all the small craft that ply between 
the North American Colonies and these Islands (without which we 
could hardly have subsisted during the rebellion in Ireland) always 
pass within thirty or forty leagues of Bermuda and ten times out 
of twelve actually within sight thereof, sometimes even stopping 
there. So that if these Islands should fall into the hands of the 
enemy they could with eight or ten small vessels easily stop or 



AMERICA AND WEST INDIES. 97 

1696. 

destroy the trade of the West Indies and make themselves masters 
thereof. We doubt not that your foresight will shew you the 
dreadful consequences of such a loss, and the importance of the 
trust committed to the Governor of Bermuda. Signed, Fran. Bond, 
President ; John Hallett, John Gibbes, Edw. Cranfield, John Farmer, 
Richard Salter, Geo. Lillington, Geo. Andrews, Pat Mein, Tob. 
Frere, B. Hothersall. Three closely written pages. Endorsed, 
Reed, and read 30 Oct. 1696. A short abstract is attached. 
Annexed, 

192. i. List of stores in the magazine of Barbados, 18 Aug., 
1696. These include 729 small arms, 236 barrels of 
powder, and about 9,000 shot, serviceable, and the 
remainder of the stores unserviceable. 1 p. 
192. n. Duplicate of an alphabetical list of stores wanting, 
sent with Governor Russell's despatch of 23 July, 1696. 
Docket only. J p. 

192. in. List of French prisoners sent home to England, 
thirty-four in number, distributed among fifteen ships. 
Dated, 4 Sept. 1696. 1 p. 

192. iv. Deposition of John Webster, as to the deportation 
of English prisoners from Martinique to France. 
Dated, 3 Sept. 1696. p. 

192. v. Declaration of John Lenton. That when a prisoner 
in France he saw about 140 English prisoners brought 
thither from Martinique. Dated, 4. Sept. 1696. 
^ p. The whole of the enclosures endorsed, Read 
Oct. 30, 1696. [Board of Trade. Barbados, 7. Nos. 
10, lOi.-v. ; and (ivithout enclosures), 44A. pp. 20-27.] 

Sept. 8. 193., Edward Cranfield to the Duke of Shrewsbury. Governor 
Barbados. Russell died on the 7th of last month of the pestilential fever, which 
has long raged here, and it may be feared (if God withdraw it not) 
will lay the Island desolate. The Government has devolved on the 
Council, with Mr. Bond for president, an aged and crazy man, and 
very unfit for the station in war-time, especially if we should be 
attacked. The Council has written to report its proceedings. Signed, 
Edw. Cranfield. Holograph. % p. Endorsed, R. 27 Oct. 

Duplicate of the foregoing. [America and West Indies. 456. 
Nos. 68, 69.] 

Sept. 8. 194. Memorial of the Agents for New York to Lords of Trade 
and Plantations. We offer the following suggestions for the secur- 
ing of New York and the English dominions on the main land of 
America. The best and surest means would be the dispossessing 
the French of Canada and settling an English Colony there. 
Hereby all future expense of garrisons would cease ; the whole of 
the fur-trade will be secured ; the Indians will be deprived of all 
power of doing mischief to the English, but will be wholly at their 
command, there being no other nation from whom they could obtain 
the goods which long trade with Europeans has made necessary to 
them ; and the inland parts of the country, which are reported to 
be full of minerals, could be more easily explored. But if this 
design be considered too costly or too hazardous, we would submit 
to you the following particulars : (1) That about 1,000 sterling 

28181 G 



98 COLONIAL PAPERS. 

1696. 

be laid out annually in presents of ammunition, etc. to the Five 
Nations, to confirm them to our interest. (2) That during the war 
a garrison of about 1,000 men be kept on the frontier of New York 
towards Canada, to shew the Indians that we can protect ourselves 
and them. (3) That a regular stone fort be built at Albany, and 
fortifications at Senectady, Canestagione, the Half Moon and else- 
where, and suitable forces posted in them. (4) That yearly recruits 
of men and of stores of war may be sent over. (5) That five or six 
hardy youths, of good natural parts and understanding grammar 
at least, may be sent among the Indians, to learn their language per- 
fectly and become acquainted with their customs and manners, that 
the Government may have . better insight into their measures and 
more easily treat with them. (6) That some Protestant clergy be 
encouraged to live with them to endeavour to convert them to 
Christianity. (7) That as soon as possible a strong fort and a good 
settlement may be built and made in some convenient place near 
the lake. Signed, Chid. Brooke, W. Nicoll. 1| pp. Endorsed, 
Read 12 Sept. 1696. [Board of Trade. New York, 6. No. 56; 
and 52. pp. 19-21.] 

Sept. 9. 195. Minutes of Council of Massachusetts. Lieutenant- 
Colonel Hathorne's commission and instructions read and approved, 
with an additional clause in the commission for the exercise of 
martial law. [Board of Trade. New England, 49. p. 44.] 

Sept. 10. 196. Lords Proprietors of Carolina to Deputy-Governor 
Thomas Harvey and the Deputies and Council of North Carolina. 
We are extremely pleased at your satisfaction with Governor 
Archdale. The deed which you sent to us and produced to Mr. 
Archdale was a true copy of a deed signed by the proprietors. 
As to your complaints of the Governor of Virginia, we can at 
present only send you an extract from the original patent of our 
bounds. Signed, Craven, Bath (for himself and for Lord Carteret), 
Wm. Thornburgh for Sir John Colleton, Tho. Amy. [Board of 
Trade. Carolina, 4. p. 32.] 

Sept. 10. 197. The same to Governor Archdale. We are glad that you 
have secured our money, and doubt not that you will remit it to us 
shortly, and we are glad also to hear that the Assembly is disposed 
to grant the French naturalisation on their petitioning for it. Your 
son is arrived in Ireland. We send copy of our letter to North 
Carolina. We rejoice that there is a prospect of people coming to 
settle with you, and gladly ascribe it to your conduct. Signed as 
the preceding. [Board of Trade. Carolina, 4. p. 33.] 

Sept. 10. 198. Order of the Lords Justices of England in Council. 
Referring a Representation of the Council of Trade, concerning 
Attorneys-General for the Colonies, to the Attorney-General for 
report. Signed, Rich. Colinge. p. Annexed, 

198. i. Council of Trade to the Lords Justices of England, 
7 September, 1696. In obedience to your order of 
23 July last, concerning the appointment of Attorneys- 
General in the Colonies, we have advised with Mr. 
Edward Randolph, who reports as follows. William 
Randolph, the present Attorney-General of Virginia, is 



AMERICA AND WEST INDIES. 99 

1696. 

wholly unacquainted with the laws and practice of the 
Courts in England ; George Plater, the Attorney-General 
of Maryland, is a favourer of illegal trade ; David 
Lloyd, Attorney-General of Pennsylvania, has refused 
to put forfeited bonds in suit ; Anthony Checkley, 
Attorney-General of Massachusetts, is not only ignorant 
of the laws of England but has been himself an illegal 
trader. We therefore think these persons unfit for 
their places, however fit they may be deemed by the 
Proprietors, and we would recommend the following 
appointments, viz. Edward Chilton to be the King's 
Attorney-General for Virginia, Maryland, Pennsylvania, 
North Carolina and West Jersey ; Thomas Newton to be 
the same for Massachusetts, Rhode Island and New 
Hampshire, and James Graham for New York, East 
Jersey and Connecticut. Signed, J. Bridgewater, Ph. 
Meadows, John Pollexfen, John Locke, Abr. Hill. Copy. 
1J pp. [America and West Indies. 601. Nos. 32, 32 1.] 

[Sept. 11.] 199. Memorial of the Agents for the Leeward Islands and 
Merchants trading thereto, to Council of Trade and Plantations. 
If we are restricted from sending as many ships to the Leeward 
Islands as we think necessary, we beg that the usual number of 
two hundred seamen may be allowed to us for such ships as we can 
provide. We will endeavour that these ships shall be at Gravesend 
before the 31st of December ready to proceed to the Downs and 
thence to the Leeward Islands, and no sooner. For sugar is not 
made until January or February, and no number of ships can be 
certain of their loading till April and May. We beg therefore that 
the convoy may be ready in the Downs on the first of January, and 
that the fleet may proceed direct to the Leeward Islands without 
touching at Barbados, to prevent any ill consequences from the 
French Islands that lie between them. Signed, Bastian Bayer, 
Jeff. Jeffreys, Joseph Martyn, Ed. Gary, and by sixteen others. 
1 p. Endorsed, Read 11 Sept. 1696. [Board of Trade. Leeward 
Islands, 5. No. 6 ; and 45. p. 6.] 

[Sept. 11.] 200. Memorial of the Agents for the Leeward Islands to 
Council of Trade and Plantations. The Leeward Islands and St. 
Christophers before the war were in a very thriving condition both 
of trade and of increase of inhabitants ; but the population, 
especially of men able to bear arms, has since greatly decreased by 
mortality and by the several expeditions against the French Islands 
and for the recapture of St. Christophers, so that at present their 
chief security lies in being guarded by some ships of war against 
the attacks of French privateers and men-of-war, which not only 
from time to time invade and spoil the said Islands but destroy the 
trade outward and inward. We commend this to your serious 
consideration. St. Christophers was settled before any of the other 
Islands by the French and English, and was divided into four 
quarters, of which two belonged to each nation, while a peninsula 
with salt ponds upon it, running southerly towards Nevis, belonged to 
the French, though the salt was shared neighbourly by both nations 



100 COLONIAL PAPERS. 

1696. 

until 1666. The French then took the two English quarters and 
kept them until 1671, when they were restored under the Treaty of 
Breda. So matters remained until the beginning of the present 
war, when the French again fell on the English, took the fort after 
some time of siege, drove them from the Island, destroyed most of 
their plantations, and held the whole until 1690, when Governor 
Codrington retook it and sent the French away. The whole Island 
therefore now remains in the possession of the English, inhabited 
by some of the former settlers and by others from other parts, who 
have received the plantations that formerly belonged to the French. 
But the uncertainty whether the whole Island will remain to the 
English after a treaty of peace hinders settlement at present, people 
being unwilling to bring property to lands which they have no 
certainty that they will enjoy. But if it be once known that the 
Island will remain wholly to the English, settlers will soon repair 
thither, the Island being famous for healthiness, fertility, and 
produce of indigo, sugar, ginger, etc. It is about thirty miles in 
circumference, able to contain many thousands of people, has a 
reasonable good fort, roads for shipping, and is well watered, with 
the advantages to make it the best and most considerable of all the 
Carribee Islands. 

But if the French should be restored to their part of the Island 
and the settlers now in their plantations turned out, it will be a 
great discouragement not only to them but to the old English 
inhabitants and to all the Leeward Islands, which have ventured 
their lives for the capture of St. Christophers. The old English 
inhabitants will probably withdraw, having been already twice 
ruined, and will not run the like hazard again upon outbreak of 
war between England and France ; preferring to abandon their 
plantations and carry away what they can rather than stay and 
endanger the losing of all, whereby the Crown will lose revenue 
and the nation trade. If on the other hand the Island be kept 
wholly for the English, the revenue and trade will probably become 
considerable in a few years. Moreover the restoration of the French 
might be of dangerous consequence to the other Leeward Islands, 
for Nevis is but three miles distant, and the Council and Assembly 
are so apprehensive, that they have urged us to make all possible 
application for St. Christophers to be retained wholly by the 
English. We beg therefore that you will represent the importance 
of this to the King upon conclusion of a treaty of peace. Signed, 
Bastian Bayer, Jeff. Jeffreys, Joseph Martyn, Ed. Gary. 2 pp. 
Endorsed, Bead. 11 Sept. 1696. [Board of Trade. Leeward 
Islands, 5. No. 1 ; and 45. pp. 7-9.J 

[Sept. 11.] 201. Memorial of the Agents for the Leeward Islands to the 
Council of Trade and Plantations. We would represent that the 
Leeward Islands have suffered much, both by land and sea, from 
want of ships of war to guard them against the French privateers. 
At present there are three ships of war in those Islands, of which 
two went with the last merchant-ships and are to continue there, 
while the third is ordered to convoy the homeward fleet. The 
safety of those Islands depends upon their sea-guard, and since it 
is necessary for those two ships of war to be relieved, we beg that 



AMERICA AND WEST INDIES. 101 

1696. 

a fourth-rate and a fifth or sixth-rate, good sailers, may be ordered 
thither as convoy to the outward-bound fleet, and to remain there 
for the protection of the Islands, while the two ships now there 
convoy the homeward-bound fleet to England. Signed, Bastian 
Bayer, Jeff. Jeffreys, Joseph Martyn, Ed. Gary. 1 p. Endorsed, 
Bead 11 Sept. 1696. [Board of Trade. Leeward Islands, 5. 
No. 8 ; and 45. p. 10.] 

Sept. 11. 202. Memorial of merchants and shipowners trading to 
Virginia and Maryland, to Council of Trade and Plantations. We 
have now several ships in the Thames and gone to the Isle of 
Wight, which will be ready to sail for Virginia and Maryland in ten 
days at farthest. We beg for convoy for the same, and the more 
particularly because we have the greatest fleet ever known to have 
gone to those plantations, being one hundred sail from the port of 
London besides other ports. Also, our fleet being retarded by the 
embargo until the 31st of May last, the Western ports had the 
advantage of us and fetched away the crop for which our fleet was 
designed, whereby it will be impossible to load our fleet until next 
crop which, with so large a fleet, will not be till February next. 
Before the fleet sailed we represented to the Admiralty that a 
limited order to our convoy would occasion our fleet to be divided 
and unable to come together, and we begged that the convoy might 
stay for such time as the exigence of affairs required. They 
answered they would do what should be for the King's service and 
ours, but would not give any time at large. We then advised our 
commanders to address the Commodore herein. They tell us that 
the orders given to him were 110 days, within which lime it would 
be impossible to load, and that the Commodore said he should strictly 
obey his orders ; and they ask us to get the order altered. We beg 
therefore to point out to you that unless some further instructions 
be sent, our fleet cannot be half laden, but we must either come 
empty, or be divided, part to come with the convoy, part to be left 
naked in the country. To convince you further, the 110 days will 
expire on the 1st of December, in which time it would be impossible 
to load above a third of the fleet. The fleet will arrive not only 
when most of the crop will have been shipped by the Western 
fleet, but also at a time when the worm in that country eats the 
ships, so that they will be obliged for six weeks to run up into fresh 
water to preserve themselves, in which time they can do little for 
their loading. The crop with which they are to be _ laden is all 
growing, and cannot be cured and packed ready for shipment until 
February at soonest, or if the winter be hard, very possibly later. 
We beg therefore that a convoy may immediately be provided for 
the ships now ready, which are the last designed to those planta- 
tions this year, and to meet the convoy there with such orders as 
may enable the fleet to be all laden and to come together, and that 
she may come with them, being so great a fleet, for better security. 
Twenty-three signatures. Large sheet. Endorsed, Bead 11 Sept. 
1696. [Board of Trade. Virginia, 6. No. 6 ; and 37. pp- 5-7.] 

Sept. 11. 203. Keasons offered by Major-General Winthrop, Agent for 
Connecticut, why Governor Fletcher should not have demanded, 
and why the Council of Connecticut refused last year, the despatch 



102 COLONIAL PAPEES. 

1696. 

of one hundred and twenty men to Albany. (1) It was impossible 
to raise so many soldiers proportionally out of the several towns, 
some of which are over sixty miles from others, and to send them 
in so short a time as was expected to Albany, which is over 200 
miles distant. Also the provisions must have been transported to 
Albany by water, which is 400 miles. (2) About the time when 
Governor Fletcher made his application, the Government of 
Connecticut received advice of an invasion of their own borders by 
the enemy, several persons, both English and Indians, being slain 
and further dangers threatened. It was therefore necessary to 
send a company of men for their own defence and preservation, 
there being apprehensions that Connecticut was in greater danger 
than New York. (3) The supply was required by Governor 
Fletcher when the Colony was suffering from great want of 
provisions, the corn and grain being generally blasted and arms 
and ammunition being procurable only at excessive rates, viz. 
gunpowder at 15 per barrel. (4) The Government of Connecticut 
had reasons to conclude that the supply would have been useless, 
since by Governor Fletcher's advice the enemy were within a few 
days' march of Albany, and the soldiers when raised could not march 
so far in less than eight or nine days, before which time it was 
very probable that the enemy would have retired or effected their 
design. Moreover the Government of Connecticut had notice that 
200 friendly Indians had passed the lake to fall upon the enemy, 
which force the Government of Connecticut thought sufficient to 
divert them. (5) The circumstances of the Colony were such as to 
render it wholly unable to support the expense of so many soldiers 
at so great a distance for as long as nine months, before 
the end of which time the soldiers were not to be released. Had 
the supply been sent as requested the Colony would have been 
destitute of necessary and proper defence. (6) The Government 
of Connecticut received a letter from the late Queen declaring that 
Governor Fletcher had orders to ask for a quota not exceeding 120 
men, when necessary, but with special directions to draw no larger 
proportion from Connecticut than he should draw from the other 

Colonies. The Government therefore conceived that they were not 
obliged to send 120 men, or their whole quota, since they had no 
advice that any part, much less the whole, of the quotas of other 
Colonies had been drawn out. If they had sent the men, as 
required, the other Colonies would have been freed and Connecticut 
would have borne the whole charge of assisting New York. 
(7) The Government of Connecticut have at all times been ready to 
help New York, and sent a company of soldiers to that province, of 
whom the lieutenant and others were killed. The cost was about 
680. On other occasions the Government of Connecticut raised 
soldiers for New York which cost 100. In 1694 they sent Governor 
Fletcher 600, and in August of that year despatched at his request 
sixty soldiers to Albany, while he was treating with the Five 
Nations. The charge came to over 500. The Government was 
still ready in conjunction and proportion with the other Colonies to 
have assisted New York ; but the quota being so great, and being 
demanded when the province rather wanted than could give assist- 
ance, and when it was labouring under great mischief, the 



AMERICA AND WEST INDIES. 103 

1696. 

Government thought they were not wanting in their duty when they 
refused to comply with Governor Fletcher's demand a demand 
which had been made by no previous Governor of New York. 
The Government of Connecticut therefore submit that Governor 
Fletcher exceeded his instructions and that his demand was 
unreasonable, and they beg the Lords of Trade, of their wisdom 
and their sense of the great oppression of Connecticut in this 
matter, to give orders to restrain the present and future Governors 
of New York from making demands upon Connecticut, which will 
be Very difficult and chargeable to comply with. 1| large pages. 
Endorsed, Read 11 Sept. 1696. [Board of Trade. New England, 8. 
No. 24; and 36. pp. 33-36.] 

Sept. 11. 204. Journal of Council of Trade and Plantations. The 
Agents for the Leeward Islands presented memorials on the subject 
of convoys (see Nos. 199, '201). Mr. Micaiah Perry did the like in 
respect of Virginia and Maryland (sec No. 202). The Secretary 
was ordered to draw up a representation as to the latter. 

Major-General Winthrop presented a memorial as to the quota. 
Sir Henry Ashurst attending, said that Governor Fletcher's 
government was grievous to Massachusetts, and begged the Council 
to hear Leisler and Gouverneur concerning New York. He was 
then desired to draft instructions for the Commissioners to enquire 
as to Naval stores. The Agents for New York were desired to 
attend to-morrow. 

Sept. 12. Mr. Brooke and Mr. Nicoll attended and gave an account of the 
arrangements necessary for an attack on Canada, also some account 
of the administration and condition of New York. The Secretary 
was ordered to write to the Admiralty as to the Virginia convoy. 
[Board of Trade. Journal, 9. pp. 97-103.] 

Sept. 12. 205. William Popple to William Bridgeman. Desiring to 
Whitehall, know the orders that were given to the convoy that left England 
for Virginia in May last, in reference to the time of their stay in 
that country. [Board of Trade. Virginia, 37. p. 11.] 

Sept. 14. 206. Minutes of Council of Jamaica. Account of expenses 
incurred for the King's stores brought up and referred for audit ; 
and order given for an inventory of the stores to be prepared. 
Orders for payments on account of negroes lost by Captain Hanger 
while fighting against the rebellious negroes, on account of forti- 
fications and for other items. [Board of Trade. Jamaica, 79. 
pp. 31-32.] 

Sept. 14. 207. Journal of Council of Trade and Plantations. Order 
for Mr. Nelson to be summoned to attend the Board, as recom- 
mended by the New York Agents. 

Mr. Littleton gave information as to the convoys to Barbados. 
The Chancellor of the Exchequer delivered letters from Sir E. 
Andros of 27 June, from Governor Fletcher of 30 May, and from 
Colonel van Cortlandt of 29 May, all addressed to Mr. Blathwayt. 
[Board of Trade. Journal, 9. pp. 103-106.] 



104 COLONIAL PAPERS. 



1696. 

[Sept. 14.] 208. Abstract of the accounts of the revenue of Virginia. The 
account of the 2s. per hogshead and port duties. 

s. d. 

Discharge [Payments] 4,862 6 6 

Charge [Receipts] 1,527 9J 

Balance due to the Receiver 3,335 5 8 



4,862 6 6 

Mem. This revenue is usually worth 2,500 per annum, but 
the London fleet not arriving before the audit this year, it falls 
short. 

Account of quit-rents of 2s. for every hundred acres. 

j s. d. 

Charge [Receipts] 3,986 10 7 

Discharge [Payments] 499 19 4 

Balance due to the King 3,786 11 3 



3,986 10 7J 



No money can be issued from this revenue but by the King's 
warrant. 1 p. Endorsed, Sent to the Board by Mr. Povey. 14 
Sept. 1696. [Board of Trade. Virginia, 6. No. 7.] 

Sept. 14. 209. Minutes of Council of Barbados. A bill for repeal of 
the Mole-money was amended and returned to the Assembly. 
Writs for the election of two Assemblymen returned, and the new 
members sworn. Order that none but General Officers hold two 
cornmission-oflices in the militia at the same time. 

Sept. 15. Order for stationing the guards of the late Governor's regiment. 
Order for Colonel Bishop, who has accepted a captaincy in the late 
Governor's regiment, to give up the colonelcy of his regiment of 
horse. [Board of Trade. Barbados, 65. pp. 140-141.] 

Sept. 15. 210. List of the laws of Massachusetts sent to the Attorney 
and Solicitor-General on 15 September, 1696. Scrap. [Board of 
Trade. New England, 36. pp. 37-38.] 

Sept. 15. 211. Endorsement of a copy of this list. Scrap. [Board 
of Trade. New England, 8. A T o. 25.] 

Sept. 15. 212. Docket of a list of laws of the Leeward Islands sent to 
the Attorney and Solicitor-General for their opinion. Scrap. 

The list of the laws sent is given in Board of Trade. Leeward 
Islands, 45. pp. 11-12. [Board of Trade. Leeward Islands, 5. 
No. 9.] 

Sept. 15. 213. List of Laws of Jamaica, passed between 4 March and 
1 August, 1695, and sent to the Law-officers' for their opinion. 
[Board of Trade. Jamaica, 56. p. 1.] 

Docket of the list aforesaid. 1 p. [Board of Trade. Jamaica, 8. 
No. 16.] 

Sept. 15. 214. A list of several Acts of the Leeward Islands, Jamaica, 
Maryland and Massachusetts, which were forwarded to the Attorney 



AMERICA AND WEST INDIES. 105 

1696. 

and Solicitor-General on 13 September, 1696, for their opinion. 
4i PP- [Board of Trade. Plantations General, 4. No. 9 ; and 34. 
pp. 36-42.] 

Sept. 15. 215. William Popple to the Attorney and Solicitor-General. 
Forwarding the Acts mentioned in the preceding abstract for their 
report. [Board of Trade. Plantations General, 34. p. 36.] 

Sept. 15. 216. Minutes of Assembly of Nevis. The Association for 
defence of King William was signed by the Council and Assembly, 
the former signing having been irregular. The Assembly sent 
messages as to framing articles of war, regulating alarm posts, and 
removing French prisoners, to which the Council refused to reply. 
A letter from Thomas Weaver, reporting his presentation of the 
Assembly's address to the Governor at Antigua was read. Thanks 
were voted to the gentlemen who presented it. The Assembly 
resolved itself into a Committee of the whole, to meet from time to 
time for the good of the country. [Board of Trade. Leeward 
Islands, 64. pp. 386-388.] 

Sept. 15. 217. Memorandum of the Council of New York. Robert 
Livingston tendered his commission, which was read, when several 
of the Council objected that the allegations on which he had 
obtained it were false, and that he is an alien born. The matter 
was then considered in Committee of the whole Council, and the 
following report was adopted. We have considered the King's 
Commission confirming Robert Livingston in his former offices and 
granting him a salary of 100 a year as Agent with the Indians. 
We would point out that as Collector of Excise, Town Clerk of 
Albany and Clerk of the Peace and Common Pleas Robert Living- 
ston has been sufficiently rewarded by the fees and perquisites 
attached to those offices, insomuch that he has attained to a very 
considerable estate and has risen from nothing to be one of the 
richest men in the province. The office of Receiver of quit-rents 
has always been performed by the sheriffs. As to the office of 
Agent or Secretary with the Indians, there never has been any 
such agent or secretary, all treaties with the Indians having been 
conducted by the Governors in person, or in small matters by the 
commanding officer or magistrate at Albany, acting under special 
directions. All that Mr. Livingston can pretend to have done 
there is to translate from Dutch into English all that passed at the 
conferences, which for more than forty years has been the duty of 
the Town Clerk at Albany. Livingston was never put on any 
public message nor had even any power of agency to treat with the 
Indians, having no knowledge of their language nor influence with 
the Indians, and being therefore incapable of rendering any service 
in return for his salary, which amounts to three fourths of the whole 
revenue of Albany and will fall heavy on that poor province. The 
King's revenues are partly impaired by the present war, which has 
occasioned sundry extraordinary expenses, so that it will not now 
defray the contingent emergencies thereof and those moderate salaries 
settled on officers whom the Government cannot want and who 
are many of them in arrear. We would also represent that Robert 
Livingston is an alien, born of Scotch parents in Rotterdam, and no 



106 COLONIAL PAPERS. 

1696. 

native born subject of any of the King's dominions, and is con- 
sequently disabled from holding any place of trust relating to the 
Treasury by the Act lately passed in England to prevent frauds and 
regulate abuses in the Plantation trade. We think that this report 
should be laid before the King, and that meanwhile Livingston 
should be suspended of the said salary and of acting as Agent with 
the Indians except as Town Clerk of Albany till the King's pleasure 
be known. Signed, S. V. Cortlandt, N. Bayard, Wm. Pinhorne, G. 
Minivelle, Wm. Smith, Caleb Heathcote, Fredryck Flypse. 2J pp. 
Endorsed, Reed. 9th, Read 24th Dec. 1696. Annexed, 

217. i. Answer of the Council of New York to the paper called 
the case of Robert Livingston, annexed to his petition 
to the Lords of Trade and Plantations. He, Livingston, 
alleges that 561 is due to him for the victualling of two 
companies at Albany in the time of the late King James, 
and ,200 more for support of the garrison at the time of 
the Revolution. He says also that the said 561 is 
included in Colonel van Cortlandt's order upon the 
additional duty. On examination we find but 491 so 
included ; nor has Livingston actually disbursed that 
sum, great part of it being still owing to the brewer and 
others, to whom he always refused payment until he 
received it from the Crown. As for the 200 which he 
pretends to have ordered for the garrison at Albany, we 
are well assured that he has Major Schuyler's and Major 
Wessels's bonds for that money, he refusing otherwise to 
credit the Government, notwithstanding his pretended 
great disbursements. He then avers that the Governor 
has applied the whole of the additional duty otherwise 
than was appropriated by Act of Assembly, whereby Col. 
van Cortlandt remains unpaid and himself unsatisfied. 
Governor Fletcher as soon as he received orders for 
the payment of the officers and soldiers in 1688, recom- 
mended to the Assembly an additional duty to pay the 
debts of the Government ; but the invasion of the 
Mohawks by the French in February, 1692-3, obliged 
him to embark for Albany in haste with 900 men, 
which notwithstanding the difficulty of the season he 
accomplished in two days. On his return the accounts 
for that expedition being brought in, wherein Mr. 
Livingston was chiefly concerned, Mr. Livingston was 
very pressing not only for that money but also for what 
was due to him on account of the fusiliers. As it was 
impossible to satisfy him by present payment he used 
his advantage to threaten to decline further victualling 
of the forces, knowing that the forces could not be 
otherwise provided for and that no money was in to be 
got into the Treasury. The Governor and Council were 
therefore, to prevent the sinking of the Government, 
obliged to pass an order that all the money in the 
hands of the Collector, for whatever purpose raised, 
should be used to supply the exigences of the frontier. 
This with the extraordinary charges of securing the 



AMERICA AND WEST INDIES. 107 

1696. 

Indians has run the Government 1,882 in debt to that 
duty, which is to be reimbursed as soon as the revenue 
is able. For Mr. Livingston's further satisfaction an 
order was passed empowering the Collector to reserve 
the arrears of taxes and account for the overplus, so 
that Mr. Livingstone is very unfair in charging the 
Government with action which was forced upon it by 
his importunity. Nor has one farthing of this or any 
other money sunk into the Governor's pocket, as is by 
some alleged. We are witnesses that not a penny of 
his salary has been drawn from the Collector except 
publicly in Council; and such methods of examining 
the accounts have been observed since the Governor's 
arrival so as to make any imposition on the Government 
impossible. It has also been alleged that the Assembly 
could not view the accounts of the Government, whereas 
the Governor has repeatedly pressed them to examine 
every detail. 

Mr. Livingston then claims 388, New York money, 
advanced for the troops in 1688. It is well known that 
Governor Dongan took on himself the whole cost of 
that expedition, and, as we are informed, has since been 
paid in England. The 388 is consequently included 
therein and is no debt on this Government, and Mr. 
Livingston ought to account with Colonel Dongan and 
the officers for the same. And if this be all true (as 
we have reason to believe) the King is very much 
imposed on, not only in relation to this 388, but also 
because several of the troops included in Colonel 
Dongan's account were paid here by Lieutenant-Gover- 
nor Nicholson in May, 1689, to the sum of 383 ; so 
that this sum has been twice paid by the Crown. 

Mr. Livingston then claims to have advanced to this 
expedition of 1688 the sum of 2,172, New York 
money, for which he claims interest at eight per cent. 
We cannot understand how he could demand interest 
for that debt, Colonel Dongan's estate in Staten Island, 
which is worth twice as much, being mortgaged to him 
for the same. Having Col6nel Dongan for his pay- 
master and his estate for his security, Mr. Livingston 
deals very unfairly with the Crown in requiring interest, 
especially at eight per cent. The legal rate of the 
province is but six per cent, and his debt arises not for 
money disbursed but for goods sold at 50 per cent. 
profit, and great part of them taken up on credit and 
not paid for. Then fourthly, Mr. Livingston alleges 
that he subsisted (which means only victualled) the 
King's forces at Albany from the Eevolution until 
November, 1694, and for this claims 900. We find 
that Mr. Livingston victualled the companies for that 
time, not alone but in company with Colonel Van 
Cortlandt, who assures us that Governor Fletcher dis- 
charged the accounts of victualling due to them in his 



108 COLONIAL PAPEBS. 

1696. 



predecessors' time, that the accounts have since been 
cleared punctually every six months, and that at 
Mr. Livingston's departure from the province there 
was due to him but 396, both for the King's com- 
panies and for the militia, which the Governor at his 
request paid to his creditors, whose receipts can be 
produced. A more unjust assertion than Mr. Living- 
ston's could not be thought of, since Colonel van 
Cortlandt and he (as can be proved under his own hand) 
have often said that they never were so well paid by any 
Governor. Mr. Livingston's denial of receipt of that 
.900 is therefore, we are sure, untrue, and maliciously 
designed against the credit of the Government. As to 
his fifth assertion respecting the powder taken from him 
by Jacob Leisler, we are satisfied that it is true. But 
others suffered more than he, the total loss thus sus- 
tained in New York being 13,959 ; and in this time of 
war we cannot relieve them, and indeed are apprehensive 
that the precedent of satisfying him may multiply 
claims. 

Mr. Livingston then asserts that he has acted as 
Secretary and Agent with the Five Nations, as is proved 
by the memorials of the negotiations with them, with- 
out salary or recompense. There has never been any 
such officer. All negotiations have been performed by 
the Governor in person, or in unimportant cases by the 
Commander-in-chief or Magistrates at Albany, under 
the Governor's directions. No such directions have 
ever been addressed to Mr. Livingston, he having no 
knowledge of the Indian languages nor influence with 
the Indians. We submit that a Commission to negotiate 
with the Indians is an affair of too great moment to be 
entrusted to any private hand, for the Indians are so 
fickle that the least breach, if mismanaged, might cause 
great inconvenience not only to New York but to all the 
Colonies. We are of opinion too that his salaries, 
amounting to 180, New York money, will be a heavy 
burden and will swallow up all the revenue of Albany, 
hitherto applied to repair of the fortifications. Nor will 
Mr. Livingston do any service for his salary of Agent. 
He has never done more than take the minutes of the 
negotiations, which has often been done by private 
persons with the Governor. Nor is his post of Town 
Clerk as despicable as he represents it. Many people 
have petitioned for it, and as good men as he could be 
found to discharge it without salary. He then sets forth 
that he has performed the offices of Collector of Excise 
and receiver of quit rents at no more salary than 50. 
The salary amounts to a fifth part of that revenue ; we 
think it more than sufficient and have seriously con- 
sidered the lessening of it. 

As to the paragraph setting forth his large disburse- 
ments for the Crown, and that, his public employments 



AMERICA AND WEST INDIES. 109 

1696. 

not affording him subsistence, he was forced to make a 
voyage to England, we are amazed that he can make 
such statements. When he first came to the Colony he 
was in such a condition that had he not obtained the 
place of Town Clerk at Albany he would have been 
forced to enlist as a private. Having served for some 
time as Town Clerk he received the posts of Collector 
and Keceiver, and as he had the payment of all 
incidental expenses on the frontiers and paid them not 
in money (as he received it) but in goods, he had a 
considerable advantage. Colonel Dongan then confirmed 
him in his offices with the addition of victualling and 
paying the forces at Albany, by which, as he did so in 
goods, he much improved his fortune. The Governors 
also have from time to time given him valuable tracts 
of land. On Governor Sloughter's arrival he retained 
all his former offices and was further appointed a 
Commissary with a salary of 45 10s. Orf., with the 
advantage of paying all incidental expenses on the 
frontiers. This he did in goods at such extravagant 
rates as occasioned general complaint, so that in 1694 
the Governor, in justice to the soldiers, issued a proclama- 
tion that the Captains would give the men tickets for 
any necessaries that they wanted before their pay became 
due, to such shops or merchants as they wished. Vast 
sums of money have passed through Mr. Livingston's 
hands since Governor Sloughter's arrival, amounting 
in all to 10,284, one tenth of which was paid 
not in money but in goods at thirty to fifty per cent, 
advance. It is not difficult to calculate his profits, 
so that he is believed to be one of the richest men 
in the Colony, both in real and personal estate. Much 
of his fortune he has made through the favour of the 
Governor and in particular of Governor Fletcher, in 
whose time he has had no arrears to demand, but has 
always been paid in full. He is therefore not only 
ungrateful but unjust in alleging that he has been 
reduced to great straits by his large disbursements for 
the Crown. He would never trust the honour of the 
Crown, but would always have private security for his 
advances to the public, as is abundantly proved. As to 
his petition that 761, with interest, may be paid him 
out of the additional duty, the Assembly has already 
made provision for the payment of all debts in proportion 
that are charged on that fund, so that preferable pay- 
ment to Mr. Livingston will absolutely defeat the intent 
of the Act. Nor can interest be paid him out of that 
fund, as no provision has been made for it, and it would 
be a bad precedent. We have much greater claims for 
services done to the Government than Mr. Livingston's. 
The claim for 388 we have already dealt with, having 
proved that it has already been once paid. We have 
also dealt with the 1,670 advanced by him to Colonel 



110 COLONIAL PAPERS. 

1696. 

Dongan, as also with the remainder of his claims. Thus 
we have answered Mr. Livingston's petition, and we 
hope that the King and the Lords will consider that the 
burden of his salary and interest may be removed, as it 
will be a great discouragement to gentlemen who have 
done greater services than Mr. Livingston to the Gov- 
ernment, not only by daily labouring in the King's ser- 
vice but by travelling to all parts at great expense to 
themselves as well as by advancing money to the Govern- 
ment, without consideration of interest, and engaging 
their estates to Mr. Livingston and others without the 
least expectation of advantage. Mr. Livingston has 
never rendered any services that we know of or heard 
of, which did not tend to the advancement of his own 
fortune. Signed. N. Bayard, S. v. Cortlandt, Caleb 
Heathcote, John Lawrence, G. Minivelle, Wm. Pinhorne, 
Wm. Smith, John Willett. 9J pp. Endorsed, Eecd. 
9th Dec. 1696. Bead 24th. 

217. n. Petition of Robert Livingston to the Governor and 
Council of New York. Having represented to the Lords 
of Trade and Plantations that the following sums were due 
to me for disbursements on behalf of the Government, 
viz. 527 for money advanced to the troops in the late 
King's time, 233 expended for the garrison at Albany 
at the Revolution, 388 advanced for the troops in 1687 
the Lords ordered that those sums should be re- 
imbursed to me, preferably out of the revenue received 
under the Act of 1693 for paying the public debts. I 
produce the vouchers, and beg that they may be 
examined, and that warrants may be issued for payment 
to me according to the orders from Whitehall. I am 
informed that a further sum of 900 claimed by me has 
been paid to the Treasurer since my departure, so I say 
no more as to that. 

Report of the Council of New York on the foregoing petition. 
We have examined the allegations in Mr. Livingston's 
petition. For the sum of 527 he shows a certificate 
under Colonel van Cortlandt's hand, which will be paid 
as soon as he receives it. For the remaining 37 he 
produces bills and bonds from Lieutenant Sharp and 
some of the soldiers to the value of that sum, which were 
debts bought of them after Governor Slough ter's 
accounts had been made up and passed. The Lieutenant 
and soldiers having already orders for their full pay, 
some of which are assigned to others, this sum cannot 
be allowed to Mr. Livingston. As to the sum of 233 
it seems that he has the sum of 200 in the Albany 
accounts, which will be paid to him as the Act directs. 
The 33 appears to be a debt bought from another 
party, and is likewise included in the Albany account. 
He shows an order from the King that he shall be paid 
preferably to all others if his allegations be true. In our 



AMERICA AND WEST INDIES. Ill 

1696. 

opinion the said allegations are not all true, and since 
warrants are already granted to sundry officers, in which 
the said sums are included and part of the money 
already paid, and since the Act made in April last sets 
forth in detail under special rules the sums which are 
to be paid out of that fund, we are of opinion that 
the Governor cannot legally derogate from the rules 
but should submit the matter for the King's further 
consideration. As to the 388, he produces vouchers 
and certificates signed by several officers for that sum ; 
but since Governor Dongan took upon him the 
whole charge of that expedition, and 1,016 was 
paid to him in that account, and 383 more 
paid to the troopers and soldiers, and part or 
the whole of the remainder has (as we are 
informed) been paid to Colonel Dongan in England, we 
think this article cannot be allowed without further 
examination, and that it should be recommended to the 
consideration of the Assembly. As to the 900 which 
Mr. Livingston now acknowledges to have received, we 
find that only 396 was due to him at his departure, 
and 544 to Colonel van Cortlandt. We also find that 
at his departure the Governor undertook to pay the 
same to one of his creditors and to Colonel van 
Cortlandt, which was accordingly done. So that when 
Mr. Livingston claimed that 900 there was not one 
farthing due to him for victualling from Colonel 
Sloughter's arrival until that time. We beg that this 
report may be forwarded to the King and to the Lords 
of Trade and Plantations. Signed, N. Bayard, 
Frederyck Flypse, Caleb Heathcote, G. Minivelle, Wm. 
Pinhorne, Wm. Smith, S. v. Cortlandt. 4J pp. 
Endorsed as No. i. 

217. in. The Council of New York to Lords of Trade and 
Plantations. 2 August, 1696. Having been acquainted 
of several depositions taken against Governor Fletcher, 
we beg to certify as follows. Since his arrival we have 
had frequent and weekly meetings in Council with full 
freedom of debate. He established a new method for 
payment of public moneys by warrant passed in 
Council ; and all accounts of incidental expenses are 
examined by a committee before the warrants pass. 
He has at all times taken our advice in the adjourn- 
ing, proroguing and dissolving of the Assembly, and 
in many other things wherein our consent is not 
required. We do not know that he has been any 
ways concerned in the choosing of members of Assem- 
bly except by recommending us to use our influence 
to persuade the people to choose honest and well-affected 
men, who will regard the security of the frontiers and 
be instrumental in raising a sufficient fund to ensure it. 
He never in the least urged anything upon the Assembly 



112 COLONIAL PAPERS. 

1696. 

for his private advantage, and we mast justify him in 
the disposition of all public money by our advice and 
consent. We can give many instances of his care and 
vigilance for the defence of the Province, especially on 
the frontiers. He has made many repairs for the forts, 
and when the funds voted by the Assembly for erection 
of the chapel in the fort at New York proved insufficient, 
he advanced over '300 from his own pocket and 
declared that he would have neither interest nor profit. 
He has by all our observation been an encourager of 
virtue and discountenancer of vice. By his encourage- 
ment an English church of stone, with a steeple, is 
erecting by voluntary contributions : we have had none 
in the Province hitherto. He has always been as easy 
of access to the poor as to the rich, early and constant 
in business, regular in his life, observant of his promise, 
punctual in all payments for the necessaries of his 
family and the victualling of the Companies, so that the 
tradesmen make interest for his custom and employment. 
He has taken much pains to unite the people and 
remove the heats and animosities of parties. He had 
the disadvantage of coming to a province which gives 
him abundance of care and business, being the frontier 
to Canada ; where the revenue was much anticipated, 
the fortifications much out of order, many old debts to 
pay, and the people harassed with detachments and 
levies for defence of the frontier. The people are the 
more backward and uneasy, since their neighbours, who 
share with them protection, will contribute nothing to 
our defence but grow by our calamities, having got great 
piirt of our trade and people. We are thankful to the 
King for appointing a gentleman of Governor Fletcher's 
worth and honour, and we pray that we may be believed 
in this declaration, which is from our hearts. Signed, 
N. Bayard, G. Minivelle, Wm. Pinhorne, 8. v. Cortlandt, 
Caleb Heathcote, John Lawrence, Wm. Smith, Thomas 
Willett. 3 pp. Endorsed as No. i. [Board of Trade. 
New York, 6. Not. 57, 57 I.-IIL] 

Sept. 16. 218. The Secretary of Massachusetts to William Blathwayt. 
Boston. Herewith I send duplicates of the Minutes of Council, Journal of 
Assembly, and of Acts ; also further Minutes of Council from 
25 March to 9th September past, Journal of Assembly at the 
session begun on 27 May last, the laws then passed, and the 
Treasurer's accounts from May, 1695, to May, 1696. The General 
Assembly met upon adjournment to-day, and I expect will send 
their address to the King by this fleet. Signed, Isa. Addington. 
1 p. Endorsed, Reed., Read 30 Nov., 1696. [Board of Trade. 
New England, 8. No. 26 ; and 86. pp. 60-61.] 

Sept. 16. 219. Journal of Council of Trade and Plantations. The 
Secretary shewed lists of the Acts of the Colonies now lying before 
the law-officers. 



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114 COLONIAL PAPERS. 



1696. 

Sept. 17. John Courts's absence excused on the ground of his sickness, and 
that of Colonel Jowles on account of lameness. Eeport of Colonel 
David Brown that he had appointed Thomas Poynter to be Deputy- 
Collector and Naval Officer on the seaboard side of Somerset County. 

Sept. 18. A short report of one of the Commanders of the rangers read. 
Ordered that he give more particular account of all their doings. 
Four ex-sheriffs summoned to answer for neglect of the Council's 
orders as to supernumerary tithables, and order given that the 
sheriffs obtain a list of tithables signed by the head of every 
family, when they go to collect the levy. Order that ships be no 
longer appraised on seizure, but that they lie under seizure until 
condemned, as the appraisement is generally undervalued. [Board 
of Trade. Maryland, 13. pp. 143-148.] 

Sept. 16. 222. Journal of House of Burgesses of Maryland. Sixteen 
members only present. Adjourned until to-morrow. 

Sept. 17. Major Edward Dorsey obtained leave of absence to take care of 
the warlike stores from England, now on board a ship. 

Sept. 18. A new writ asked for to elect a member instead of Robert Mason, 
who produced the King's Commission as High Sheriff of St. Mary's 
County. Committee of elections and of privileges appointed, which 
reported as to newly elected members. A member elected in place 
of a member who was gone to England was discharged, the absent 
member's seat being not vacated. The new members sworn. 
Message to the Governor. We have received your intimation that 
Lieutenant-Colonel John Coode is a priest and incapable of sitting 
in our house. We would acquaint you that he is duly elected, and 
has sat in the General Assembly for almost twenty years together. 
He also holds several commissions for various offices from the King 
and Lord Baltimore. We humbly conceive that we are the proper 
judges of our own members, and have resolved that John Coode is 
duly qualified as a member. Message ends. Message from the 
Governor and Council. We admire that the House which sits by 
the King's Commission can at this time of day adduce precedents 
from Lord Baltimore's time, considering that irregular proceedings 
were the chief cause for overthrow of his Government. We would 
ask whether Mr. John Hewett was not disallowed, as being a clergy- 
man, since the King's government, and we must require the opinion 
of the lawyers on the point. Message ends. Sir Thomas Laurence 
reported that he was ready to give the House an account of affairs in 
England. Resolved that no further business be proceeded with 
till the affair concerning Colonel Coode be determined. 

Sept. 19. After reading the journals of yesterday the House adjourned. 
[America and West Indies. 557. No. 17.] 

Sept. 16. 223. Minutes of Council of Maryland in Assembly. Several 
letters from the authorities in England of various departments were 
ordered to be laid before the Burgesses, including the Order in 
Council of 4 January for disallowance of several Acts, as well as 
other documents emanating from Maryland. 

Sept. 17. Several proposals to be laid before the Burgesses were read. In 
reply to a message announcing the arrival of warlike stores from 
England, the Burgesses appointed one of their number to look to 
them. 



AMERICA AND WEST INDIES. 115 



1696. 

Sept. 18. Application being made to the Governor for members of Council 
to swear newly-elected burgesses, the Governor took notice that one 
of them, John Coode, was a priest, and therefore not qualified. 
Messages from and to the Burgesses on the subject of John Coode. 
(See preceding abstract.) The Governor summoned all the lawyers 
in town to attend the Council that night, who reported that clerks 
in orders being ineligible for the House of Commons were so like- 
wise in the House of Burgesses, and that orders are indelible but 
by the authority by whom they were conferred. A resolution of 
the Burgesses to sit from nine till four daily was received (p. 123). 

Sept. 19. The lawyers' opinion was sent down to the Burgesses, who were 
found to have risen. [Board of Trade. Maryland, 14. pp. 115-119.] 

Sept. 17. 224. Minutes of Council of Jamaica. The Governor 
acquainted the Council with intelligence that had reached him from 
the Spaniards, that the French had forty sail of ships and men-of- 
war cruising before Havana, and designing thence to Martinique in 
June, to join twelve men-of-war and twelve victuallers which were 
expected from France, with intention to come down and destroy 
Jamaica, bombard Carthagena and Porto Bello and destroy the 
galleons in those ports ; which reports agreed with others brought 
from St. Domingo by prisoners. He then asked the Council's 
advice thereupon, who answered as follows : We think that a 
duplicate of our minutes of 20 July last should be sent to England 
by an express, and that the King and Council be begged to hasten 
the sending of recruits and of the two lire-ships therein requested, 
also to send six mortars of thirteen or fourteen inches diameter, 
with carriages and ammunition, also fifteen hundred swords and 
bayonets for foot-soldiers and five hundred swords for horsemen, 
without which support there is no prospect of saving the Island if 
the French pursue their design. It should also be represented that 
fifty-gun ships are set out in Europe with crews of from 230 to 240 
men, but when they are sent here, where some men die and more 
fun away, they are not allowed more than 180 men, and commonly 
bring even fewer. They then stay here sometimes for two years 
without recruits, and so are rendered almost useless for the King's 
service or for defence of the Island. Signed, John Bourden, Edw. 
Broughton, Peter Heywood, Charles Knight, Rich. Lloyd, Rich. 
Dawkins, Nicholas Lawes, Pe. Beckford, Char. Chaplin, Tho. 
Ayscough. Orders for payment of salaries. [Board of Trade. 
Jamaica, 79. pp. 82-33.] 

Sept. 17. 225. Governor Fletcher to William Blathwayt. Mr. Living- 
New York, ston has presented to me a petition in Council, with the King's 
order for the satisfaction of his just claims and demands, as 
represented by the Lords of the Committee ; their Lordships 
having represented that if the Governor and Council hold the 
petitioner's allegations to be true, he shall be reimbursed preferably 
before all others. It likewise appearing that all the sums he claimed 
(except 900 which he claimed from me and which he now acknow- 
ledges is paid him) were debts contracted by the ^Government long 
before my arrival in the province, I committed the matter to those 
of the Council who are best acquainted with the former transactions. 
They have made their report, which is transmitted to Mesars. Brooke 



116 COLONIAL PAPERS. 

1696. 

and Nicolls, to be laid before the King and the Committee. Mr. 
Livingston has also tendered to me in Council a Commission to 
confirm him in his former offices and salaries, and also in his office 
of Agent with the Indians, to which the Council moved that they 
had sundry objections to make against Mr. Livingston or any 
single person officiating as Agent with the Five Nations, and against 
the salary of 100, which are likewise put in writing and trans- 
mitted. Signed, Ben. Fletcher. 1 pp. Endorsed, Reed. Read 
30 Nov., 1696. Answered 1 Feb., 1696-7. [Board of Trade. New 
York, 6. .Vo. 58 ; and 52. pp. 42-43.] 

Sept. 17. 226. Governor Fletcher to Lords of Trade and Plantations. 

New York. ^ small party of River Indians has returned since my last with 
one prisoner and the scalp of a soldier. About ten days ago a 
skulking party of French Indians killed one man and wounded 
another near Senectady. A party of the Upper Nations returning 
from Canada met the French army on their retreat, fell upon a 
party in their rear and killed several of them. They were hotly 
pursued, but escaped. The Onandagas are returned and have sent 
to desire me to meet the Five Nations at Albany immediately. I 
am just about to embark. I have added considerably to the presents 
sent by the King on this occasion, and hope to rivet the Indians to 
the King's interest. I take with me shirts, coats and shoes for the 
companies to the value of 500, which was given them by the 
Assembly for their encouragement. I have issued a proclamation 
prohibiting any Indian corn or pease to be brought down the river 
until April nest, that the Indians may be first supplied in their 
extremity. Since my last arrival from Albany a ship from Jamaica 
arrived here, which with six other sail was captured off Hispaniola 
by a French squadron. While bound for France under convoy of a 
small French privateer they were dispersed by a storm and most of 
them dismasted. This ship being driven upon this coast was 
piloted into harbour, the captain being dead and no other officer 
aboard. Upon survey she is reported to be worth 8,000 with her 
cargo. Ten Frenchmen who were on board I have sent away to be 
exchanged as prisoners of war. They report that the Naval squadron 
has taken a galleon worth 900,000 pieces-of-eight. They were before 
St. Domingo and threw some bombs, but were beat off. They were 
upon the coast of Jamaica, and I have heard no more of them. Two 
French men-of-war have infested the coast of New England and 
taken a galley and the post of Pemaquid. The Lieuteuant-Governor 
tells me that he learns from released prisoners that the Governor 
of Canada has positive orders to attack Albany. I shall not be 
wanting in my duty, but I cannot obtain a man from Connecticut, 
the Jerseys or Pennsylvania. A French "banker" was recently 
taken here and condemned, being appraised at 350. I shall duly 
account for the King's tenths. I send the Minutes of Council, and 
Acts, also a copy of Mr. Livingston's petition and the opinion of the 
Council thereupon, which with all other matters will be represented 
to you by Mr. Nicolls and Mr. Brooke. I beg for stores of war and 
punctual payment of the companies. Signed. Ben Fletcher. 3 pp. 
Endorsed : Reed. 30 Nov. Read 7 Dec. 1696. Answd. 1 Feb. 
1696-7. [Board of Trade. New York, 6. JVo/59; and 52. 
pp. 48-50.] 



AMERICA AND WEST INDIES. 117 



1696. 
Sept. 17. 227. Minutes of Council and Assembly of Antigua. Colonel 

Henry Holt was sworn of the Council. 
Sept. 18. Adjourned to 1 October. [Board of Trade. Leeward Islands, 

64. p. 182.] 

Sept. 18. 228. Governor Fletcher to William Blathwayt. I am not 
New York. w illi n g to take up much of your time with my scurvy scribbles, 
having said all that occurs to my thoughts in this hasty call from 
the Five Nations, who have been driven from their wooden castles by 
the French and are returned. They desire to see me at Albany in 
a very short warning, and I am now ready to step on board. The 
French Count of Canada has made but a very silly business of it 
after three years' preparation, afrighting a few naked Indians only. 
By this he shows them his strength and his mercy, being recruited 
this summer from France. He told all that he took prisoners 
that his business was to bring them under the protection of his 
master, but not to destroy them. Our chief Sachems would 
not be persuaded to stay and treat, but tied, seeing his force, 
and are now returned. I hope to rivet them in their allegiance 
by the presents from the King and an addition from this 
province, but yet I want the most cogent arguments a good 
body of men. I have always said, and insist on it, that five 
hundred is the least that can be thought a sufficient guard for the 
frontiers. But not one man could I get, after repeated applications, 
from the neighbouring Colonies, when I had intelligence that the 
French Count was marching on Albany with three thousand French 
and Indians. I was obliged to hasten up thither with a detachment 
of my own, where I had no other force but the three companies in 
the King's pay. The Count civilly retreated, though I am informed 
from Boston that the French captains, who with the Indians took 
Pemaquid, say the French King had sent positive orders to the 
Governor of Canada to take Albany without that exception, if he 
could get it. But I am under hard circumstances no stores of 
war sent from England and no assistance from our neighbours 
embarked in the same bottom, which I beg you to represent to the 
King and to the Committee. I have spoken to Mr. Povey of three 
lieutenants, who in effect deserted. They refused to serve and gave 
me their resignations. I immediately filled their places, pending 
signification of the King's pleasure. I desired the Council to con- 
sider and report of Mr. Livingston's affair, being unwilling to be 
present in their debates lest it should be supposed that I influenced 
them, which I am sure I would not endeavour, though he has done 
me much wrong there. The papers will be sent after I am gone to 
Albany. Livingston has many relations and countrymen here. 

1 will allow them to be judges. Signed, Ben. Fletcher. Holograph. 

2 pp. Endorsed, Reed. Read 30 Nov. 1696. Answered 1 Feb. 1696-7. 
[Board of Trade. New York, 6. No. 60 ; and 52. pp. 44, 45.] 

[Sept. 18.] 229. Major-General Winthrop's journal of his march from 
Albany towards Canada in 1690. Pursuant to orders from the 
Governor of Connecticut to command the forces designed against 
Canada I left Hartford on the 14th of July, 1690, and after seven 
days' tedious march through the difficult and almost impassable 



118 COLONIAL PAPERS. 

1696. 

parts of the wilderness I arrived at Albany with the additional 
forces of Connecticut, Captain Joseph Fitch's and Captain Johnson's 
companies having been commanded thither some time before. 
Here I found the design against Canada poorly contrived and little 
prosecuted, all things confined and in no readiness or posture for 
marshalling the forces towards Canada, yet everyone disorderly 
projecting something about it. Here I found a great defect in the 
complement of the New York forces, not above 150 of the number 
engaged at New York on May 1st, which amounted to 400. On 
the 29th of July the Eev. Mr. Walker of Woodbery, who accom- 
panied me by the Governor's desire to preach to the Army, and 
Mr. Chancy, chaplain to the forces, sent before me, returned to 
Connecticut with my letters to the Governor to report the difficulty 
of our affairs and the increase of small-pox in the army, many 
being dead in the several companies. On the 30th of July I gave 
orders to the three companies of Connecticut and a company of 
their Indians to march to the flats about four miles from Albany, 
the Dutch companies being two days' march before them. They 
made their way north and north-by-east. Aug. 1. Early in the 
morning 1 followed the army and quartered for the night at a 
place called Stillwater, so named because the water passeth so 
slowly as not to be discerned, yet at a little distance above and 
below is disturbed and rageth as in a great sea, which is 
occasioned by great rocks and great falls therein. We made 
our way north and north-by-east. Any. 2. We marched forward 
and were overtaken by a post with letters from the Governors of 
Boston and Connecticut, signifying the readiness of the fleet to 
sail towards Canada, and quartered this night at a place called 
Saratogo. about fifty miles from Albany, where is a blockhouse and 
some of the Dutch soldiers. Here I overtook Mr. Wessells, Recorder 
of Albany, and a company of the principal gentlemen volunteers of 
that city. At this post I received letters from the Mayor of Albany, 
then up in the country, that canoes were making for the army. 
Thus far the way has been very good, only four great wading-places, 
one of them dangerous both for horse and man. This day I sent 
Captain Nicolls with some horse to Albany to hasten our provision. 
Our course north-east and by north. Aug. 3. We still continue 
here by the side of the Hudson's River, where it is fordable, and had 
notice that our provision was coming up to us part of the way in 
waggons, and then in canoes. Any. 4. I consulted with the officers, 
and it was concluded to march forward ; and then we divided our 
provision, which was about thirty-five cakes of bread for each 
soldier, besides pork, which was scarce eatable. At this post I left 
Lieutenant Thomas Avery with some soldiers to guard our pro- 
vision to us, which was coming up the river. From this place the 
burgers and Dutch soldiers carried their provisions up the river in 
birch canoes and the English soldiers theirs on horses, there being 
no more canoes. We marched eight miles this day and quartered 
near the Dutch companies at the little carrying-place, where the 
water passeth so violently, by reason of the great falls and 
rocks, that canoes cannot pass. So the men were obliged to 
carry their canoes and provisions on their backs a pretty way to 
a passable part of the river. Our course north-by-east. Aug. 5. 



AMEKICA AND WEST INDIES. 119 

1696. 

The English soldiers marched with their provision on horses to the 
great carrying-place, about eight miles from the little carrying- 
place, where we overtook the Dutch companies carrying their 
canoes and provisions over the great carrying-place on their backs 
about twelve miles, a very bad and difficult passing. This hardship 
the Dutch soldiers performed vigorously and without any repining, 
which made me think nothing would be difficult for them to perform. 
Our way this day was a continued swamp, abounding with exceeding 
tall white pine, fit to mast any ship. No grass for our horses this 
day; our course has been north. Aug. <i. We marched over the 
carrying-place, about twelve miles, and encamped on a branch of 
Wood Creek, called the Folk, that leads into the lake and is 
accounted part of the lake water, as it constantly payeth its tribute. 
In this creek canoes pass into the lake called Corker's Lake, and 
so to Montreal and thence to Quebec. Our way a continued swamp 
of stately white pine. From this place horses can pass no further. 
Our course this day east-north-east. Aug. 1 . I sent thirty horses 
under Ensign Thomlinson to Saratogo for more provision, and 
leaving the forces at this place under the care of Captain Nicolls I 
passed down the river, taking Captain Fitch and Captain 
Prentis with me, and two files of musketeers in birch canoes, 
managed by some of the burgers, while the new New England 
Indians marched by the riverside under Captain Stanton, to the 
Wood Creek or Houtkill. Here I had intercourse with the 
Mayor of Albany, the burgers and the Maquas' captains. I 
encamped on the north side of Wood Creek. Our course this day 
north-east. Aur/. 8. I called a council of war and treated with the 
Maquas' sachems and chief captains, and delivered to them that I 
was sent hither by all the Governments of New England for Their 
Majesties' service against the French and Indian enemies, and was 
charged to remind them of the ancient friendship between the 
English and the Five Nations, and that I now asked for their 
advice as to the best way to prosecute the war against Canada. 
On this they separated and consulted for a considerable time, when 
they answered by a chief of each nation that they had considered 
the proposition, and left it wholly to ourselves to order about it. 
It was then thought by the Council of War that this answer did not 
sufficiently engage them in the design against Canada. It was 
further proposed to them to give advice what number it would be 
proper to send out as scouts to find the other natives, who were to 
meet at Fort La Motte. They answered upon long consideration 
that they advised the whole army to march, which did not appear 
possible to the Council of War. Aug. 9. We still encamp here, 
where Captain Johnson returned to me, whom some days since I 
sent to Albany to press the commissaries for a further supply of 
provision. My letters from the Commissioners of Albany assure me 
that provision is not to be had upon the place. Captain Johnson 
also gave me an account that on his leaving Albany a Dutch 
soldier came from Arnout, the interpreter, who was then up in the 
Senecas' country and was to go with them and the other natives 
to Fort La Motte, saying that by reason of the small-pox, so general 
among them, they could not comply with their promise of so many 
hundred soldiers, that the great God had stopped their way which 



120 COLONIAL PAPERS. 

1696. 

was the expression they used. This news did alike dishearten the 
burgers, who freely offered themselves in the design ; but having 
no letter from the Commissioners at Albany of this matter I dis- 
patched an express immediately to know further therein. Ant/. 10. 
I am informed that the soldiers which I left at the fork, about twelve 
miles distant, are taken sick daily. Aug. 11. I desired the Mayor 
of Albany, a person of the greatest interest with the Indians, to take 
with him a company of the burgers, the chief captains of the 
Maquas and fifteen of the New England Indians to go six miles 
down the river to try if more canoes cannot be made. This day I 
sent the Dutch doctor to visit the soldiers which I left at the fork, 
who tells me that Lieutenant Hubble is sick of the small-pox and 
others likely to be taken, and that some are sick of other dis- 
tempers. Aug. 12. A very rainy day. About five o'clock in the 
afternoon I received letters by express from the Governor of Con- 
necticut and the Commissioners at Albany, confirming the report of 
Arnout's return from the Upper Nations. Aug. 13. I sent for the 
Mayor and the Maquas' captains from below the river, the time 
being so far spent that the bark would not peel, so that no more 
canoes could be made. On his return I called a Council of War, 
most of my officers being present, and the chief captains of the 
Maquas, to whom 1 mentioned as is written in a paper the same 
day. Aug. 14. We discoursed further with the great Captains of 
the Maquas. The account thereof is written in a paper of the same 
day. Aug. 15. This day finding no possibility of getting provision 
to support the forces here any longer, that there were not 
canoes to transport half the Christians, and that we could not by 
any means at this post alarm or spoil the enemy, it was thought 
most advisable to return with the army, having first given orders to 
the Mayor's brother, Johannes Schuyler, a man of great value to 
the Indians, to take forty Christians and one hundred of the Maquas, 
Skatchkooks and River Indians, and enter the enemy's country, 
and so to La Prairie de Madeleine, one of the nearest places where we 
could expect to surprise any of the enemy. This afternoon, having 
first dispatched Captain Schuyler with such provisions as we could 
spare, we returned to the fork, and the doctor having taken the best 
care possible to remove Lieutenant Hubble and the sick soldiers, 
we marched to the head of Wood Creek, and in the evening he died. 
Aug. It). This morning we buried Lieutenant Hubble with all the 
respect we could, a very good and expert officer. After this cere- 
mony \ve marched over the great carrying-place, twelve miles, with 
one of our soldiers, sick of the small-pox, upon a little frame carried 
by four soldiers at a time. Aug. 17. We marched to Saratoga, 
many of our soldiers being sick and lame. Aug. 18. We marched 
to the Half Moon, about ten miles from Albany. Aug. 19. Here I 
leave the forces under command of Captain Fitch and go myself to 
Albany to consider the most convenient safe quarters for the 
soldiers, the small-pox being yet in several places near the city. 
Aug. 20. 1 sent orders to Captain Fitch to march the forces on the 
south side of Hudson River to the Greenbush, within sight of the 
city. Sept. 2. Captain Johannes Schuyler returned to Albany 
with the party sent out from Wood Creek, having been to La 
Prairie de Madeleine. They killed twelve men and took fifteen men 



AMERICA AND WEST INDIES. 121 

1606. 

and four women prisoners. Sept. 3. I sent an express to the 
Governor of Connecticut to give an account hereof. Sept. 5. 
Having no post from Connecticut, and the season being very cold, 
and there being no shelter for the soldiers, who were poorly clothed, 
I sent Captain Nicolls to the Governor and Council for speedy 
orders. Se]>t. I have letters from the Governor and Council at 
Hartford with orders to march the forces of Connecticut to Hartford. 
9 pp. Endorsed, Reed. Sept. 18, 169<>. [Board of Trade. New 
York, 6. AV 61.] 

Sept. 18. 230. Minutes of Council of Barbados. Letter from Governor 
Codrington as to the designs of the French read. Last night 
on the news of six ships off the south of the Island four 
companies of militia were ordered on duty, and H.M.S. Jersey sent 
out to follow the ships. Order for distribution of fourteen field-guns 
and of fire arms, and for I'lOO to be disbursed for Oistin's fort. 
[Board of Trade. Barbados, 65. pp. 141-142.] 

Sept. 18. 231. Minutes of Council of Massachusetts. Order for pay- 
ment of 6 to Thomas Newton for his service in defending the 
Constables of Little Compton in the Courts at Rhode Island. [Board 
of Trade. New England, 49. p. 49.] 

Sept. 18. 232. Governor Sir William Beeston to the Duke of Shrews- 
Jamaica, bury. About a week since a small Spanish vessel, sent express from 
Cuba to the President of St. Domingo, stopped here for water, the 
commander whereof gave a report as to the French, which I have 
enclosed to you, and added that the French had taken six laden 
ships from this Island. A Spanish ship of war of sixty guns fought 
the Hope a whole day and lost 150 men ; but the next day, more 
French attacking her, she yielded. Also they have taken a very 
rich Spanish ship with money, Indian cochineal and other 
commodities of great value. The commander told me also 
they would not allow any prisoners aboard of their great 
ships, and believed the reason to be that many died out of 
those ships that came from Europe, and that one day many 
minute-guns were fired from all their ships, from which it is 
supposed that some great officer was dead. If it be true that 
they are so sickly, it may hinder their further attempts, but if they 
prosecute what they threaten there is great danger, particularly 
to Port Royal, for our privateers, seamen and all our ordinary people 
are gone, which are the strength of the place, and this owing chiefly to 
the men-of-war pressing continually, which has frightened aicay many, 
while fear of the French has carried away others, and many die by 
their coming here at this time of year. I have often represented the 
mischief that ensues to the King by the loss of his subjects and 
the disabling of his ships ; and it is also ruinous to the merchants 
and the reputation of the Island. Still for four years now the men- 
of-war have chosen to arrive at the same time, to the great prejudice 
of all ; for now many of the eminent merchants that came in the 
fleet are dead and the Princess Anne's men die so fast that they 
will not be able to go for England without recruits from thence. 
For it is impossible to obtain them now from hence, so decayed is 
this Island ; nor is this to be laid on Jamaica only, for all parts of 



122 COLONIAL PAPERS. 

1696. 



the West Indies are worse than this, and there even the inhabitants 
die, whereas here they are healthy enough who have been some time 
inured to the country. The rest would be as they, if they would con- 
trive to arrive at any time between October and the end of March, 
that they might have some respite before the summer comes upon 
them. I beg that you will lay this before the King, and that if any 
succour be designed for the place some small vessel may be sent to 
give notice of it, which will much encourage those people who are 
left here, for they are much dejected to find the Island so deserted 
and so many enemies about us. Signed, Wm. Beeston. 1 pp. 
Endorsed, Delivered to the Secretary by Mr. Vernon and read 
3 Dec. 1696. Answd. 12 Feb. 1696-7. Annexed, 

232. i. Copy of the Minutes of the Council of Jamaica of 
17 September, 1696, with original signatures of ten of 
the Council. (See No. 224.) 2 pp. Endorsed, Reed, 
and read, 3 Dec. 1696. [Board of Trade. Jamaica, 8. 
Nos. 17, 17 i.; and 56. pp. 51-53.] 

[Sept. 18.] 233. Proposals of the Jamaica merchants for the better 
carrying on and securing of that trade. We would propose that 
during the war the fleet for Jamaica should be every year at 
Gravesend, ready to sail about the 10th of December, and that a 
sufficient convoy of two if not three men-of-war be also ready to 
sail with them. Both merchant-ships and men-of-war should be 
very exact as to time, and then they will reach the Island at a 
healthy season. On their arrival the produce of the Island will be 
ready for shipment, their stay and voyage will be short, they can 
keep their convoy company, and they will probably be here in 
August or September, and so have the advantage of the northern 
markets before the winter. Hitherto, by the usual practice of sail- 
ing at unseasonable times, half the men have died of sickness by 
arriving there in the unhealthy seasons of May and September ; 
and, coming home in the winter half-manned, part of our fleet 
have foundered for want of hands in the terrible winter storms, 
another part have been wrecked on the English and Irish coasts, 
and part have been separated from the convoy and taken by the 
French. The convoy was but one ship, which generally came in 
by itself. So if one fourth part escaped, we always thanked God, 
deeming it a miracle if any of the ships and goods did arrive ; and 
then the goods which they brought for foreign markets were forced 
to wait until the spring, arriving too late in the year for the 
northern trades. We propose also that the men-of-war should 
carry with them supernumerary men, and be strictly ordered to 
press no men at or near the Island, for by pressing the seamen they 
disable the ships, which has been the ruin of many of them, some 
being eaten by the worm from long lying, while those that 
adventured home half-manned have been lost from want of 
hands. If they press away the people of the Island they 
do a mighty mischief to it and extremely discourage the 
people, who by the several invasions of the French, by their 
losses in the earthquake and by the great mortality which 
followed thereon are mightily depopulated and in a verj weak 
condition. Instead therefore of rending away the few people 



AMERICA AND WEST INDIES. 123 

1696. 

that are left, we would ask the King to be at the charge 
of sending some men to strengthen the Island, or it will be 
in great danger of being lost, especially since the French are 
continually sending fresh supplies of men and of warlike stores to 
their settlements in Hispaniola, which lies to windward of Jamaica, 
and in twenty-four hours can make an invasion upon it and 
destroy one plantation after another, as is now their daily practice. 
It is hoped that the King will give orders to pay the passages of 
the men who may be procured to be sent thither. It is also a great 
mischief that the captains of the men-of-war have not been under 
the orders of the Governor, every captain, even of a sixth-rate or a 
fire-ship, huffing and hectoring the Governor and the whole Island 
as if each of those petty commanders was a little king, or at least 
governor of che place, acting as they pleased without all control. 
A little ship called the Swan, which last arrived from thence, 
pressed and brought away several of the inhabitants. Pressing has 
not only lost to the Island those who have been taken away but has 
frighted away five times as many more, part to Providence and 
other places, part to Curacoa, some to the French at Petit Guavos, 
while a great many have turned pirates and gone to the Red Sea, 
etc. Signed, Gilbert Heathcote, and by fifteen others. 1 pp. 
Endorsed, Read 18 Sept. 1696. \_Board of Trade. Jamaica, 8. 
No. 18 ; and 56. pp. 2-4.] 

[Sept. 18.] 234. A collection of depositions and other papers taken in 
Jamaica, to shew the evils of the press-system carried on by the 
King's men-of-war. It appears that not only seamen were 
impressed almost before the merchantmen had dropped anchor on 
arriving from England, but that inhabitants of all descriptions, 
and even indentured servants were taken likewise, and that, not 
content with men, the officers would impress even the water-casks 
of the inhabitants. The bulk of the depositions bear date from 
7 to 11 January, 1696. The whole, 24 pp. [Hoard of Trade. 
Jamaica, 8. Xo. 18 i. ; and (memorandum of date of presentation 
only) 56. p. 5.] 

Sept. 19. 235. Robert Livingston to William Blathwayt. I owe not 
New York. a little to your favour for the despatch of my business in England 
and now take the boldness thankfully to acknowledge it. I am 
sorry to tell you that the King's commission for confirming me in 
my place and for granting me a salary is suspended by Governor 
Fletcher, for no cause assigned whereby I might make my own 
defence. It is an act without precedent, and the subjects in the 
plantations fall under great discouragements if upon their applica- 
tion to the King for relief against the arbitrary act of a Governor, 
it shall be in the Governor's power not only to deprive a man of his 
freehold, in a manner, but also to suspend the King's grant 
peremptorily without accusing the person of any misdemeanour or 
mismanagement of his office. I confess that this matter is so 
surprising that I could not be aware of it, but I am sure that, if 
this can be justified, the offices in Whitehall must abate in their 
credit. What was laid to me in Council on my laying before them 
the vouchers for my allegations in England I have answered as well 
as I can; and if I had had the justice done me of seeing the reasons 



124 COLONIAL PAPEES. 

1696. 

which the Council gives to the Governor and desires to be laid 
before the Lords, I doubt not that I should have been able to lay 
their nakedness open and to shew that the Council proceeds more 
from prejudice than otherwise. But the man goes in danger to 
stumble who must grope in the dark for his way. My circumstances 
are in no measure changed since I received the King's grant, so that 

1 conceive the contempt to the royal authority is greater than the 
abuse to me, it being founded on the solemn recommendation of the 
Lords of Trade and of the Treasury. And if the Governor and Council 
can suspend so solemn an act of the royal authority, I must acknow- 
ledge myself in the wrong. But since they seem to reflect upon 
my reputation and even begin now to lessen my former services, I 
have adventured to make my answers and to send them to Mr. 
Povey, to be laid before the Lords of Trade. I am no lawyer and 
cannot put thpm into suitable address for so honourable a board, 
but I hope that I shall be pardoned, relying as I do on my 
innocence and on the zeal which I have always shewn for the 
King's interest, having in the greatest extremities supplied the 
Government with my estate to a great value, when they could not 
obtain the like anywhere else. There is not one tittle that I alleged 
at Whitehall but what I have justified here and can prove upon the 
narrowest scrutiny to be uncontrollable truth. Bo I must beg your 
favour that I be not condemned unheard, but that my offences may 
be laid open, though I am conscious of none that I have committed 
except that before mentioned, and if that be crime enough to forfeit 
the King's favour, I beg you to pardon me for the trouble that I 
give you and not impute anything amiss if for my vindication I 
justify myself before the noble lords, who have shewn so much 
greater sense of my services than these here, who are willing to forget 
them in order to gratify their revenge, tinned, Eobt. Livingston. 

2 pp. Endorsed, Reed, and Read 30 Nov. 1696. [Board of Trade. 
New York, 6. X<. 62.] 

[Sept.] 236. Robert Livingston to Lords of Trade and Plantations. 

After presenting my petition to the Governor and Council on the 
10th of September, I produced my vouchers, to which there was no 
opposition except to certain assignments, which they alleged that I 
had bought, and for which they had already issued warrants. I 
told them that I had these assignments in satisfaction for money 
I lent the officers to subsist themselves and families during the 
time of the Revolution, when they were out of service and could not 
procure bread of any other person. They were so sensible of my 
kindness that for my reimbursement they made me the same assign- 
ments, which I pressed might be allowed me. However, I could 
have no answer, but the general answer given below. However, I 
answer what was objected. It is objected that I cannot have a 
preference on the money due by the additional duty, since it is 
unalterably appropriated by a new Act. I answer that the first Act, 
which provided for quarterly payments, was equally unalterable, but 
at every quarter there arose some extraordinary necessity. Such 
necessities do not arise eight times running without design. It 
is objected that there never was any office of Agent or Secretary 
to the Indians, and therefore no salary was allowed, but that the 



AMERICA AND WEST INDIES. 125 

1696. 

work was done by the Town Clerk ex, officio. I answer that I did 
officiate as Secretary because I was Town Clerk, but the drawing 
and translating of the Indian propositions from Dutch into English 
was never done by any town clerk before. Since the war the work is 
forty times more troublesome than before, and that is why I asked for 
additional salary. The refusal of the King's Commission can only be 
due to malice, for every Indian who comes in with intelligence has his 
news translated into Dutch, which is translated, transcribed and 
entered by me. This happens forty or fifty times a year, besides 
the solemn negotiations once or twice a year. All mankind can 
judge whether I can -do that for nothing. Besides, I have been 
accustomed to run up and down to buy Indian presents, keep 
accounts of them and put them in order, whicli takes much time. 
The Council forget that Governor Fletcher on his arrival, when the 
Colony was in great distress and had no assistance from neighbour- 
ing Colonies, erected a new office of Accountant-General and gave 
it to one of his domestics with 50 a year, establishing another 
salary of 50 for the Clerk of Council and 100 for the Attorney- 
General. But the necessities of the province are made a bar to iny 
commission. It is objected that I am a Scotchman and under a 
new Act cannot officiate in the Treasury. I answer that I am of 
Scotland, but born after King James I. came to the Crown of 
England. Now after twenty-two years' residence in New York, 
with a commission under Government and possession of much 
property, I am to be accounted an alien. What of the Council of 
New York, that are of Dutch and French birth, and have not as 
much naturalisation as 1? It is objected that I got all my estates 
by the Government. I have gained what estates I have by great 
industry and pains; and if it is through the Government it is by 
advancing money to it without so much as interest. If this be 
thanks for my former services I am very unhappy. After advancing 
money to three Governors and at last growing weary of delays in 
repayment, I was approached by Mr. Brooke and others, at the 
Governor's instance, to accept again. I was not such a despicable 
person then. It is objected that I never received the quit-rents nor 
had authority to do so. I answer that I did so by the Receiver's 
order. 3 pp. Endorsed, Reed. 28 Dec., 1696. Annexed, 

237. i. Copy of Robert Livingston's petition to the Governor 
and Council of New York. (See Xo. 217n.) 

Copy of a minute of New York Council. 15 September, 
1696. The Council submit their report on Robert 
Livingston's petition and recommend the Governor to 
represent to the King what they say concerning the 
money payable from the additional duty, and to recom- 
mend to the Assembly the item of 388. 

Minute of New York Council. 17 September, 1696. 
The Council signed a report on Robert Livingston's 
Commission and desire the Governor to represent the 
matter to the King and meanwhile to suspend the salary 
of 100, and to prohibit him from all business connected 
with the Treasury or with the Indians except as Town 
Clerk of Albany. 3 pp. Endorsed, Reed. 28 Dec., 1696. 
[Board of Trade. New York, 6. Nos. 63, 63 i.] 



126 COLONIAL PAPERS. 



1696. 

Sept. 21. 237. Memorial of the merchants of Jamaica. To explain 
ourselves as to the state of health in Jamaica, we would observe that 
not only May and September, but the intermediate months of June, 
July and August, are generally rainy on shore and more sickly than 
other months. Ships cruising at sea about the Island in those 
months will not be so sickly as in harbour. We again beg that the 
convoy may sail in December. Sixteen signatures. J p. Endorsed, 
Read 21 Sept., 1696. [Board of Trade. Jamaica, 8, No. 19; and 
56. p. 5.] 

Sept. 21. 238. Journal of Council of Trade and Plantations. The 
Secretary complained that he had found difficulty in obtaining an 
answer from the Admiralty, as the Secretary did not understand 
how this Board could have any direct communication with that, but 
thought it should be done intermediately by addresses to the Lords 
Justices or the Privy Council. 

Mr. Locke handed in a further memorial from the Jamaica 
merchants as to convoys. The Secretary was instructed to enquire 
of the Agents for the West Indian Colonies as to the time necessary 
for loading and unloading. 

Draft representation as to convoys agreed to. 

Order for Mr. Allen to be required to supply a copy of a former 
memorial of his as to Naval stores. 
Sept. 22. Mr. Cary's letter of this day's date was read. 

Order for Mr. Brooke to attend to-morrow morning. Several 
papers from Maryland were read (short abstracts are given of all). 
Sept. '23. Mr. Brooke attended and gave some account of New York. 
Mr. Nelson gave in two memorials. The Secretary was directed to 
enquire of the law-officers how juries may be attainted. 

Sept. 24. The Secretary read Mr. Gracedieu's letter of this day's date. 
Mr. Nelson's memorials were read. Order for Jacob Leisler and 
Abraham Gouverneur to attend the Board to-morrow. A letter to 
Sir E. Andros and a representation as to convoys were signed. 
Order for all letters to the Plantations to be sent through the Post 
Office always. 

Sept. 25. Governor Fletcher's letter to Mr. Blathwayt of 30 May was read. 
Jacob Leisler and Abraham Gouverneur gave in a memorial of the 
State of New York since 1687 and a paper called the Grievances of 
New York, giving a short account of each of the signatories to 
the latter document. 

Sir Henry Ashurst gave in draft instructions for the gentlemen 
to be employed to report as to naval stores in New England, which 
were read. He then gave an account of a Society for Evangelising 
the Indians, which he represented to be a Chartered Corporation, of 
which he himself was a member. It had 800 a year in England, 
and spent 400 a year in payment of preachers. It had translated 
the Bible and a few other books into the Indian language. At 
request of the Board Sir Henry promised to send up the Clerk of 
the Company to give further information. 

Divers letters were signed. [Board of Trade. Journal, 9. 
pp. 120-146.] 

Sept. 21. 239. Minutes of Council of Maryland. The law-officers gave 
their report as to the liability of those who bring furs and tobacco 



AMERICA AND WEST INDIES. 127 

1696. 

from one district and ship them in another district, without 
certifying the officer of the district where the ship lies. The list 
of shipping entered and cleared in Potomac district was handed in. 
A letter from the Collectors of Customs of 19 December read, and 
a copy furnished to Mr. George Muschamp, Collector of Potomac 
District. Letter from Commodore Charles Wager read, reporting 
the arrival of a merchant ship six days before. The Governor 
said that the Commodore's orders were to stay for one hundred 
days from the arrival of the said ship, being the last to come in. 
Order forbidding any Frenchman to be seated on any foreign 
plantations on the frontier of the province. A complaint against 
Mr. John Coode of using blasphemous language was read, and the 
persons who heard him were ordered to attend to-morrow. 

Sept. 22. The complaint against John Coode was heard, and it was ordered 
that he be dismissed from his militia-employ and prosecuted by the 
Attorney-General. Here follotc the depositions, from which it 
appears that Coode, though holding priests' orders in the Church 
of England, said among other things that religion was but policy, 
and that all religion was to be found in Tully's Offices. 

Sept. 23. Order for John Coode's books and papers to be seized, sealed up 
and sent to the Governor. 

Note. The papers, etc., were brought down, aud perused on 
5th October, but were returned, nothing material being found in 
them. 

Sept. 24. George Muschamp attending, swore to his accounts, and produced 
his commission and instructions from England as Receiver of 
Potomac district. He then gave his bond and securities. 

Sept. 25. It was referred to the law-officers for their opinion whether 
sheriffs can legally leave their counties during their shrievalty, and 
whether any but the sheriff can raise the posse comitatus. (The 
law-officers replied on 3 October, that by the laws of England no 
sheriff could leave his county but once a year to make up his 
accounts in the Exchequer, but that no such rule had been observed 
in Maryland nor had any evil come of it, though the high sheriff 
alone can raise the posse comitatus. Whereupon orders were 
issued that sheriffs do not leave their counties during their 
shrievalty except to make up their accounts, or on particular sum- 
mons from the Government.) 

Sept. 26. John Addison and Thomas Brooks obtained leave of absence, and 
Nicholas Greenberry also for a few days. [Board of Trade. Mary- 
land, 13. pp. 148-159.] 

Sept. 21. 240. Journal of House of Burgesses of Maryland. Message 
from the Governor giving the opinion of the lawyers against the 
legality of John Coode's sitting in the House of Burgesses, being a 
priest in Anglican orders. John Coode, being asked if he was in 
orders, replied that he had disabled himself by accepting and 
executing military Commissions. The case being referred to the 
Committee of Elections, they reported as follows. We learn from 
two members of the House that John Coode formerly exercised the 
priest's office at St. George's in St. Mary's County, preaching, 
baptising, and marrying, and received subscriptions from the 
inhabitants for the same. For many years past Coode has exercised 



128 COLONIAL PAPERS. 

1696. 

several judicial and ministerial offices in the province, but we cannot 
find that he was ever divested or degraded of his orders. By a 
majority of us it has been carried that his holding and executing of 
judicial and other lay offices is not a discharge from holy orders, and 
that he is therefore not qualified to sit in the House, lleport end*. 
Put to the question whether he be legally qualified, and carried in the 
affirmative. Message to the Governor reporting this resolution, and 
asking that he may be sworn. Sir Thomas Laurence then came 
and made a report of his proceedings in England. Message from 
the Governor and Council. We conceive that our question as to 
John Coode is not rightly answered. It is not disputed whether he 
be duly elected but whether he is a priest or deacon, and so by the 
laws of England not qualified to sit ; to which we demand an 
answer. Message from the Burgesses. Before sending our last 
message we examined not only whether John Coode was duly elected, 
but also whether he was qualified to sit. We beg therefore that 
he may be sworn. Message end*. John Coode offering to swear 
that he is not a priest, two members were appointed to receive his 
oath. 

Sept. 22. The House by command attended the Governor, who made them 
a speech as follows : I am sorry that you should persist in the 
admission of John Coode, though a priest in orders. You may be 
sure that I shall suffer no vote to pass in opposition to the laws of 
England. I will not swear John Coode. To shew you what 
manner of man you are upholding I give you depositions shewing 
him to be guilty of blasphemy. I beg that you will proceed to 
other business wherein the Council and I are ready to enter. Speech 
ends. On return to the House John Coode was ordered to with- 
draw. It then appearing that John Coode was, by unimpeachable 
testimony, a priest, it was unanimously resolved that he is 
unqualified to sit, and therefore is dismissed. Message to the 
Governor. We thank you heartily for your speech. We have done 
our duty as to the member mentioned by you, and are ready to join 
you in despatch of business. Message ends. Colonel Coode then 
departed, receiving his charge for coming to and attending the 
House. Order for issue of a writ for election of a member in his 
place. Committees of Accounts and of Laws appointed. Resolved 
that the Council be joined with the Committee of Laws, and that 
the Council be apprised of the same. Messages from the Governor, 
thanking God for the end of the dispute, and appointing two 
Councillors to join the Committee of Laws. Several papers, and a 
number of proposals were also sent down. Accounts of the public 
revenue were laid before the House. 

Sept. 23. The accounts submitted to the Committee of Accounts. The 
proposals from the Governor were then debated and resolutions 
passed thereon as follows : (1) As to the adjustment of Indian 
lands, we name a commission of each county to decide disputes in 
respect thereof. (2) Agreed that a Bill be prepared for advancing 
the port of Annapolis. (3) As to the proposal that the sheriffs 
shall collect the gifts for the school, it is thought that the subscrip- 
tions are already in good hands. (4) Agreed that a law be made 
to secure the libraries that are to be bestowed on the parishes. 
' (5) As to the proposal for addressing the King that part of the 



AMERICA AND WEST INDIES. 129 

1696. 

revenue set apart for arms may be applied to furnishing small books 
of a godly kind, we think that the Country is not yet sufficiently 
provided with arms. When it is, we shall be ready to make such an 
address. (6) Agreed to address the King to thank him for the 
grant of his revenue for supply of arms. (7) As to the arms now 
sent, we think that they should be appropriated to Anne Arundel 
County, and that others should be purchased. (8) The proposal as 
to furnishing the offices is referred to the Committee of Accounts. 
(9) As to the proposal that lamps (contrived for candles to burn in 
water) be sent for for the clerks, resolved that the clerks provide 
themselves therewith. (10) Agreed that books of Exercise be 
provided for the military officers. (11) Agreed that the prohibition 
of the export of corn be removed. (12, 13) The proposals to 
regulate the care and custody of arms, etc., in the Counties, and to 
compel masters of ships to change public powder when called 
upon (unless too bad to be fired) are referred to the Committee of 
Laws to consider a law therefor. (14) As to the proposals for equal 
division and re-naming of the parishes we think it would be better 
to wait until any of them complain. (15) As to the proposal that 
the parishes provide themselves with a few books, that they may 
learn how to govern themselves, it is thought tit that the vestries 
provide for the same. The remainder of the proposals' were referred 
to the Committee of Laws. 

Sept. 2-1. Report of the Committee of Laws on the remaining proposals. 
(16) We think the Commissary's house the best place for securing 
the library for Annapolis. (17) Agreed that a law be made to secure 
the parish-libraries when they come. (18) Agreed as to an 
ordinance to oblige the justices to send for the King's Arms to be 
put up in the County Courts. We think that the necessary law 
books are already sufficiently provided for by law, and we think 
that a gown for the chief justice may stand over for the present. 
(19) The question as to re-exported European goods is, we think, 
met by the Act to explain the Ten Per Cent. Act. (20) As to the 
proposal to compel the ships of this province to lie at certain places 
for their own defence, we think such a course would be very 
prejudicial to trade. (21) We have already given our orders as to 
Captain Humphrey Pellew's sailing. ('22) We think there is no 
absolute necessity for the proposed law as to the appointment of a 
new sheriff or new County Court clerks upon the death or deficiency 
of the old. (23) Notwithstanding the petition of the merchants of 
Pennsylvania, referred to us, we think that the Ten Per Cent. Duty 
Act should be continued. (24) The accounts of the four pence per 
gallon duty have been referred to the Committee of Accounts. 

(25) The House thanks the Governor for so wisely disposing of the 
tobacco collected for the Church at Annapolis. We think a 
Committee should be appointed to see to the building of it. 

(26) The House will appoint members to join some of the Council 
in inspection of the state-house, as proposed. (27) As to enlarging 
small parishes, though they make chapels of ease, we think the 
existing law sufficient. (28) We think the existing law as to Kent 
Island parish sufficient. (29) We think that the law already 
provides sufficiently for churchyards. These resolutions being 
approved, a committee was appointed to report as to the funds 

28181 I 



130 COLONIAL PAPERS. 

1696. 

already raised for the church and free school. Committee of 
Accounts ordered to inspect the state-house. Charles Carroll 
produced his commission as solicitor for Lord Baltimore. Several 
laws brought up by the Committee. 

Sept. 25. George Plater produced a correspondence between Sir Edmund 
Andros and himself as to the revenue, and some letters from the 
Commissioners of Customs. Bill for roads and ferries read a first 
time, and the portion referring to ferries rejected. The following 
Bills were read a first time, viz. : Bill for speedy justice ; Bill for 
parochial libraries ; Bill to revive temporary laws ; Bill for the 
port of Annapolis. George Muschamp's Commission as Receiver 
General of Potomac and Patuxent read, with a representation from 
the Governor referring to the House the motion of the salary of 
100 in this and in another Commission. Resolved, that the 
salary ought to be paid out of the King's share of the revenue of 
the Patuxent and Potomac ; and a message sent to the Governor to 
that effect. 

Sept. 26. Bills for parochial libraries read a second and third time. Bill for 
the port of Annapolis read a second time. Resolved that the Act 
of Parliament admitting the attestation in lieu of the oath of 
Quakers is a law in force in Maryland. Several petitions read and 
dealt with. A Bill annexing several rivers and creeks to the port 
of Annapolis read. [America and West Indies. 557. A T o. 17.] 

Sept. 21. 241. Minutes of Council of Maryland in Assembly. 

Message to the Burgesses expressing dissatisfaction with their 
answer as to John Coode (see preceding abstract). 

Sept. 22. The House attended the Governor, who made them a speech, 
after which messages were exchanged as to the matter of John 
Coode, and the dispute brought to an end (see preceding abstract). 
Orders for laying a letter from the Governor of New York and the 
accounts of the revenue before the Burgesses. Twenty-nine pro- 
posals sent down to the Burgesses (see preceding abstract). 

Sept. 23; A question as to payment of the levy by a ship's master referred 
to the Burgesses. 

Sept. 24. Answer of the Burgesses to the twenty-nine proposals (see 
preci'diii'i abstract). Petition of several masters of ships read 
and referred to the Burgesses. George Muschamp produced 
the King's Commission as Receiver of Patuxent and Potomac, 
when it was resolved to represent the question of his salary to 
the Burgesses. 

Sept. 25. The answers of the Burgesses to the proposals (see preceding 
abstract) were agreed to, with the following exceptions. (1) The 
proposal is again urged, several complaints having been received of 
late. If mischief ensues the Governor washes his hands of it. 
Note. The answer entered on the Council's minutes as returned by 
the Burgesses is to the effect that disputes should not be meddled with. 
(3) The Bishop of London having sent over a school-master, it is 
important that the work should be pushed on, which cannot be done 
unless the tobacco be collected. (7) It is not intended that the 
public arms should be meddled with, and as the Militia are bound 
to provide themselves there is no need to buy trumpets and drums, 
as suggested. (14) This proposal is urged again, sundry complaints 



AMERICA AND WEST INDIES. 131 

1696. 

having been made already. (22) Proposed to insert the power of 
appointing Clerks in Justices' Commissions if they have it not 
already. The late Act of Parliament as to Quakers was sent to the 
Burgesses, with a proposal to enact a law conformable to it unless 
it be judged to be of force. Message from the Burgesses as to 
George Muschamp's salary. Bills for parochial libraries, for speedy 
justice and for the Port of Annapolis read a first time. The Bill 
to revive temporary laws considered needless, as being already 
enacted and therefore contrary to the Royal instructions. 
Sept. 26. A petition from the merchants of New York was referred to the 
Burgesses and by them rejected. Several members desiring leave 
of absence the Governor told them to arrange among themselves 
that a quorum should remain. A new resolution for the deciding 
of disputes about Indians' lands was received by the Burgesses and 
assented to (pp. 148-144). This resolution is entered hi/ the, 
Burgesses as their original answer. [Board of Trade. Maryland, 14. 
pp. 120-137.] 

Sept. 21. 242. Minutes of General Assembly of Massachusetts. The 
late Act to establish Courts was again read and debated. Proposed 
that on the loss of so great a part of the harvest an Act be passed 
to prohibit the malting of barley. 

Sept. 22. The heads of an address to the King were debated and drawn. 
A Bill, empowering justices of the Peace to decide differences up to 
forty shillings was received from the Representatives, read and 
debated. 

Sept. 23. Complaint of John Wilkins against the Justices and select men 
of Bristol read. 

Sept. 24. The Address to the King was agreed to. The Bill for empower- 
ing Justices was again read and debated. 

Sept. 25. The Bill last named was again read and not agreed to. John 
Wilkins's complaint was debated and referred to the Representatives. 

Sept. 26. Bill for incorporation of Harvard College received and read. 
[Board of Trade. New England, 48. pp. 74-77.] 

Sept. 22. 243. Secretary of Massachusetts to William Blathwayt. I 
Boston. thank you for your favours. It is no small satisfaction to me that 
my endeavours in the King's service find acceptance, which makes 
me with more alacrity undergo the fatigue of the extraordinary 
attendance and business which the present difficulties of the 
province calls for in my station, the perquisites of which are not 
so great as to excite the emulation of any that may seek the same. 
The report of the plot against the King was no less amazing to his 
good subjects then was the joy at its defeat. The Lieutenant- 
Governor at once empowered the justices in the several counties to 
administer the oaths of loyalty to all males over eighteen years of 
age who had not taken the same ; and a day of public thanksgiving 
was appointed and held. The General Assembly forward their 
congratulations by this opportunity, and have signed the Associa- 
tion for the better security of the King's person and Government. 
In obedience to the Royal Commands the Act of Parliament for 
regulating the Plantation Trade has been published here ; and the 



132 COLONIAL PAPERS. 

1696. 

General Assembly have under consideration the laws which have 
been disallowed, in order to amendment. The variation between 
the charter and the precept prescribed to the Sheriff for elections is 
not in the charter under the Broad Seal, which was brought by 
Sir William Phips and published here at the entrance of the 
present Government. That makes the qualifications of an Assembly- 
man to be a freehold estate worth forty shillings per annum or other 
estate to the value of Q. Such mistake as is therein happened in 
that engrossment of the charter, the precept being made agreeable 
thereto. The Assembly is also preparing an address to lay the 
state of the province before the King and to supplicate his aid. 
The enemy have made such impressions upon the province during 
the past summer, by the taking of the Newport frigate, by the 
unfortunate loss of Pemaquid Fort, by the mischief of skulking 
parties of Indians and by the scarcity of the provisions (for great 
part of the harvest has been lost by blast and unseasonable weather) 
that the people here are under wonderful discouragements, being 
reduced to great poverty. Many remove to the Southern Provinces, 
where they are less exposed to the enemy and more free from taxes. 
There is now a force of 500 effective men under conduct of 
Lieutenant-Colonel Hathorne and Major Benjamin Church, together 
with H.M. ship Arundel, the province galley, other vessels and 
several transports abroad in the parts of this province towards 
Nova Scotia, to make some attempt upon the enemy and to 
endeavour the removing of the French garrison on St. John's Eiver, 
and the surprising of the great guns and other warlike stores lately 
brought thither from France for the further strengthening of the 
river. We have had no intelligence of them since their departure. 
On notice that the two French ships which surprised the Newport 
were on the coast, H.M. frigates Arundel, Sorlings and Orford, 
joined by a hired ship mounted with thirty-six guns, the galley and 
a fireship, went forth in quest of them. Our fleet happened to come 
in sight of them at Mount Desart, when they were lying at anchor 
with the Newport, which put them to great confusion and distrac- 
tion to work out. The wind dying away, our ships were becalmed 
and could not reach the roadstead, while the French having a 
small breeze off the high land got out in the night and were seen 
by our ships next day, which lay becalmed till the afternoon, when 
the sea-breeze came up. They then gave chase and fetched upon 
the enemy, who at night altered their course, and, the next day 
being very foggy, ours lost sight of the French, who stood out to sea. 
Two days later they surprised two fishing vessels on their way 
home from Cape Sable, one of which they sold to the men to bring 
them home. They told how they had been chased by the frigates 
and how they feared that they would have been taken but for the 
fog ; and they continued to make the most of their advantage of 
sailing to eastward, expecting that the frigates were still in chase. 
We have the report of two squadrons of French ships in the 
West Indies, but hope the near approach of winter may keep them 
from visiting this coast. The Lieutenant-Governor on receiving 
the Privy Council's warning of a French design upon America gave 
orders for putting all into a posture of defence ; and the public 
fortifications are repaired and in good order, The expectation of a 



AMERICA AND WEST INDIES. 138 

1696. 

Governor from England has been some hindrance to forwarding 
some things that may be for our better security. The province is 
in a very poor and distressed condition, and the King's interests 
here are exposed to danger unless early supported by a supply of 
warlike stores next spring and by some ships of war of greater 
strength than are now assigned to the station. This, I suppose, 
will be represented to the King by the addresses of the Assembly. 
I have transmitted the Minutes of Council and Assembly, the laws 
last made, the Treasurer's accounts, and duplicates of papers 
formerly sent by Captain Fleetwood Ernes of H.M. ship Sorlings. I 
am pressed by the business of the General Assembly now sitting, 
but hope to give you a further account before the fleet sails. Signed, 
Isa. Addington. 3 pp. Endorsed, Eecd. 30 Nov. Read 8 Dec., 
1896. [Board of Trade. New England, 8. No. 27.] 

[Sept. 22.] 244. Abstract of the foregoing letter, in nine short sentences. 
Sera}}. [Board of Trade. New England, 8. No. 28; and 36. 
p. 61.] 

Sept. 22. 245. William Popple to Edward Littleton. Desiring him 
to bring memorials in writing as to the wishes of the Barbados 
merchants respecting convoys. [Board of Trade. Barbados, 44 A. 
P- 5.] 

Sept. 22. 246. William Popple to Eichard Gary. Asking what is the 
usual time allowed for loading and unloading ships, and conse- 
quently for the stay of convoys in the Leeward Islands and 
Barbados. [Board of Trade. Leeward Islands, 45. p. 13.] 

Sept. 22. 247. Eichard Gary to William Popple. I conceive that 
seventy days may be sufficient for the merchant ships to unload 
and reload in the Leeward Islands, that being the usual time 
allowed us by charter-party on the biggest ships. As for Barbados, 
I dare not intermeddle, there being agents for that Island here. 
Signed, Ed. Gary. J p. [Board of Trade. Leeward Islands, 5. 
No. 10 ; and 45. p. 12.] 

Sept. 22. 248. Minutes of Council of Barbados. Order for the 
Council to be summoned upon any alarm, and for the President 
to issue orders as the officers shall think best before the Council 
meets. 

Sept. 23. Order for payment of the expenses for the French captain lately 
prisoner on the Island, and for a pipe of Madeira and two hogsheads 
of wine to be given to Captain Fisher and his men for going out 
after the six strange ships. [Board of Trade. Barbados, 65. 
pp. 142-143.] 

Sept. 23. 249. Minutes of Council of Massachusetts. The Lieutenant- 
Governor reporting that several persons, to whom he had issued 
privateer's commissions, had brought in prizes, the Council advised 
that he should try the ships so captured and condemn them, there 



134 COLONIAL PAPERS. 

1696. 

being no Judge of Admiralty in the province. [Board of Trade. 
New England, 49. pp. 49-50.] 

[Sept. 23.] 250. Memorial of John Nelson to the Council of Trade. In 
compliance with your wish, I communicate to you what I formerly 
proffered to the Duke of Shrewsbury, but first I must beg your 
patience while I give some account of myself. For twenty-six years 
I have been incessantly conversant with the French in Nova Scotia, 
Acadia and Canada, for which reason I was selected by the 
Governor and Council of New England in 1691 to establish Colonel 
Edward Tyng in command of Port Eoyal, then newly subjected to 
the Crown of England. In this enterprise I had the misfortune 
to be taken prisoner by the French, who, notwithstanding my 
acquaintance and interest with them, made exception to my release 
(lest I should give information to the Court in England) whereby I 
have actually suffered four years and a half of imprisonment. 
During that time I have continually endeavoured to discover what- 
ever might be of advantage to us, and have sometimes found 
opportunity both in Canada and France to give information which, 
had it been duly noticed, might have been of good effect. But to 
avoid prolixity I omit the particulars. I shall also omit what I 
previously said about the affairs of France and proceed at once to 
those of the Northern Colonies. As things are now circumstanced 
in those parts, unless we timely prevent the designs of the enemy, 
we risk the loss and subversion of the whole of them, on account, 
first, of the methods pursued by the French towards their own 
people and Indians and towards our Indians, and, secondly, through 
our neglect to oppose the enemies' influence with our Indians, the 
confusion of Government in several or most of our Colonies and 
above all through the disunion among them. 

First, as to the French, the great and only advantage which the 
enemy has in those parts depends chiefly on the nature of their 
settlement. Our Colonies depend on the improvement of lands, etc., 
Canada depends on the fur trade with the Indians, so that their 
whole study has been to maintain their interest and reputation with 
them. This has been much augmented by Sir William Phips's 
unhappy and foolish expedition from New England, and also for 
want of due care in the settlement of Nova Scotia after the capture of 
Port Royal. We may therefore by fatal experience lay it down as 
a maxim that those who are masters of the Indians will prevail in 
all places where they are neglected, as we have too much done. The 
French are so sensible of this that they leave nothing unimproved 
in this regard, first by seasonable present^ ; secondly, by choosing 
some of the more notable among them for constant pay as a 
lieutenant or ensign ; thirdly, by rewards upon all executions, 
whether upon us or other Indians, giving a certain sum per head 
for as many scalps as shall be brought to them ; fourthly, by en- 
couraging the youth of the country to accompany the Indians on all 
their expeditions, whereby they not only become acquainted with 
the woods, rivers and passages but of themselves may equal the 
natives in supporting all the incident fatigues of such enterprises, 
which they perform by advancing, upon any exploit, the most 
forward and daring to some office among the regular troops, or by 



AMERICA AND WEST INDIES. 135 

1696. 

procuring from France some mark of honour, as a letter from the 
Minister, with some small pension. I have known one of this 
nature which created such emulation that, if Count Frontenac had 
not restrained their forwardness for fear of leaving the country 
naked, the whole body of their youth would have been perpetually 
out in parties. Fifthly, the greatest and most effectual means that 
they have taken for confirming their Indians and subverting of ours, 
is that for some time since the war they have transported to France 
a few of the most eminent and enterprising Indians, not only of 
their own but of ours whom they have captured, for no other intent 
but to amaze and dazzle them with the greatness and splendour of 
the French Court and army. The King has thought it so well 
worth countenancing as to send them to Flanders, where the 
armies have been expressly mustered before them to show their 
greatness. At the same time they do not fail to insinuate to them 
our weakness, poverty and incapacity to protect them, which they 
readily believe, having no idea of our native force and strength other 
than what they see in our poor settlements about them, and from 
which they cannot expect sufficient support. So that even those of 
our New York Indians who have always been at perpetual enmity 
with theirs and consequently with them, are now either turned to their 
side, or else stand doubtful what to do. For the fuller completing 
of the French designs there are actually at this instant at Versailles 
six sagamores from Canada, Hudson's Bay and Nova Scotia to 
solicit such help against us as, if care be not timely taken to oppose 
them, will, I fear, prove fatal. When we come to see the desolation 
and disturbance of our Southern Colonies which, when the Indians 
are wholly affrighted or gained to the French cause, will be at all 
times easy for them to effect by the situation on the rivers and lakes 
at the back of our Colonies then I say that these tilings will 
become more sensible to the nation through the loss of revenue to 
the Crown. We have woeful experience what may be done in this 
kind from the destruction wrought in Maine and New Hampshire, 
whereby we have in a measure lost our mast, timber and fishing 
trade. 

I pass now to the remedies. First, as regards the Indians, we 
cannot do better than imitate the French both in encouragement to 
the Indians at home and by sending some chiefs to England, to give 
counterpoise to the French reputation and greatness, which a sight 
of the City of London and of what else may be shewed them here, or 
if need be in Flanders, will easily effect. For those whom we have 
brought over, being unable to conceive anything greater than we 
have shewn them, will return home, and by their report of our 
numbers, strength, riches, etc., will encourage our friends and 
regain for us the waverers, so that we shall equal our reputation to 
that of the French. There are other things in regard to our traffic 
and trade with the,rn which will properly belong to the Governors 
on the spot, namely to establish such justice and equality in our 
dealings with them as may redress abuses in this kind, for where 
full trust and inclination can be obtained there love and inclination 
will follow, even among Indians. Again, we have in a manner 
wholly neglected the propagation of religion among them, except 
in some few parts near Boston, although there is a considerable 



136 COLONIAL PAPERS. 

1696. 

fund established in this Kingdom under the title of Indian stock, to 
which belong a Governor and assistants, whose management is rather 
for an increase of the stock here in England than for the instruc- 
tion, countenance and conversion of the heathen, according to the 
intention of the donors. An enquiry herein might be of great use, 
and indeed our neglect in this regard is both shameful and injurious, 
whereas our enemies the French by the zealous propagation of their 
missionaries, always sent and maintained among them nay, even 
at our doors, and with our Indians do insinuate themselves to our 
prejudice so as to become masters of the consciences of the heathen, 
and by consequence must always have them at their devotion. Our 
Indians have often made complaints hereon for want of the like care 
and instruction, yet little or no notice hitherto hath been taken 
thereof. 

Next, I must not omit the due encouragement which should be 
given to our hunters, or bushlopers as they call them about Albany, 
so that the Indians on all expeditions against the French may be 
accompanied by a suitable number of our own people, alike to 
accustom themselves, as the French do, and to liven and back the 
undertaking, for otherwise they cannot be expected always to expose 
themselves in our quarrel, while we remain by our fires, and the 
enemy never fail to give personal assistance to their Indians. We 
are not without as good men as they, but we want the like methods, 
discipline and encouragement. Thus we have one Schuyler at 
Albany who, while I was at Quebec in 1691, made one of the most 
vigorous and glorious attempts ever known in those parts, with great 
slaughter on the enemy's side and great loss on his own, in which 
action, but for an accident, he had very probably become master of 
Montreal. I have heard the thing reported so much to his honour 
by the French that had the like been done by any of their nation 
he could never have missed acknowledgment and reward from the 
Court, though I hear of nothing among us that has been done for 
him. I speak this only to shew what discouragements our people 
are under, while the French neither omit nor spare reward for the 
carrying out of their designs. 

I now make another remark about our greatest defect and 
mistake, namely the number and independency of so many small 
governments, whereby our strength is not only divided but weakened. 
By reason of their several interests the provinces are become, and 
do in a manner treat each other, as foreigners, so that, whatever mis- 
chiefs happen in one part, the rest by reason of this disunion 
remain unconcerned and our strength thereby is weakened. Were 
New England, Hampshire, Rhode Island, Connecticut and New 
York joined in one, we should be at least ten or fifteen to one against 
the French in Canada, and instead of a bare defence might, with 
ships from England, make an entire conquest of the place. 
Towards this enterprise security, honour, profit, interest, and 
facility in the undertaking all invite us to be no longer negligent. 
I can see no particular advantage to which our nation can pretend 
in this war but this, which is such that, if it were known, I 
presume that it would be no longer omitted. I must herein 
instance the value of the fur trade, which is not less than about 
.200,000 per annum. While I was at Quebec they reckoned to 



AMERICA AND WEST INDIES. 137 

1696. 

have had much above that value in the town, since which, by the 
capture of Fort Nelson in Hudson's Bay, they are become in a 
manner sole masters of that trade and will be continually encroach- 
ing until we put some stop thereto. I am not ignorant of the 
difficulties that may be objected, nor of the discouragement we are 
under from the unfortunate attempt of Sir William Phips, wherein 
we could not reasonably expect much better, the affair being so 
rashly undertaken without order, method, provision or conduct. 
And yet had the enterprise been well-timed as to the season of the 
year, and had the forces from Albany proceeded as was designed, the 
place had undoubtedly been ours ; so that we ought not to let our 
miscarriage affright us from the attempt once more. But I shall 
further enlarge hereon elsewhere. 

Now as to my reasons for suspecting French designs on the 
Northern Colonies. When I was removed from Angouleme to the 
Bastille, there were sent to treat with me about my release the 
Marquis de Cheury (?) and Mons. de Lagny, who is Intendant 
General of the commerce and foreign affairs of France ; with whom 
after divers other discourses we fell into talk about Canada, New 
York and New England, in which we all agreed as to the woeful 
condition those countries were in, on both sides, owing to the 
barbarous cruelty of the heathen, and that nothing was more 
desirable than some good accommodation, if it could be found out. 
There was then proposed the setting on foot, if possible, of 
the late Treaty of Neutrality for those parts, concluded in 
King James's time. The difficulty that remained was to find 
out a way to treat, since the French would not even acknow- 
ledge King William to be King of England ; for which we 
discovered the following expedient, that power should be procured 
for the Governors on both sides to treat and conclude in their own 
names during this war. I, as a private person, asked whether such 
a thing would be agreeable to the Court of France, and, if they 
thought so, whether they, as private persons (without engaging the 
honour of the Crown) would assure me that, if the offer were made 
them by England, they would accept it. They told me they would 
make the proposal to Mons. Ponchartrain and so give their answer. 
About a week later they came to me again and told me that there 
would be no difficulty in France, the thing being very well liked of, 
and that I might make the motion here, if I thought fit. The 
matter remained in this posture for some time until the arrival of 
the Canada ships and of the six Indians already mentioned, on whose 
application things were so altered as to procure a petition from the 
Canada Company for my further detention, as being dangerous to 
their interest if I were set at liberty. The thing was discoursed 
before the King in Council, and if my affairs had not been so far 
ended with them I should have been detained until the end of the 
war. I was ignorant of these things until informed by a visit of 
some gentlemen from Canada, when I was told of the reason of my 
long remaining in the Bastille and the danger I was in ; but at 
length they were swayed by a point of honour to perform their 
words, since I had complied in every article with their demands. 
My passport was at last brought to me by Mons. de Lagny and the 
. Marquis de Cheury, who told me that the sentiments of the Court 



138 COLONIAL PAPERS. 

1696. 

as to the Neutrality were changed, and that I should make no 
mention of it in England. I have since been informed that Mons. 
d'Iberville (who was their commander at the taking of Fort Nelson) 
is appointed with a considerable force to carry back the said Indians, 
and to make an attempt upon the coast. I know him to be a very 
enterprising man, and what the effects may be is rather to be feared 
than determined, especially if the state of those countries be reflected 
on, being without governor, soldiers, officers or fortifications, or at 
least with such as are rather to be despised than otherwise. Of all 
this the French are not ignorant, for I have often heard them dis- 
course as truly and pertinently of those parts as the best acquainted 
Englishman could do. I annex a scheme for an attack on Canada. 
15 closi'li/ written pat/as. Endorsed, liecd. 23 Sept., 1696. Read 
24th. [Board aj Trade. Plantations General, 4. No. 10; and 34. 
pp. 42-44.] 

[Sept. BO.] 251. Rough precis of the preceding. Scrap. [Board of Trade. 
Plantations General, 4. No. 11.] 

Sept. 23. 252. A scheme for the reduction of Canada, proposed by 
Mr. Nelson. The situation of the French settlements is on the 
great river St. Lawrence, both sides of which for some eighty 
leagues' space are unhabited owing to the extreme cold and rocki- 
ness of the country. There the river is very large and bold, being 
from eighteen to twenty leagues wide at the entrance, gradually 
lessening to about eight leagues over against Tadousac or the 
Saganie, at which river (which strikes northward towards Hudson's 
Bay) the going up continues about five leagues, growing very 
dangerous by reason of a very long and shoal point that runs 
directly across the river, between which and a small sandy island 
(called by the French Isle Rouge) is a good channel, through which 
having passed and doubled the point, we sail near thirty leagues, 
keeping the north shore on board, until we come to the Isle de 
Coudre, where is also a difficult pass because of the great tides, 
so that without a fair and leading gale of wind ships never venture 
farther. From this place and a little below are some few settle- 
ments say fifteen or twenty families until you come (still keeping 
to the north side) to a high mountainous point (old Cape Tourment), 
where ships are commonly forced to stop for an easterly wind with 
the flood to cross over to the Isle of Orleans, about five leagues. 
This I esteem one of the most difficult passages of the river ; after 
which we sail up on the south side of the Isle of Orleans some 
seven leagues to Quebec without danger. There are settlements on 
this side of the Island, but more on the north, so that altogether 
on the Island there may be 300 or 400 families. On the main 
land on the south side are scattered plantations from the River de 
Loup unto the river Oale, about ten leagues, not above three houses. 
On the river Oale are about sixteen families. From hence to Cape 
St. Ignace, which is called the Grand Bay, there are in about ten 
leagues' space some eight or ten families, and at the Cape itself 
about fifteen more ; from thence to Point de la Vie, which is 
opposite to Quebec, near twenty more ; so that the whole number 



AMERICA AND WEST INDIES. 139 

1696. 

of families on the south side of the river up to Quebec, for the 
space of above thirty leagues, may be about fifty families. 

Families. 

50 

Upon the North side of Orleans, on the Main from ) 
Cape Tourment to Quebec, about tea or twelve leagues, V 600 
which they call the Coast of Beaupr6, is said to be about I 
The town of Quebec contains not above - - 300 

Now to proceed above the town in the upper parts of^| 
the river, where you must note that the south side is so 
ill-peopled as to be not worth mentioning ; so the iirst \- 100 
place of remark is called the Point au Tremble where, in I 
three leagues' space, there may be about 

From the Point au Tremble upwards is here and] 
there a house, until about fifteen leagues higher there is; 
a settlement, in about four leagues' space (of which I have f 
forgotten the name) with about 

From thence to the Three Pavers, thirty leagues above i 
Quebec, are few or no habitations. Here there is a small ' 
palisaded fort, and a Governor with a small garrison, and 
about - 

From the Three Rivers to Montreal is thirty leagues, > 
in which space are no habitations, those that were there! 
having been destroyed by Indians. Montreal may have I *^ 
about - -J 

The land hereabout is good and was very well settled before the 
war, but now is all waste. On the south side of the river below 
Montreal is a small river which flows out of Lake Iroquois, at the 
head of which is a fort called Chambly, built of palisades, with a 
garrison of about sixty soldiers etc. 

From the above calculation the whole numbers and strength of 
Canada may be computed to be not above 2,000 families, in more 
than one hundred leagues' space on both sides of the river, which 
in divers places is so broad and the tides so strong as to render 
communication between them very difficult. Out of this number 
about five hundred of their best men are always absent in the woods 
among the Ottawas and other Indians, who are from three to five 
hundred leagues distant from Quebec, so that they can never be 
seasonably called home upon any attack. But withal it must be 
supposed that they may have a thousand soldiers and officers from 
France, which are disposed in various parts as occasion requires. 
So far as to their situation, numbers and strength ; I shall now say 
something of the advantages, methods and ways which we have for 
reducing them. 

First I propose about 1,500 English and 500 Indians to 
march from Albany, for which subsistence must be provided at the 
entrance to Mohawk Lake, on which the said forces must be trans- 
ported on canoes or flat-bottomed boats to the fort of Chambly, 
which place they must take on their way to Montreal, where, 
according as they find the garrison weak or strong, they should 
either attack or beleaguer the place. If they take the town they 
must then march down to Three Rivers, destroy it, and so follow the 
coast till they come in sight of Quebec. By this time we may 



140 



COLONIAL PAPERS. 



1896. 



Sept. 23. 
Whitehall. 



Sept. 24. 



Sept. 24. 

Whitehall. 



suppose our fleet to be arrived there, which should carry 1,500 or 
2.000 men on board ready to land. These forces, if arrived before 
the coming down of our troops from Montreal, are to be employed 
in making descents on the Isle of Orleans and on both sides of the 
river, whereby to ruin the country by burning the houses, destroy- 
ing the cattle and ruining the harvest, which is all that they depend 
on for subsistence and is often found insufficient without supplies 
from home. By this nleans. according to the advantage which the 
country gives of landing at eight or ten leagues distance at each 
tide, the inhabitants will be dri%-en from place to place into Quebec, 
where it is impossible for them to have any supply of provisions, so 
that necessity will force the surrender of the place. This may not 
appear so clearly to those who are unacquainted with the country, 
nor can I make the thing so demonstrable as I could on a map, 
whereon I presume that I could easily answer all objections. What 
will especially facilitate the enterprise will be that wherever our 
forces first attack, it will call their whole strength from one end of 
the river to the assistance of the other, so that either one or the 
other will be left naked. If they divide their forces they will be too 
weak : if they continue them joined, the country must be wholly ex- 
posed : so that the only refuge left them will be to retire to Quebec 
where, when all that body of men. women and children shall be 
pent up together, their harvest destroyed or in our possession (and 
in that country it is impossible to have supply or assistance from 
other parts i they will be forced by hunger to surrender within a 
fortnight. I forbear to speak of the value of the place, its trade 
and its importance as securing our Colonies, any one of which 
things is sufficient inducement to encourage the enterprise. 
6 closely written pays. Endorsed, Reed. 23 Sept. 1696; Read 24th. 
[Bwrd of Trade. Plantations General, 4. A'o. 12; and 34. 
pp. 54-58. j 

253. William Popple to the Attorney and Solicitor General. 
Forwarding Governor Nicholson's enquiry as to the means of 
attainting juries (zee preceding rolume, \o. 2,303) for their opinion. 
[BfMrd of Trade. Maryland, 9. p. 19.] 

254. Bartholemew Gracedieu to William Popple. I came 
home from Gravesend just now and found yours of 22nd ; in 
answer to which, our ships after their arrival at Jamaica are unloaded 
and laden again in eight or ten weeks. If their Lordships could 
order convoy home as well as out, we may hope for better success 
than yet we have had. I do not trade to Barbados. Please send 
me word when I shall wait on you. Signed, Bartho. Gracedieu. 
4 p. [Board of Trade. Jamaica, 8. A'o. 20 ; and 56. p. 6.] 

255. Council of Trade and Plantations to the Lords Justices 
of England. We have spoken with the Virginia merchants, who 
assure us that 100 ships are already gone to Virginia and Maryland 
from the port of London, which with six more ready to sail and 
those gone from the out ports will make the greatest fleet ever sent 
to those Plantations. They say further that most of the crop for 
which they were designed will have been taken by the West Country 
ships, and that the stay of 110 days in those parts appointed by the 



AMERICA AND WEST INDIES. 



141 



1696. 



Sept 24. 

. . - . 



Sept. -24. 



Admiralty will cause most of their ships to remain there 
as this year's crop will not be ready for shipment until February. 
We think that the convoy should be ordered to prolong their stay 
till the fleet now there can ship this year's crop, or that another 
convoy be sent from here go as to be there in February, in order to 
convoy home so considerable a fleet. The necessity of one coarse 
or the other we think will be clear to you from perusal of an 
additional instruction sent to the Governor of Virginia in 1692. that 
no ships be permitted to sail from Virginia except in fleets or under 
convoy. Whichever of these resolutions be adopted, should be 
timely communicated to the merchants. $\>jn->ii. Tankerville. 
Ph. Meadows. John Pollexfen, John Locke. Abr. Hill. 'B-^rd. <>/ 
Trade. Virginia, 37. pp. 12-14 ; and Plantations General. 34. 
pp. 68-70.] 

256. Council of Trade and Plantations to Governor Sir 
Edmund Andros. Embodying all the general queries addressed to 
Governor Fletcher \se< -V.>. 260 with the folio wing additional 
questions. What proportion of inhabitants is employed in planting 
tobacco, and what in any other way ? What commodities besides 
tobacco are exported from Virginia ? What is the present method of 
preventing illegal trade : how is the Act of ISyl for Ports observed 
and with what success: if the Act be insuSeient for the ends 
designed, what further methods may be taken ? What Indians are 
on your borders and what are the relations of the Colony with them ? 
What means have been used to convert them to Christianity and 
with what success ? Are any of the Indians settled among you 
and learning our language, and how can they be made useful? 
What were the Indians that appeared at the head of James River in 
1695, and what damage have they done since the war began ? 
What number of rangers is employed on your frontier, what is the 
nature of their service and of what nation are they? What pro- 
gress is made in the building and other concerns of the College ? 
We have received your letters of 27 June, but no duplicates of laws 
nor any authentic copies of laws since those passed in the General 
Assembly that met in April. 1695. We note what you say as to the 
quota and the state of the revenue. We note that you have 
called Colonel Johnson and Colonel Charles Scarburgh to the 
Council, but you do not give Colonel Johnson's Christian name, 
nor do we find Colonel Scarburgh's name among the list of persons 
recommended to fill up vacancies. You will furnish a complete 
list of the Council or of persons proper to fill vacancies therein. 
{Board of Trade. Virginia, 37. pp. 15- la] 

257- Lieutenant-Governor Stonghton to Lords of Trade and 
Plantations. Your Lordships' letters of 26 December, 1695, 
10 March and 15 and 20 April have been duly received. I am 
very sensible of the King's princely care for these remote parts of his 
dominions and thankfullv acknowledge vour favour in signifying 
the reasons for the disallowance of laws, and the amendment of 
laws to be passed in place of those disallowed, which are now before 
the Assembly. I thank vou also for the warning of a French 
design against some part of America and your assurance of speedy 



142 COLONIAL PAPERS. 

169t>. 

help from England, as the state of affairs at home should permit. 
I at once gave the necessary orders for putting all things into a 
posture of defence. On the news of the discovery of the wicked and 
traitorous plot against the King and Government a day of thanks- 
giving was at once appointed, and the oaths were administered to 
all males over eighteen years of age who had not taken them. The 
Council and Assembly also signed the Association for the better 
security of the King's person and Government. I have caused the 
Act of Parliament for regulation of the Plantation trade to be pub- 
lished, and shall take care that that Act and all others for the encour- 
agement of Navigation and securing the Plantation trade be strictly 
executed within this Government. The General Assembly by this 
conveyance send addresses to the King, congratulating him on his 
deliverance from conspiracy and from invasion of the kingdom, 
and setting forth the distressed and languishing state of his subjects 
in this province, and the deep impression made upon them by the 
enemy this summer. H.M. frigate Newport has been lost. She was 
sent by me in company of the H.M.S. Sorlings and a yacht into the 
Bay of Fundy to intercept the supplies of ammunition and stores 
sent annually from France to John's River, but was unhappily over- 
powered by two ships of war of greater force than ordinary which 
came thither this year. I have sent a particular narration of the 
action, under the hands and upon oath of the officers of the Newport, 
to the Admiralty, and transmit a copy herewith. The address also 
reports the loss of Fort Pemaquid. which was beset by the two 
aforesaid French men-of-war, with the Newport and a land force of 
near four hundred French and Indians, provided with cannon and 
bombs for the storming thereof. A copy of the narrative given in 
by some of the officers on oath is enclosed. The commander is 
under confinement in order to further hearing of the matter. 
Captain Paxton, who was a prisoner on board one of the French 
men-of-war, will lie able to give you information thereabout. 
The fort was well furnished with all necessaries and seasonably 
reinforced by forty fresh men on the news of the disaster befalling 
the Newport : and I sent an express to notify the commander thereof 
and of the strength of the French, with directions to be very care- 
ful and vigilant, and to have all things read}- in case of an attack. 
It was feared that the French forces would have made some further 
attempt on Piscataqua river, as was said had they not heard of 
the arrival of H.M. frigates with the mast-ships and several merchant 
ships from England. Thereupon I ordered a levy of near five 
hundred men for reinforcement of the frontiers and the protec- 
tion of the river, and fitted out a hired merchant ship with the 
Province galley and a fireship to join H.M. frigates Arundel and 
Orford, with orders to search for the French ships. It happened 
that they sighted them at anchor at Mount Desart. Herefolloics an 
account of the failure to catch the French ships, almost identical in 
language trith that giren in Xo. 243. The Arundel, the Province 
galley, and several other small vessels of war and transports, with 
near five hundred men under the command of Lieutenant-colonel 
Hathorne, are now in the eastern parts of the province with orders 
to attempt the capture of the French fort on John's river, and for 
making other attacks upon the enemy in those parts, which, if 



AMEBICA A5D WBST INDIES. 



Go* giwc tiKBi B6BMB triO fcc of BHTict. SOBC pn 

----. ' ' L- ' . - - -. 

French fidnng-nsHdb front &e laa]u of KevfmmAnd. Ac li^rt 
Judge of AflUnfcf ippiiiikJ in tike famiiiot- I LST*: been 

- ' ' - ~ - ' _ ----.. 

the rinters wovld have bbeo grfentj disK/crased mud r_tr j an- 
oaM brae left the funutoe if not aJkfued tL^;r ~&rtA 'A "&& 
_ - - -_._. . . 

King's dare of primginnJi -viDtrii i* r**f ;.- v. it -- SVM vj 

.- 

' - - 
- 

of prifaa* adraiitaefe- I LiTt tbt Cc r uij?di"e c.^ci.ic'L that it "fc.r 

.----_- 
~ --.;---':.; 
inrinnttiriii for tLt prcniiise- I bes- iebTt v.. .-t^rvr: tLhi ir. Ti* 

'/.---.' - - - 
thitt tie wiJ] in cie of ibt iaiiiwr TJ ar de-^ct: 

* - ' 

PTITI dad ttffiA ihetwn- I ntrer Tru i2'ri.-*^; :: .~ ~ ssti. iti^rt. 
rnidtii I sLcmld imre tinieij tjaLrec iw. biji Lh^e -exiCL-^e: treTrrrbl :. 
ti*e ^.AdMS- ttereaiciut- TfLo decj tLe bhzi^-r b^: i btj iLb.; il* ^hZ 
-jt= gcod and did not jdrfc TiT T.JICCL rrzi? :: iL^ir r^^i- I l*c 
it ^C'miueiiaijcii^ ti-t L'^ni'it bd^reir :: lit*- *''' .~'- 
5Creiat>5 sni'^tsts it ttir prcnrLse- ."^rr-i. "H"ir_ rroC'osiv.ci. 
jip. f rfmnf Eeed. and r*2*i ^C' Ncrr. l^i-*?. Ant"w*ir*sd- 
Jan. 16&G-7. Jw*vx*rf. 

257. L CTam of iie lue esrriacc: :: r-rTLi^ui F-..r: v. 
".--:--- - 



a rmr_ 



l fit IK i il 23>i Mr. L .o~e^.-r . it ~* I-.I 

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144 COLONIAL PAPERS. 

1696. 

hours before that time they began to heave their bombs 
over the fort, and at the same time pitched their 
standard upon the hill, whereupon our captain ordered 
our gunner to fire upon the standard, which he did, but 
missed it. He then bade him fire again, when the shot 
(as they told us on board the French ship) killed two 
Indians and wounded another. We had but one gun that 
we could bring to bear, and after four or five times firing, 
the flanker, on which it was mounted and which had 
been propped up all the winter, began to tumble down. 
By and by three men came in from the enemy with a 
nag of truce, and our Captain sent a flag to meet them, 
ordering every man to come up on the wall and shew 
themselves. The French and Indians at the same 
time appearing on the hill shewed like a swarm of 
bees and sent to speak with the Captain, who went out, 
and three men with him. The land-general then 
demanded the fort, saying that if it were not surrendered 
before another bomb was fired he did not know whether 
there would be man, woman, or child saved ; for the 
Indians would come in upon us if our walls were 
breached, and would give no quarter. He added that 
if we did not believe him we might send and see of what 
force they were. Captain Chubb sent Serjeant David 
Frances to view them (the French General leaving a 
hostage in his room) who on being led into their camp 
saw that they had two mortars and about fifty bombs, 
with one field-piece. They told him that they had six 
more at New Harbour and a hundred Indians with them. 
Serjeant Frances judged the number of Indians there to 
be not less than 500 and the Frenchmen to be at least a 
hundred, and informed Captain Chubb. The Captain 
thereupon sent out two more Serjeants, one of whom 
had been in Flanders and had seen bombs played, and 
they testified to what Frances said. Presently after 
came Mons. Castine with a letter from the General 
demanding the fort and allowing us but half an hour to 
consider it. The Captain then advised with his me r i 
what he should do, and they being assured that they 
would be left to the mercy of the heathen, and since we 
could get no water by reason of the enemy, they 
unanimously agreed to surrender on condition that they 
might have the clothes on their backs and be carried to 
a Christian shore (which was granted) and that none of 
us should be captives. Signed, John Bushnell, James 
Lyon, David Frances, Ebenezer Ingoldsby, Mark Bound, 
Robt. Hilton, John Sweeting, Richd.Bryer, Richd. Brown, 
John Downing, John Shind. Copy. 2J pp. Endorsed, 
Reed, and read, 30 Nov., 1696. [Board of Trade. 
New England, 8. A T os. 29, 29 1. ; and 36. pp. 54-59.] 

Sept. 24. 258. Minutes of General Assembly of Virginia. Councillors 
were commissioned to swear in the Burgesses, and the House then 



AMERICA AND WEST INDIES. 145 

1696. 

attended the Governor, who congratulated them on so good an 
attendance and bade them choose their Speaker. 

Sept. 25. The Burgesses attended the Governor, who approved of Robert 
Carter as their Speaker, and then made them a speech, commend- 
ing to them the King's favour in sending out ammunition and 
accepting the ;500 voted for New York in lieu of the quota. He 
hoped that all had joined in the day of thanksgiving and that none 
would be wanting in encouragement to the clergy and the College, 
and recommended the continuance of the impost on liquors and a 
levy by poll for the defence of the Colony. [Board of Trade. 
Virginia, 52. pp. 12-14.] 

Sept. 24. 259. Minutes of Council of Virginia. Adjourned till a fuller 
Council be met. 

Sept. 25. Mr. Blair resumed his place in Council pursuant to the Royal 
order. John Lightfoot produced the King's letter for his admission 
to the Council, but in view of his general ill reputation and known 
misbehaviour the Council decided that he be not sworn. The 
Governor laid before Council what he had thought necessary to lay 
before the Burgesses, particularly in reference to the clergy, when 
it was agreed that nothing more was necessary. Robert Beverley 
sworn to act as Clerk Extraordinary to the General Assembly. 

Sept. 26. The matter of Mr. Lightfoot's admission to the Council was again 
considered and deferred for further consideration. The address of 
the Clergy to the Governor was considered and referred for further 
consideration. It was thought not proper at this time to lay it 
before the Burgesses. 

Sept. 28. John Childs appointed Messenger to the Burgesses. [Board oj 
Trade. Virginia, 53. pp. 38-40.] 

Sept. 25. 260. Council of Trade and Plantations to Governor Fletcher. 

Whitehall. The King having appointed us his Commissioners for promoting 
the trade of this kingdom and inspecting and improving his planta- 
tions in America, it is his pleasure that you give us frequent and 
full information of the state and condition of the province under 
your Government, in regard to the administration and commerce, 
transmitting yearly accounts of their administration by way of 
journal, together with the Acts of Assembly and accounts of all 
public money. You will send us by first opportunity a complete 
list of the Council and of those gentlemen whom you think proper 
to supply vacancies therein. You will inform us as to the popula- 
tion, freemen and servants, white and black, as to its decrease since 
your entrance to the Government, and as to the most proper means 
of preventing the removal of the inhabitants into neighbouring 
Colonies. You will report to us also the total number of the 
militia ; the commodities exported from the province to England ; 
what trade it has with other countries ; how it is furnished with 
supplies (especially manufactures) which used to be furnished from 
England ; whether the trade has increased or decreased of late 
years, and the reasons for such increase or decrease ; what are the 
methods for preventing illegal trade and what further methods 
are advisable ; the number of ships and seamen belonging 
to the province and what sorts of those vessels have been built 

28181 K 



146 COLONIAL PAPERS. 

] (iitn. 

there ; what naval stores the province can furnish, and in particular 
if the tar be as good as that of Sweden; whether there is an 
increase in the quantity of hemp and tar made in the province, and 
if not how so profitable a design has been hindered; what other 
manufactures are found in the province; what quantity of train 
oil is made in Long Island, and what improvements have been or 
might lie made in any sort of fishery. We have received your 
letter of 30 May and 10 June, with enclosures, but with no list of 
those enclosures, which ought to have been sent. The Acts of 
25 March to 24 April last also are not under the seal of the 
province. You will send us an authentic copy, and in future you 
will send the Acts in authentic form in duplicate. We hope that 
the presents for the Five Nations have reached you. The remaining 
matters mentioned in your letters have been laid before the King. 
Signed, Tankerville, Ch. Montague, Jno. Pollexfen, Wm. Trumbull, 
Ph. Meadows, Jno. Locke. [Board of Trade. New York, 52. 
]>]>. 25-29.] 

Sept. 25. 261. Council of Trade and Plantations to Governor Nicholson. 
Tlif letter opens iritlt the same general questions as in the preceding, 
and continue* : What number of inhabitants is employed in plant- 
ing tobacco, and what proportion in other ways, and in what ways'? 
What else besides tobacco is exported to England? What methods 
are taken to prevent illegal trade, and what further methods would 
you propose ? Is your order in Council, that no ships be cleared 
in Maryland without giving security to call on the Governor of 
Virginia, still observed ? What success has attended your measures 
to suppress illegal trade by way of Pennsylvania? What naval 
stores are there in the province ? What manufactures are settled 
among you ? What Indians are on your borders and what are 
your relations with them? What foreign Indians are those men- 
tioned in the Minutes of Council for 1695, what is their strength 
and where do they lie ? What efforts have been made to convert 
Indians to Christianity ? Are any Indians brought to live among 
you in a settled way and to learn our language ? What has been 
the success of the treaty made with the Semiquos, Susquehannah 
and Shevanoe Indians ? How many rangers do you employ on 
your frontiers, what is the nature of their service, and what 
Indians are joined with them? We shall lay your letters of 
18 March and 12 June before the King, with what you desire 
about a small vessel to cruise on the coast. As to erection of a Court 
of Exchequer, we suppose that your intentions will be met by the 
settlement of a Court of Admiralty, as to which we believe some 
order will speedily be issued. Signed as the preceding, with the 
additional name <y3 . Somers, C.S. [Board of Trade. Maryland, 9. 
pp. 20-23.] 

[Sept. 25.] 262. Statement of Jacob Leisler and Abraham Gouverneur 
as to the state of New York province since 1687. In 1688 
there were in the province about 8,000 families from which might 
be raised about 12,000 fighting men, from sixteen to sixty years 
of age. In this year, and for some time before, this Province was 
under Sir Edmund Andros, Governor of New England, who by his 
Lieutenant-Governor, Nicholson, and seven or more of his Council 



AMERICA AND WEST INDIES. 147 

1696. 

had the government and raised taxes and exercised other legisla- 
tive acts without an Assembly. In April 1689 those of 
New England who were well affected to the Protestant interes 
seized Sir Edmund Andros and declared in favour of the Revolution, 
whereupon in May, those of the same interest in New York perceiv- 
ing that Mr. Nicholson would not declare for King William, the 
people seized the fort, and the captains of militia by turns com- 
manded, soon afterwards proclaiming the King and Queen. Mr. 
Nicholson soon afterwards left New York, and the captains then sent 
circular letters ordering all parts of the province to choose representa- 
tives for an Assembly. In June this Assembly met and appointed 
Captain Leisler first Captain of the fort and later Commander-in- 
Chief of the province till their Majesties' pleasure should be known. 
In December there came to New York a messenger with a letter 
from the King addressed to Francis Nicholson, or, in his absence, 
to the Government for the time being. This letter was delivered to 
Captain Leisler, who under its authority undertook the Government 
and continued Governor for some thirteen months. Soon after 
receiving this authority he gave such assistance and encouragement 
to the Indians then in arms against the French, that they took the 
fort of Cadaraqui. About six months after the loss of this fort the 
French sent agents to treat with those Indians for a peace. Hearing 
this Captain Leisler sent likewise one Arnout Yielle, his Indian 
interpreter, to keep them firm to the English, which was so effectu- 
ally done that the Indians seized the French agents, destroyed some 
of them and sent the chief of them, Chevalier D'Eau, to Captain 
Leisler, who kept him in custody so long as his Government lasted. 
He was, however, released from confinement by Governor Sloughter 
and made his escape to Canada. In January, 1690, Captain 
Iiigoldsby arrived in New York with a commission to obey the 
Commander-in-Chief for the time being, but on his arrival sent 
Mr. Chidley Brooke and his Lieutenant to Captain Leisler to 
demand the delivery of the fort to him. Captain Leisler refused, 
and Ingoldsby then waged war against the fort, while Mr. Brooke- 
threatened many that unless they assisted Ingoldsby they should 
be treated as rebels. Captain Ingoldsby continued thus for six 
weeks, calling to his assistance such as had opposed the Revolution , 
who were, and still are, of the Council. Then in March arrived 
Colonel Sloughter, who was made Governor of New York, and as 
soon as Leisler heard of his arrival he sent two persons to congratu- 
late him, whom Colonel Sloughter imprisoned. Notwithstanding 
this Leisler surrendered the fort next morning; but Governor 
Sloughter at the instigation of several of his Council treated Leisler 
and many of his followers as traitors, for not delivering the fort to 
Captain Ingoldsby, though Ingoldsby by his commission was to obey 
the Commander-in-Chief. On this treatment of Leisler many fled 
from New York, but others were imprisoned and indicted for 
murder, for holding the fort against Captain Ingoldsby. The Court 
consisted of Mr. Dudley, president of the Council, Mr. Brooke, 
Captain Ingoldsby and others. Captain Leisler insisted on the 
King's letter for his justification, but the Court would give no 
answer unless he and Mr. Milborne consented to plead. This 
they refused to do. They were accordingly condemned and 



148 COLONIAL PAPERS. 

1696. 

executed; but the whole matter being proved before Parlia- 
ment in 1694 an Act to reverse their attainder has been 
passed. While Leisler was still in custody Governor Sloughter 
called an Assembly, but such as were well affected to Leisler were 
not admitted, and the Assembly then voted 250 out of the public 
money to Captain Ingoldsby and another for their services against 
Leisler. It also voted Leisler's proceedings illegal and demanded 
his execution, which was granted. 

Colonel Sloughter died after five months in the Government, when 
the Council appointed Captain Ingoldsby to be Governor. During 
his administration several were prosecuted as rioters for what they 
had done under Leisler. Some of them, having before given 50 
bail for their appearance, came to England to inform the King and 
Council ; and during their absence their estates were seized, their 
securities prosecuted and four times the value of their bail levied 
upon them. Others were threatened that unless they pleaded guilty 
to the indictment for riot they should be proceeded against as 
traitors, and on their refusal they were kept about eleven months in 
custody, when they were discharged by the royal order. But not- 
withstanding that this order commanded not only their persons to 
be released but their recognisances to be vacated, neither the 
money nor goods seized upon those recognisances were restored, 
for Governor Fletcher refused to obey the order unless the prisoners 
would petition him for discharge, threatening to hang them if 
they did not. They then petitioned and were discharged, but 
notwithstanding their petition no part of the goods seized on their 
recognisances was restored. Governor Fletcher soon after his 
arrival called an Assembly, but finding that most of those chosen 
were well affected to Captain Leisler's interest, he refused them and 
commanded the electors to go to a new election, and when the same 
members were chosen he declined to admit them, but packed an 
Assembly of whom he pleased. Towards the end of 1694, the 
Assembly perceiving that the public taxes and revenue in about 
three years had been near '40,000 and that the same was generally 
misapplied, desired the Governor that an account might be 
given how the money had been disbursed ; but the Governor, 
though at the first meeting of the Assembly he had promised the 
same, refused to do it, saying it was the Assembly's .business to 
raise the money and the Governor and Council's to lay it out, and 
that he would give an account thereof to none but the King. The 
Assembly not being satisfied with this answer, and still insisting 
upon an account, Governor Fletcher dissolved them. In 1695 
Governor Fletcher called a new Assembly but threatened those of 
the last that if they came to any elections he would shoot them, and 
thereupon imposed upon the freeholders seamen and soldiers, armed 
with clubs and bayonets, as electors, and by those electors packed 
an Assembly, which appointed Mr. Brooke and Mr. Nicolls to come 
to England as Agents for the province. In 1694 the Assembly 
gave Governor Fletcher money to repair the fortifications of 
New York ; but the same was neglected and the money misapplied. 
Besides the above mentioned there have been many more particular 
abuses committed, too tedious here to be related, and the present 
Governor, to prevent any discoveries of his maladministration, forces 



AMERICA AND WEST INDIES. 149 

1696. 

such as he suspects may come to England with information of his 
mismanagement to give bond not to leave the province. We can 
attest our complaints of what was done relating to Captain Leisler's 
Government, and have letters to bear out our allegations since his 
death. Sif/ned, Jacob Leisler, Abrah. Gouverneur. 4J pp. 
Endorsed, Eecd. and read 25 Sept., 1696. [Board of Trade. 
New York, 6. No. 64.] 

[Sept. 25.] 263. Statement of "Grievances at New York from 1 September, 
1692, to 31 October, 1695." (1) Shortly after his arrival 
Governor Fletcher issued a proclamation that the Queen had 
ordered the release of the prisoners who had assisted Jacob Leisler ; 
but before issuing the same he had threatened them that if they 
did not submit, with acknowledgment of fault, lie would hang them. 
(2) Several persons addressed him verbally and by petition for 
restoration of their arms which were left in the fort at New York 
when Governor Sloughter arrived, after the insurrection created by 
Captain Ingoldsby, and Captain Leisler ordered his people, about 
300 in all, to lay down their arms. Promise was then made that they 
should have them again, but this was not performed, but on the 
contrary the arms were detained from them with great abuses. At 
first some few men received them back, but afterwards ill councillors 
prevailed with the Governor, who told the people that they had 
served an unlawful commander and deserved to be hanged, and that 
if he had been there he would have hanged every tenth man, so 
that thenceforward no remedy was to be had. (3) Several persons 
addressed Governor Fletcher for payment for service done for the 
King in Captain Leisler's administration, who also were answered 
with " vilipendations," that they had served a rebel and could 
expect no pay, but rather punishment. This was always inflamed 
by the Council, immortal adversaries to Captain Leisler during the 
late revolution. (4) Persons who had laid out money and goods for 
the King's service under Leisler's administration could receive no 
satisfaction, the Council esteeming such goods to be stolen and that 
they should be repaid by the persons who received them by Leisler's 
orders. Great dissatisfaction was thus given, the Council drawing 
no distinction between a time of revolution and another time. 
(5) Lieutenant John Hutchins, who bore the King's immediate 
commission, was imprisoned at Albany and sent to New York, where 
he was suspended by Governor Fletcher and kept out of his pay 
because he had favoured Leisler's case, having in the first place 
sent back the people who came to make the insurrection at Captain 
Ingoldsby's arrival, which was raised by Mr. Dudley and Mr. Brooke, 
and in the second place having endeavoured to dissuade Governor 
Sloughter from the execution of Leisler and Milborne, as against 
his letter to the King for their reprieve and contrary to the King's 
commission. (6) The unjust and considerable forfeitures taken in 
a violent manner from Jaco"b Mauritz and Johannes Provoost for 
non-appearanee at the Supreme Court, though remitted by the 
Queen's order, were never repaid nor charged against the Govern- 
ment's debts, only for the oppression of two of Leisler's Counsellors. 
(7) Major Gerard Beekman, one of Leisler's Council, has been 
banished in the Government by Governor Fletcher's order, and 



150 COLONIAL PAPERS. 

1696. 

bound to good behaviour in 500, with additional security not to 
leave the province, only because he sent some money of his own 
with others to procure from the King a discharge from the dirty 
actions brought against them upon pretence of law. (8) Peter 
Delanoy, who was Mayor of New York and Collector during Leisler's 
administration, was also bound to give his parole not to leave the 
province, on pretence that the public accounts were paid by order 
of an unlawful commander, which accounts by Governor Fletcher's 
order were examined by two of the present Council, his adversaries 
and opposers of the revolution, and could have no other [examina- 
tion] though required. So he never had any determination or 
satisfaction for disbursements for the Government and continues 
under the same parole. (9) Major Robert Leacock, who had been 
one of Leisler's Council, was kept a long while prisoner by a 
constable in the iield to prevent him from voting for a member of 
Assembly ; and this was done so as to have in such members only 
as would be against Leisler's actions. (10) Lieutenant William 
Churcher, who had been lieutenant in the forts of New York under 
Leisler's administration was apprehended in the field, and im- 
prisoned, though he came in a decent manner to vote for a Member 
of Assembly ; which was in order to cross the actions done under 
Leisler. (11) Those persons who under Leisler's administration 
had been rebellious and factious against the King's interest and the 
authority then in his Government were advanced to places of trust, 
while others were kept out, slighted, and named creators of disorders 
and rebels, especially by the present Council. (12) Most of the 
present Council and especially those who had been concerned in the 
late arbitrary Government have been all along opposed to the 
revolution in the King's interest in New York, bitter enemies of 
Leisler and the chief promoters of his execution. Their continua- 
tion is and will be a grievance. (13) Governor Fletcher by his own 
actions and by winking at others has obstructed the free election 
of Members of Assembly, by threats, and calling Leisler's adherents 
rebels in open field, when they came to give their votes. In the 
last election soldiers from the fort came in coloured coats and with 
bayonets, to pass for freemen, and the seamen of H.M.S. Richmond 
came with clubs to deter people from voting for such members as 
they would. The major part, suspecting a design against them, 
went away in dissatisfaction without voting ; and this was done to 
keep out those who favoured Leisler. (14) The elections were 
obstructed also in several counties by intrigued and undue returns, 
all for the same ends as aforesaid. Especially were the Governor, 
Council and others in authority agamst those who were condemned 
by the Supreme Court, calling them traitors under the law of 
condemnation, in spite of the discharge proclaimed by the Royal 
order. There was no admission of service, as appeared in the 
person of Major Beekman. (15) Governor Fletcher has always 
favoured Leisler's adversaries, which was suspected to be augmented 
by gifts from the magistrates and others, so that the actors in the 
revolution for the King could have little hope for removal of their 
grievance and made no further address. Major Richard Panton, 
one of the Assembly who appointed Leisler to be Commander-in- 
Chief, was ruined in estate on that account. The rebellious French 



AMERICA AND WEST INDIES. 151 

1696. 

especially were in great esteem. (10) Several persons were brought 
before the Supreme Court to answer for assisting to execute Leisler's 
warrant for the arrest of Mr. Nicolls, and were imprisoned. Two 
of them were condemned by default, and, their attorney being 
imprisoned, none could answer for them. By a jury of enquiry 
500 damage was found ; at the next Court the case was admitted 
for a new trial, which is still to come. So guiltless persons are 
vexed in law, against the act passed to regulate their pretended 
damages, only to cross the actors in Leisler's revolution. (17) The 
burdens of detachments and taxes are extremely pressed upon 
New York when adjacent places were mostly excused, HO (hat the 
King's order for them to assist had but little effect. The little 
money they gave was mostly not employed in defence but spent in 
other incidentals, whereby our taxes could not be made a penny less. 
The King graciously eased our burden by paying all the militia at 
home, which was never done before, but the administrators here 
augmented the burden so that all the income and taxes were not 
enough to pay the expense. The Assembly could obtain no satisfac- 
tory account thereof, but were told they had nothing whatever to do 
with it. This caused dissatisfaction." (18) The Dutch Ministers, 
by what instigation they know, preached against the actors in 
Leisler's revolution. The people, sensible of their just case, would 
not endure to hear such sermons. They were opposers of the revo- 
lution. The Minister in New York could not lind it in his heart to 
pray for the King and Queen till Leisler gave him a form. AYlien 
Governor Sloughter arrived and Leisler and all under him im- 
prisoned, the Minister was overjoyed and took his text from the 
Twenty-seventh Psalm, " He should have perished if ho had not 
hoped to see good in the land of the living," and such like. How 
instrumental he was at the time of the execution is notorious. The 
Minister at Albany refused to pray for the King, would do so only 
for the Crown, would observe no order from Leisler, holds cor- 
respondence with a Jesuit calling him " amicus honoratissimus,'' 
and saying that they had only war with such who were not on the 
side of the King, inflamed the people against Leisler, made him 
black by his letters to Europe (of which he himself was ashamed) 
boasted that one such letter would destroy him, and was bitterly 
against the revolution. The Minister of Nassau Island, now dead, 
was first for the revolution and brought the county unanimous to 
act ; but being afterwards seduced he changed his opinion, created 
division and was particularly suspected about a contrivance to 
take the fort for which he was tried, fined and imprisoned, but upon 
subjection to Leisler released without fine. For this he was much 
affected to Leisler's execution, made intolerable sermons and died 
without the least reconciliation. (19) When the Act for reversing 
the attainder of Leisler and others came to New York, much money 
was given and collected by the maintainers of the actions of Captain 
Ingoldsby and others, supposed to be against Leisler and others, 
under a colour to do good to the province to send some from 
England to defend their actions, as if they could contend with 
supreme authority in passing the act. On the return of the 
Governor, who had been absent at Albany, it was passed by the 
majority of the Assembly (how arbitrarily chosen has already been 



152 COLONIAL PAPERS. 

1696. 

shown) to send an agent to England and to raise 1,000 to that 
end. Mr. Nicolls was appointed, aa irreconcilable enemy to 
Leisler, who had uttered threats against his adherents. This 
caused dissatisfaction. Most people said it was not a free 
Assembly and would not pay tax for such an Agent, who under 
colour to act for the province should work out with others their 
sinister designs. (20) The maintenance of the frontiers at Albany 
is disliked owing to the ill actions of the Captains, some of whom 
had two commissions, from the King and from the Governor, 
creating double payment. The appointed number seldom came 
there, but sometimes a fourth part and sometimes less ; and still 
when the appointed time expired money was found short, though 
sufficiently provided for. The fortifications of New York are almost 
out of repair, the bulwarks not regarded except one by the water- 
side, which is disposed of to private service. The guns sent by 
the King are not erected, though 160 was long ago granted by 
the Assembly for the purpose ; there is no powder nor " another 
warlike affairs " at present in being to resist an enemy, so that no 
officers upon a sudden invasion are able to defend their posts, there 
being no public stock for the city required in time of war. (21)' 
The opposers of Leisler's revolution for the most part, by credible 
information, have given private depositions to clear those at 
present in authority and declare against Leisler's proceedings, all 
of which may be easily evinced when known, and are undermining 
manners easily to be done when approved by authority. But 
truth will overcome all, which we know is come to light and will be 
maintained by the King. Signed, John Hutchins, Johannes 
Provoost, (labriell Tomasen, Abraham Brassier, William Churcher, 
Meyndert Hoerteii, Gerardus Beeckman. 7 pp. The composition 
is so intricate as to be frequently almost unintelligible. Endorsed, 
Bead 25 Sept., 1(590. [Board of Trade. New York, 0. JVo. 65.] 

[Sept. 25.] 264. Sir Henry Ashurst's instructions for William Partridge 
and Robert Lamb, Commissioners for reporting on the condition of 
Massachusetts in relation to the supply of Naval stores for the 
Royal Navy. Seventeen articles. These differ little in substance 
from those already given to the English Commissioners (see 
No. 182 ii.), containing only strict injunctions to enquire as to the 
defects found in the Naval stores already sent over and as to the 
means of remedying them, and more special directions as to the 
samples to be sent over and the payment for the same. Articles 
are proposed to supersede the two last clauses of the Admiralty's 
instructions. 2J pp. Endorsed, Reed, and read 25 Sept., 1696. 
[Board of Trade". New England, 8. No. 30 ; and 36. pp. 38-43.] 

Sept. 28. 265. Minutes of General Assembly of Virginia. John Childs 
appointed Messenger to the Burgesses. Address of the Burgesses 
to the Governor in reply to his speech, asking him to appoint the 
Assembly a day of thanksgiving, also to communicate to them a list 
of the stores of war, and the royal orders and instructions alluded 
to in his speech. Answer of the Governor appointing next Tuesday 
as a day of prayer and thanksgiving to be kept by the Assembly. 
[Board of Trade. Virginia, 52. pp. 14-16.] 



AMERICA AND WEST INDIES. 158 



1696. 

Sept. 28. 266. Journal of Council of Trade and Plantations. The 
Secretary laid before the Board several papers received from Mr. 
Povey. A memorial from the Barbados merchants as to convoys 
was read, with which the Board disagreed. Order for Mr. Povey 
to inform the Board what was done upon Governor Fletcher's request 
for military stores of 2 Sept., 1695. Order for Sir Henry 
Ashurst to attend on Friday or Monday next. [Board of Trade. 
Journal, 9. pp. 146-148.] 

Sept. 28. 267. Memorial of Merchants trading to Barbados to Council 
of Trade and Plantations. In the matter of convoys we would 
represent that there is a necessity for better carrying on the trade to 
Barbados. We ask for one man-of-war to convoy the outward- 
bound fleet thither, which shall sail from the Downs on BO Novem- 
ber ; for three men-of-war to convoy an outward-bound fleet from 
the Downs on 31 January ; that these men-of-war may be allowed 
to stay eighty days at the Island to give time for unloading and 
re-loading the merchantmen, that the return-fleets may be convoyed 
by the like number of men-of-war, and that the crews of the 
merchantmen may be protected from impressment. Twenty-one 
signatures. 1 p. Endorsed, 28 Sept., 1696. \_Board of Trade. 
Barbados, 7. A'o . 11 ; and 44 A. pp. 5-6.] 

Sept. 28. 268. Journal of House of Burgesses of Maryland. Message 
from the Governor and Council making the following proposals : 
(1) Amendment of the law for making a list of taxables. Resolved 
that the present law is sufficient. (2) Amendment of the Act for 
election of burgesses. Resolved that the present Act is sufficient. 
Proposal for a ferry over Kent Island negatived. Ordered that a 
bill be prepared to annex the Commissary's office to the clergy of 
the province. Proposal for a bill to amend the Militia Act 
negatived. Bill relating to bail in cases of trespass read a first 
time. Resolved that a letter be written to thank the noblemen and 
gentlemen who wrote by last fleet, for their interest in the province. 
Bills for parochial libraries and for speedy relief of creditors, 
with the bills for speedy justice and revival of temporary laws, 
sent up to Council. The Committee reported as to the funds dis- 
posable for building the church at Annapolis, and that the only 
means of raising money was to appeal to the charitable. The 
House thought that a smaller church than that proposed should be 
built. Captain Thomas Ely's case, as to duty to be paid on 
imported negroes, decided. Order for the bounds of Baltimore and 
Anne Arundel counties to be run out. Message from the 
Governor and Council that 50 be paid to Sir Thomas Lau- 
rence for salary as President of the Council for three months, the 
money to be paid from the 800 refunded by Sir Edmund Andros. 
The House concurred. Lord Baltimore's counsel heard on the bill 
for relief of legatees, and the bill unanimously passed. 

Sept. 29. Message to the Council, asking that the Acts for an 
additional duty of threepence per hogshead and the Act 
reviving the same for three years may be repealed, and new Acts 
passed continuing the original duty of threepence during Governor 
Nicholson's government, and the additional threepence until the 
12th of May, 1698. Bill for the port of Annapolis sent up to 



154 COLONIAL PAPERS. 

1696. 

Council. Bill as to the Commissary 's otiice read a first time and 
committed. A standing Committee appointed to inspect the laws. 
Resolved, on a proposal to the House, that the trustees of the free 
schools meet and decide upon the building. Four new members 
gave subscriptions to the fund for the same. Eesolved to send a 
present to Dr. Bray for his endeavours to collect parochial libraries. 
Message from the Governor and Council, shewing that the 
merchants' petition as to the ten per cent, duty cannot be granted, 
nor can the Act for revival of temporary laws be passed, both being 
contrary to the Royal instructions. Resolved that Burley and 
Mason, though pardoned, should give security to pay their fees to 
the province before they are discharged. Bills for parochial 
libraries and for speedy relief of creditors agreed to and sent to 
Council. Resolved that the merchants of New York shall pay the 
ten per cent. duty. Bill as to the Commissary read a second time. 
Sept. 30. Resolved that Burley and Mason repay the expenses of obtaining 
their pardon. Commissary's Bill read a third time. In the matter 
of encouragement to Mr. Geddes, the schoolmaster sent out by the 
Bishop of London, advised that he be set to read prayers in some 
parish where no minister is, and be paid as a minister. Message 
from the Council pointing out that the Burgesses' message as to the 
additional duty of threepence is already answered by the reference 
to the Royal instructions. The House approved of an amendment 
to the resolution as to the church. Other ordinances and addresses 
slightly amended. Bill for marking of roads read the third time. 
Resolved that the threepence additional duty be devoted for one 
year to the building of the church, and that 200 of the money due 
from Sir Edmund Andros be applied to the vise of the free schools. 
Message to the Governor and Council : We cannot assent to the 
proposal for imposing an additional threepence per hogshead 
without doing violence to our feelings ; but we have passed resolu- 
tions for the support of the church and the free schools to shew 
our good will thereto. We beg the Council to join us in an address 
to the King for the relief of several persons under penal navigation 
bonds. Message end*. Further message to the Council asking for 
despatch of the bills before them. Gerard Slye's petition rejected. 
Resolved to address the King not to disallow the Act of Religion, if 
disapproved, until he has signified his pleasure how he would have it 
altered. Message from the Governor and Council : The Governor 
assents to the House's answer as to the additional duty of threepence, 
not being so dogmatical as to think himself infallible, though the 
House has shewn no reason against his proposal. As to the navi- 
gation bonds, nothing can be legally done until judgment be passed, 
when the Governor will suspend execution and the Council will 
join the House in an address to the King. As to the address to the 
King for a frigate, if any damage be done, the fault will lie at their 
own doors. The House, having refused to give a present to Mr. Bray, 
is asked whether it expects people to do their business for nothing ; 
wherefore the Governor sends two letters from Mr. Bray for the 
House's perusal. Since the House thinks the Militia Act sufficient, 
the Governor begs the Burgesses to see that it is enforced. As to 
Sir Thomas Laurence, he accepts 50 voted to him for his 
presidency as his due, but declines to accept the 50 offered to 



AMERICA AND WEST INDIES. 155 

1696. 

him conditionally on his procuring the passing of the Acts as to 
religion, as to schools, and as to advancement of coin. Message ends. 
Certain payments ordered and petitions dealt with. Resolved 
that if Mr. Bladen obtain a printer and press lie shall have the 
sole henefit thereof ; and the Council is asked to concur herein. 

Oct. 1. Message from the Governor and Council, suggesting a slight 

amendment in one of the addresses to the King, proposing that the 
House authorise an agreement to be made for a ferry over Kent 
Island, and asking for an answer as to the Rangers paying for their 
arms. Sir Thomas Laurence added to the message that though he 
had recovered i'800 for the country, he had received nothing for 
his services. It is therefore proposed to the House that Councillors 
in lieu of daily pay for their attendance shall receive an annual 
salary. Another message from the Governor and Council. (1) As 
to the Act for making the town of Doncaster, care should be taken 
that the province's ships ride together in some convenient place and 
do not lie straggling; (2) Proposed that something be given to 
Mr. Geddes out of the Act for furs, etc. ; (!i) Proposed that the 
church be built according to the present plan, as the funds in hand 
will almost pay for the outside and the Governor hopes to obtain 
donations from England. Mc*na<i<' ends. Another message from the 
Governor, proposing that an ordinance pass to satisfy people's minds 
by publishing certain facts in order to silence malicious reports. 
Hereupon the House resolved that such an ordinance do pass. As to 
the rest of the above proposals : (1) The House desires that ships 
may ride as best suits their trade ; ('2) The House adheres to its 
previous resolution ; (3) The House leaves the matter to the 
Governor, provided the province be put to no further charge than 
it has approved. As to Sir Thomas Laurence, the House thinks- 
that it has sufficiently gratified him, and that the question of 
Councillors' salaries should be deferred to next session. 

Oct. '2. Several petitions received, and one of them, relating to navigation 

bonds, referred to the Council with a recommendation to the 
Governor's good offices. Resolved that is a great grievance that 
more time is not allowed to those persons who have been impleaded 
upon their navigation bonds. The ordinance for quieting the 
minds of the people was sent up to Council, and returned with a 
proposed amendment to the effect that the Governor had never 
called Assemblies except when necessary, nor made use of public 
money, the money now paid to him being that which he lent to 
the country without interest. Message from the Burgesses accepting 
the amendment, and declaring that he has always borne himself 
with uprightness and generosity to the country. The House then 
attended the Governor, and the following bills received his assent : 
Bill relating to the Commissary's office, Bill for parochial libraries, 
Bill for the port of Annapolis, Bill for marking roads, Bill as to 
bail. in cases of trespass, Bill for relief of creditors, Bill for a public 
levy. The addresses passed to the King were then signed. The 
Governor then said that he had found much difficulty in reclaiming 
the insolencies of several persons, but that good laws were useless 
unless enforced, whereupon he charged the magistrates strictly to 
enforce the laws against vice. He then prorogued the Assembly to 
23 March. [America and West Indies. 557. Xo. 17.] 



15fi COLONIAL PAPERS. 



1696. 

Sept. '28. 269. Minutes of Council of Maryland in Assembly. Bill for 
relief of creditors read a first time and amended. Bills for parochial 
libraries and for speedy justice read a second time. A message 
recommending payment of 50 to Sir Thomas Laurence sent to the 
Burgesses (pp. 138-139). 

Sept. 29. A message with various proposals to the Burgeses prepared (nee 
preceding abstract, 1 October), also a message intimating that the 
Royal instructions stand in the way of two of the Burgesses' pro- 
posals (ibid., 29 Sept.) (pp. 138-135). Resolution of the Burgesses 
as to appointment of County Court Clerks approved, and a proposal 
sent to them to reward Mr. Bray (p. 140). 

Sept. 30. Account of the arms, etc., and of the division thereof between 
the counties, sent down to the Burgesses and approved by them. 
Message from the Burgesses as to the proposed additional duty of 
threepence per hogshead, with the Governor's reply thereto. Other 
resolves of the Burgesses on the Council's proposals also read 
(see preceding abstract) (]>p. 141-147). 

Oct. 1. Proposal sent down to the Burgesses as to an ordinance to quiet 

the minds of the people ; and also a message on several points (sec 
preccdint/ abstract) (pp. 147-149). William Bladen's proposal as 
to a printing press received from the Burgesses (p. 152). 
Oct. 2. The ordinance for quieting people's minds was received from the 

Burgesses, and an amendment proposed to it, which was heartily 
accepted by them. The Burgesses' answers to the points of yester- 
day's message received. The Council pointed out that the proposal 
as to the Rangers was insufficiently answered, those as to Mr. Bray 
and as to ferries not answered at all, and that as to ships riding where 
they would, so answered as to be unacceptable. The Burgesses then 
agreed witli the Council as to the Rangers, but declined to recede as 
to the remaining points. The Council and Burgesses then inspected 
the state-house, the building, and reported the work to be good. On 
the passing of the ordinance for quieting the minds of the people, a 
member reported that he had known John Coode in England, that 
he was minister at Penryii and was turned out. The addresses to 
the King were then signed and the Acts assented to. The map of 
the town and port of Annapolis was then sealed, also the pardon to 
Mason and Burley. The Treasurers and others swore to their 
accounts. The Governor then made a speech to prorogue the 
Assembly (see preceding abstract) (pp. 149-157). [Board of Trade. 
Maryland, 14. pp. as cited.'] 

[Oct. 2.] 270. Duplicate copy of the Journal of Council of Maryland, 
in Assembly, 16 September to 2 October, 1699. [America and 
West Indies. 557. No. 18.] 

[Oct. 2.] 271. Copy of the laws passed in the Assembly of Maryland in 
the session of 16 September to 2 October. [America and West 
Indies. 557. No. 19.] 

Sept. 28. 272. Minutes of Council of Maryland. Oath appointed for 

Collectors and Naval Officers. 
Sept. 29. Proclamation for cancelling the prohibition, of 15th October 

last, of the exportation of corn. 



AMERICA AND WEST INDIES. 157 



1696. 

Sept. 30. Order for the prosecution of Thomas Hedge for bigamy, and of 
Lieutenant-Colonel Cole for performing the office, knowing him to 
he already married. 

Oct. 2. Several masters of ships appeared in support of a petition for 

longer time to procure certificates ; but the Governor declined to 
stop the current of the law. 

Oct. 3. Order for no allowances to be made in the public levy, which are 
not authorised by law, several justices having taken upon them- 
selves to grant such allowances. The complaint of the Baltimore 
County Burgesses against the encroachment of Delaware Indians 
was heard, a copy of their petition ordered to be sent to Governor 
William Markham, of Pennsylvania, with a request that he will see 
the Indians and find out what they have to say in excuse. Order 
for the County Court Clerks to report accurately at what hours the 
Courts sit and rise, and whether all the justices sitting do actually 
continue sitting during those hours. [Board of Trade. Mary- 
land, 13. pp. 160-165.] 

Sept. 28. 273. Journal of House of Burgesses of Virginia. The Governor's 
speech was considered in Committee of the whole House, and the 
heads of an Address in reply upon certain matters resolved on, the 
rest of his recommendations being referred to the Committee of 
Grievances for report. Reports as to disputed elections, and orders 
given as to the proceedings of the Committee of Claims and of 
Grievances. The Speaker was requested to move the Governor that 
Mr. Cope Doyley might read Divine Service during this Session. 

Sept. 29. Address to the Governor read and approved, to the following 
effect. We thank you for your speech, and we ask you to appoint 
a day of public thanksgiving, and to communicate to us an account 
of the stores of war sent by the King, to whom we feel all becoming 
gratitude. Address end*. John Childs produced the Governor's 
commission to him to be Messenger to the I3urgesses l and was 
admitted. Several grievances and propositions referred to the 
Committee. The Speaker reported the Governor's appointment of 
Mr. Cope Doyley to read Divine Service. 

Sept. 30. A disputed election was decided and the members sworn. A first 
report of the Committee of Grievances was read, and orders given 
to prepare bills for redressing certain of those grievances. The 
Governor sent down an account of the stores of war and a short 
message appointing a day of public thanksgiving. Further con- 
sideration of grievances and propositions. Resolved to address the 
Governor that no one person be allowed to take up more than 400 
acres of land to the South of the Blackwater, and ordered that 
certain bills be prepared. 

Oct. 1. Several claims, grievances and propositions were read and referred 

to the Committees. Several reports from the Committee of 
Grievances considered and orders given thereupon, including the 
preparation of a bill for maintenance of the Clergy. Order for a 
return to be made of the receipts from the duty of fourpeuce a 
gallon on liquors imported. 

Oct. 2. Several of the bills ordered were presented at the table. Address 
to the Governor to limit the amount of land, to be taken up by any 
one person on the South of the Blackwater, to 400 acres was read 



158 COLONIAL PAPEES. 

1696. 

and agreed to. A further report from the Committee of Grievances 
was considered, and orders given for the preparation of several bills. 
Several petitions for salaries were referred to the Committee of 
Claims. The following bills were read a first time and ordered a 
second reading : to alter Court-days in Accomack County ; to reward 
Indians for killing wolves ; to ascertain the value of money ; to 
repeal the prohibition to plant tobacco ; to punish fornication and 
other crimes ; to ascertain fees of County Court Clerks upon 
probates etc. 

Oct. 3. Message from the Council agreeing to a conference as to securing 

the stores of war, upon which the House appointed six members to 
be its managers therein. Several petitions for payments referred 
to the Committee of Claims. Bills for maintenance of the clergy 
and for dividing King and Queen County were read a first time and 
ordered a second reading. A further report from the Committee of 
Grievances was read, and orders given for preparing certain bills in 
accordance therewith. The bills concerning Accomack County 
Court, to ascertain the value of money, to ascertain fees of County 
Court Clerks and Sheriffs, to repeal the prohibition against planting 
tobacco, and to reward Indians for killing wolves, were read a second 
time, amended and ordered for third reading. The bill to punish 
fornication etc. was read a second time and referred to a Committee. 
[Biiard of Trade. Virginia, 52. pp. 206-231.] 

Sept. 28. 274. Minutes of General Assembly of Massachusetts. 
Several petitions read and sent to the Representatives, also a report 
by a Committee on several former petitions. Bill for incorporation 
of Harvard College again debated. 

Sept. 29. Bills for equal distribution of insolvent estates and for subjecting 
lands to payment of debts, with the amendments directed by the 
Privy Council, were read and debated, also the Act for punishing of 
capital offenders. 

Sept. 30. The Conference deferred till this day was again postponed to the 
2nd of October. Bill to establish Courts received from the Repre- 
sentatives and read. 

Oct. 1. Bill to establish Courts read a second time and debated. The 

Representatives sent up their votes in the case of John Wilkins, to 
the effect that his complaint was well founded, that the Justices and 
other officers should be admonished by the Lieutenant-Governor in 
the face of the whole Assembly, and that the Justices should repay 
Wilkins his losses through their judgment and his costs. The 
Council after debate voted non-concurrence with this decision. 
Oct. 2. Bill for incorporation of Harvard College debated, and on a vote 

not concurred with. Bill to continue the late Acts for Estab- 
lishment of Courts and of forms of writs till the end of the Sessions 
in May read, and ordered to be engrossed. On intelligence of the 
desertion of Woodstock by the inhabitants, it was ordered that the 
town be accounted a frontier and subjected to the Act to prevent 
desertion of the frontiers. On the petition of the people of 
Martha's Vineyard and Nantucket Island for remission of their 
arrears towards the tax, it was ordered that the remission be granted 
on their expending each 150 on the fortification of the Islands. 
Conference between the Council and Representatives on the cases of 
Samuel Gibson and Joseph Richardson. 



AMERICA AND WEST INDIES. 



159 



1696. 
Oct. 8. 



Sept. 29. 

Whitehall. 



Sept. 29. 

Whitehall. 



Sept, 29. 

Barbados. 



Sept. 29. 



Cotton and Thomas 

; a packet for trans- 

\_Board of Trade. 



Bill to prohibit exportation of grain and malting of barley read, 
and ordered to be engrossed and enacted The Bill to revise the Acts 
as to Courts and forms of writs was read, amended and enacted. 
Bill for a more speedy supply of the Treasury till a tax can be 
raised, received from the Representatives, read, ordered to be 
engrossed, and enacted. The complaint of Nathaniel Oliver against 
the Justices of the inferior Court of Martha's Vineyard, and the 
reply of the Justices thereto, were heard. Adjourned to 18th of 
November. [Board of Trade. New England, 48. pp. 78-84.] 

275. William Popple to Sir Robert 
Frankland, Postmasters-General. Enclosing 
mission to Governor Sir Edmund Andros. 
Plantations General, 34. p. 59.] 

276. William Popple to Governor Sir Edmund Andros. 
Enclosing letters from the Council of Trade and Plantations with 
the letters for the Governors of Maryland and Virginia. [Hoard of 
Trade. Virginia, 37. p. 19.] 

277. President and Council of Barbados to Council of Trade 
and Plantations. H.M.S. Jersey returned from the Leeward 
Islands on the 17th inst. and brought us letters from Governor 
Codrington, reporting that, according to intelligence of French 
prisoners, the enemy had twelve men-of-war and two bomb-vessels 
lately arrived at Hispaniola, designed against St. Domingo, and 
twelve or fourteen men of war at Canada to destroy the trade on 
the coast of New England and then bear up hither to attempt this 
and other English Islands. The intelligence as to Canada is con- 
firmed by the master of a ship lately arrived from Boston. This 
news has set us to vigorous preparations for defence, the more so 
that on the 17th inst. we discovered six large ships off the south- 
east of this Island. H.M.S. Jersey went out to discover what they 
were, but missed them owing to nightfall and returned next Any. 
We conjecture them to be French ships either from France or 
Canada, who have come down to this latitude on their way to 
Martinique to take what they could meet with on the east and south 
side of the Island, while the rest of their force may be to north- 
ward. On the 23rd inst., a ship came in from Boston, the master 
of whom swore that, when he left Boston on the 12th of August, 
there was no news of a French squadron at Canada. But we think 
it safer not to trust negative information in the face of that sent 
us by Governor Codrington. We send this by way of the Leeward 
Islands, to tell you that unless the stores requested by Governor 
Russell be supplied, these Islands may be in danger. Signed, Fran. 
Bond, Prdt. John Hallett, John Gibbes, Edw. Cranfield, John 
Farmer, Geo. Lillington, Geo. Andrews, Pat. Mem, B. Hothersall. 
1J pp. Endorsed, Reed. 15th, Read 18th January, 1696-7. 
Answered, 12 Feb. A short abstract is attached. [Board of Trade. 
Barbados, 7. A T o. 12 ; and 44A. pp. 43-45.] 

278. Minutes of Council of Barbados. Order for H.M.S. Jersey 
to be despatched to Governor Codrington with letters. A sloop 
appointed to go out and gain intelligence of the French. Three of 
the Council signified their dissent to the resolution to send the 



160 COLONIAL PAPERS. 

1696. 

French prisoners to Europe. A petition of Charles Thomas, reflect- 
ing on the Council, was postponed for further consideration. The 
Naval Officer's accounts were brought in to Council. 

Sept. 30. The Assembly attending proposed that a Council of War should 
be held, that articles of war be drawn up and that all other matters be 
postponed till the Island is in a posture of defence. The Council 
agreed. A committee appointed to hire a sloop to gain intelligence 
of the French. Proclamation for the keeping of the peace ordered. 
The Assembly at its own request was adjourned. 

Oct. 1. A Surveyor-General of the fortifications appointed, with salary 
of .100. Agreed that the Councillors sit in the Council of War. 
[Board oj Trade. Barbados, 65. j>/>. 143-146.] 

Sept. 30. 279. Memorandum of a petition of Ralph Lane, sent by Mr. 
Povey 30 September, rend 1 October, delivered to Clerks of Council 
16 December, 1696. i p. [Hoard of Trade. Barbados, 7. 
No. 13.] 

Sept. 30. 280. Minutes of Assembly of Nevis. A committee was 
appointed to draw up the proceedings of the Assembly and a 
justification of the same, to be sent to the Agents in London. 
[Board of Trail'. Leeward Islands, 64. pp. 388-389.] 

Sept. 30. 281. Governor Codrington to Council of Trade and Planta- 
Antigiiii. tions. This goes by H.M.S. Hastings, which also carries home the 
Association, signed by all the officers of the Government and the 
principal inhabitants. Pray present it, together with our address 
of congratulation, to the King. It comes from but a handful of 
people, but from people who are ready to venture their all for the 
King and have shewn their readiness during the present war. 
Lieutenant-General Hill wrote five days ago from St. Christophers 
that a Nevis sloop brought intelligence from St. Thomas that the 
French had certainly twelve men-of-war then at Petit Guavos, 
which were reported to have designs against either St. Domingo, 
Curacoa or Jamaica. This is the strength which I reported to you 
in my last letter, but whether the French have a further force 
arrived at Canada for attack on New England I cannot yet learn, 
though I shall be careful to gather intelligence and send it to you. 
The Hastings and the privateers fitted out in Antigua have so dis- 
couraged the enemy's privateers that in a manner we live in security, 
whereas not many months since we had hardly a vessel that had 
escaped them, the Chester being then unable to cruise for our 
defence. It is absolutely necessary for the safety of this Govern- 
ment that there should be always at least two good-sailing men-of- 
war to cruise here for our defence, which not only would be a great 
encouragement to the inhabitants but a great countenance to our 
privateers. If the French naval strength be increased, ours should 
be increased likewise. The clothes and recruits, and the regulations 
of the King for the pay of the Regiment, which have arrived here 
under convoy of the Colchester, have altered the face of the soldiers 
to a cheerful countenance. Notwithstanding the daily sickness of 
these Islands, due to unusual heavy rains, the Regiment is complete 
according to the new establishment. I mustered it myself last 



AMERICA AND WEST INDIES. 161 

1696. 

month. Signed, Chr. Codrington. 2 pp. Endorsed, Eecd. and 
read 5 Feb., 1696-7. Answd. 12 Feb., 1696-7. [Board of Trade. 
Leeward Islands, 5. No. 11 ; and 45, pp. 46-50.] 

Sept. 30. 282. Lieutenant-Governor Usher to Lords of Trade and 
Newcastle. Plantations. You will receive the Minutes of Council since mine 
of November last, wherein you will see that the Council of New 
Hampshire lose a country rather than advance money. I find 
provisions for six months for forty-six men out of my own estate, 
otherwise the places must have been deserted, though I have not 
one penny interest among them. Though I laid before them in 
July the necessity for raising money, they passed a bill for (>00 
for fifty men from Boston and to pay debts, or for maintaining only 
thirty men in garrison. On this I sent for both Houses and 
desired to know their meaning as to thirty men, asking whether, if 
the Commander-in-Chief see cause to impress forty men besides the 
thirty, they would be paid out of the 600. The answer was 
" No." I then told them that I had visited the garrisons 
and had consulted the militia officers, and that all agreed 
that it was absolutely necessary to continue forty men ; that 
they were going to infringe the King's prerogative by tying 
the number up to thirty men, and that therefore I could 
not accept the bill. The Assembly desired the bill to consider of, 
and ;n a little time came up again and declared that they would not 
alter it ; upon which they were dissolved and commanded to attend 
at Newcastle, nor depart without leave. Having accounts from 
England that I am charged with irregularities and ill conduct, I 
desired both Houses to say if they knew of any. They declared 
" No," as the minutes shew. 1 desire your Lordships to cast an 
eye on all my proceedings in the Minutes of Council from March to 
this day. The Assembly not raising money, poor men being 
impressed and having no clothes nor any to trust them, I impressed 
several principal men to serve or pay four pounds, and on their 
refusing to pay they were sent to garrison, there to remain till 
further orders from myself or the Commander-in-Chief. No sooner 
was I gone out of the province than the rich men were released and 
the poor men, which had been two or three months [on service] , 
continued, all to contradict my warrants. The rich men had an 
Association tendered them to sign, and they only refused to sign it. 
This month I called an Assembly to raise money and laid before 
them a particular account how the country was in debt 700, and 
how it was requisite to raise 700 more for time to come. They 
raised 600, and would raise no more. I then laid before them 
how by virtue of the King's commission they raised money for 
defraying town-charges and for maintenance of ministers, and 
demanded that they would raise money out of respect for and 
support of that Commission. They would not raise one penny. 
On the 28th inst. a company of men in arms declared that they 
would obey no Commission, that they would go and seize the fort, 
hoist the King's flag, and see who dared come there, saying one and 
all (sic). The chief of them are seized and committed. Account of 
all this and the true state of the province will be laid before 
you by Captain Shadrach Walton, who goes by this conveyance. 

28181 L 



162 COLONIAL PAPERS. 

1690. 

If the King does not send early next spring a hundred men 
for this place, I believe the French will be masters of it. Had 
not God strangely diverted them, they had been masters 
last summer. I therefore entreat that a hundred men may be, 
and that Captain Walton may command them, he being the only 
loyal person who has stood by me. It is by him that I have con- 
tinued the King's Government till to-day. For his loyalty and 
that only he has been a sufferer both in estate and name. He has 
been a real medicine to the King's Commission. I myself have 
been so abused that at grass three several times I have had three 
several horses shot and wounded. The next I expect to be my 
person. When the ships are gone I shall go to Boston, there to 
remain till I hear from you, judging myself not safe here. In the 
late Act as to Trade, it is said that all Governors are to take an 
oath by March next, under penalty, etc. I desire that someone 
may be commissioned to administer the oath, though to this day I 
have observed all Acts, as though I had taken the oaths, which has 
made me uneasy in my place to the inhabitants. It is hard for me 
to maintain the honour of the King's Commission out of my own 
estate in a place where the King is immediately concerned, likewise 
to have the whole burden of Government on my shoulders alone. 
I beg that you will consider this and give me some relief. On news 
of the defeat of the plot against the King I at once proclaimed a 
day of thanksgiving. I have also published the new Act of Trade 
immediately. I have also received an Association from Whitehall. 
Major William Vaughan, Richard Waldern, Joshua Moody and one 
Mr. Penhallow refused to sign it. I beg that if there be any com- 
plaint against me I may be ordered to attend you till I have 
answered it. Signed, John Usher. 1J pp. Endorsed, Reed. 
30 Nov., 1696. Read 7 Dec. A very brief precis is attached to the 
letter. [Board of Trade. New England, 8. No. 81 ; and 36. 
pp. 65-68.] 

Sept. 30. 283. Lieutenant-Governor Usher to Lords of Trade and 
Plantations. I send an account of my proceedings with Major 
William Vaughan and Mr. Richard Waldern, together with my 
reasons for the same. What pretence they may make for refusing 
to take the oath and sign the Association I know not, but upon 
honour they gave me no other answer than that herewith sent, 
attested by the secretary. Makers of laws should be observers of 
laws. The law says that any refusing to take the oath shall 
pay not exceeding forty shillings, and be sent to prison till they give 
bond for good behaviour. The country will provide no prison nor 
house of correction, and therefore the country will not provide for 
the execution of the law. I am therefore obliged to put a stop to 
further giving of the oaths lest more should refuse them, and the 
law be trampled on. For the truth of the matter I refer you to 
Captain Shadrach Walton. I must add that these persons are they 
who ^occasion all the disturbance in the province, have put every 
imaginable affront on the King's Commission and in particular upon 
myself, and have done all they can to make the people uneasy 
towards the King's government. I hope that you will confirm what 



AMERICA AND WEST INDIES. 168 

1696. 

I have done. Signed, John Usher, f p. Endorsed, Reed. 30 Nov. 
Read 7 Dec., 1696. Annexed, 

283. i. Minutes of proceedings at Newcastle, 10 September, 

1696. The Lieutenant-Governor demanded the attend- 
ance of Major William Vaughan and Mr. Richard 
Waldern, and asked if they had taken the oaths of 
allegiance according to law. They answered that if 
they had made a breach of the law they would be called 
to account by the law and not by the Lieutenant- 
Governor. George Jaffryes, justice of the peace, 
testified that he had tendered the oaths to these 
gentlemen and that they had refused it. The Lieu- 
tenant-Governor asked them whether the Association 
had been tendered to them and whether they had 
signed it. They answered that it had been tendered to 
them but that they had not signed it ; it was not to be 
commanded, and they were not going to sign among tag 
rag and bobtail. The Lieutenant-Governor thereupon 
made out an order for their suspension from the Council. 
Major Vaughan and Mr. Waldern asked for what 
reason they were suspended. The Lieutenant-Governor 
said he would report the reason to the King ; the 
matter of fact against them was that to which they had 
answered. 

Reasons for the suspension of Major Vaughan and 
Mr. Waldern from the Council. Setting forth at rather 
greater length their refusal to take the oath, as required 
by local Act, and to sign the Association as required by 

Act of Parliament. Vaughan and Waldern were both 
of the Committee of Council which drew up the bill for 
all persons to take the oath. The whole, 2J pp. 
Endorsed, Reed. 30 Nov. Read 7 Dec., 1696. [Board 
of Trade. New England. 8. Nos. 32, 32 r. ; and 
(without enclosure) 36. pp. 62-63.] 

Sept. 33. 284. Lieutenant-Governor Usher to Lords of Trade and 
Newcastle. Plantations. One Captain Samuel Mould in February last applied 
to me for a privateer's commission, which I granted to him with 
orders to bring his prizes into the port of his commission. Having 
taken several prizes, he has carried them into Boston, and on my 
demanding that he should bring them into his commission-port, he 
refused. I thereupon wrote to Lieutenant-Governor Stoughton a 
letter, of which I enclose copy. What will be done I know not ; 
but no doubt you will hear from him by this conveyance. Signed, 
John Usher. p. Endorsed, Reed. 80 Nov. Read 7 Dec., 1696. 
Annexed, 

284. i. Lieutenant-Governor Usher to Lieutenant-Governor 

Stoughton. Newcastle, 28 September, 1696. A declara- 
tion that he had issued a privateer's commission to 
Samuel Mould, who had given bond in 2,000 to bring 
his prizes to his commission-port ; that Mould had never- 
theless taken his prizes to Boston, and had refused, 
when ordered, to send them to his commission-port. 



164 COLONIAL PAPEES. 

1690. 

Lieutenant-Governor Usher therefore requests that 
the prizes may be ordered to come to New Hamp- 
shire, or that they may be received and detained 
until condemned by some lawfully established prize- 
court. Copy. %p. [Board of Trade, New England, 8. 
Nos. 33, 33 i. ; and (icitliout enclosure) 36. p. 64.] 

Sept. 30. 285. Lieutenant-Governor Usher to Lords of Trade and 
Neweis-tle. Plantations. This conies by the hand of Captain Shadrach 
Walton, who was for his loyalty put into the Council by me, but no 
sooner put in than, by the malicious instigation of some persons, 
he was prosecuted by the General Assembly as unfit to hold any 
public place because of a high misdemeanour. Being highly 
charged, I was not willing to disoblige so sage an Assembly, so 
granted a hearing, when I heard but one evidence against him, and he 
was acquitted by myself and Council. They would have had him 
tried again upon the same evidence, on which I sent a message to their 
house to serve writs and precepts for evidences, when they had no 
more to say and let it fall. He being cleared, many of the Council 
pressed me to dismiss him. I declared that I could not, but on his 
petitioning for dismission, and the Council declaring that it 
was for safety and quiet of the place, I granted it. 
He then asked to know if he was dismissed from the 
commission of the peace and the King's fort. I answered 
that no one was more fit to serve the King than he ; so 
that all this is out of malice because he is a loyal person, and the 
truth is that there is none true to the King's government like him. 
After his dismissal I advised him to go to England and lay his case 
before you, not doubting that one so loyal will meet with your 
favour. He is a man who may be trusted with the King's fort and 
stores, and I beg that 100 men may be sent here to guard that fort 
and to secure this province more firmly to the King, and that 
Captain Walton may have a commission to command them. I have 
discoursed with him about all public affairs and ordered him to 
give you an account of them. You may give credence to what he 
says. Captain Mould, who had a privateer's commission from me, 
has taken his prizes into Boston, contrary to his commission, and I 
have written to Mr. Stoughton to send them to me or detain them 
until properly condemned. I beg your attention hereto. A consider- 
able sum is due to the King for prizes, and if the King will order me 
money from the same or from some other fund I shall be thankful, 
so that I may have something for what is past and for time to come 
to support the King's Commission. I beg you to call upon Mr. 
Wallis, Mr. Newton and Mr. John Love to give you an account of 
the state of New England. My Lords, my estate is wasted for 
support of the honour of the government ; my spirit is sunk within 
me to have to do with a disloyal people that is for no king at all 
de facto. I have none to strengthen my hands ; I must see the 
the King lose a Government wherein he is most interested in these 
parts I am brought to Lord have mercy upon me. I beg that 
after four years' Algier captivity I may have deliverance. Signed, 
John Usher. 1 pp. Endorsed, Eecd. and read 9 Dec., 1696. 
A short precis is attached to tlie letter. [Board of Trade. New 
England, 8. No. 34 ; and 36. pp. 71-73.] 



AMERICA AND WEST INDIES. 165 



1696. 

Sept. 80. 286. Council of Trade to the Lords Justices of England. 
We have read the papers referred to us by your order of 20 August, 
and offer the following remarks on the state of the Northern 
Colonies of America. We find that the King has been at the 
charge of sending four companies from hence to New York and for 
maintaining them there for these many years past. We are also 
told (for we cannot yet get a sight of the accounts) that that little 
province, besides the losses sustained at sea, has by Governor 
Fletcher's account been at over ,430,000 charge in securing its 
frontier against the French and Indians. This burden being 
thought too heavy to be borne by one province, which is as it were 
the outguard of the rest, the late Queen wrote to the Governors of 
New England, Virginia, Maryland and Pennsylvania, to agree upon 
a quota of men 'to be given by each Colony for defence of New- 
York ; but by the neglect or pretences of the various Colonies no 
agreement was arrived at, and accordingly the Queen in 1691 
established the quota to be supplied by each province and gave 
orders accordingly. But these orders by reason of the distinct and 
independent governments and interests of the provinces have been 
very uncertainly and imperfectly complied with ; some provinces 
sending more, some less, in proportion of their quotas, and some 
none at all. The King has subjects enough in those parts not only 
to defend themselves against any attack of French and Indians, but 
they are so crumbled into little governments and so disunited in 
their interests that they have hitherto afforded but little assistance 
to each other and seem, as they now are, to be but in an ill 
posture and much worse disposition to do it for the future. It is 
almost incredible that the Governor of New York, in the middle of 
above 40,000 English that he has in his neighbourhood, should say, 
as he does, that he has only the companies in the King's pay that 
he can rely on for defence of the frontier in case of attack by the 
French. 

Having given the matter our best consideration we offer our 
opinion as follows : (1) There is force enough in those Colonies to 
repel all attempts made by the French and Indians, nor can it be 
imagined that so great a number of English should think it much 
to employ their own hands and purses in the defence of their estates, 
lives and families, and should expect to be wholly supported from 
England, which has spent so much blood and treasure in carrying 
on a lasting and expensive war. (2) W T e conceive that the English 
strength there cannot be used with the advantage that it ought 
unless the Colonies be united, not even though the King should 
send more forces from hence ; for if, as Governor Fletcher urges, 
the soldiers in the King's pay there be made up to full 500 men, that 
might indeed suffice to secure Albany but not the other planta- 
tions, since the French would certainly decline that fortress and 
attempt one of the other Colonies, careless of their own defence and 
not so well guarded. (3) A great part of the country having been 
granted out to proprietors, it cannot possibly be united under one 
Governor. We see no other way of uniting the forces of all those 
small plantations for the effectual preservation of the whole but 
by putting them all under one military head or Captain-General, 
which common reason as well as legal opinion maintains that 



166 COLONIAL PAPEES. 

1696. 

he can do. Here folloivs a quotation Jrom the opinion given 
in 1694 by the Attorney and Solicitor-General, that the King 
may appoint a General Commander-in-Chief of the forces 
in the Chartered Colonies. We would therefore represent 
that we cannot conceive how these provinces can be preserved 
unless the King appoint during the war some active, vigilant 
officer to be Captain-General of all his forces and all the 
militia of all the provinces, with power to levy, arm, and muster 
them, and employ them for defence under such restrictions as the 
King shall think fit, and also with power to commission officers to 
train the said forces. Since, however, the Quakers in some of the 
provinces out of mistake or. pretence of conscience refuse their 
personal aid in the case of force against their own and the King's 
enemies, it may be left to the Captain-General to accept money in 
lieu of personal service, for the payment of any men that he may find 
necessary to raise. (4) We think further that the Captain-General 
should have the power of Governor in any province immediately 
depending on the Crown so long as he remains in it. Unless this 
be done we see not how the provinces can be preserved, for since 
in their present state they do and always will refuse each other 
mutual assistance, minding more their present profit than their 
common defence, it is not conceivable how it can be avoided that 
they should fall into the power of so active an enemy as France, 
and one after another be destroyed. Massachusetts, Connecticut, 
New Hampshire, Pennsylvania, Maryland and Virginia all allege, 
in excuse for their sending no aid to New York, that they are all 
as much exposed to the enemy as she is ; and yet we do not find 
that they are in a very good posture of defence ; much less can 
they be depended on for a timely and vigorous assistance to one 
another in case of danger, unless somebody be on the place to 
compel them to it. On the other hand a vigilant General 
there, having under his eye the care of the whole, would 
always be at hand to oppose the enemy with so many of the 
forces that are nearest, which would be with greatest safety and 
least charge to those Colonies, and without any disturbance or 
expense to the remoter. This he would be enabled to do by having 
constant intelligence of the enemy's designs and motions from our 
friendly Indians, upon which consideration we would recommend 
that the Captain-General should be instructed to take all care to 
keep the Five Nations and other Indians in amity with us firm in 
friendship. For it is beyond question that the English would be 
driven from their settlements if all the Indians should be gained 
over by the French. To prevent that, and to secure them to the 
King's interest, the Cap tain -General should from time to time make 
them presents, and some of the most eminent of them should be 
entertained, and have constant pay as lieutenants or ensigns and 
be treated as the King's officers. Next, the Indians should be re- 
warded for any execution that they do upon the enemy, and the 
scalps that they bring should be well paid for. Further, some lusty, 
vigorous youths of the English should accompany them in their 
expeditions, huntings and other exercises, who by inhabiting among 
them would learn their language, grow acquainted with the woods, 
rivers and passes, and come in a little time to be able to endure their 



AMERICA AND WEST INDIES. 167 

1696. 

fatigues, all of which would be a means to familiarise them to us 
and strengthen their union with us. And to this these young men 
should be encouraged by a certain assurance of rewards and pre- 
ferment, of which they should never fail according to their deserts 
in this service. Some of the bravest or most credited of our Indians 
should (if they can be persuaded to it) be brought to England to see 
the strength of the King's forces by sea and land, and the populous- 
ness of his dominion, especially the great city of London, the cer- 
tain knowledge whereof would be of great force to confirm them in 
their union with us. Captives from the hostile Indians should also 
be brought over for the same purpose, the knowledge of the King's 
greatness and power serving as much to deter the one and to hearten 
the other. 

Lastly, effectual means should be taken for the conversion of the 
Indians to the Protestant faith, for among these, as among all men, 
religion has been found to be one of the strongest bonds of union. 
We think that the Governor and Company for propagation of the 
Gospel in New England and the parts adjacent would be very ready 
to apply their stock and revenue to this good use, when they shall 
be made to see that the conversion of the Five Nations (to which 
they have already contributed some small matter) is of the greatest 
importance imaginable for preserving those who are of the 
Protestant religion in those parts, as well as for gaining converts to 
it. These things relating to the Indians we think we may with 
confidence recommend, since they are with great care and earnest- 
ness practised for the gaining and holding of the Indians in 
Canada, where, if they go on by these means to prevail with them 
as they have done, it is to be feared that the English will not long 
be quiet and safe in the Northern Plantations. The French daily 
and with great industry extend themselves along the back of them 
and seem to have something more than bare planting in view, 
which gives us reason to add that some such effectual course should 
be taken as we have advised before it be too late. Signed, Tanker- 
ville, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill. [Board 
of Trade. Plantations General, 34. pp. 59-68.] 

Sept. 80. 287. Council of Trade to the Lords Justices of England. 
In obedience to your orders of the 3rd inst. we have consulted 
the merchants concerned in the Southern Plantation trade. Those 
trading to Barbados at first answered that their affairs were so 
uncertain that they had put off the departure of their ships from 
October till January next, and that when they had taken their 
resolution as to that fleet they would apply for convoy. But since 
then they have applied for a frigate to convoy ships at the end of 
November, though not being resolved as to the number of ships 
then to be got ready, they give us no means of offering you an 
opinion thereon. They also ask to have three frigates to convoy a 
fleet in January, and ask eighty days for loading and unloading. 
The traders to the Leeward Islands ask for the usual allowance 
of 200 seamen and say that they will be ready to sail by the end of 
December, which they allege is the fittest time for setting out, and 
not sooner, for sugars are not made there till January or February, 
and no number of ships can be certain of loading till April or May, 



168 COLONIAL PAPERS. 

1096. 

\\herefore they desire seventy days for loading and unloading. The 
Jamaica merchants represent that if their ships sail about the 10th 
of December they will arrive at the healthiest season and will find 
the crop ready for shipping, whereby their voyage will be shorter 
and safer and their return early enough to reach the northern 
markets before winter. They will also avoid the rainy season, 
which is the unhealthiest time in Jamaica and so dangerous to new- 
comers that by arriving at that time ships lose so many of their 
seamen that they are obliged to return half-manned and exposed to 
every kind of danger. 

We are therefore of opinion that the merchant-ships designed to 
the Southern Colonies should have timely notice to be all ready by 
the 81st of December, that the respective convoys, consisting of 
two ships each for the Leeward Islands and Jamaica and three 
ships for Barbados, should be punctually in the Downs ready to 
sail on that day. Beyond that day no ships should be waited for, 
but all should sail together, taking with them such other ships as 
are ready in the ports of the Channel, and keeping company so 
long as their way lies together ; but no ships should touch any 
more, when once they have passed the Channel, until they reach 
the Colonies for which they are designed. From this arrange- 
ment we expect the following advantages : (1) The trading 
ships will arrive at the most convenient season and with the 
the least possible expense of time and money. (2) The course of 
the Barbados ships being nearly the same as that of the Leeward 
Islands ships, and that of the Jamaica ships absolutely to the 
Leeward Islands, they could sail together for most part of the way, 
and the joint convoys would be strong enough to secure them from 
any ordinary attack. We think further that the convoys which 
thus steadily go every year at the prefixed time, should stay for the 
safeguard of the Colony to which they are sent until relieved by 
the next succeeding convoy, and then conduct home the returning 
merchant-ships, allowing them two months for loading and unload- 
ing with such number of additional days (not exceeding twenty in 
Barbados or fifteen elsewhere) as the Governor in Council may 
appoint. 

It having been complained to us that many ships from Jamaica 
have been lost through being undermanned owing to the impress- 
ment of their crews by the King's ships, and that other great 
abuses and injuries to the Island are also due to this same 
impressment, we think that the remedy for the same is that 
men-of-war bound to the West Indies should carry a larger comple- 
ment than usual, so as to be provided against the accidents of death 
while guarding the Islands, and that during their stay they should, 
as formerly, be under the directions of the Governors. Since most 
of the distempers that destroy seamen are due to their irregularities 
ashore, it may be presumed that the Governor will keep them cruising 
as much as possible, which will be better both for them and for the 
Island ; and we doubt not that cleanliness and order will be found 
as effectual in preserving health in the King's as in other ships. It 
is no new thing to place the men-of-war under the orders of the 
Governors, but it was the rule in former reigns, and we think we 
should be wanting in our duty if we failed to recommend a return 



AMERICA AND WEST INDIES. 169 

1696. 

to this practice. That the men-of-war may not be crippled by want 
of hands we recommend that instructions be sent to the Governors, 
upon any considerable loss of men in the King's ships, to supply 
their place by pressing, or otherwise or to give the Captains authority 
to press. It would be an advantage that a copy of so much of the 
Commodore's instructions as to the conduct of merchant-ships 
should be communicated by him to the masters in writing. Sii/ned, 
Tankerville, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill. 
[Hoard of Trade. Plantations General, 84. pp. 71-76.] 

Sept. 30. 288. Journal of Council of Trade and Plantations. The 
Secretary reported that no stores of war had been sent to New York. 
The representation as to the Northern Colonies and as to convoys 
was agreed to. 

Oct. 1. Sir William Beeston's letter of 8 April read. Order for an 

answer to be drafted. Petition of Ralph Lane read. The repre- 
sentations read yesterday were signed. Governor Coclrington's 
letters read on the 21st August were again read, and an answer 
ordered to be prepared. 

Oct. 2. The Jamaica merchants gave in certain depositions by persons 

wrongly impressed in Jamaica, and made further complaints on the 
same subject, and 011 the removal of the King's ships from the 
Governor's authority, all of which they promised to put into 
writing. Draft letter to Sir W. Beeston approved. [Board of 
Trade. Journal, 9. pp. 149-153.] 

Oct. 1. 289. Minutes of Council and Assembly of Antigua. The 

Assembly sent up an Act obliging the Secretary and Marshal to 
give security, which was returned, and again sent up by the 
Assembly with a further request for an answer to their accusation 
against John Palmer. Mr. Palmer delivered in a remonstrance of 
great length in defence against the charges imputed to him. 
[Board of Trade. Leeward Islands, 64. pp. 183-186.] 

Oct. 1. 290. Minutes of Council of Virginia. Order for the Jamaica 

ships captured by the French and since surrendered by them in 
Virginia to remain in custody of Colonel Edmund Jenings, and for 
the Attorney-General to report on the whole matter. Order for a 
new sloop to be taken up for the preventing of illegal trade, the old 
one being unfit for further service. [Board of Trade. Virginia, 53. 
pp. 40-41.] 

Oct. 2. 291. Minutes of General Assembly of Virginia. Message 
from the Burgesses desiring a conference with the Council as to the 
securing of warlike stores on the frontiers, by sea and land, and the 
general defence of the Country. Three conferrers appointed accord- 
ingly. [Board of Trade. Virginia, 52. pp. 16-17.] 

Oct. 2. 29.2. Council of Trade and Plantations to Governor Sir 
Whitehall. William Beeston. The King has appointed us to take charge of the 
trade and plantations of the Kingdom. You will give us full 
information of all that passes in your Government and send us the 
documents formerly ordered. We have received yours of 8 April, 
and have laid before the King the hardships of the Commanders in 
pressing seamen. The Acts from 4 March to 1 August, 1695, are 



170 



COLONIAL PAPERS. 



1696. 

under consideration. The five new Councillors recommended by 
you had been appointed before we took office. You will send us a 
complete list of the Council and of persons fit to fill vacancies therein. 
You will inform us how far your population has decreased of late 
years and for what reason. What instructions do you recommend 
to prevent the irregularities which endanger the health of seamen. 
Take care to procure every information as to the enemy at His- 
paniola. Signed, J. Somers, Tankerville, Wm. Trumbull, Ph. 
Meadows, Jiio. Pollexfen, Jno. Locke, Abr. Hill. [Board of Trade. 
Jamaica, 56. pp. 9-12.] 

[Oct. 2.] 293. Copy of the Royal Instructions to Governor Sir William 
Beestoii, forbidding him to interfere in any way with the discipline 
of the King's ships or to suspend, place or displace officers. Copy 
of an extract from the Admiralty's letter to the same effect. 
Certified by Gilbert Heatlicote. 1 p. Endorsed, Delivered to the 
Board by Mr. Heathcote. 2 Oct., 1696. [Board of Trade. 
Jamaica, 8. No. 21 ; and 56. pp. 12-13.] 

Oct. 5. 294. Lieutenant Governor Usher to Lords of Trade and 
Newcastle. Plantations. This comes by the hands of Mr. Thomas Newton, a 
gentleman who while in these parts has travelled through and 
observed the King's Governments here. He is a person of great 
honour, and all credence may be given him for his narrative ; he is 
also a person of great loyalty and a sober churchman, which is enough 
to make him obnoxious in these parts. I know of no one who will 
give you a true and partial (sic) account of the whole country better 
than he. I am of opinion that if the King would send a Viceroy over 
all, though several Governments may have Governors, as in several 
places in England, it would be for the King's service. If he be not 
pleased to settle these parts speedily that they may be more firm 
to the Crown, by sending five or six hundred men, his Government 
will be lost by reason of division. I beg you to receive accounts 
from Mr. Newton and Captain Shadrach Walton as to this province, 
and if anything should be charged against me I beg that the persons 
charging me may attend you until my answer be returned. I 
am ready to give an account of my stewardship and of my preserving 
the King's Government against all who have designed to invade 
and to subvert it. Signed, John Usher. 1 p. Endorsed, Reed, 
and read 9 Dec., 1696. A short precis is attached to the letter. 
[Board of Trade. New England, 8. No. 35 ; and 36. pp. 73-74.] 

Oct. 5. 295. William Popple to the Attorney and Solicitor General. 
Whitehall. Forwarding them certain Acts of Barbados for their opinion, with 
particular reference to a private Act concerning Philip Kirton. 
[Board of Trade. Barbados, 44A. p. 7.] 

[Oct. 5.] 296. List of Acts passed in Barbados, from 9 October, 1694, 
to 1 July, 1696, twenty-seven in all, sent with the preceding letter. 
2^- pp. Endorsed, Sent to the Attorney and Solicitor General, 
5 Oct., 1696. [Board of Trade. Barbados, 7. No. 14 and 44x. 
pp. 7-9.] 

Oct. 5. 297. Journal of Council of Trade and Plantations. The 
Secretary reported that no letters for the late Committeee had been 



AMERICA AND WEST INDIES. 171 

1696. 

received from Barbados, apparently through the negligence of the 
ship's master. Representation as to New York agreed to. 

Oct. 6. Mr. Randolph's discourse as to Virginia was read. (See No. 176) 

Oct. 7. Letter to Sir William Beeston signed. Depositions of persons 
wrongfully impressed read. Several gentlemen appeared, to desire 
the Board's consideration of Sir Matthew Dudley's proposals as to 
mines and Naval stores. 

Oct. 8. Domestic trade was considered. 

Oct. 9. Sir Henry Ashurst attended with his instructions to the persons 
about to proceed to America to report as to Naval stores, and a 
representation thereon was agreed to. [Board of Trade. Journal, 9. 
pp. 154-165.] 

Oct. 5. 298. Minutes of Council of Maryland. Order for strict 
enquiry into the circumstances of the death of Thomas Salmon, 
late master of a ship now lying in Choptank River. 

Oct. 6. The petition of Thomas Jones respecting the condemnation of 
his ship was on the Attorney-General's advice rejected. Order for 
all the ships lying in the bay to meet at the mouth of Patuxent 
River, and all the ships up the Potomac to meet at the mouth of 
St. Maries River, thence to sail to join the Virginia fleet to England. 

Oct. 7. A letter from President Francis Bond was read, reporting the 
death of Governor Russell of Barbados. 

Oct. 8. Order for Andrew Geddes, a schoolmaster sent out by the Bishop 
of London, to be admitted by the vestry of All Saints' parish, 
Calvert County, to officiate as reader till further order, receiving 
10,000 Ibs. of tobacco per annum. Two justices of Prince George's 
County attended to answer for their neglect in making their list 
of taxables, and were dismissed with a caution not so to offend 
again. 

Oct. 9. Four more justices of Prince George's County appeared to 
answer for the same neglect, and on begging pardon were likewise 
dismissed with a caution. Another of the justices, not making his 
appearance, was dismissed from the authority of a justice of the 
peace. Orders for certain payments. 

Oct. 10. The justices and lawyers of the Provincial Court attended, when 
it was decided to hold another Court in December. Order for 
punctual despatch and completion of all legal business, and that 
the five councillors that live nearest to Annapolis shall meet in 
December next. Order for a seal for Prince George's County, and 
that the County Court Clerks make return of their county-levies 
and vestry proceedings in December. Order for publication of the 
King's Order in Council of 13 February, 1696, respecting the Land 
Office. Order for Anthony Drew to appear in December to answer 
for saying that it was treason to draw up a company of soldiers 
without a commission. Philips Hoskins added to the Provincial 
Commission. Order for Thomas Tench to be admitted to Council 
in December, when he has finished Colonel Copley's business. 
Order for the vestries to see to the disposal of the 40 Ibs. poll-tax 
as already ordered before. A report from the Rangers, giving an 
account of the roads and cabins made by them, read. [Board oj 
Trade. Maryland, 18. pp. 165-176.] 



172 COLONIAL PAPERS. 



1696. 

Oct. 5. 299. Minutes of General Assembly of Virginia. There were 
received from the Burgesses bills to repeal the prohibition to plant 
tobacco, to alter the Court days in Accomack County, to reward 
Indians for killing of wolves, to ascertain the value of current 
money. -Address of the Burgesses asking that no more than 
400 acres of land be granted to any one person of the land south of 
the Blackwater. 

Oct. 7. Message to the Assembly, promising all due regard to their 
address as to land on the Blackwater. The four bills received on 
the 5th were read a first time. The Conferrers of the Council 
reported that those from the Burgesses were not well satisfied with 
the Governor's desires concerning the frontiers. 

Oct. 8. The four bills read yesterday were read a second time. 

Oct. 9. The throe first of the four bills were passed with amendments. 
Bills for punishment of fornication and several other sins, for 
dividing King and Queen County and for maintenance of the clergy, 
received and read a first time. 

Oct. 10. The Governor laid before Council a bill prepared by Mr. Blair to 
facilitate the payment of donations to the College, which being 
considered was found irregular ; whereupon further discussion was 
postponed for the appearance of Mr. Benjamin Harrison, who drew 
the bill. The three bills received yesterday were read a second 
time. Bills to fix the place of York County Court and to ascertain 
the size of casks were received from the Burgesses. The bills as 
to killing of wolves and to remove prohibition of tobacco-planting 
were returned by the Burgesses with the amendments agreed to. 
[Board of Trade. Virginia, 52. pp. 17-21.] 

Oct. 6. 300. William Popple to Edward Randolph. With reference 
to your representation (set A'o. 176) I am ordered to propose 
to you the following queries : (1) What proportion of land in 
Virginia already taken up is now cultivated, as near as you can 
judge ? (2) Why have not the prosecutions, neglected in Colonel 
Nicholson's time, been continued since ? (8) Who has authority 
in Virginia to compound for the King's quit-rents ? (4) Have any 
parcels of land been seized for the King's use, for want of planting 
or failure to pay quit-rents ? (5) Are negro servants included in 
the persons who, if imported, make "rights" to grant of land. 
(6) What are the methods of survey ? (7) Have you ever known 
of false certificates of rights, and how have the parties guilty 
thereof been punished ? (8) Of what extent are the counties, and 
are they of equal bigness or not '? (9) Explain your proposal that 
no more than 500 acres should be granted to one man. (10) If 
your methods be followed, in what county should a beginning be 
made? [Board of Trade. Virginia, 87. p. 24.] 

Oct. 6. 301. Minutes of Council of Barbados. Petition of the owners 
of a sloop, hired by the Government for the Martinique expedition, 
for payment of her hire rejected. A similar petition was 
recommended to the Assembly. 

Oct. 7. An Escheator-General and a Clerk of the Crown appointed. 
Order for the President and five of the Council to hold Courts of 
Admiralty. Order for payments. Bills for decision of controverted 
elections and for encouraging trade received from the Assembly. 



AMERICA AND WEST INDIES. 173 

1696. 

On news of a French man-of-war lying off the Island, ordered that 
forty soldiers of the King's regiment be put on board H.M.S. 
Newcastle, which with a sloop shall go in chase of her. On news 
of a privateer near the Island Colonel Salter and others offered to 
take a brigantine and fight her, which offer was accepted. 
Oct. 8. Several petitions for payments received. [Board of Trade. 
Barbados, 65. pp. 146-149.] 

Oct. 7. 302. Governor Codrington to Council of Trade and Planta- 
Antigua. tions. The Hastings being not yet sailed, I must inform you that, 
according to news received from a brigantine which arrived here 
from New York two days ago after three weeks' passage, there are 
but seven French men-of-war at Petit Guavos, that they have taken 
five of our ships homeward bound from Jamaica, but parted from 
them- in a violent hurricane, whereby two of the captured ships 
were driven one into New York and the other into Virginia, where 
they surrendered. They believe that if the rest of the fleet and 
prizes met with the same storm, they must inevitably be lost. Tho 
fleet said to be expected at Canada are but two ships of war, which 
are now arrived there, and the Governor of New England has sent 
ships in pursuit of them. I have no further intelligence. Nir/ned, 
Chr. Codrington. 1J pp. Endorsed, Reed, and read 5 Feb. Answd. 
12 Feb. 1696-7. [Board of Trade. Leeward Islands, 5. \o. 12; 
and 45. p. 50.] 

Oct. 8. 303. Lieutenant Governor Usher to Lords of Trade and 
Newcastle, Plantations. I enclose proceedings against several persons, which 
will shew you what posture we are in. I wish the Country will not 
make a total subversion of the King's Government. My life not 
being safe among them I shall go to Boston till the King's pleasure 
be known, and my hands strengthened by the despatch of 100 men, 
which I hope may speedily be sent. To secure the prisoners I am 
forced to keep twenty men and pay them daily out of my own 
estate. By the proceedings you will see what must be expected 
here. J p. Inscribed, a list of Enclosures. Endowed, Reed. 
80 Nov., read 8 Dec., 1696. Annexed, 

303. i. Record of a Special Court held at Portsmouth, 
6 Oct., 1696. Richard Olliver and Robert Jordan were 
indicted for openly resisting and refusing to obey their 
superior officers, and Andrew Cranch for openly declar- 
ing that he would go to the King's fort and hoist the 
King's colours. The occasion of the offence was on 
.Captain Walton's announcing to his Company of Militia 
that he was resigning his commission and that his 
lieutenant would succeed him in command. Olliver 
then declared he would obey no commission and Cranch 
used the words attributed to him. Jordan was acquitted, 
the two others found guilty. Olliver was sentenced to 
a fine of 6, to give bond for good behaviour for twelve 
months, and to acknowledge his fault at the head of the 
Company. Cranch was, fined five pounds, the rest of 
his sentence being the same as Olliver's. Both prisoners 
were told that they were fortunate in that the Lieutenant 



174 COLONIAL PAPERS. 

1696. 

Governor had tried them in a Civil Court instead of by 
Court Martial. Copi/. H pp. Kndoraed, Reed. 30 Nov., 
Bead 7 Dec., 1696. '[Board of Trade. New England, 8. 
Nos. 36, 36 1. ; and (without enclosure) 36. p. 32.] 

Oct. 8. 304. Minutes of Council of Massachusetts. Order for the 
Council to be summoned to appoint Justices of the Courts and 
other officers, the Assembly having revived the Act for establishing 
judicatories. Leave granted to Francis Foxcroft to ship thirty 
barrels of flour to the West Indies. Petition of Martha Holland 
for divorce from her husband granted. [Board of Trade. New 
England, 49. pp. 50-51.] 

Oct. 8. 305. Minutes of Assembly of Nevis. The articles justifying 
the Address to the Governor, and the letter to the Agents, were 
read and approved. {Board of Trade. Leeward Islands, 64. 
p. 389.] 

Oct. 8. 306. Minutes of Council of Virginia. The address of the 
clergy further considered and decision deferred. A list of the 
Naval Officers and Collectors was laid before the Council for con- 
sideration. Order for a Commission to be prepared for John 
Broadbent and his ship to act for the prevention of illegal trade. 

Oct. 9. The Attorney General presented his report as to the captured 
Jamaica ships since surrendered by the French, and the matter was 
deferred for further consideration. A complaint against the vestry 
of Fairfield parish, Northumberland County, was referred to them 
for answer. [Board of Trade. Virginia, 53. pp. 41-44.] 

Oct. 10. 307. Minutes of Council of Massachusetts. Order for a 
Commission to be issued for trial of four Indians for murder of a 
man belonging to the town of Hadley. [Board of Trade. New 
England, 49. pp. 51-52.] 

Oct. 10. 308. Governor Codrington to Council of Trade and Planta- 
Antigua. tions. On the 1st of July last I received information from one 
Edward Walrond against John Palmer, one of the Council and 
General Secretary for these Islands, for several words spoken in 
defamation of the Government and of the late Queen Mary. I 
summoned Palmer from Nevis to answer the information, and on the 
3rd of September he did so before the Council, who came to the reso- 
lution herewith enclosed. The discourses alleged against Mr. Palmer 
were spoken some years ago and never came to my ears until the 
day above mentioned, nor have I ever perceived anything proceed- 
ing from him in Council to the least defamation of the Queen or 
Government, or I should have used my authority to punish him. 
I must add that Mr. Walrond is a man of good repute and well 
affected to the Government, and had no by-ends in view unless to 
prevent an action of defamation of Mr. Palmer against him, as he, 
Walrond, has often mentioned to some persons what he now brings 
forward as an information. This is the first trouble that I have had 
of the kind, being bold to say that no people are so well satisfied 
with the present Government as the inhabitants of these Islands. 
Signed, Chr. Codrington. 1 pp. Endorsed, Reed, and read, 
5 Feb. Answd. 12 Feb., 1696-7. Annexed, 



AMERICA AND WEST INDIES. 



175 



1696. 



Leeward Islands, 5. 



Oct. 10. 



Oct. 12. 



308. i. Resolution of the Council of the Leeward Islands. 
On hearing the accusation against John Palmer and his 
reply thereto, and the evidence of Edward Walrond, we 
are of opinion that Palmer is guilty of a grave mis- 
demeanour and ought to be suspended the Council, but 
that since the King appointed him to the said Council, 
it is requisite that he be continued therein, and that 
information be sent to the Council of Trade and 
Plantations for the King's further directions therein. 
Copy. % j>. [Board of Trade. 
Nos. 18, 13 1, and 45. pp. 51-53.] 

309. Abstracts of Governor Codrington's letters of 2 and 30 
September, and of 7 and 10 October, 1696. 2J pp. Endorsed, 
Read, 5 Feb., 1696-7. [Board of Trade. Leeward Islands, 5. .Vo. 14.] 

310. Minutes of Council of Maryland. Proclamation of the 
Order in Council of 18 February, 1696, as to patents for land, and 
a subordinate order issued thereupon. William Dent and Henry 
Denton received their Commissions and gave their bonds as Naval 
officers, (pp. 174-175.) Order to warn grand jurors from the 
Eastern shore that, if they be met by bad weather on starting for 
the Court in December, they may turn back, as their places will be 
filled from other counties. The Naval officers and Receivers swore 
to their accounts. Order for certain payments. List of arms and 
ammunition to be sent for. (pp. 176-179.) [Board of Trade. 
Maryland, 13. pp. as cited.] 



of Council of Maryland, 
[America and Went Indies. 



[Oct. 12.] 311. Duplicate copy of Minutes 
from 16 September to 12 October, 1696. 
557. No. 20.] 

Oct. 12. 312. William Popple to Governor Nicholson. Forwarding 
Whitehall, the letter of the Council of Trade of 25 September, with other 

letters to be forwarded to the Governor of Virginia and New York. 

[Board of Trade. Maryland, 9. p. 24.] 

Oct. 12. 313. William Popple to the Postmasters-General. Forward- 
Whitehall, ing packets for Maryland and Jamaica, with directions that originals 

and duplicates shall not be sent by the same ship. [Board of 

Trade. Plantations General, 34. pp. 76-77.] 

Oct. 12. 314. Journal of Council of Trade and Plantations. Domestic 
trade was under consideration. The representations as to New York, 
and as to Sir H. Ashurst's instructions were read and agreed to. 

Oct. 13. The representations aforesaid were signed. [Board of Trade. 
Journal, 9. pp. 165-177.] 

Oct. 12. 315. Minutes of General Assembly of Virginia. Four bills 
received from the Burgesses, to impose penalties on non-appearance 
of witnesses, to declare how long judgments shall be pleadable, for 
alteration of inconvenient roads, for fixing damages 011 appeals. 

Oct. 13. The four bills received yesterday were read a first time, also the 
bills to fix a place for York County Court, and for ascertaining the 
gauge of casks. Mr. Blair's paper as to the College again read and 
deferred for future consideration. The bills to divide King and 



176 COLONIAL PAPERS. 

1696. 

Queen County and to ascertain the value of current money were 
rejected. The bills to repeal the prohibition of tobacco-planting, 
and to give rewards for killing wolves were returned by the 
Burgesses, with the Council's amendments agreed to. 

Oct. 14. Mr. Blair withdrew his paper as to the College by permission. 
Leave was given to two of the trustees to bring in a bill to facilitate 
the payment of the donations already made to the College. 

Oct. 15. The Bills to fix a place for York County Court, to ascertain the 
gauge of casks, to impose penalties for non-appearance of witnesses, 
to declare how long judgments shall be pleadable, to alter incon- 
venient roads, and to ascertain damages on appeals, were read a 
second time. The Bill as to donations to the College was brought 
in and read a first time. Bills to prevent clandestine marriages, 
to ascertain the proof of letters of Attorney, for erecting pounds 
in Accomack and Northampton Counties, and for the better supply 
of the country with arms and ammunition. 

Oct. 16. The four bills last named were read a first time. The bills for 
punishment of various offences, for support of the clergy, and for 
York County Court were passed with amendments. Bill as to 
donations to the College read a second time. Bill to ascertain the 
gauge of casks read a third time and several amendments ordered. 

Oct. 17. The bills to ascertain gauge of casks, for imposing penalties on 
non-appearance of witnesses, to declare how long judgments shall 
be pleadable, to alter inconvenient roads, and to ascertain damages 
on appeals, read a third time and agreed to, with amendments. 
The bill to punish various offences was returned by the Burgesses 
with the Council's amendments accepted. The bills as to clandes- 
tine marriages, as to letters of Attorney, as to building of pounds, 
and as to supply of arms and ammunition, were read a second time. 
Bill as to donations to the College deferred, the Commissary not 
having shewn the briefs or charter, as desired. Bills to appoint 
rangers and to prevent Maryland Indians from hunting in Virginia 
received from the Burgesses. At the request of the Burgesses it 
was agreed to hold a conference on the bill for the support of the 
clergy. [Board of Trade. Virginia, 52. pp. 21-27.] 

Oct. 13. 316. Minutes of Council of Barbados. Order for a proclama- 
tion that all small boats be secured at night, and that guards be 
appointed by the Colonels of Militia every night. Three Colonels 
took the oaths appointed by the articles of war. Order for Captain 
George Dew to be reimbursed for provisions expended in the 
country's service. Order for victualling a vessel which is going 
express to Governor Codrington. Order for all the field-officers to 
taken the oath of fidelity according to the articles of war. 

Oct. 14. Ordered that on emergency the President shall issue orders to 
the ships of war and land-forces. The purport of the letter to 
Governor Codrington considered, and agreement made with the 
sloop that carries the letters to him. {Board of Trade. Barbados, 
65. pp. 149-151.] 

Oct. 14. 317. Lords of Trade and Plantations to the King. We would 

Whitehall, recommend that the four hundred light Dutch fusees, requested by 

Governor Fletcher for the Indians, should be sent to him. As to 

his request for an annual supply of stores of war, we do not find 



AMERICA AND WEST INDIES. 177 

1696. 

that those requested by him in May, 1695, have been sent ; and the 
Agents for New York could give us no information as to the state 
of the stores when they left the province, as they were captured by 
the French in their passage. Yet we think that the stores should be 
sent, so that, whatever happen, the province be not left destitute of 
them. Mr. Brooke confirms Governor Fletcher's report as to 
H.M.S. Richmond. We think that, as he suggests, a quick sailer 
should be sent in her place, so as to arrive at the beginning of 
March. She should be made part of a convoy on the voyage out, 
she should stay at New York until the beginning of the next winter, 
she should then convoy ships from America to the West Indies 
and stay at Barbados or Jamaica, and she should then return as 
additional convoy to the West Indian trade to England. Mean- 
while, on her leaving New York, another ship should be sent to take 
her place, and so annually. Thus the ships for guard of New York 
and the neighbouring Colonies will not be laid up for the winter as 
heretofore but will serve as convoy, as above described. We think 
that Governor Fletcher should be encouraged to pursue his present 
method of keeping his companies full, until recruits be sent from 
hence or further orders be issued by your Majesty. To check 
desertion we recommend that all the provinces should be ordered 
to pass effectual laws against the receiving and harbouring of 
deserters. We recommend also that Mr. Caleb Heathcote be con- 
firmed in the Council and that Colonel Fletcher be instructed to fill 
up the vacancy therein. The punctual payment of the companies 
in New York we submit, together with all the rest, to your Majesty's 
great wisdom. Sitjned, Will. Trumbull, Ph. Meadows, Wm. 
Blathwayt, John Pollexfen, John Locke, Abr. Hill. [Board of Trade. 
New York 52. pp. 28-33.] 

Oct. 14. 318. Council of Trade and Plantations to the King. In the 
matter of the instructions proposed by the Admiralty and by Sir 
Henry Ashurst for the Commissioners appointed to report as to 
Naval stores in New England, we make the following suggestions. 
It would be well for the Commissioners to view the large tracts 
covered with woods along the sea coast north-eastward from Massa- 
chusetts to Nova Scotia, so far as they can, and report as to their 
nature and as to the forts and Colonies that it might be expedient 
to settle there. Sir Henry Ashurst's instructions lay down that no 
specimens shall be bought or sent home but by the joint consent of 
all the Commissioners. We think it better that if there be any 
difference of opinion between the Commissioners nominated by the 
Admiralty and by Sir Henry Ashurst, each side should have liberty 
to bring over different specimens. We think also that the Com- 
missioners should be empowered to ascertain the willingness of 
people to contract for supply of naval stores, and that they should 
freely communicate such knowledge as they possess or acquire to 
all persons who are qualified to make use of it. Each of the two 
parties of Commissioners should possess copies of the instructions 
given to the other. In case of the death of one or both of Sir 
Henry Ashurst's Commissioners, the Government of New England 
should appoint a successor ; in the same event to one of the 

28181 - M 



178 COLONIAL PAPERS. 

1696. 

Admiralty's Commissioners, all power should he vested in the sur- 
vivor. Sir Henry Ashurst's instruction sis to shipbuilding seems 
foreign to the present enquiry. The stipulations as to the cost of 
the undertaking we leave to the consideration of the Treasury. 
Signed, Ph. Meadows, Wm. Blathwayt, John Pollexfen, John 
Locke, Abr. Hill. Here follow s copy of the last clause of the 
Massachusetts Charter, renewing the King's right to timber for 
the Nary. [Board of Trade. New England, 36. pp. 43-47.] 

Oct. 14. 319. Minutes of Council of Virginia. The Governor being 
told of delays in the College business, Mr. Commissary Blair's bill 
as to the donations having been delayed until now, was extremely 
concerned, since it is misrepresented at home that the clergy in 
Virginia were not only slighted but oppressed. The Council 
acquitted the Governor of all blame in the matter. Mr. Blair 
objected to the Governor's expressions as unwarrantably harsh. 
The Governor shewed a letter from the Bishop of London con- 
taining the same, and containing further some sentences from the 
same saying that the Act for securing a maintenance to the clergy 
was prevented by the last Assembly, which carried the Act to the 
Council, when it was dropped. That Assembly was dissolved, and 
the present, which lias refused the King's command, is continued. 
The Council, with the exception of Mr. Blair, unanimously agreed 
that the clergy had never been so well cared for as during the 
Governor's time, ever since they can remember, and that the 
Governor has always shewn his readiness to assist them in every 
way. As to the law alleged to be made in favour of the ministers, 
it never entered into the Council's thoughts to pick it out singly 
during the revision of the laws, but this was condescended to by the 
Burgesses. Order for summoning the churchwarden of Denbigh 
to answer for neglecting to communicate the Order in Council of 
13 February last to the vestry. [Board of Trade. Virginia, 53. 
pp. 44-46.] * 

Oct. 15. 320. Minutes of Council of Nevis. The Address of con- 
gratulation to the King on his deliverance from the conspiracy 
against him was unanimously signed. [Board of Trade. Leeward 
Islands, 64. pp. 390-391.] 

Oct. 15. 321. Minutes of Council of Massachusetts. Order for pay- 
ment of .50 to Increase Mather for last year's service as President 
of Harvard College, also for payment- of t60 4s. Od. to Secretary 
Addington on account of fees. 

Oct. 16. The Justices of the inferior Courts of the several Counties were 
nominated (full list given), and other officers of justice appointed. 
Samuel Sewall, Peter Serjeant and John Walley appointed to take 
care of the French prisoners, late of the garrison of St. Johns. 
[Board of Trade. New England, 49. pp. 52-55.] 

Oct. 16. 322. Minutes of Council of Virginia. Order for a Committee 
to report as to the expediency of appointing an officer to attend the 
General Court, a duty hitherto done by the sheriff of James City 
and his officers, for uncertain payment. The Attorney-General's 
report on the Jamaica ships referred to Richard Lee and Charles 
Scarburgh. [Board of Trade. Virginia, 53. pp. 46-47.] 



AMEKICA AND WEST INDIES. 179 

1C9G. 

Oct. 16. 323. Journal of Council of Trade and Plantations. The 
Jamaica merchants presented a paper signed by several of their 
body. (Sea next abstract.) They added many complaints of arbitrary 
pressing and about the encouragement of piracy in North America, 
and named one Flavell, of Bristol, who made it his business to ply 
between Jamaica and Carolina enticing men to piracy. [Board oj 
Trade. Journal, 9. pp. 177-179.] 

Oct. 16. 324. Considerations offered by the Agents for Jamaica and 
the merchants trading thereto, to the Council of Trade and Planta- 
tions. (1) The trade of Jamaica is of great advantage to the 
Kingdom and its preservation of great consequence, but ('2) it has 
been under great discouragements of late, and unless some remedy 
be taken it will be lost. As to (1) it is plain to demonstration that 
more bullion is .yearly imported from Jamaica than from all the 
other Colonies. Hence the loas of the Island would probably mean 
the loss of all the English interest in the West Indies. The trade 
of the Spanish West Indies would be wholly engrossed by the 
possessors of that place, and if the French had it, in addition to 
their other possessions, they might with a littles assistance from 
home easily become masters of the mines of Mexico and Peru. As 
to (2) the advantage of the place will invite the French to have 
their eye on it, who since the late attempt upon Hispaniola have 
greatly strengthened their plantations there by removing thither 
the inhabitants of Santa Cruz and other Islands. Revenge will 
also spur them on to the undertaking. Next, the population of 
Jamaica is much lessened by the earthquake and the mortality that 
followed it, and by the voluntary removal of people owing to the 
unwarrantable proceedings of the captains of the King's ships in 
impressing the inhabitants, contrary to the Governor's express 
directions. This ill-usage has driven the sea-faring men. to various 
other places, even to Petit Guavos, where they have taken part 
against us, while many have turned pirates, so that of 1,200 
sailors that were in Jamaica four years ago there remain not above 
300. Again there has been much mortality and discouragement 
owing to ill-timing and mismanagement in the despatch of recruits 
and supplies. The months of May, June, July, August and 
September are unhealthy to new comers, the months from November 
to March are constantly healthy; April and October are healthy or 
not according as the rains begin early or continue late. It is known 
to all observers that ten newcomers die out of a ship arriving between 
May and September to one that dies of a ship arriving between 
November and March. Most of our late fleets and succours have 
unhappily arrived in the heat of the summer, whose deaths have 
brought great disreputation upon the place in point of health. We 
propose therefore that the Jamaica fleet should be at Gravesend 
ready to sail by the 20th of December at latest and shall sail after 
that by the first fair wind, without waiting for the ships that are 
not ready. They will then arrive at a healthy season, the crops will 
be ready for shipment, the ships will return at a season when they 
will be able to keep company with their convoy, and they will 
arrive in time to get to the northern markets before winter; 
whereas our late fleets by sailing hence and arriving at Jamaica 



180 COLONIAL PAPERS. 

1696. 

at unseasonable times have lost two-thirds of their men, and being 
undermanned have been lost in various ways on the homeward 
voyage. This course will prevent long continuance of seamen at 
Jamaica, but more care may be taken of them during their stay 
than heretofore. We would propose that all the men on the King's 
ships be fed during their stay in these parts with fresh provisions. 
This may be done (and the Island will undertake it) for the King's 
usual allowance of bread and beer, and sixpence a head per day 
(which is the cost to the King of salt provisions), that is to say on 
three days a week they may have fresh beef, turtle, etc., and on the 
other days, pease, pulp, plaintains and other wholesome food. But 
this cannot be done unless a competent person be appointed as 
Commissary of Provisions, who might also act as Commissary of 
Musters. And further, as to the matter of diet, we beg that pursers 
may be restrained from supplying the seamen with rum and strong 
waters. The pursers, for an unreasonable gain, supply the men 
upon tick with rum, whereof they make punch, wherewith being 
heated they expose themselves to the night-dews which in that part 
of the world are generally fatal. But one of the most fatal mischiefs 
under which we labour is the disorderly behaviour of the captains 
and officers of the men-of-war, who were intended for our safety, 
but whose irregular proceedings, if not speedily checked, will make 
the Island desolate. Not only do they impress the inhabitants, 
but they behave as if they were in no sort subjects accountable 
to the Government. Their irregularities we attribute greatly to the 
restriction of the Governor's authority by an instruction procured by 
the late Commodore Wilmot, though whose action, without concert 
with those in Jamaica, the failure of the late expedition was princi- 
pally due. By that instruction the Governor is forbidden to inter- 
meddle with the discipline of the King's ships, either by placing and 
displacing the officers or by calling them to account for misconduct 
however heinous. So if a captain of a man-of-war commits robbery 
or murder and gets on board his ship before he is apprehended, 
there is no room for the prosecution of his crime. He is supposed 
to be beyond the power of the Civil Magistrate so long as he remains 
on board his ship, where no Admiralty warrant can reach him, nor 
can he be punished in England for any crime committed in the 
Colonies. Many notorious instances of the abuse of this privilege 
by officers can be adduced. Captain Fletcher of the Hampshire 
was guilty of such misconduct that the Council unanimously advised 
the Governor to send him home a prisoner, but the Governor durst 
not act against the Royal Instruction. Commodore Wilmot went 
so far as to insist that the Governor should come on board his ship 
to hold a council of war, and refused for a time to attend it if held 
elsewhere. Great mischief will follow on such division of jurisdic- 
tion, and the disorderly behaviour of those officers can only be 
checked by putting them, as formerly, under the command of the 
Governor and forbidding them to press but by the Governor's 
warrant. We also propose that it be an instruction to officers not 
to lie too long in harbour for the sake of the crew's health, and that 
no commander shall take a man off the Island without the Gov- 
ernor's licence first obtained, under penalty. We would suggest 
that three, or at least two, ships shall be allowed as convoy to the 



AMERICA AND WEST INDIES. 181 

1696. 

fleet, and that for supply of men to the ships that guard the Island 
five men (to be drawn from the King's fleet here) shall be carried 
in each vessel of the Jamaica fleet. These will be supernumeraries, 
but the Captains will accept their labour in payment for their 
passage, and on arrival will deliver them to the men-of-war. Lastly, 
to re-people this depopulated Island, we beg for the King's order 
that such persons as are ready to go to Jamaica shall be transported 
on board men-of-war with an allowance of ,& per head, and that on 
landing in Jamaica they shall be free to settle and employ them- 
selves as they think fit. Signed, Gilbert Heathcote, and by twenty- 
three more. 5 pp. Endorsed, 16 Oct., 1696. [Board of Trade. 
Jamaica, 8. No. 22; and 56. pp. 13-21.] 

Oct. 17. 325. Governor Sir William Beeston to the Duke of Shrews- 
Jamaica, bury. I send duplicates of my last, which were sent by a small 
vessel without any company. Since then some Englishmen have 
arrived who were taken by the French off Havana, and had a small 
boat given to them to come hither. They tell me the French were 
but seven ships of war, the biggest of them of seventy guns, six 
privateers and two small tenders. They took several prizes, but 
lost so many men by sickness that Mons. Renault took thirty men 
out of each privateer, and about the 10th of August sailed through 
the Gulf of Florida for France, where they must be arrived before 
now. They report too that the Hope, which was captured from 
England, was not there, and that the reason for the hasty departure 
from the coast of Havana (besides sickness) was an account received 
from Mons. de Casse, that the English and Dutch with a consider- 
able squadron were daily expected in search of them. I believe 
these reports to be true, for all the men agree in them. Other news 
we have none, nor anything from England since the Southampton 
came in with the fleet in May. The sailors newly come are many 
of them dead by contriving to arrive here in the hot and sickly 
months, but the Island is healthy enough. Signed, Wni. Beeston. 
Holograph, 1 p. Endorsed, Transmitted to the Board by Mr. Yemen, 
25 Feb., 1696-7, Read 1 March. [Board <;/ Trad-e. Jamaica, 8. 
No. 23 ; and 56. pp. 77-78.] 

Oct. 19. 326. Journal of Council of Trade and Plantations. Order 
for the Proprietors of the Bahamas to be required to supply a copy 
of their charter. [Board of Trade. Journal, 9. pp. 180-181.] 

Oct. 19. 327. Mr. Avent to William Popple. Forwarding the receipt 
General O f the master of a ship, bound for Jamaica, for a packet addressed 
Post Office. to gir William Beeston. Signed, J. Avent. p. The receipt is 
attached. [Board of Trade. Jamaica, 8. No. 24.] 

Oct. 19. 328. Minutes of General Assembly of Virginia. Three 
members appointed for the Conference with the Burgesses. Bill 
to fix the fees of County Court Clerks received from the Council. 

Oct. 20. Bill as to donations to the College rejected. Bills as to 
clandestine marriages, as to letters of attorney and as to the 
erection of pounds, passed with amendments. Bill as to arms and 
ammunition read a third time and referred for further considera- 
tion. Bill as to gauge of casks returned by the Burgesses with the 



182 COLONIAL PAPERS. 

1696. 

Council's amendments accepted. Bills to appoint rangers, as to 
Maryland Indians, and as to the fees of County Court Clerks read 
a first time. 

Oct. 21. The Burgesses sent up the book of public claims, also the bill as 
to clandestine marriages, with the Council's amendments accepted. 
Eesolved to send a message to the Burgesses concerning the amend- 
ments to the bill for support of the clergy. 

Oct. 23. The Burgesses sent back the bill for support of the clergj T , 
accepting all the Council's amendments except that changing the 
word fourteen, into sixteen [14,000 Ibs. of tobacco, as annual main- 
tenance to ministers, instead of 16,000 Ibs.]. Message to the 
Burgesses, deploring their ingratitude to the King in not comply- 
ing with his orders as to ministers after his gracious concessions 
to the Colony in the matter of ports and of exportation of tobacco 
in bulk. Bill us to arms and ammunition referred to a Committee 
for amendment. Bill as to Maryland Indians rejected. Bills as 
to rangers and as to County Court clerks' fees read a second time. 
Bill for support of clergy agreed to as amended at the conference. 

Oct. 24. The bill as to arms and ammunition was reported and the 
amendments of the Committee agreed to. Bill as to rangers read 
a third time and agreed to as amended. The bill as to clandestine 
marriages was returned by the Burgesses, with the Council's 
amendments accepted. The bills for support of the clergy and as 
to Maryland Indians returned to the Burgesses. Bill as to fees of 
County Court clerks referred to a committee for amendment. 
[Board of Trade. Virginia, 52. pp. 27-32.] 

Oct. '20. 329. Minutes of Council of Virginia. Order for the restric- 
tions on the land at Pamunkey Neck and to South of the Blackwater 
to be continued till the '20th of April. [Board of Trade. Virginia, 

53. /). 47.] 

Oct. 20. 330. Minutes of Council of Barbados. .100 ordered to be 
expended on the fortifications to windward. A list of papers 
relating to the public service was received from Mr. Langley. 
Order for purchase of 20 barrels of powder for 200. 

Oct. 21. Order for H.M.S. Newcastle to be careened. Petition of Major 
Garth for allowances for a hospital, and for service at sea for 
the King's regiment, referred to the Assembly. Petition of the 
Quakers, asking to be allowed to affirm according to Act of Parlia- 
ment, referred to the Assembly, also the order for the present of 
liquor to Captain Fisher. Colonel Frere received 25 compensation 
for a negro executed. [Board of Trade. Barbados, 65. pp. 151- 
154.] 

Oct. 21. 331. Journal of Council of Trade and Plantations. Order 
for Mr. Thornburgh, a proprietor of the Bahamas, to attend on 
Monday next. [Board of Trade. Journal, 9. pp. 181-182.] 

Oct. 22. 332. Order of the King in Council. For the Admiralty to 

Kensington, give the necessary orders for preparing and sending to Virginia 
two suitable men-of-war, to be there in February next, to convoy 
home the fleet of merchant ships that shall bring from thence this 



AMERICA AND WEST INDIES. 



183 



1696. 



Oct. 22. 

Kensington. 



Endorsed, Eeccl. 29 Oct. 
Virginia, 6. Xo. 8; and 



Oct. 22. 

Kensington. 



Oct. 22. 

Kensington . 



Oct. 22. 

Kensington. 



Oct. 22. 

Kensington . 



Oct. 22. 

Kensington. 



year's crop of tobacco. Copy. J 7'- 
Read 2 Nov., 1696. [Hoard of Trade. 
37. p. 25.] 

333. Order of the King in Council. In the appointment of 
convoys for the fleet to the West Indies to be ready to sail on the 
31st of December, and for the convoys to be relieved as recom- 
mended in the report of the Council of Trade of 30 September (sec. 
No. 287), Captains of King's ships, who are in want of men, must 
apply to the Governor of the Colony to assist them, and if he fail to 
do so, then the Captain may impress men. Copy. ^ pp. Endorsed, 
Reed. 29 Oct. Read 2 Nov., 1696. [Board of Trade. Plantations 
General, 4. Xo. 13; and 34. pp. 79-81.] 

334. Order of the King in Council. For the Admiralty to 
amend and add to the instructions to the Commissioners appointed 
to report on the supply of Naval Stores by New England, in 
accordance with a representation from the Council of Trade and 
Plantations. Copy. 1 p. Endorsed, Reed. 29 Oct. Read 
2 Nov., 1696. [Board of Trade. New England, 8. Xo. 37; and 36. 
p. 50.] 

335. Order of the King in Council. For the Master-General 
of the Ordnance to despatch 400 light Dutch fusils- and other 
military stores, as specified, to Governor Fletcher at New York. 
Copy. 1 p. Endorsed, Reed. 29 Oct. Read 2 Nov., 1696. 
[Board of Trade. New York, 6. Xo. 60 ; and 52. pp. 36-37.] 

336. Order of the King in Council. For the Richmond 
frigate to be recalled from New York and for a light and quick 
sailer to be despatched thither at the end of the winter, which 
frigate shall convoy merchantmen to America and there remain 
under the orders of the Governor of New York until the beginning 
of next winter, when she will proceed to the West Indies, and there 
stay until the merchant ships return to England, when she 
will help to convoy them, and another ship shall take her place at 
New York. A ship of like force shall be sent out to the like duty at 
the end of every winter. Copt/. 1 p. Endorsed, Reed. 29 Oct. 
Read 2 Nov., 1696. [Board of Trade. New York, 6. A T o. 67 ; and 
52. pp. 37-38.] 

337. Order of the King in Council. That the King's four 
companies in New York be subsisted equally with the King's forces 
at home, and that the Paymaster-General take care for this. 
Copy. I p. Endorsed, Reed. 18 June, 1697. [Board of Trade. 
New York, 6. No. 68 ; and 52. p. 157.] 

338. Order of the King in Council. For a letter to be 
written approving of Colonel Fletcher's method of keeping the 
King's companies full by men raised in America, until further 
order ; for a circular to be written to all the Governors to make 
effectual laws against the receiving or harbouring of deserters or 
fugitives from one Colony to another ; for Caleb Heathcote to be 
confirmed in the Council of New York ; and for Governor Fletcher 
to nominate another Councillor for the royal approval. Signed, 



184 



COLONIAL PAPERS. 



1696. 



Oct. 22. 

General 
Tost Office. 



Oct. 22. 



Oct. 23. 

Boston. 



John Nicholas. 1 p. Endorsed, Eecd. 27th Read 28th Oct., 1696. 
[Board of Trade. New York, 6. No. 69 ; and 52. pp. 35-36.] 

339. J. Avent to William Popple. The packet sent to the 
Postmaster-General for Colonel Nicholson has been delivered to the 
master of the John and Susanna, bound to Maryland, whose receipt 
is enclosed. The packet for William Beeston was also entrusted to 
him. Signed, J. Avent. J p. 

Enclosed, 

339. i. Receipt of the master of the John and Susanna for a 
packet addressed to Colonel Nicholson. Plymouth, 
18 October, 1696. Scrap. [Board of Trade. Mary- 
land, 3. Nov. 1, 7i.] 

340. Minutes of Council of Virginia. The matter of Mr. 
Lightfoot's admission to the Council was again discussed and 
deferred for further consideration. The Address and Association of 
the Burgesses to be presented to the King was laid before Council. 
[Board of Trade. Virginia, 53. pp. 47-48.] 

341. Lieutenant-Governor Usher to Lords of Trade and 
Plantations. Since my last I have been informed that Vaughan and 
Waldern have got several hands to a writing against me. The full 
purport of it is not come to my knowledge but I am informed that it 
is that they were suspended. How can any judge the matter when 
never present at hearing of the charge and of their answers, and 
when the reasons were sent only to you ? But it is like all their other 
actions. If one Penhallow appears I desire that he may be detained 
until my answer to the charge be returned. If Mr. Elliot's hand be 
there, he is a person who has writ many letters to me, signifying 
that Vaughan and Waldern gave so much trouble in the Govern- 
ment and obstructed all matters for the good of the place that it 
made him uneasy and to desire his dismission. But what shall I 
say ? Men are false. One Major Church with 400 men went from 
Boston, and instead of looking after the enemy went to a place near 
Menis inhabited by the French, who had submitted and sworn 
allegiance to King William, and plundered them to the value of many 
thousand pounds, taking to the value of .1,400 from one man. 
From there he went to St. John's, where with 400 men he lay before 
the fort for forty-eight hours, and then drew off, the French calling 
to them " Come Pemaquid " in derision. The French in the fort, 
about fifty men, four guns and the fort palisadoes, Church hath 
taken twelve great guns, almost five or six hundred weight [?] 
apiece, 1,200 shot, many pickaxes and shovels, 14 barrels of 
powder, all brought to Boston. [Sic. It is impossible to say ichat 
this sentence means as it stands. Probably Usher intended to 
signify that the French in the fort were but fifty men, with four guns, 
and that the fort was no more than a stockade. The stores captured 
must therefore have been unguarded.^ I am informed that Boston 
has written to urge that New Hampshire may be added to them to 
strengthen them with men and money, and for New Hampshire to 
desire men and money of Boston. I shall leave the matter 
with you. I know of no reason for the acting of either 
unless it be that I have always asserted and maintained the 



AMERICA AND WEST INDIES. 185 

1696. 

royal prerogative, and that I have settled the boundaries by 
force by running the line, which my predecessors never did. 
If this be reason enough for their being joined to Boston and 
you see cause for it, I have nothing to say. If they must be 
joined, I would suggest that you should join Massachusetts to 
New Hampshire and send 500 men ; and then you may have the 
place more firmly depending on the Crown of England than it now 
is ; for in truth I can say that these parts are not for Kingly 
Government. The Boston Representatives, though they send to the 
King for ships and men, yet address him at the same time for their 
old charter. That is their onions and garlic. When I left the 
province 1 posted forty men in garrison for security of the frontiers, 
since when I am informed that most of them are come away for 
want of provisions, and the Country refuses to provide money for 
the same. If the King does not speedily take some care, all the 
out-towns will be deserted and left to the enemy. I beg that the 
King will send a Governor and soldiers. Signed, John Usher. 1 p. 
Endorsed, Reed. 23 June. Read 7 July, 1697. [Board of Trade. 
New England, 8. No. 38; and 36. ^.211-213.] 

Oct. 23. 342. Journal of Council of Trade and Plantations. A 
petition of Jeffery Jones as to a judgment given against him in 
East New Jersey was referred to the proprietors of that province. 
[Board of Trade. Journal, 9. pp. 182-183.] 

Oct. 26. 343. Journal of Council of Trade and Plantations. Domestic 
trade was considered. Order for the letters to Virginia and New 
York to be copied, ready for despatch. Order for the laws of 
Massachusetts to be dealt with on Monday. [Board of Trade. 
Journal, 9. pp. 183-188.] 

Oct. 26. 344. Minutes of Council of Jamaica. Order for Peter 
Beckford, junior, to be admitted to the Receiver-General's Office 
on giving the usual security. Orders for payment of William 
Blathwayt's salary and for other payments. [Board of Trade. 
Jamaica, 79. pp. 33-35.] 

Oct. 26. 345. Minutes of General Assembly of Virginia. Bill to 
appoint rangers returned by the Burgesses, with a message that 
they adhere to the bill as passed by themselves. 

Oct. 27. Bill as to fees of County Court clerks agreed to. The book of 
public claims was read, amended and returned to the Burgesses. 
Message to the Burgesses recommending that .-10 instead of .15 
be allowed to the officers attending the General Court, the latter 
sum being no more than that allowed to the Assembly's own door- 
keepers. Bill to appoint rangers agreed to and returned to the 
Burgesses with the book of claims. 

Oct. 28. Message from the Burgesses, refusing to grant more than 20 to 
the officers that attended the General Court. Message to the 
Burgesses in reply, that the Council insists on its former proposition 
that 40 be the sum. Message from the Burgesses, again refusing 
to allow more than 20, which was thereupon agreed to by the 
Council. 

Oct. 29. The Burgesses sent up the roll of bills passed, for perusal of the 
Council. 



186 COLONIAL PAPERS. 



1696. 

Oct. 30. The book of proportion of public dues, the accounts of money 
due from the impost on liquors, and a bill for a public levy, were 
received from the Burgesses, all of which were read, agreed to, and 
returned, together with the roll of bills. The Address of the Clergy 
was considered, and a copy sent down to the Burgesses. 

Oct. 81. The Burgesses sent up an address to the Governor in answer to 
the address from the Clergy. The Burgesses were then summoned, 
and the Governor then assented to the following bills, viz. to 
punish divers offences, to alter Court-days in Accomack County, to 
give rewards for killing wolves, to repeal the prohibition of tobacco- 
planting, to ascertain damages on appeals, to impose penalties on 
non-appearance of witnesses, to declare how long judgments shall 
be pleadable, to fix a place for York County Court, to ascertain the 
gauge of casks, to prevent clandestine marriages, for better support 
of the clergy, to fix the fees of County Court clerks, to appoint 
rangers, and to raise a public levy, adjourned to 29 April next. 
The 'Journal of the House of Burgesses for these same days is to the 
name effect an the fore.qoin</. [Board of Trade. Virginia, 52. 
pp. 82-88 ; and pp. 266-279.] 

Oct. 27. 346. Minutes of Council of Barbados. The Assembly 
desired despatch of the bills before the Council, also that Mr. 
Cranrield might not be a judge of Exchequer, also that a new look- 
out be appointed, the former one leaving because dim-sighted and 
sottish. 

Oct. 29. The bills relating to elections and to trade were read and 
committed. The time of payment of the Act for four shillings per 
pole was tixed. [Board of Trade. Barbados, 65. pp. 155-156.] 

Oct. 27. 347. Minutes of Council of Virginia. The Committee on the 
matter of officers for the General Court reported that the Sheriff of 
James City had always officiated till now and had been paid by the 
Assembly, which now refused payment. There was no law to 
compel the Sheriff to act, so it was necessary to appoint officers for 
the purpose and to recommend to the Assembly the allowance of 
fees or a recompense for them. Report approved. 

Oct. 28. The Committee on the Jamaica ships reported that the proceed- 
ings in respect of them should be carried on in the Courts of Record, 
where all claims to them could be prosecuted. Report approved. 
The Churchwarden of Denbigh was heard in his defence, and was 
removed from the Commission of the Peace for contempt of the 
Council's orders. 

Oct. 29. Warrant signed for the payment of .100 for the quit-rents to 
James Blair, in accordance with the King's order. 

Oct. 80. Anne Grey, under sentence for murder, was reprieved to enable 
her to obtain the King's pardon. Order for an answer to be 
written to the address of the clergy, and for the address itself to be 
laid before the Burgesses. John Lightfoot summoned to attend next 
Council. Order for all persons pretending to keep ferries to report 
to the Secretary under what pretence they keep them, in what 
manner they keep them, and what fees they demand of passengers. 

Oct. 81. Order for Anne Grey to be sent back to New Kent County gaol. 
[Board oj Trade. Virginia, 53. pp. 48-51.] 



AMERICA AND WEST INDIES. 187 



1696. 

Oct. 28. 348. The Attorney-General to Board of Trade and Planta- 
tions. I have considered the petition of Wait Winthrop and others 
(tec preceding volume, No. 1844) and I find that the King's Province 
was granted in the 14th year of Charles II. to Connecticut, and in 
July, 1663, to Rhode Island, but this latter grant 1 conceive to be 
invalid in consideration of the former. Signed, Tho. Trevor. 1 p. 
Endorsed. Reed, and read 4 Jan., 1696-7. 

A copy of the charter of Connecticut will lie found in Board oj 
Trade. New England, 36. pp. 79-92. [Board of Trade. New 
England, 8. No. 39 ; and 36. pp. 102-103.] 

Oct. 28. 349. Journal of Council of Trade and Plantations. Three 
orders in Council of '22nd inst. as to recruiting the New York 
Companies, the harbouring of deserters, and the appointment of 
Caleb Heathcote to the Council of New York were read. Ordered 
that the same be explained in the next letters to Governor Fletcher, 
and that circulars be drafted as to harbouring of deserters. 

Mr. Blathwayt reported that he had received intelligence of 
Governor Russell's death. The laws of Massachusetts were then 
considered, and the Secretary was ordered to obtain copies of the 
charters of Rhode Island and Connecticut. 

Oct. 29. Order for an abstract to be taken of the accounts of the revenue 
of New York. Laws of Massachusetts were further considered. 

Oct. 30. Mr. Dockwra attending desired more time to examine Jeffery 
Jones's petition. Letters from Governor Russell of 23 July, and 
two from the Council of Barbados of 11 August and undated, were 
read (see Nos. 104, 138, 188). Resolved thereupon to recommend that 
henceforward all Governors be directed to communicate to the 
Council all matters in which their advice and consent are requisite. 
Order for enquiry to be made as to the prisoners mentioned therein. 
Order for the Barbados Agents to be asked about the stores and 
forces of that Island and about the employment of the dead-pay of 
the Regiment in obtaining recruits. Resolutions agreed to for a 
representation to the King respecting Barbados. 

Memorial from Mr. Randolph read (sec No. 354). The Secretary 
\yas ordered to write to the Attorney-General on the subject. 
[Board of Trade. Journal, 9. pp. 188-200.] 

Oct. 29. 350. Minutes of Council of Massachusetts. John Walley 
ordered to secure all gunpowder in the hands of private persons, 
for the King's service. Order for payment of 305 to Captain 
Samuel Mould for a prize-ship, which was fitted out as a fireship 
for the King's service. Order of the Treasurer to issue bills of 
credit for 2,000, and that a Committee take an account of the same 
from time to time. Order for 800 to be advanced for the 
expenses of the late expedition to St. John's River. [Board of 
Trade. New England, 49. pp. 55-57.] 

Oct. 30. 351. William Popple to the Commissioners for sick and 
wounded seamen. Enclosing the list of French prisoners sent 
from Barbados, desiring information whether prisoners, French 
and English, have previously been sent to Europe from America, 
and directing that Fra^ois Breador be not readily exchanged. 
[Board of Trade. Barbados, 44A. p. 28.] 



188 COLONIAL PAPEES. 



1696. 

Oct. 80. 352. Edward Randolph to the Council of Trade. Two men 
of war are shortly to sail for Virginia with the officers of the 
Commissioners of Customs on board. I beg that the Attorney- 
General's report as to the King's power to appoint Attorneys- 
General in the Proprietary Colonies may be hastened. Holograph. 
1 p. Endorsed, Read 30 Oct., 1696. [Board of Trade. Plantations 
General, 4. Xo. 14.] 

Oct. 30. 353. William Popple to the Attorney-General. Asking him 
to hasten his report as to Attorneys-General for the American 
Colonies, as ships of war will shortly be sailing for these parts. 
[Board of Trade. Plantations General, 34. p. 77.] 

Oct. 354. A series of questions put to Edward Randolph by the 

Council of Trade and Plantations, with his answers (see No. 300). 
(1) There is in Virginia, at a moderate computation, about 500,000 
acres granted by patents, of which not above 40,000 acres are 
cultivated and improved, besides many thousand acres of waste 
land high up in the Country. (2) Colonel Nicholson was the first 
Governor of Virginia who directed prosecutions for arrears of quit- 
rents, beginning with Colonel Laurence Smith. The case was 
ready for trial but the Governor came to England, and the case was 
afterwards compounded for a small matter. (3) No one in Virginia 
has authority to compound for the King's quit-rents, but it was 
done in the case of Colonel Smith. (4) Small parcels of land are 
granted away every Court for not being planted or seated according 
to law, but no land has at any time been seized to the King's use 
for not paying of quit-rents. (5) Negro servants give a right to 
land to those who import them, who thereupon take up land, con- 
trary to the true intention of seating the Country; but the practice 
being general, to the advantage of certain persons, no notice is 
taken of it. (6) The method of surveying is this : The importer 
takes a certificate of his rights (to which he has sworn) to the 
Surveyor of the County where he is minded to take up land and 
shews him the land he supposes to lie waste. The Surveyor then 
gives him a survey, which he carries to the Secretary's office, where 
he obtains a patent of course. (7) I have heard of many false certifi- 
cates of rights ; the practice is common but little regarded, being of 
no prejudice to any private person. (8) The Counties in Virginia 
number twenty-three, some of them as big again as others, but no 
survey has yet been made of the Country, which ought to be done. 
(9) My object in proposing to limit the grant of land to any one man 
to 500 acres is to prevent further engrossing of land to the prejudice 
of others, who are forced to leave the Country for want of land. 
Nevertheless it will hinder no person from taking up greater parcels 
of land if he produce certificates of rights, legally obtained. It is 
absolutely necessary for a law to be passed inflicting severe penalties 
on those who produce or allow false certificates. (10) In reply to 
the question in what quarter it would be advisable to begin, if my 
proposals were adopted, I answer that the members of Council have 
large tracts of land in most of the counties, for which they are in 
great arrears of quit-rent. It is advisable to make a beginning with 
some of them and to empower a person uninterested in the county 
to demand the arrears due to the King. These will amount to a 



AMERICA AND WEST INDIES. 189 

1006. 

considerable sum and will increase the King's revenue in Virginia 
yearly. If the patentees refuse to pay the arrears, some hundred 
thousand acres of land will revert to the Crown, to he more carefully 
disposed of in future. Signed, Ed. Randolph. If pp. Endorsed, 
Reed. October, 1696. [Board of Trade. Virginia, 6. No. 9.] 

Nov. 1. 355. A list of the stores of war sent to Barbados between 
1 November, 1689, and 1 November, 1696. Compiled by the Board 
of Ordnance. 9 pp. [Board of Trade. Barbados, 7. A'o. 15.] 

Nov. 2. 356. Commissioners for sick and wounded seamen to 
Council of Trade and Plantations. Pursuant to your orders we 
have enquired as to the French prisoners sent from Barbados, and 
find that six of them have already been delivered to our agent 
at Dover. We expect the masters of the ships to bring the rest to 
us, according to our orders, when the ships come up the river. 
Formerly we have received several French prisoners from America 
and have exchanged them for English prisoners captured in the 
Colonies and taken to France, though we often had disputes over 
them with the Minister of France, as America is not included in the 
general cartel for prisoners taken at sea. Your orders as to Francis 
Breardor shall be punctually obeyed, as soon as the ship's master 
comes up from the Downs. Signed, Tho. Addison, Antho. Shep- 
hard, Chris. Kirkby, Da. Elder. 1 p. Endorsed, Read 6 Nov., 
1696. (Hoard of Trade. Barbados, 7. X<>. 16.] 

Nov. 2. 357. Journal of Council of Trade and Plantations. Domestic 
trade was considered. The Agents for Barbados gave in a repre- 
sentation of the decaying state of the Island, and pressed in 
particular for supplies of military stores. They reported also that 
owing to the dearness of provisions the King's pay barely sufficed 
to subsist the soldiers in Barbados, and finally promised to commit 
all to writing. 

Orders in Council of the 14th October as to New York, as 
to convoys, and as to the instructions for the persons appointed 
to enquire concerning Naval stores were received, and extracts 
from the same ordered to be sent when required. Further heads 
for a representation concerning New York agreed to. Order 
for the Agents of the West Indian Islands to attend on Wednesday. 
[Board of Trade. Journal, 9. pp. 200-205.] 

Nov. 2. 358. Abstract of a letter from Stephen Sewall to Edward 
Salem. Hull, merchant of London. The state of this country is at present 
the following : There are many small Governments, namely New 
Hampshire, Massachusetts, Rhode Island, Connecticut, New York, 
New Jersey, Pennsylvania, Maryland and Virginia, all of them 
distinct. They do not and will not afford each other succour and 
relief in time of need, as is meet and absolutely necessary, insomuch 
as the French and Indians prosecute the war so hard on those that lie 
next to them, viz. New Hampshire and part of Massachusetts, that 
hundreds of men, being tired out with watching and paying great 
taxes, are running to South Carolina and other places southward to 
escape these difficulties and dangers. If the King does not speedily 
put a stop to these things by uniting several of the Governments 



190 COLONIAL PAPERS. 

1696. 

together, or rather by sending a Viceroy over all that may command 
all in this difficult time of war, I tremble to think what the event 
will be. Most sure it is that if our enemies master New England 
they will certainly overrun all the Colonies on the Continent, which 
will be a vast detriment and loss to the King and the trading people 
of England. I beg you as a true Englishman, Christian and friend 
to the distressed to speak, as you have opportunity, affectingly to the 
Commissioners of Foreign Plantations or any other officers whom 
you think suitable and who will lend an ear to these great things. 
For they are great and weighty indeed and yet not much regarded 
because of those greater affairs which the -King is engaged in. If 
the King would reduce Massachusetts, Connecticut and Rhode 
Island into one Government, New York with Jersey and Pennsyl- 
vania into another, and Maryland, Virginia and North and South 
Carolina into a third, and send a great nobleman, who is a soldier, 
above all Governments ; then we might make one body and one 
purse and send the French and Indians "a-grusing" quickly. 
There is most absolute need of a strong garrison at Port Royal or 
St. John's, or both, but as we are now we can't accomplish it. Sir, 
here is a delicate country, and eastward of us deserted by the 
English, the French and Indians having driven them away from 
Pemaquid nearly to AVells in New England, so that the enemy 
gain upon us every year. Unless the King will have pity and relieve 
us I know not what will become of us. This I have given for a 
true account of our condition, being no way biassed by this, that or 
the other faction or design but purely for the good of the whole in 
general, which is what I aim at and would do my utmost for. I am 
a true Englishman and a loyal Williamite. Copy. 1pp. Endorsed, 
Presented by Mr. Woolley and read 4 March, 1696-7. [Board of 
Tradi-. New England, 8. No. 40 ; and 36. pp. 139-141.] 

Nov. 2. 359. Minutes of Assembly of Nevis. Resolutions passed, 
that no member of Assembly is liable to arrest, and that Mr. 
Speaker argue nothing with the Governor and Council but what he 
has Commission from the house to speak. Ordered that Mr. 
Speaker publish immediately that John Perry, not having been 
confirmed by the Assembly, is no longer Treasurer of Nevis. Order 
for payment from the public Treasury of 56, current money, to 
the members who took the Address to Antigua. A remonstrance to 
the Governor agreed upon, asking that the Assembly may sit and 
act, and that the grievances already complained of may be redressed. 
Messages to the Governor requesting that John Palmer may be 
suspended from the Council, and that the verbal messages of the 
Council as to the qualifications of members may be put in writing. 
The Governor and Council replied that two of the members formerly 
objected to were not qualified, and that writs should be issued for 
election of other members in their places. [Board of Trade. 
Leeward Islands, 64. pp. 392-394.] 

Nov. 3. 360. Minutes of Council of Barbados. The Captain of the 
sloop sent out for intelligence of the French returned and made his 
report. Recommended to the Assembly that an allowance be made 
to the sick seamen of H.M.S. Newcastle, and also that Captain 
Reeves have a suit of French colours. 



AMERICA AND WEST INDIES. 191 

1696. 

Nov. 4. Order for the Virgin, prize, to be careened, and for her and 
H.M.S. Newcastle to be supplied with provision. Mr. Langley 
presented a copy of a mandamus to be sworn of the Council, but the 
document being judged not authentic he was not sworn. Order for 
the accounts with the sloop, hired as an express, to be made up. 
[Board of Trade. Barbados, 65. pp. 156-158.] 

Nov. 4. 361. A list of arms and stores contracted for to be sent from 
England by first opportunity for the service of Barbados. The list 
consists chiefly of small arms and equipment for a thousand men. 
1 p. Endorsed, Reed, and read, 4 Nov., 169(5. [Hoard oj Trade. 
Barbados, 7. No, 17.] 

Nov. 4. 362. Memorandum of a petition from Ralph Lane, received 

4 November, read 6 November, delivered to Clerk of Council 
16 December, 1696. i p. [Board of Trade. Barbados, 7. 
No. 18.] 

Nov. 4. 363. Journal of Council of Trade and Plantations. The 
Agents of several Colonies attending were informed of the orders 
given concerning convoys. Mr. Eyles gave in a list of the arms and 
stores contracted for for Barbados. The laws of Massachusetts 
again considered, and a representation upon a portion of them 
ordered to be prepared. 

Nov. 5. Orders for a return of the stores sent to the Colonies since the 
beginning of the war, to be required of the Ordnance Office. Four 
letters from Sir "William Beeston of 15 June, 19 June, 4 July and 

5 July, read. Resolved to represent to the King the matters arising 
therefrom and other business concerning Jamaica. A representa- 
tion as to some of the laws of Massachusetts signed. 

Nov. 6. A representation from the Council and Assembly of Barbados 
read, also a petition of Ralph Lane, to which it was resolved to 
accede. Governor Codrington's letter of 5 May to Mr. Blathwayt 
was read, also his letter of 2 September (af No. 181). Order for an 
answer to him to be prepared, also a representation concerning the 
Leeward Islands. The proprietors of East New Jersey appeared 
and promised to produce copies of their patents and charters. Mr. 
Nelson represented his own circumstances to the Board, begging 
that reprisals might be taken upon some French prisoner, and on 
the suggestion of the Board promised to make enquiry as to the 
French Governor of Hudson's Bay, lately brought prisoner to 
England. 

Lord Tankerville brought the Board the King's order that all 
correspondence between it and the Admiralty should be conducted 
by the Secretaries on both sides. The Board refused a request from 
one of the proprietors of East New Jersey to be furnished with a 
copy of its representation as to Attorneys-General. [Board of 
Trade. Journal, 9. pp. 205-217.] 

Nov. 5. 364. Lords of Trade and Plantations to the King. Recom- 
Whitehall. mending the confirmation of six Acts of Massachusetts passed in 
1698, and the disallowance of those to regulate ship-building, and 
to encourage a Post Office. Signed, Tankerville, Ph. Meadows, Wm. 
Blathwayt, John Pollexfen, John Locke, Abr. Hill. [Board of 
Trade. New England, 8. No. 41 ; and 36. pp. 48, 49.] 



192 COLONIAL PAPERS. 



1696. 

Nov. 5. 365. Order of the King in Council. Referring a petition of 

Kensington, the Proprietors and Agents of Carolina, the Bahamas, Pennsylvania, 

East and West Jersey and Connecticut, to the Council of Trade for 

report. Signed, Ric. Colinge. J p. Endorsed, Read 16 Nov., 1696. 

Annexed, 

365. i. Petition of the Proprietors and Agents above named 
to the King in Council. By summons of the Attorney 
General of 13 October last we learned that it had been 
referred to him to report whether the King could not 
appoint an Attorney-General to our Provinces, notwith- 
standing all grants and charters, and on waiting upon 
him read a report of the Commissioners of Customs 
founded on the information of one Edward Randolph 
(sec A'o. 198 1.). We beg that we may be furnished 
with a copy of this report and that we may have an 
opportunity of replying thereto. Signed, Craven, Bath, 
Ashley, Berkeley, Wm. Thornburgh (for Sir John 
Colleton), J. Lane, J. Winthrop, Michael Watts, Wm. 
Penn. Copy. 1J pp. [America and West Indies. 601. 
Nos. 33, 33i ; and Hoard of Trade. Proprieties, 25. 
pp. 3-4.] 

Nov. 5. 366. Order of the King in Council. Disallowing the Acts 

Kensington. O f Massachusetts for building of ships, and for encouraging a Post 

Office, passed in 1693. tiigned, Rich. Colinge. Copy. 1 p. 

Endorsed, The original given to Sir H. Ashurst. [Board of Trade. 

New England, 8. No. 41 ; and 36. p. 53.] 

Nov. 5. 367. Memorandum of an Order in Council as to the appeal 
of Ralph Lane, dated 5 November, received 11 November, delivered 
to the Clerks of Council 16 December, 1696. p. [Board of 
Trade. Barbados, 7. No. 19.] 

Nov. 5. 368. William Popple to Mr. Sanson, Secretary to the Board 
of Customs. The King has given orders for the convoys for the 
West Indies to be ready to sail on the 31st of December, after 
which no ships will be waited for. Two men-of-war are also 
ordered to Virginia to convoy the homeward-bound fleet from 
thence. You are therefore to order your officers in the out-ports to 
give the merchants notice hereof. [Board of Trade. Plantations 
General, 34. p. 78.] 

Nov. 6. 369. Minutes of Assembly of Nevis. Message to the 
Governor. We were much surprised at the vote of the majority of 
Council that two of our members are not qualified to be Assembly- 
men, when we have satisfied ourselves that they are, and they have 
been sworn and have sat and acted with us. We will never part 
with our privilege in obedience to a vote of the Governor and 
Council. John Palmer is at the bottom of this and all other 
mischief in the Island. Message ends. Resolved that Thomas 
Weaver has always behaved himself in the Assembly with honesty 
and honour. Resolved that John Perry, having threatened the 
messenger who published the resolutions of this house concerning 
him, is guilty of a high contempt of the Assembly. Resolved that 



AMERICA AND WEST INDIES. 193 

1096. 

the Governor be entertained at the public expense during his stay 
in the Island. Message from the Governor and Council. We 
admire that after our last message you should permit members 
declared by us to be unqualified to sit among you. Answer of the 
Assembly. Since our repeated addresses to you have brought 
us no remedy we appeal to the King. The Assembly was then 
dissolved. [Board of Trade. Leeward Island, 64. pp. 395-398.] 

Nov. 9. 370. Governor Fletcher to Lords of Trade and Plantations. 
New York. Since my last of 17 September, I have had a treaty with the 
Indians, and send a copy of what passed. Since my return from 
Albany a party of thirteen French with an Indian guide passed near 
that place, and were beaten by eleven Eiver Indians, the French 
commander wounded (since dead), and two others surrendered. A 
party of three Christians and twenty-three Indians from Albany 
were immediately sent north to the Great Lake and destroyed their 
canoes. Meeting with some of the party they cut them all to pieces 
and brought in their papers. Two of our Indians are wounded. 
The French endured great hardship and fed upon acorns. It is 
believed that none of them will get to Canada. I have transmitted 
the examinations of the prisoners. The three companies on the 
frontier being much weakened, I prevailed on the Assembly to 
recruit them for a twelvemonth in May last. Since my return from 
Albany the Assembly have given a new supply to recruit them 
against the winter. The inhabitants of Albany are under appre- 
hension qf an attack this winter, of which I also have an account. 
The Governor of Canada had recruits last summer from France, and 
no assistance is to be expected from the neighbouring Colonies, so that 
many of the people of Albany think of removing to New York. I 
am therefore embarking with my own company to put myself in 
that post for the winter, and hope to take off all their doubts and 
fears. I shall be cut off by the ice for four months from the rest 
of the provinces, so have left the necessary orders. The same 
weather is our security against any attempts of the French by sea. 
I have made frequent applications for assistance to the neighbouring 
Colonies, which are fruitless. The Indians were hearty and well 
disposed, but much inclining to make a peace for themselves. I 
have remitted a bundle of beaver with their description of Canada 
to Mr. Blathwayt, which please send to the King. They have 
limited me to get an answer against the spring. I have also sent 
an address and an Association signed by the Assembly, it being the 
first time of their meeting since the King's happy deliverance. I 
beg you to intercede that the neighbouring Colonies may at least be 
obliged to contribute to the expense of the frontiers, also that the 
light fusils formerly asked for may be sent, and a regular 
supply of ammunition as well as the subsistence of the King's 
Companies. Signed, Ben. Fletcher. 2J pp. Endorsed, Eecd. 
23 June, Read 7 July, 1697. 
Enclosed, 

370. i. Journal of Governor Fletcher's expedition to Albany 
to renew the covenant with the Five Nations. Sept. 17. 
The Governor embarked after sunset. Sept. 22. The 
Governor arrived at Albany, inspected the fortifications, 

28181 N 



194 COLONIAL PAPEES. 

1696. 



and gave orders as to repairs. Sept. 27. The Sachems 
of the Oneidas and Onandagas arrived in the morning, 
and supped with the Governor in the evening, expressing 
great satisfaction at meeting him. Sept. 28. Captain 

Weems was sent to Senectady to inspect the garrison 
and to report as to the repairs that are wanting. 
This day the Sachems of the three other nations 
arrived. Sept. 29. The Sachems of the Five Nations 
met, when the Governor addressed them, condoling with 
them for the losses of the Onandagas and Oneidas, 

recounting his coming to their assistance in August and 
delivei'ing them presents of clothing, arms and 
ammunition to the value of 200 sterling from the 
King, in pledge of his protection, and of further articles 
from the New York Government, to the value of 400, 
New York money. Oct. 1. The Sachems of the Five 
Nations again met the Governor, when a Sachem 
of the Maquas first addressed him. The speaker 
thanked the Governor for his condolence and his 
presents, but complained that the enemy had brought 
them very low, having destroyed five out of six 
of their castles, and that if the remaining castle were 
destroyed they knew not what they should do. He then 
said that since the King of England had canoes of 
seventy guns apiece it was a great pity that the Five 
Nations should be plagued by so small an enemy as the 
French and the Indians of Canada ; that the Five 
Nations were much reduced, but that if the other 
Colonies, who had all put their hand to the Covenant, 
would join with New York, they were ready to go and 
root the French out of Canada. The speaker then laid 
down a bundle of beaver-skins, and on the outside 
thereof a draft of the river of Canada, with the chief 
places marked thereon, to shew the smallness of the 
enemy and their seats upon the river ; which draft he 
desired should be sent to the King. He then again 
thanked the Governor for the promise of the King's 
protection, and begged him to send to the King again 
with all speed to report what they had said, offering 
five beaver skins to pay for the pens, paper and ink, and 
to ask the King definitely whether he will send his ships 
and armies to destroy the French in Canada next spring. 
Oct. 2. The Five Nations again met Governor Fletcher 
when a Sachem of the Senecas was speaker. He 
solemnly renewed the covenant of the Five Nations 
with the whole of the Colonies, and begged that all 
that they had said might be reported to the King. The 
Governor then renewed the covenant on his side, on 
behalf of all the Colonies, assured the Five Nations of 
the King's protection, and told them that he had 
provided victuals and drink that they might drink the 
King's health. The Indians answered by acclamations. 
Oct, 3, The principal Sachems met the Governor in 



AMEEICA AND WEST INDIES. 195 

1696. 

private conference, when the Governor told them that 
it was impossible, owing to the perils and uncertainties 
of the sea, to obtain in so short a time an answer from 
the King as to an attack on Canada in the next 
spring, but that he would take all measures to write 
and obtain an answer as speedily as possible, and 
meanwhile had appointed Major Peter Schuyler, 
Godfrey Dellius, Dirck Wessells and the Mayor 
of Albany to hear any propositions that they 
might make. He then gave each of them a keg of 
rum to comfort them on their way home, and bade 
them farewell. A Sachem of the Maquas then rose and 
spoke. Where, he asked, were the other Colonies, which 
had long been joined with New York in the circuit ? 
They are asleep (he said), they come not to our assist- 
ance. We are now down upon our knee but not quite 
down upon the ground. Let the King send his great 
canoes, and let the brethren of the other provinces 
awake, and we shall stand on our feet. We again ask 
you to write to the King and obtain an answer against 
next spring. Let it not be said that the canoes are lost 
under water and that the wind has carried them into 
another country, but let us have an answer against the 
trees grow green. The Governor then answered that he 
' would assuredly write as soon as possible and return the 
King's answer also, but he could not depend upon the 
time, as voyages were uncertain. He then again bid 
the chiefs farewell, who answered with acclamations. 
Oct. 4. Clothing was delivered to the foot companies, 
as a gratuity from the Assembly. Oct. 5. The Com- 
panies were mustered and sworn, when two dollars of 
the fourpence a day voted by the Assembly were paid to 
every man. The Governor at the head of his company 
bade the men not listen to factious and disaffected 
persons, promising that the fourpence a day should be 
paid into their own hands. In the afternoon the 
Governor embarked for New York, arriving there on 
the 9th of October. Copy. 10 pp. Endorsed, Eecd. 
23 June, 1697; Bead 9 April, 1698. 

370. n. Examination of three French prisoners, taken at 
Fort Orange, Albany, on the 16th of October, 1696. 
Joseph de Boake gave information that on the 24th of 
September he marched from Montreal, by orders from 
the Governor of that place, with twenty-one Frenchmen 
and one Indian, taking forty-five days' provisions. They 
were twelve days on the river and landed on the shore 
of Lake " Shamphire " [Champlain], where they left 
their three canoes and started with ten days' provisions 
only to make an attack on the Five Nations or on the 
English. After eight days' travel they arrived at some 
uninhabited houses over against the flats, where he and 
two more went forward to discuss what he could, but 
seeing three Indians retreated to his party and retreated 



196 COLONIAL PAPERS. 

1696. 



with them to a thicket for the night. Next morning 
they marched to Kinderhook and next day about two 
hours before sunset they were attacked, when only 
thirteen of them were together, the rest being dispersed 
or lost. After some firing on both sides he and his 
party retreated, but he himself being grievously 
wounded was unable to proceed and exhorted the rest to 
surrender to the English, lest they should fall into the 
hands of the Indians. All refused except two, who 
surrendered with him three days later to the inhabitants 
of Scotack. The examinant further deposed that he 
commanded the batteaux and canoes that carried Count 
Frontenac, with 1,600 French and 460 Indians, in his 
expedition within three leagues of the Onandagas' 
Castle, where they landed with two small field-pieces and 
two small mortars to throw hand grenades. That same 
day they moved up towards the Castle, but found it 
burnt. They destroyed all the Indian corn round the 
place and then moved to the Oneidas' Castle, which they 
burnt, destroying also all the corn. In the Castle were 
thirty women and children, who surrendered. After 
this the expedition returned home, meeting with some 
small skirmishes on the way. Examinant also said 
that twelve ships, six of them men-of-war, arrived at 
Quebec in September, with 300 recruits, ammunition 
and stores. The two other prisoners disclaimed all 
knowledge of Count Frontenac's expedition, and one of 
them deposed that there was no fixed reward offered 
for any mischief that they singly do in these parts. 
Copy. 2 pp. Endorsed, Reed. 23 June, 1697. Read 
9 April," 1698. [Board of Trade. New York, 6. 
Nos. 70, 70i, ii ; and (without enclosures) 52. pp. 158-161.] 

Nov. 9. 371. Governor Fletcher to the Duke of Shrewsbury. Since 
New York. m y last I have been to Albany to meet the Indians. I found 
them true to the English, but inclinable to peace. They make 
remarks how the small number of French in Canada hold out and 
vex the English, who are so numerous on this main. They have 
earnestly solicited me to write to the Great King and to get them 
an answer in the spring whether he will send his canoes of seventy 
guns and destroy Canada that they may make a peace for them- 
selves. They have also sent the King a small bundle of beaver 
skins, four black strokes upon the outside representing the river of 
Canada and three round strokes the three principal places. I have 
sent him the propositions, and beg you to obtain some answer or 
directions from the King. The Indians are a people of some 
consequence to these Colonies, and the barrier between the French 
and us. I have given them the presents sent by the King with 
some additions from this Government in consideration of their 
losses in defeating the French. The Assembly has also consented 
to provide for their maintenance during the winter. Our frequent 
alarms bring a hard duty and expense on the Province, so that the 
revenue is much anticipated, and the people uneasy because of the 



AMERICA AND WEST INDIES. 197 

1696. 

inequality of the burden, since our neighbours will give us no 
assistance. I have prevailed with the Assembly to recruit the 
companies, and am just about embarquing for Albany for the 
winter. One of the fighting captains of Oneida came down the 
river with me, and was desirous to see if the Great King of 
Britain fights the French, as is reported at Albany. I could find 
no interpreter to accompany him, so am obliged to send him back 
to his own Castle. A party of French which lately appeared near 
Albany were defeated by our people, while a party of ours that 
went North after them brought in seven scalps. I beg for the 
regular supply of stores and of pay for the companies. I find it 
hard to recruit the companies here, but by the Assembly's assist- 
ance have enlisted men for short periods. Men are not to be had 
on other terms here, since wages are so high. Colonel Ingoldsby 
has a twelve months' furlough from the King. Officers here are 
more difficult to be got than men, so I hope the King will give no 
more furloughs to officers here. Sinned. Ben. Fletcher, 3 pp. 
Endorsed, Reed, and read 2 July, 1697. [Board of Trade. New 
York, 6. No. 71 ; and 52. pp. 152-155.] 

Nov. 9. 372. Governor Fletcher to William Blathwayt. Reports 
New York, briefly his treaty with the Indians and the defeat of the French party, 
as in the two preceding letters. I am informed that the French have 
a design to attack Albany this winter, and I am now embarking for 
that place with a detachment of my own company. I cannot 
depend on help from our neighbours, but I hope, by the grace of 
God, with the forces I have, and such as I can draw together from 
Duchess and Ulster Counties, to give them so warm an entertain- 
ment as will make them repent their journey. This will be my 
third voyage to Albany this year. We are much pressed by constant 
alarms and the expense of war. Pray try to obtain us relief from 
the neighbouring provinces, also some light fusils from the Indians, 
and regular remissions of stores and pay for the foot-companies. 
Signed, Ben. Fletcher. 2 pp. Endorsed, Reed, and read 27 July, 
1697. [Board of Trade. New York, 6. No. 72 ; and 52. pp. 
183-185.] 

Nov. 9. 373. Journal of Council of Trade and Plantations. Several 
Jamaica merchants attended, bringing with them a ship's master, 
who had been captured by the French, and who gave information 
that he had been very closely questioned by the French about 
Jamaica, and that his suspicion that an attack on the Island was 
in train was confirmed from the sources. They then gave in a 
memorial of measures necessary for the defence of Jamaica (see 
next abstracts). 

Mr. Thornburgh attended, who reported that, though there was 
only strong presumption of Governor Trott's misbehaviour in 
entertaining pirates at the Bahamas, yet the Proprietors had 
turned him out. 

A paper entitled ' ' Misdemeanours of the Commanders of some 
of the King's ships " was read and the Agents for New York were 
ordered to attend next meeting to give information thereon. 
[Board of Trade. Journal, 9. pp. 218-223.J 



198 COLONIAL PAPERS. 



1696. 

Nov. 9. 374. Memorial of the Agents for Jamaica to Sir William 
Trumbull. There is advice by private and public accounts that the 
French are fitting out a fleet of fifteen sail with land-soldiers and 
several warlike instruments proper for the West Indies. The 
season of the year and the great enquiries made of prisoners taken 
when coming from Jamaica point to an attack on that place or on 
Havana, which we rather believe because they have advanced one 
Bear, a pirate who fled from Jamaica to Havana and who knows all 
the Islands, to be commander. Bear has at last been with the 
French in Hispaniola and is now in France, much caressed. The 
booty they may get in Jamaica and the loss that the people will 
sustain either there or at Havana (on which place the safety of the 
West Indian trade greatly depends) will, we hope, be sufficient 
considerations to urge you to give the necessary orders for render- 
ing these attempts of the enemy unsuccessful. 1J pp. Endorsed, 
Itead 9 Nov. 1690. [Board of Trade. Jamaica, 8. No. 25.] 

Nov. 9. 375. Memorial of the Agents of Jamaica to the Lords of the 
Admiralty. The French fleet for the West Indies is ready to sail, 
so we doubt if there is time to prepare a sufficient number of men- 
of-war to cope with them at sea, which otherwise would be the best 
method of securing Jamaica and saving the Spaniards. The loss 
of the Spaniards in its consequences so nearly concerns us that our 
ruin is the next. By this means the galleons and flota may be 
conveyed safe to Spain, and how much that will concern all the con- 
federacy anyone may judge. On their return they may touch at 
Newfoundland at the principal time of the year for their fishery, 
and may be back to Europe in May for the summer's business, 
provided they sail speedily, and all this done in the healthfullest 
time of the year. But if this cannot be done, then it is absolutely 
necessary that at least six men-of-war and two fire-ships be sent to 
be ready in harbour [Port Royal] before the French arrive, by 
whose help it may in all probability be secured. But otherwise it 
will be impossible against the greatest force that ever went to the 
Indies. Captain Lilly is now here, has been upon the place and 
can shew absolute necessity of what is here offered, and would be a 
fit person (if encouraged) to send with an express, both which seem 
immediately necessary. And for the more private and speedy 
expedition it would be convenient that the ships sail as soon as 
ready, though only two at a time, and with the first the fireships, if 
possible. 1 p. An extremely confused statement. Endorsed, Read 
9 Nov. 1696. [Board of Trade. Jamaica, 8. No. 26.] 

[Nov. 9.] 376. Captain Lilly to Bartholomew Gracedieu. I am forced 
to leave town this morning, but will attend you on Wednesday 
without fail. Meantime I don't know well what to say as to the 
French design upon Jamaica nor what can be done in this 
exigency, unless a sufficient number of men-of-war to beat them at 
sea might be sent. In default of that a sufficient number of fire- 
ships might be sent out, to be there before the enemy, and to 
anchor at the entrance to Port Royal so as to burn and destroy 
them if they attempt to come in. Two or three more men-of-war 
might also be sent to lie within the harbour's mouth. I think the 
sending of fire-ships would be a practicable expedient to keep the 



AMEEICA AND WEST INDIES. 199 

1696. 

enemy in awe till relief can be sent ; for if they have a design upon 
Jamaica, they cannot (at least not without great difficulty) make 
conquest of it unless they begin with Port Eoyal, for that place is 
the key and entrance to the conquest of the rest. I must confess 
that the enemy may pass it if they find too great danger in 
attacking it, and perhaps go down to Old Harbour and Withywood 
as they did before, but in that way they will hardly master the 
whole Island, for, if Port Royal be safe, Liguanea may hold out for 
a great while, in spite of the loss of the rest, until succoured from 
home. Signed, 3. Lilly. 1 p. Endorsed, Read 9 Nov. 1696. [Board 
of Trade. Jamaica. 8. No. 27.] 

Nov. 9. 377. " Misdemeanours of some of the Commanders of the 
King's ships in the plantations." Captain Richard Finch, late 
Commander and purser of the Henry, prize, in Virginia in 1691- 
1692, having seventy five or more men allowed to him, gave many 
of them leave to sail in sloops belonging to the inhabitants and on 
merchant's employ, for wages. One of them (a midshipman, I 
take it) went mate of a barque from James River to Barbados. 
She was cast away on her return and several men were drowned, 
the mate narrowly escaping. He seldom had thirty men and boys 
(with officers and all) aboard in the King's service, and they were 
in want of clothes, whereby the King had little or no service done 
all the time he was there, from that ship. Major William Wilson 
can testify to this. Captain Finch had not men enough aboard to 
careen his ship when he was to come for England, but had Captain 
Isaac Townsend's men to help him. A little before his sailing for 
England he pressed planters and other poor inhabitants who had 
wives and children, and carried some of them to England, to the 
great disturbance of the country. 

Captain Thomas Evans, Commander and purser of H.M. frigate 
Richmond at New York in the year 1694 and since, keeps a common 
brew-house and bake-house at Fresh Water near New York, as 
several witnesses can testify. Captain Gales, master of a brigantine 
which arrived not long since, is either the mate or some other 
officer belonging to the Richmond. He can say from whom he took 
his bread and beer for his voyage, and whether he is discharged 
from the frigate or still on the purser's books. He can also inform 
you how many men were usually aboard the frigate, and he and others 
can tell whether Captain Evans and his family do not live ashore, 
and how he carries himself to gain the masters of ships and others 
to be his customers. The informer does not put his name to this 
paper lest he should fall under a displeasure which he cannot bear. 
1J pp. Endorsed, Reed, and read 9 Nov. 1696. [Board of Trade. 
Plantations General, 4. A T o. 15.] 

Nov. 9. 378. The Council of Trade to the Master General of the 
Ordnance. Asking for a return of the ordnance stores supplied to 
the Colonies since the beginning of the King's reign. Signed, 
Bridgewater, Ph. Meadows, Wrh. Blathwayt, John Pollexfen, John 
Locke, Abr. Hill. [Board of Trade. Plantations General, 34. 
p. 81.] 



200 COLONIAL PAPERS. 



1696. 

Nov. 10. 379. Copy of a correspondence between Governors Fletcher 
and Nicholson. Governor Fletcher to Governor Nicholson. New 
York, 22 June, 1696. I have not been able to obtain one man from 
any of the neighbouring Colonies towards reinforcing our frontiers, 
but with some difficulty have recruited the King's Companies. 
Three of them are at Albany, which is all the force that I can make 
for defence of that place. My own company is in this fort. The 
burden of this province is very heavy ; it must sink without assist- 
ance. I shall not be wanting, I hope, in any part of my duty, but 
endeavour to overcome all difficulties as becomes a loyal subject and 
an honest man. Sir Edward Andros sent 1,000, New York money. 
The sum you mention in yours of 19th May would be a seasonable 
kindness in our great necessity. 

Governor Nicholson to Governor Fletcher. Port of Annapolis, 
Maryland, 8 July, 1696. I have communicated yours of 22 June 
to the General Assembly and enclose their resolution in answer 
thereto. We have no account of the arrival of our London ships 
yet, so no European news. 

Here follows, Copy of a proposal sent by Governor Nicholson 
to the Burgesses of Maryland to send further assistance to New 
York, Governor Nicholson offering to lend the money if wanting. 
Answer of the Burgesses thanking the Governor for his generous 
offer, but declining it as they think that they have already sent 
enough assistance to New York. 

Governor Fletcher to Governor Nicholson. New York, 10 Novem- 
ber, 1696. I have met the Sachems of the Five Nations and have 
endeavoured to confirm them in their friendship. Details are 
enclosed. I have intelligence that the French intend to attack 
Albany this winter and that they have recruits from France, which 
is confirmed by Captain Paxton, who was lately a prisoner in a 
French man-of-war. A party of thirty-one French and Indians 
was sent out from Montreal with orders to do all possible mischief 
against us, and if possible to gain prisoners and intelligence. Our 
Indians encountered thirteen of them near Albany, and took two 
besides the Captain, who was wounded and is since dead. We sent 
out a party to cut off the retreat of the rest, which destroyed their 
canoes and killed a party of seven of them. I am just embarking 
for Albany, where I think it needful to reside this winter. I have 
no assistance from the neighbouring provinces. The ichole, 2 pp. 
[Board of Trade. New York, 6. No. 73.] 

Nov. 10. 380. Minutes of Council of Barbados. Order for H.M.S. 
Newcastle to cruise to windward, taking eighty of the "White- 
coats " on board. The Assembly brought up an answer granting 
an additional allowance to certain sick seamen, and an address for 
speedy despatch of the bills before Council. Order for the Treasurer 
to supply a set of French colours. 

Nov. 11. The Council finding from Governor Russell's instructions that 
they could not sit as a Court of Admiralty appointed Jonathan 
Langley to be sole Judge of Admiralty. [Board of Trade. 
Barbados, 65. pp. 161-162.] 

Nov. 11. 381. The Attorney and Solicitor General to the Council of 
Trade and Plantations. We see no objection to the laws of Antigua 



AMEBICA AND WEST INDIES. 201 

1696. 

and Montserrat submitted to us on September 15 ; but we are 
doubtful how far the Act of Montserrat for encouraging the 
importation of white servants may tend to encourage spiriting away 
Englishman without their consent and selling them there for slaves, 
which has been a very frequent practice and is known by the 
name of kidnapping. For it is enacted that there shall be paid 
from the public Treasury for each able white servant delivered 
on shore 2,500 Ibs. of sugar, and the Governor and two of the 
Council are empowered to place the servants so imported on any 
plantation where they are wanting, the occupier whereof is to 
reimburse the treasury. Signed, Tho. Trevor, Jo. Hawles. 2^ pp. 
[Board of Trade. Leeward Islands, 5. X<>.15; and 45. pp. 32-34.] 

Nov. 4i. 382. The Envoy of Brandenburg to the King of England. The 
Island of Nieu-Ter-Tholen [Tortola] , one the Caribbees, has in virtue 
of several treaties of cession and sale, long been in the hands of private 
individuals, subjects of the United Provinces, and lastly of the heirs 
of William Huntum, by deed of sale by Abraham and Peter Adriansen. 
Shortly after Huntum's death, the war between France and the 
United Provinces broke out, and his widow and heirs placed the Island 
under protection of Governor William Stapleton of the Leeward 
Islands, on the express condition that it should be restored at the 
close of the war. When peace was made, the proprietors applied 
to Sir W. Stapleton for restitution of the Island, who answered that 
he could not do so without an order from the King. In 1684 the 
proprietors, with the support of the States General, made applica- 
tion to King Charles II. for restitution of the Island, M. van Citters 
presenting a memorial on the subject on the 16th of March, 1684. 
He was answered that Sir William Stapleton was about to return to 
England, and that the affair would be taken in hand as soon as he 
arrived. Meanwhile King Charles died, and M. van Citters received 
orders to renew his application to King James, which he did in 
May 1686. Sir William Stapleton had meanwhile returned, but 
the business was deferred, owing to the state of his health, which 
compelled him to go to France. In August 1786 M. van Citters 
presented another memorial asking for the restitution of the Island 
to its owners without further delay, and the King promised to 
give positive orders to Governor Sir Nathaniel Johnson to 
that effect, which promise was confirmed in writing by Lord 
Middleton ; but Sir N. Johnson's departure was long delayed ; 
and then with the Pievolution and the war the matter was 
forgotten. Meanwhile by a deed of 21 June, 1695, the proprietors 
sold the Island to Sir Joseph Shepheard, merchant of Rotterdam, 
who has made Sir Peter Vanbell his agent to take possession 
of the Island. By Sir Peter's request I beg you to order 
the Governor in the Caribbees to restore the Island to him. The 
Island is of little value, having been last sold for 400, and there 
are only four or five families on it, but as a matter of justice I 
beg that your Majesty will order its restitution. Signed, J. E. van 
Danckelman. French. 7J pp. Endorsed, B. i Nov. 1696, 
Annexed, 

382. i. Certificate of the sale of the island of Nieu Ter 

Tholen to William Huntum. 23 Feb., 1663. Copy. 

Dutch. 2 pp. 



202 COLONIAL PAPERS. 

1696. 

382. n. Memorial of Ambassador van Citters to King 

Charles II. for restoration of the Island. 31 March, 

1684. Copy. French. 1J pp. 
382. in. Copy of a letter from Ambassador van Citters to the 

States General, reporting the verbal answer to his 

memorial. March, 1684. Dutch. 1 p. 
382. iv. Further memorial of Ambassador van Citters to 

King James, renewing his request for the restitution of 

the Island. T 7 r August, 1(586. Copy. French. 2 pp. 
382. v. Copy of a letter of Ambassador van Citters to the 

States General. 30 Sept, 1696. Eeporting the King's 

verbal promise to restore the Island, in reply to his last 

memorial. Dutch. 1 p. 
382. vi. Copy of a letter from Lord Midleton to Ambassador 

van Citters, promising speedy restitution of the Island. 

French. 1 p. 
382. vn. Copy of the deed for sale of the Island to Joseph 

Shepheard. 21 June, 1695. Dutch. 6 pp. 
382. vin. Copy of the letter of Attorney to Peter Vanbell to 

take possession of the Island. Dutch. 2 pp. [Board 

of Trade. Leeward Islands, 5. Nos. 1.6, 16i.-vm. and 

(without enclosures) 45. pp. 25-29.] 

Nov. 11. 383. Council of Trade and Plantations to the King. 
Eeciting the contents of Governor Codrington's letters of 12 Feb- 
ruary, 5 May and 2 September, and recommending that the resettle- 
ment of the French part of St. Christophers be discouraged without 
a further assurance of lasting possession, which cannot be relied on 
at present, and that the substitution of the quit-rents for the four 
and a half per ecu t. duty be not sanctioned. Signed, Bridge water, 
Tankerville, Ph. Meadows, Wm. Blathwayt, John Pollexfen, John 
Locke, Abr. Hill. [Board of Trade. Leeward Islands, 45. pp. 
18, 19.] 

Nov. 11. 384. An account (in the form of a letter) of Commodore 
Wilmot's expedition to Hispaniola. You ask me why the men died 
so fat and why so little was done in the late expedition to Hispaniola. 
Many others have asked me the question, and as it is now a matter 
for the King's service, I give you my opinion. In the first place 
Europeans in those hot countries die faster than here, but the men 
in the expedition died faster than usual even in the West Indies. 
The King had taken care to provide the fleet with cooling and 
wholesome foods, such as flour, barley, currants, etc., but I believe 
that they were so sparingly delivered, when they were delivered at 
all, that the want of them may well have contributed to the great 
mortality. After most of the men were dead, these stores were sold 
at Jamaica. The extraordinary length of the voyage was one great 
cause of the mortality. It was six months and a half from the 
time when we left Plymouth to our arrival at Jamaica; and all the 
while the men were enduring either hardships on ship-board or 
fatigues- ashore. The men too were exposed to needless fatigues 
which occasioned them to fall away as though the most contagious 
plague were among them. Thus, about the 20th of May, at Cap 
Francois, which was our first landing-place, the Commander of the 



AMERICA AND WEST INDIES. 203 

1696. 

land-forces had, by general report, about 900 men landed in health 
and fighting condition. Some days afterwards he undertook a very 
tedious march through a vast wilderness, when the men were 
exposed to want of provisions and incredible fatigues through the 
woods and bushes. They were forced to wade over vast rivers, 
crossing one in particular forty or fifty times and generally up to 
their necks, and there were neither roads nor paths but such as 
were made by floods. For what reason he did this I cannot tell, 
for there was no enemy to engage nor plantations to ruin, and he 
might very easily have gone by sea without the risk of losing a man. 
There were ships enough to have transported his forces and the 
Spaniards to Port de Paix, where after fifteen days of such difficult 
march he arrived. I counted his numbers as he advanced to the 
place appointed to him near the fortress, and there were not above 
thirty-seven files, four deep. I know of none that were on duty 
except a serjeant and twelve men ; which in all could not make up 
above 160 private men. Now this sudden and great loss of men 
could have been due only to the needless fatigues of this march, 
for so far they had yet been in no engagement. This Regiment 
left England with 1,200 men besides officers, and all this happened 
before the enemy offered to defend themselves. In like manner 
the seamen were harassed to and fro and exposed to needless 
fatigues by the covetousness, jealousies and misunderstandings of 
the commanders-in-chief, each of them following -his own caprices 
instead of joining with the other, until ruin and calamity ensued. 

As to the little service done, more remains to be said. Two 
heads on one body seldom do well, and this was one cause of our 
miscarriage both at Hispaniola and at Martinique, where also I 
served as engineer. The King particularly exhorted them to agree, 
but this exhortation was not attended to after we entered 
latitude 36, when at a Council of War they disagreed about the 
pre-eminence of their officers sitting. At St. Christophers they fell 
out to that degree that upbraidings of cowardice and several 
unbecoming words passed between them in the presence of 
General Codrington and others, where it seemed to me that the 
Commodore was the oppressor. When wS came to enter upon 
action they still harped on the same strings, and I declare that in 
eleven sieges and half as many field-battles that I have seen, I have 
never witnessed such disorders and disagreements. At the siege 
of Port de Paix, for instance, the land-forces and the Spaniards 
attacked it on the east side (where my duty called me with the 
train of Artillery) and the Commodore and seamen landed and 
attacked it to westward. They kept two distinct camps and 
never corresponded together. Each called his own Council of 
War, each protested against the other's doings, and both 
shewed a jealousy of me because I tried to dissuade them from 
these irregularities, and could not forbear protesting against 
the proceedings of both, though at the same time I .could 
not avoid obeying the Commander of the land forces, notwith- 
standing his false notions of the thing we were about. Another 
chief reason why so little was done in the expedition was 
the delay of time. At Madeira and St. Christophers together we 
lost twelve days, whereas three at each place would have sufficed. 



204 COLONIAL PAPERS. 

1696. 

At St. Domingo, after the agreement with the Governor was 
arranged and the Spanish forces were on march, we stayed five 
days; and some would think eleven days' delay before the time of 
action to be of little consequence, yet it added to the time of keeping 
the forces on ship-board and so to the weakening thereof. On enter- 
ing upon action it was the same. On the 20th of May we were 
masters of Cap Francois, yet we stayed there till the 30th, whereas 
the destroying of the fortifications (consisting only of a small 
redoubt and a line of batteries on the seaside), the carrying off of 
39 pieces of cannon, and the ruining of a few plantations might as 
well have been done in two days as two years, there being but 300 
of the enemy thereabouts, who fled to the mountains. This makes 
the days of delay up to nineteen. On the 30th of May the Com- 
mander of the land forces began his march through a wilderness, 
without any reason that I could perceive, and after fifteen days' 
march arrived on the 14th of June before Port de Paix, whereas 
we might easily have gone there by sea in a day or two. This 
increases the delay of nineteen days to thirty-two. Before this 
place the Commander of the land forces remained seven days at 
a distance before he could be persuaded to draw near so as to lay 
violent hands on it. It was also seven days before the Commodore 
landed with the seamen to attack it, and thus, by the misunder- 
standing of those two officers and their ignorance in military affairs 
much time was spent. Very few men at a time, or none at all, were 
allowed for carrying on the works, the landing of the ordnance and 
the transporting of it to the batteries was neglected. The Commo- 
dore made a breach on his side of the castle without opening the 
way to it through the other fortifications. The Commander of the 
land forces on the other side breached the outer works, but had no 
men left for an assault, had it been needed ; and, what was worse, 
the place was not assaultable at the place where he would have it, 
though advised to the contrary, it being a rocky precipice. Thus 
they did divert themselves for full twenty days, whereas a week 
would have sufficed for the taking of the place if they had taken 
right measures, as I told them when I first viewed the place. If 
the French Governor had been versed in soldiery I am sure that 
the way in which we went to work could not have forced him to quit 
it. Yet thus there was, at the lowest computation, twelve days 
misspent, which added to thirty-two make forty-four. Again, after 
the enemy quitted the place we remained there full thirteen days, 
whereas four or five would have sufficed for carrying off the cannon 
and for ruining the fortifications more than we did. This added to 
forty-four, makes fifty-two days lost by delays. Half of that time 
would have sufficed for the destruction of the rest of the enemy's 
settlements in Hispaniola, for they had no more fortifications, and, 
by the best intelligence, not above 800 men in the body to oppose 
us ; whereas we, with the Spaniards and seamen, could land 3,000 
besides 500 in Jamaica ready to come to our assistance. The 
Governor of that Island sent one of his Council in a man-of-war to 
join us a month before we entered in action, and after that another 
man-of-war and two sloops, every one of them (as I hear) carrying 
messages to that purpose ; but the commanders would send him no 
answer, whether through jealousy, self-interest or from what motive 



AMERICA AND WEST INDIES. 205 

1696. 

I leave them to declare. Thei-e is no doubt that we could have 
destroyed all the French settlements in Hispaniola if things had 
been rightly managed. These are my reasons why the men died 
so fast, and why so little was accomplished. I could say much 
more as to the ill conduct and irregularities that were committed 
during the expedition. 

You ask me next what measures can be taken to have better ser- 
vice done and to preserve the men's lives in such expeditions. This 
is more difficult to answer. First I wish that the commanders, 
both by sea and land, should be expert men of tried courage and 
conduct. Courage may be natural to a man, but expert 
military conduct cannot be acquired without diligent application 
and great experience. It is in my opinion a very wrong notion 
that a man, who by the purse or the blindness of fortune has 
usurped a title, should be let loose in the world with an army 
at his heels. The person should make the title good, not the title 
the person. Next, as I have said, the Commander should have sole 
command by sea and land, so that there shall be no rival to frustrate 
his designs through jealousy, no divisions, and no delays nor con- 
fusions. In defect of either I should prefer the Commander to 
abound in knowledge of land-service rather than that at sea. The 
actions are generally ashore, and the fleet does little more but 
transport the forces from place to place. In land-service the variety 
of circumstances require much consideration, while at sea each 
captain knows how to engage an enemy's ship. If the assistance 
of ships is required for land-actions, measures are commonly 
taken by a Council of War. Thirdly, one man or more 
of equal capacity should be appointed to take the Commander- 
in-Chief's place if he should die or be disabled. Seniority is 
but a bad rule in such cases, for the longest apprenticeship does 
not always make the best workman. Next, as to the men. It is 
known by experience that it is difficult to get men to go on these 
expeditions, which are so full of risk and of hardship. I cannot 
tell how to remedy this unless the King increase the salary, as is 
done for miners and others who are exposed in sieges to extra- 
ordinary peril. Then I think the King would have as good officers 
and men to serve him in the Indies as at home. Besides, their 
salary during their stay should be proportioned to the price of 
commodities and provisions, which in Jamaica are 100 per cent, and 
more greater than at home. The number of men to be employed 
must depend upon the design. At Martinique, which is the 
strongest French settlement in the West Indies that I know of, 
there are about 3,000 men who can easily be collected, one fort, 
St. Pierre, which is inconsiderable, and another, Fort Eoyal, which 
is the strongest place that the French have in the West Indies, being 
upon a high flat rock and on a peninsula whereof the isthmus is 
low and almost level with the sea. To reduce it therefore, there 
would be required at least six or seven thousand men ashore, ten 
battering cannon, four field-pieces, four middle-sized mortars and 
2,000 bombs. Even so Fort Royal would furnish them with a 
tough piece of work if the Governor thereof understands his 
business. At Hispaniola there are about 2,000 fighting men of the 
French, not easily to be gathered into one body. There is but one 



206 COLONIAL PAPEES. 

1696. 

fort of any moment, so for its reduction 4,000 men ashore, 8 
battering cannon, 4 field pieces and two mortars with 800 bombs 
should suffice. Now as to the ordnance to be sent. I have set 
down certain figures, but it would be far better to send more than 
less. Good husbandry in fitting out an expedition commonly turns 
to decuple loss ; after the expedition is fitted out, the good husbandry 
is valuable. Next, at least one good and expert engineer should 
accompany the General, in case his knowledge of fortifications 
should be defective. As a rule one, or few, are allowed on these 
expeditions. An ignoramus will only multiply the General's errors 
ten-fold, so the engineer should be one who has the theory of his 
profession by heart, and has had his hands in a great deal of the 
practice, for in a siege almost as much depends on him as on the 
Commander-in-Chief. When the ordnance and stores are fitting 
out (and they should be exquisite good, for there is no arsenal to 
receive them) I would have the General and the engineer to be 
liberal in their inspections and to reject unserviceable articles. 
They as well as the Commissary should have a perfect list of what 
is sent out, with a particular account where everything, from the 
least linch-pin to the heaviest cannon, is laid in the ships, that 
there may be no delay or difficulty when the time comes for landing 
them. All officers, gunners and others of the train should be expert 
men, so that when the time comes for action they may not have 
their profession to learn, nor the King have to pay dear for their 
learning. I shall not meddle with the number of transports and 
men-of-war, which must depend upon the design and the enemy's 
strength, but I could wish alteration to be made in the number 
of men sent in the ships of war, and in the provisions for them 
and for the rest of the forces. The crews of ships of war sent 
to the West Indies are commonly lessened before they proceed 
on their voyage, where their number is yet faster reduced by their 
sufferings, their own intemperance and the climate, to such a 
degree that after a short stay there a third or fourth rate frigate 
shall hardly withstand a privateer. This leads them to rob our 
Colonies of men, which risks the loss of the Islands when the 
enemy think fit to attack them. This, methinks, is a sad case, and 
might be remedied by rather augmenting the number of men in 
the King's ships before they are sent to the West Indies. But this 
is rather out of my sphere, so I shall not insist thereon. Next, the 
men in these voyages commonly feed much on salt provisions, which 
makes them more subject to fevers and leads them to drink great 
quantities of liquor, which, when the water grows bad, causes 
fluxes and other diseases. I wish that instead of the greatest part 
of the salt provisions there could be carried a great many sorts of 
vegetable products, which in my opinion could be as cheaply and 
easily carried, and being wholesome cooling food would be better 
fitted for those climates. I am apt to think that this would save 
thousands of men's lives. 

When all the aforesaid things are regulated, I would have it done 
with greater privacy than heretofore, for I have observed that in 
several like cases our designs have been talked of for six months or 
more beforehand, which enables the enemy to prevent them. When 
everything is in readiness I would not have the men embark till 



AMERICA AND WEST INDIES. 207 

1696. 

just when the ships are ready to sail. That being done, and the 
Commander-in-Chief having received his instructions, I would have 
him take a firm resolution to lead a sober and temperate life, and 
endeavour by persuasion and example (but whereas that seldom 
prevails, by enforcing the laws provided for the same) to have the 
same temperance and sobriety observed by all the forces under his 
command. This is a very material point, and absolutely necessary 
in these expeditions. He should issue his sailing-orders exactly to 
each of his ships (this was omitted in the last expedition but by 
chance caused but a week's delay) and proceed on his voyage, not 
stopping above a day or two, if possible, where he touches for water 
and other necessaries. He should all along endeavour to keep unity 
and friendship between the officers, soldiers and seamen, do careful 
justice to all, cause the provisions to be regularly and exactly distri- 
buted, and suffer no suttling at all among the men or anybody, for 
it will only lead to intemperance and so to mischief. Arrived at 
the place of action he should consult his orders carefully and call his 
officers also to consultation, for several heads will always see and know 
more than one. I will not lay down the rules for him in the field 
or at a siege, for that would demand a volume, and I suppose him 
to be a man who is no novice therein, and is acquainted with the 
enemy's methods of fighting there. They generally have very long 
fire-arms, with which they generally fight in ambuscade or under 
covert. There is seldom horse to be encountered, so pikes are of no 
use. He should expose his men to as little fatigue as possible, 
but what cannot be avoided should be clone off-hand while the 
men are in health, lest sickness should come upon them and 
force him to leave the King's work undone, as usually has 
happened. He should dispatch his business with vigilance and 
expedition, and avoid confusions and delays as the most pernicious 
things in all military achievements. When he has done what he 
has been ordered to do I would have him immediately retire to re- 
fresh his forces, still observing temperance and sobriety, on which 
depends the saving of many men's lives. If these methods were 
followed, there would I think be better service done and many more 
men's lives preserved. 

Lastly as to the information you require as to secure Jamaica, I 
would answer (1) It should be better fortified. (2) It should be 
supplied with more men. The inhabited part of Jamaica is for the 
most part naturally fortified, from Roundhill all along the back side 
of Withywood and Guanaboa, to the northernmost part of Sixteen 
Mile Walk, there runs a long chain of mountains which secures the 
aforesaid places on that side. From the northernmost part of 
Sixteen Mile Walk all along the back side of Liganee to the Eock 
there runs another long chain of mountains, which secures part of 
the country about Sixteen Mile Walk and all Liganee on that side. 
From the Rock runs an isthmus of ten or twelve miles long to Port 
Royal, which secures all Liganee on the sea-side. Over against 
Port Royal begins a rocky shore, which continues almost to Old 
Harbour, and secures a great part of the lowlands between 
Spanishtown and the sea. These are the natural fortifications 
which protect the only part of the Island now inhabited. It follows 
that there are five places to be seized and fortified. The first (but 



208 COLONIAL PAPERS. 

1696. 

one of the least material) is Sixteen Mile Walk, where there is a 
narrow pass from the north side ; there a small redoubt for one or two 
hundred men would suffice. The second is at the Eock, where 
there is a small but difficult pass; here a small traverse 
with five or six field-pieces would be sufficient, for the building of 
which orders were given when I was there. The third and fourth 
places are Old Harbour and Withywood, in each of which there 
should be a good strong field-force with some small redoubts or 
other entrenchments where it is necessary.. For these last some 
advantageous situations should be chosen, where the forces could 
repair as their place of arms. These forts could be built of earth, 
wood and fascines, and secured with good strong palisades, of all of 
which matters the country affords abundance. I do not pretend that 
two field forts will prevent an enemy from landing, for there are 
several landing-places, but I am sure that an enemy will not venture 
into the country and leave unreduced fortifications behind them, to 
cut off their retreat and their communication with their ships. If 
an enemy should attack the said forts, that would give time for the 
rest of the forces in Jamaica to come to their relief. The fifth and 
most material place is Port Royal, which lies on the point of a long 
peninsula, and not only covers all Liguanea but a great part of the 
rest of the inhabited country. There is a small fort there, I con- 
fess, but of little significance in case of an attack. It is something 
like a square redoubt of forty or fifty paces to a side, with two 
small bastions towards the town, but nothing towards the sea but a 
small semi-circular advance in the middle of that side, capable of 
containing three or four pieces of cannon. The walls are built 
after the ancient way of fortifications and are not cannon-proof. 
The embrasures are arched over, and so large as to be more like 
gates for the enemy to enter at than port-holes. There is not so 
much as a trench or palisade round it, and I believe not six pieces 
of cannon that can bear at one time upon a ship when opposite to 
it. Outside this fort, when I was there, was a long line of 
cannon, but so extremely exposed to the enemy's fire that it 
would be hard matter for anyone to use them in case of an 
attack, and they are of no use at all in case an enemy 
gets into the harbour, for they can then be taken in reverse. 
This is the chief artificial fortification of Port Royal, and the natural 
fortification is not much except that it is now an Island, for the 
town is all open to the harbour and partly to the sea. In my 
opinion, therefore, there would be no great difficulty for a small 
fleet to master it, and less risk than in encountering two stout 
men-of-war, were it not for our own ships in the harbour, as I can 
explain if required. This place, being the bulwark and gate to the 
conquest of the Island, should be better secured. The side of the 
fort towards the sea, already falling down, should be rebuilt in 
some figure better suited for its defence, and the whole should be 
surrounded by a good deep ditch and a row or two of strong 
palisades. The embrasures should be lessened to two feet at most 
to protect the gunners at their guns. The battery on the east side 
should be made defensible and cannon proof. The plot of land to 
north-west of the fort should be taken into a horn-work and fitted 
for several guns, to defend it against attack in reverse. To 



AMEEICA AND WEST INDIES. 209 

1696. 

eastward of the town a work should be thrown up to cover it against 
the isthmus, and to guard against surprises by boats on that side. 
These fortifications could also be built of earth and wood ; which 
would save much expense and would suffice if they lasted to the 
end of the war. Also the Island requires 1,000 men at least to 
guard the fortifications. There is great want of good gunners, but 
above all of a skilful engineer. Two more eleven-inch mortars 
should be sent out, with 800 bombs. These are most part of the 
things which, in my opinion, are absolutely necessary at Jamaica, 
and if the Island should be put into this posture of defence I do not 
question that it would be in a thriving condition again, for the people 
would think themselves and their estates to be in security and so the 
place would increase in strength and riches, whereas in its present 
defenceless condition people are afraid to live there, but send their 
best effects to England and come away themselves if they can afford 
to live there. Thus the place runs more and more to ruin and will 
fall into the enemy's hands if better care be not taken. And if once 
an enemy gains possession, the Island will in my opinion never be 
recovered, for they will doubtless make better use of the situation. 
If the King send men, as aforesaid, and allow some thousands of 
pounds for the fortifications of Jamaica and everybody there would 
lend a helping hand with their slaves to build them, I think that 
everything could be done. But this will take time, and as the 
enemy is said to be fitting out an expedition to attack the Island, 
and it will take too much time to fit out a fleet to cope with them at 
sea, I would send out several fire-ships to lie at the entrance of 
Port Royal so as to lay some of the enemy's fleet on board as they 
enter the channel by the fort, for the channel is narrow not, I 
think, above a musket-shot broad and if some of the enemy's 
ships are set 011 fire, the confusion would probably overthrow the 
whole. I think this the best expedient for immediate defence, for, 
as I have said, without Port Royal the enemy will hardly be able to 
conquer the Island. They may pass it and get down to Old Harbour 
and Withy wood, but it will take them a long time to master the whole 
Island, for while Port Royal is safe Liguanea may hold out for a 
long while or until succoured from hence. Copy. Unsigned, but 
evidently the work of Captain I Ally. 11 closely written pages. 
Endorsed, Reed. 11 Nov., 1696. [Board of Trade. Jamaica, 8. 
No. 28.] 

Nov. 11. 385. Journal of Council of Trade and Plantations. Mr. 
Brooke and Mr. Nicolls attending were asked as to the misbehaviour 
of Captain Evans, and answered that they knew of no ground of 
complaint against him. Captain Gales spoke to the same effect, 
and added that he had heard nothing of intimidation by Governor 
Fletcher at the elections in New York. The representation to the 
King respecting the Leeward Islands signed. The Jamaica mer- 
chants attended, bringing with them Captain Lilly, who presented 
an account of the late expedition to Hispaniola and proposals for the 
defence of Jamaica. The merchants pressed for six men of war, 1,000 
soldiers and two fire-ships ; and the Board having heard them drew up 
their representation in the business. An Order in Council respect- 
ing an appeal in the matter of the ship Experiment was received. 

28181 O 



210 COLONIAL PAPERS. 



1696. 

Kor. 12. Mr. Randolph reported that the question of Attorneys-General in 
the Colonies had been referred back to the Board. The representa- 
tion respecting Jamaica was signed. 

NOT. 13. Mr. Jeremiah Bass attended on behalf of the proprietors of Colonies 
in America and desired more time, whereupon he was directed to be 
ready with his answer on Monday next. Further evidence as to 
Captain Evans's alleged misconduct was heard. The New York 
Agents presented a memorial as to the defence of New York (fee 
Ao. 394) and were referred to the Board of Ordnance. [Board of 
Trad*. Journal, 9. pp. 223-231.] 

Nov. 12. 386. Order of the King in Council That the Council of 
Trade signify to Governor Codrington the Ring's approval of 
their representation against the settlement of St. Christophers and 
die change of the four and a half ptr cent, duty on that Island. 
Si-wed, Rich. Colinge. i p. Endontd, Read" 16 Nov., 1696. 
B-:-ard oj Tradt. Leeward Islands, 5. So. 17 ; and 45. p. 20.] 

Nov. 12. 387. Order of the King in Council. That advice-boats be 
nsMi:-::. gen;, with warning of the French preparations against the West 
Indies, to Jamaica and Barbados, one of which shall also call at 
>t. Domingo. Si-jntJ. Rich. Colinge. i p. Endorsed, Read 
16 Nov.. 16i6. [Board <>i Tradf. Jamaica. 8. Xo. 29; and 56. 
p. 36.] 

Nov. 12. 388. Commission of the Proprietors of the Bahama Islands to 
Nicholas Webb to be Governor of the said Islands. [Board ot 
Tr&le. Proprieties. 25. pp. 21-23.] 

Nov. 12. 389. Instructions of the Proprietors of the Bahamas to 
Nicholas Webb. 100 acres of land are to be set out for the 
Governor, and 50 acres in every parish for support of a minister. 
Settlers may receive up to 25 acres apiece with as much for then- 
wives and for each child and servant over sixteen years old, at a 
yearly rent of one penny per acre. No man's land is to have greater 
frontage to the sea than one fourth of its depth. Licenses may be 
granted for cutting wood for export, for searching for ambergris 
and for fishing up wrecks. [Board of Tradf. Proprieties, 25. 
pp. 23-26.] 

Nov. 12. 390. Further instructions of the Proprietors of the Bahamas 
to Nicholas Webb. These relate to the rules of government. The 
Assembly is to consist of 24 members elected by the freeholders, 
who will elect six members to sit with the six deputies of the 
Proprietors as a Conncfl. The Assembly is to be summoned at 
least in November of every second year. [Board of Trade. 
Proprieties, 25. pp. 26-28.] 

Nov. 12. 391- Council of Trade and Plantations to the King. We 
have received letters from Sir William Beeston of 4 and 5 July, and 
have received information of a deet now fitting out in France which 
amis likely to be directed against Jamaica. We recommend the 
lrii of advice-boats to warn all the Governors of the English 



Islands and the Governor of St. Domingo, that two fire-ships be 
sent at once to Jamaica with materials to fit out fire or six more, 



AMERICA AND WEST INDIES. 211 



1696. 

and that a skilful engineer be also sent thither. Signed, J. Bridge- 
water, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Jno. Locke. 
[Board of Trade. Jamaica, 56. pp. 34-35.] 

Nov. 12. 392. Order of the King in Council. Referring a petition 
Kensington, from the merchants, traders and others of Bideford to the Council 

of Trade and Plantations for report. Signed, Rich. Colinge. 1, p. 

Annexed, 

392. i. Petition of the Merchants of Bideford to the King. 

We congratulate your Majesty's safe arrival and rejoice 
in your glorious return ; but even our sense of so great 
a blessing cannot make us forget our losses, and we beg 
to lay before you the deplorable condition of Newfound- 
land and our losses there through the insults of the 
French, who, on the llth of September last, invaded 
the country with eleven ships and several hundred men, 
took twenty-nine ships, and by a general devastation 
ruined what they could not carry off. The poor inhabi- 
tants who yet remain there are forced to swear fealty 
to the French King. The rest they sent home in ships 
that they gave them, of whom some hundreds are 
arrived and the rest are daily expected. We beg you 
to consider this heavy loss to the nation and especially 
to this port, which will be utterly ruined unless New- 
foundland be recovered and a free fishery be secured. 
Signed, Jno. Langford, Mayor, ant] by twenty others. 
Large sheet. The irhole endorsed, Reed, and read 
16 Nov., 1696. [Board of Trade. Newfoundland, 3. 
\os.-2, 2 1.; and 25. pp. 29-30.] 

Nov. 12. 393. Order of the King in Council. Referring the petition 
of the merchants and others of Barnstaple to the Council of Trade 
and Plantations for report. Signed, Rich. Colinge. p. Annexed, 

393. i. Petition of the Merchants, Traders and Seamen of the 
Corporation of Barnstaple to the King. We congratu- 
late your Majesty on your safe return, but beg to lay 
before you our losses through the late destruction made 
by the French in Newfoundland. Not only have we 
suffered immediate loss, but if the enemy should settle 
and fortify themselves in the places that they have 
taken, we shall be dispossessed of our fishing trade in 
Newfoundland, which by English labour and industry 
has long been of mighty advantage to the nation. 
Great numbers of seamen have thereby been trained 
every year, large quantities of bullion brought into the 
country and the customs much advanced by the impor- 
tation of foreign commodities. We beg that a sufficient 
number of ships and land-forces may be sent to New- 
foundland in time to prevent the loss of next fishing 
season, to regain the places lately captured from us and 
to resettle the English in a secure trade there. Thirty - 
three signatures. Large sheet. The whole endorsed, 
Reed, and read 16 Nov., 1696. [Board of Trade. 
Newfoundland, 3. Nos. 3, 3i. ; and 25, pp. 31-33.] 



212 



COLONIAL PAPERS. 



1696. 
Nov. 18. 



Nov. 16. 

Whitehall. 



Nov. 16. 

Custom 

House. 



394. Memorial of the Agents for New York to Lords of Trade 
and Plantations. We have already laid before you the condition 
of New York and offered an opinion as to the methods to be taken 
for the security of it and of the other provinces. We now submit 
the following particulars as very necessary for the good and safety 
of the Colony. (1) That the fort at New York be strengthened and 
enlarged, being at present only a defence against Indians, and that 
an engineer be sent over for the purpose and for the other fortifica- 
tions mentioned in our former memorial. (2) That the pay of the 
companies at New York be made sterling money. New York money 
is worth a third less than English ; twopence sterling a day is 
stopped in England for clothing, and as it costs sixpence a day New 
York money to subsist the men they are every day brought into 
debt. The excessive price of clothes in those parts makes the hard- 
ship not less to officers than to private men. The Assembly has 
found it necessary to grunt the men an additional fourpence a day 
till next May. (3) That an annual supply of stores of war be sent 
out, and that the Governor be permitted to allow the Indians powder 
from the King's stores during the war. (4) Grenade-shells are 
wanted for two small mortars in the fort at New York, also (5) Six 
large Union Hags for the King's forts. We beg that these things 
may be supplied and that New York, the barrier of all the Colonies 
in America, may receive relief and assistance. Signed, Chid. Brooke, 
W. Nicolls. 1J pp. Endorsed, Reed, and read, 13 Nov. 1696. 
[Board of Trade. New York, 6. Xn. 74.] 

395- J. Ellis to William Popple. Forwarding the memorial 
of the Elector of Brandenburgh's envoy, M. Danckelman, for the 
opinion of the Council of Trade (see AV>. 382). % p. Endorsed, 
Reed. 16. Nov. Considered 4 Dec., 1696. [Board of Trade. 
Leeward Islands, 5. \o. 18; and 45. p. 24.] 

396. Commissioners of Customs to the Lords of the 
Treasury. Forwarding a memorial from Edward Randolph 
concerning breaches of the Acts of Trade and Navigation in the 
Colonies. Signed, Robt. Southwell, C. Godolphin, Sam. Clarke, 
Ben. Overtoil. p. Annexed, 

396. i. Edward Randolph to the Commissioners of Customs. 
10 November, 1696. On the 17th of July you repre- 
sented to the Treasury that, either by the remissness 
or connivance of the Governors, the Acts of Trade and 
Navigation are not observed in the Proprietary 
Colonies, and suggested that the Governors should be 
qualified men, approved by the King and sworn to 
observe the Acts aforesaid. Notwithstanding this the 
Proprietors omit to nominate fit persons to be approved 
by the King before their entrance into the Government. 
Hence it follows that while the principals omit their 
obligations at home, their deputies cannot be expected 
to do their duty in the Colonies, so that although 
(under the Act for regulating the Plantation Trade) 
the officers of Customs and of the Admiralty Courts 
and the Commissions under the Great Seal for adminis- 
tering the oaths to the Governors are appointed and 



AMERICA AND WEST INDIES. 218 

1696. 

prepared ready for despatch, yet the Governors and other 
officers in the Proprietary Colonies are continued in 
their places and no care is taken to appoint others in 
their stead, though they maintain and support illegal 
traders as much as ever. It cannot therefore be expected 
that the frauds and other abuses complained of in the 
Colonies can be prevented unless duly qualified men, of 
good estates and reputation, be approved by the King 
as Governors, according to the Act, which will other- 
wise be to no purpose. Nor will it be worth the expense 
to send over officers and maintain them to put the Acts of 
Trade into execution so long as the Governors take upon 
them to dispense with open breaches of the same and 
to throw open their ports to illegal traders, while others 
are barred by strict oaths and penalties. The result 
must be to drain the population from the King's to the 
proprietary Colonies, where the people enjoy the benefit 
of a general trade by pirates and the Scottish trade. 
Here follows practically a transcript <;/' flic paper already 
submitted on 17 Amjust (Xo. 149) with respect, to tlic 
Bahamas and Xortli and South Carolina. The account <ij 
Pennsylvania and of other Colonies is howerer somewhat 
altered, as follows : 

Pennsylvania. William Markham is Governor. Samuel 
Carpenter and John Goodson were associated with him 
but refused to act. The Acts of Trade are not observed. 
A plain discovery has been made of nine vessels laden 
with tobacco, which from 1690 to 1695 have gone 
directly to Scotland. Moreover, Gustavus Hamilton, 
the chief factor for the Scotch merchants, last year 
carried out of the Delaware three hundred hogsheads of 
tobacco without clearing. Other vessels from the 
same place also went to Scotland with tobacco. The 
brigantine known by two names, under charge of 
William Righton and Maurice Trent, imported a number 
of Scotch goods into Pennsylvania in 1695, but was 
admitted to entry by the Collector in Pennsylvania. 
She was seized together with a Norwegian ship in 
1695, but the trial was put off pending orders 
from England. The Governor entertains several pirates 
who carry on an illicit trade with Curacoa and other 
places. By a letter of Mr. Markham to me it seems that 
he had but a small maintenance, and desired me to 
make him Collector of Customs. You will judge that 
a Governor under such necessities will easily be brought 
to connive at unlawful things. The charge of maintain- 
ing Customs-Officers and a cruising vessel in that 
province will amount to about '2,000 a year, but the 
bringing of tobacco overland to be shipped in Delaware 
Bay will be continued unless the Government be 
reformed as laid down in the Act. Pennsylvania lies 
between Maryland and New York, a most commodious 
centre for illegal trade. 



214 COLONIAL PAPERS. 

1696. 



East and West Jersey. Mr. Andrew Hamilton, a 
Scotchman, is Governor, and a great favourer of the 
Scotch traders. It was he who took the brigantine 
seized by Captain Meech out of his hands. The Secre- 
tary and Attorney-General went to the Court to defend 
the ship against the King. 

Connecticut. Colonel Robert Treat is Governor, 
elected according to Charter. He permitted a Dutch 
vessel to enter Newhaven, under pretence of wanting 
wood and water, where she landed great part of her 
loading, which was carried to New York. She then 
took horses aboard and sailed for Barbados with the 
remainder of her goods. A brigantine with a cargo 
of Scotch goods was seized by the Collector in New 
London in 1691, but he thought it better to come to 
terms with Gustavus Hamilton than to risk a trial in 
that Colony. 

Rhode Island. Caleb Carr was late Governor. This 
is a free port to pirates and illegal traders from all 
places. In 1694 a pirate from the Red Sea came thither 
with i'100,000 in gold and silver. He shared 12,000 
for himself and sloop. The people are enriched by 
them. The place should be put under a regular Govern- 
ment, the present pretenders to govern being either 
Quakers or Anabaptists. 

New Hampshire. Mr. William Partridge is nominated 
Governor by Mr. Samuel Allen and approved by the 
King. 

Massachusetts. Though the King has the appointing 
of the Governor, yet illegal trade is carried on as much 
as ever to Scotland, Holland, France, etc., for want of 
a Governor to suppress this trade and support the 
Customs-Officers in the execution of their duties. Mr. 
William Stoughton is Lieutenant-Governor, a good 
scholar but not bred up to military discipline. The 
country lies always open to the attack of French and 
Indians. So far they have made no law for maintenance 
of the Governor, as is done in all other of the King's 
Governments, and there was no such law under their 
former Government, on purpose to discourage men of 
honour and ability from living among them. But what- 
ever it costs, that country and its trade should be taken 
care of. 

It cannot be imagined from the foregoing that the 
Proprietors' Governors are fit persons to be entrusted 
with the execution of the powers committed to them by 
the new Act for the Plantation Trade ; so if the Pro- 
prietors will not conform to the Act I would advise that 
the King should oblige them to accept such regulations 
in the matter of trade as he thinks fit. This will not 
invade the just rights of the Proprietors nor hinder 
them from employing their factors and Agents to dispose 
of their estates and receive their quit-rents. Lord 



AMERICA AND WEST INDIES. 215 

1696. 

Baltimore, Mr. Samuel Allen, and the inhabitants of 
Massachusetts have their entire rights and properties 
secured to them. They have their factors and Agents, 
but the Governors are appointed by the King. Signed, 
Ed. Randolph. 3 closely written pages. The whole 
endorsed, Reed. 2nd Dec., Read 4th. [America and 
W. I. 601. Nos. 34, 34i., and Hoard of Trade. Pro- 
prieties, 25. pp. 5-13.] 

Nov. 16. 397. Journal of Council of Trade and Plantations. The 
Order in Council of 5 November on the petition of the Agents and 
Proprietors of the Colonies in America was read (sccXu. 365), when 
the said gentlemen asked for a copy of the Board's representation 
on the question. The Board answered that the late Act for regulat- 
ing trade had been grounded 011 miscarriage in the Colonies, and 
that it could not be thought unreasonable for the King to appoint 
officers to enforce the Acts, but that the legal question had been 
referred to the Attorney-General, who was instructed to report 
thereon on Friday next. Order in Council of 12th inst. as to the 
Leeward Islands read, and instructions given to prepare a letter 
accordingly. Two more orders of the same date as to Newfound- 
land were also read, and another of the same date as to the West 
Indian Colonies, on which letters were ordered to be prepared. 
Order for a copy of the Board's representation on Sir H. 
Ashurst's instructions to be sent to him. Several papers as to 
New Tortolen were read. The New York Agents reporting 
that the Board of Ordnance could not supply stores without a 
further order, the Board agreed upon a representation on the 
subject. 

Nov. 17. The laws of Massachusetts were considered. 

Nov. 18. Order for a representation to be drafted as to the laws of 
Massachusetts, and for the Clerk to call on the Clerks of Council 
from time to time for the determination of the Council on all laws 
of the Colonies. A representation as to New York was signed. 
The petitions from Bideford and Barnstaple were read, and the 
Secretary was directed to ascertain from the Mayors what measures 
they would recommend. [Board oj Trade. Journal, 9. pp. 231- 
238.] 

Nov. 17. 398. Minutes of Council of Barbados. H.M.S. Newcastle 
having brought in a prize, orders were given for the guarding of 
the 69 prisoners, and for reimbursing of Captain Reeves for the 
expense of feeding them for live days. The bills as to trade and 
elections returned to the Council with amendments. Order as to 
the confinement of certain of the French prisoners. The Committee 
brought up its report on the bill concerning trade, and a conference 
was arranged with the Assembly on the bill. The Council recom- 
mended to the Assembly that care be taken of the King's sick 
soldiers, that a law or some means be found to give security to 
those persons who advance money for the King's ships, and that a 
present be made to Captain Reeves of H.M.S. Newcastle for his 
service to the country. 



216 COLONIAL PAPERS. 



1696. 

Nov. 18. Orders for the Newcastle to cruise to windward for twelve days. 
The Assembly brought up a vote of 200 to Captain Reeves, and 
said that they were thinking of settling a reward on him for every 
privateer taken, and would join in any method for securing those 
who lent money for the King's ships. They also desired that the 
French prisoners might be sent to Europe, and brought in a bill to 
preserve freedom of elections. Order for payment of 150 for the 
use of the Leeward forts. 

Nov. 19. Order as to a parcel of cacao, alleged to be prize-goods. The 
Council considered amendments to the bill concerning trade. 
[Board of Trade. Barbados, 65. pp. 162-166.] 

Nov. 17. 399. Governor Goddard to Council of Trade and Plantations. 

Bermuda. Jle begins by transcribing his letter of 30 July and continues asjolloics. 
I have received yours of 17 February and 15 April, with the Act for 
regulating the Plantation Trade, as to which your directions shall 
be punctually obeyed. On page 498 of the Act it is enacted that 
all Governors shall take an oath for its due performance, but there 
is no person here qualified to administer to me such an oath. 
Unless I hear from you I shall draw up an oath as near as may be 
to the intent of the Act and take it publicly before the Council. 

1 have also received yours of 20 April, giving warning of French 
preparations, and I have taken all the care that I can for defence 
of the Islands. I enclose an exact account as to the public lands 
and slaves, made after careful enquiry of the Council and Assembly. 
The form of an Association to be entered into by the inhabitants I 
have received from Mr. Blathwayt and returned to him duly signed. 
No one refused to sign it except the Quakers, who, because they 
affect singularity, would only sign it in a form of their own, which 
is annexed to the other. I enclose a copy of my letter as to the 
difference between Mr. Richier and myself. Signed, J. Goddard. 
2 pp. Endorsed, Reed. 13th, Read 15 Dec., 1697, Answered 

2 "July, 1697. Enclosed, 

399. i. Account of public lands and slaves in Bermuda, 
showing the shares allotted to the different officers of 
Government and those occupied and rented by others. 
The acreage is not given, but the rents amount to 
7 11s. per annum. The slaves belonging to the 
Governor number one man, seven women, of whom three 
are seventy years of age and upward, and four children. 
1J PP- [.Board oj Trade. Bermuda, 3. Nos. 2, 2i. ; 
and 29. pp. 14-20.] 

Nov. 18. 400. Memorial of the Agents for Barbados to the Council of 
Trade and Plantations. Notwithstanding the representations of the 
Council and Assembly as to the decay of the trade of Barbados, we 
think it our duty to lay before you the following facts. Barbados 
by its strength and situation is the key of all the English sugar- 
islands. The magazine is so empty and the fortifications so ill- 
provided that there is immediate want of the supplies requested by 
Governor Russell. Two hundred and fifty recruits are wanted for 
Russell's Regiment, and though they will be a great charge to the 
Island, as the King's pay is insufficient, yet the condition of the 



AMERICA AND WEST INDIES. 217 

1696. 

Island makes them absolutely necessary. An experienced master- 
gunner is wanted, to instruct the men in the forts and batteries. 
The privateers fitted out by the Island have been so much dis- 
couraged by the obligation to pay the King's tenths and the 
Governor's fifteenths of all their prizes, that they declined that 
service, which had been a great protection to the provision-ships 
from North America ; whereupon we beg that they may be exempted 
from these payments. The late heavy impositions on sugars were 
so destructive that many great plantations have lain waste ever 
since, while others have been turned to the raising of provisions, 
which for the most part used to be supplied from England. We 
hope therefore that the produce of the Island may not be burdened 
by a new duty. The number of negroes on the Island is reduced 
by little less than one half, whereby the produce is very much 
lessened. This is concluded to be the result of the African Com- 
pany's monopoly. We hope you will agree with us that nothing 
can contribute more to the prosperity of the sugar-colonies than 
free trade to Africa. The Island's trade has suffered much from 
want of sufficient convoys and of despatch of the same at proper 
seasons, and from the impressment of the crews of merchant- 
ships. We beg that yearly convoys may be appointed for two 
fleets, one to sail from hence on the 20th of October and return on 
the 20th of April, the other to sail from hence on the 20th of 
January and to return not later than the 20th of July following ; 
the convoys to consist of at least two men-of-war, one of them a 
fourth-rate, and good sailers. For want of these nearly forty 
provision-ships have been taken almost within sight of the King's 
ships in less than twelve months. Many ships have foundered and 
others became an easy prey to the enemy from want of sufficient 
strength, owing to the impressment of their men. We beg that 
orders may be given for supplying the guard-ships by less 
destructive methods, by sending out supernumerary seamen in the 
outward-bound men-of-war or in the merchant-ships, which we 
believe would transport them gratis. As 'ships pass much to and 
fro between North America and Barbados, and between Ireland and 
Barbados in the intervals between the convoys, we beg that these 
may be allowed to sail, as formerly, at the Governor's discretion. 
Signed, Edw. Littleton, Wni. Bridges, Fran. Eyles. 2 pp. 
Endorsed, Eecd. 20th, read 25th Nov., 1696. [Board of Trade. 
Barbados, 7. No. 20 ; and (abstract only] 44A. p. 35.] 

Nov. 18. 401. Council of Trade and Plantations to the King. The Agents 
have delivered us another memorial on which we recommend 
that one hundred shells should be sent out for each of the two 
mortars in the fort at New York, that an engineer be sent out to 
encourage the people to contribute to the repair and improvement 
of the fortifications, and that the Governor have liberty in the time 
of war to distribute powder and bullets from the King's stores to the 
friendly Indians. Considering how ill the regulation of the quotas 
has been complied with by several of the provinces, we think that 
a letter should be written to the Governors ordering them to make 
good their respective proportions. Signed, J. Bridgewater, Tanker- 
ville, Ph. Meadows, Wm. Blathwayt,. John Pollexfen, Abr. Hill. 
[Board of Trade. New York, 52. pp. 88-39.] 



218 



COLONIAL PAPERS. 



1696. 

Nov. 18. 



402. Memorandum of the Lords of the Admiralty. With 
reference to Order in Council of the 12th inst. (No. 387) we beg to 
report as follows. (1) Before receipt of the Order in Council we had 
ordered the Navy Board to hire advice-boats, and (2) the preparation 
of two fire-ships for Jamaica, which will be ready to sail with next 
convoy. (8) But as to sending six frigates, as the merchants 
desire, we think that if the French fleet be designed to the West 
Indies, as is reported, such a force will be insufficient to prevent 
their designs, much less if they proceed two at a time, as suggested, 
and we also doubt whether the said ships can be got ready in time. 
Hii/ncd, Russell, H. Priestman, Ro. Rich, G. Rooke, J. Houblon, 
J. Kendall. Copy. 1 pp. Endorsed, Reed, and read 20 Nov., 
1096. [Board of Trade." Jamaica, 8. A'o; 30 ; and 56. pp. 36-37.] 



Nov. 18. 
Nov. 19. 



Nov. 20. 



Nov. 21. 



Nov. 19. 

Kensington. 



Nov. 19. 

Kensington. 



403. Minutes of General Assembly of Massachusetts. The 
Representatives being insufficient to make a house, the Assembly 
was adjourned. 

The Representatives attending, the Lieutenant-Governor 
acquainted them of the issue of the expedition under Lieutenant 
Colonel Hathorne to St. John's River, which had made little 
impression on the enemy beyond the recovery of some cannon and 
warlike stores lately sent over from France. Bill for equal distri- 
bution of insolvent estates, read and debated. 

This same bill was ordered to be engrossed and sent to the 
Representatives, who returned it the same day with a concurrence 
therewith. A Bill to make lands liable to payment of debts was 
also passed to be engrossed, and was agreed to by the Representa- 
tives. Proposed to proceed with the rejected Act for punishment 
of capital offences to-morrow. 

The Act last named was carefully read and debated and deferred 
for further consideration. Order for respite of a debt due to 
Government by Captain Simon Willard, on account of arrears of 
rates, for two years. [Board of Trade. New England, 48. 
pp. 89-91.] 

404. Order of the King in Council. That an engineer, two 
hundred mortar-shells and six union flags be despatched to New 
York. Sii/iu'd, Rich. Colinge. ^ p. Endorsed, Reed, and Read 
23 Nov., 1696. [Board of Trade". New York, 6. No. 75 ; and 52. 
p. 40.] 

405. Order of the King in Council. A report of the Admiralty 
was received, saying that all Governors might have commissions of 
Admiralty if they applied for them, but it appearing by a list 
presented at the same time that there were several Colonies where 
the Governors had no such commissions, the matter was referred to 
the Council of Trade for report. Signed, Rich. Colinge. 1 p. 
Endorsed, Reed, Read 20 Nov., 1696. 'Annexed, 

405. i. Copy of an extract from a presentment of the Commis- 
sioners of Customs. (Sec A'o. 107 1.) Upp- 

405. ii. List of the Governors holding commissions of Vice- 
Admiralty, viz., the Governors of Massachusetts, Virginia, 



AMERICA AND WEST INDIES. 



219 



1696. 



Nov. 19. 

Whitehall. 



Nov. 20. 



Nov. 20. 

Whitehall. 



Nov. 21. 



Nov. 21. 

Plymouth. 



Nov. 21. 



Bermuda, New York, New Hampshire, Jamaica, Mary- 
land, Barbados and the Leeward Islands. p. [Board 
of Trade. Plantations General 4. Nos. 16, 16i., n. ; 
and 34. pp. 82-84. 

406. William Popple to the Mayors of Bideford and Barn- 
staple. The Council of Trade have received and considered your 
petitions (see Nos. 892, 393) and desire to know more particularly 
what you have further to propose for the better recovery and security 
of the Newfoundland trade. For despatch of business it will be 
convenient if you appoint some person or persons to attend the 
Council in your behalf. [Board of Trade. Newfoundland, 25. 
p. 33.] 

407. Journal of Council of Trade and Plantations. Mr. 
Nelson attending handed in an extract from a letter giving an 
account of the capture of Pemaquid, but said that he had not yet 
had time to enquire as to the French Governor of Hudson's Bay. 
Ordered that a representation be drawn up as to New England. 

Mr. Tucker's letter of this day's date was read (nee iie.ii abstract) 
and order given for the despatch of letters. An Order in Council of 
19th inst. as to Admiralty Courts was read and referred to the 
Attorney-General. [Board of Trade. Journal, 9. pp. 238-242.] 

408. Mr. Tucker to William Popple. Forwarding by order 
of Secretary Trumbull a letter from the Lords of the Admiralty to 
be laid before the Council of Trade. Signed, J. Tucker. \ P- 
Endorsed, Reed., Read 20 Nov., 1696. Annexed, 

408. i. Lords of the Admiralty to Secretary Trumbull. 
Pursuant to the Royal command we have hired two 
advice-boats, one at Plymouth and one in the Thames. 
They will be ready to proceed in a few days, and we 
give you notice thereof that their despatches may be in 
readiness. Signed, Russell, H. Priestman, G. Rooke, 
Jno. Houblon. Copy. p. [Board of Trade. 
Plantations General, 4.' Nos. 17, 17i. ; andM. p. 85.~\ 

409. William Popple to the Attorney-General. Forwarding 
an Order in Council and a presentment from the Commissioners of 
Customs, for his opinion whether the King may establish Admiralty 
Courts and appoint Attorneys General and other Officers for the 
same in the Proprietary Colonies. [Board of Trade. Plantations 
General, 34. p. 86.] 

410. Henry Lowe to John Povey. I have this day arrived at 
Plymouth from Jamaica in H.M.S. Hampshire, bringing with me 
the state of the Island to lay before their Lordships. I hope to 
wait on you as soon as the coach will permit. Signed, Henry Lowe. 
J p. Endorsed, Reed, and read, 24 Nov., 1696. [Board of Trade. 
Jamaica, 8. No. 31.] 

411. Minutes of Council of Massachusetts. Order for 
securing for the King's service all gunpowder in the hands of 
merchants and others for sale. Order for 10 to be allowed to 



220 COLONIAL PAPERS. 

1696. 

Colonel Jonathan Tyng for the expenses of his inspection of the 
garrisons within his regiment. [Board of Trade. New England, 
49. pp. 57-58.] 

Nov. 23. 412. Council of New York to Council of Trade and Plantations. 

New York. The Governor went to Albany on the 10th for the winter, on the 
alarm of a meditated attack on Albany by the French. Many of 
the inhabitants threatened to move unless there were a better force 
to keep it. The Indians accuse the neighbouring Colonies of sloth 
and negligence. The Assembly, in order to recruit the companies 
on the frontier and he saved from the burden of detachments, have 
given 6 a man levy money for six months' service, besides the 
king's pay, and a groat a day. There is no help to be expected 
from our neighbours. They will do nothing. The winter sets in 
apace, which is the reason why the Governor gave us orders to seal 
up his packet, lest the river should be closed. We hope that the 
King will consider our hard case and give effectual orders to the 
other Colonies to bear their share of the duty and expense of the 
war. We doubt not that the Governor's presence at Albany will 
allay the people's fears and doubts, encourage the Indians, and 
secure the garrison. He cannot always remain there. This city 
may be surprised from the sea in the summer, and it is the seat of 
government. If the people of Albany begin to move they will be 
apt to follow one another, which would discourage our Indians, who 
are much courted by the French. Signed, N. Bayard, S. V. 
Cortlandt, Frederyck Flypse, John Laurence, G. Minivelle. 2 pp. 
Endorsed, Eecd. and read 5 April, 1697. Duplicate. 

Original of the foregoing. Endorsed, Reed. 23 June, Read 
7 July, 1697. [Board of Trade. New York, 6. Nos. 76, 77 ; and 
52. 'pp. 91-93 and pp. 162, 163.] 

Nov. 23. 413. Council of Trade and Plantations to Governor Sir 
Whitehall. William Beeston. This comes by an express to warn you that a 
fleet is fitting out in France, which is thought to be designed 
against the West Indies. Y'ou will be vigilant and make every 
preparation for defence. We have received your letters of 15 and 
19 June, and of 4 and 5 July, and are preparing representations 
for the assistance and better security of the Island. To check the 
decrease of population we have given the North American Colonies 
orders to pass effectual laws against the harbouring of deserters 
and fugitives. The frigates have been appointed to sail with the 
Jamaica fleet on the 31st of December, and the King has ordered 
that all men-of-war for the service of the Colonies shall be under 
the direction of the Governors while -they continue there. Those 
now sent for Jamaica will remain there till next year, when they 
will be relieved by others, and will come home with the convoy, 
and so every year for the future. Two months are given to the 
merchant-ships to unload and reload, beyond which you and your 
Council may grant them fifteen days and no more. Signed, 
J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. 
Pollexfen, Abr. Hill. [Board of Trade. Jamaica, 56. pp. 38-40.] 

Nov. 28. 414. Council of Trade and Plantations to President and 
Council of Barbados. The King having entrusted the care of Trade 



AMERICA AND WEST INDIES. 221 

1696. 

and of the Plantations to us, we must remind you of former orders 
to send a full account of all affairs with returns of the accounts, 
and copies of all Acts passed. You will send us by first opportunity 
a list of persons fitted to be Councillors. A fleet is now fitting out 
in France for attack on the West Indies. The King has sent two 
advice boats with the intelligence, which you will forward to the 
Leeward Islands or to Jamaica. Your letter of 11 August has been 
received, and the Acts lately received are under consideration. We 
are preparing representations to the King for your security and 
advantage. Three frigates will be ready to sail from the Downs 
punctually on the 31st of December to convoy the merchant Meet to 
Barbados. Other convoys are appointed for the fleets to Jamaica 
and the Leeward Islands, all of which will keep company as far as 
their way lies together. Those for Barbados will remain to guard 
the Island till next year, when they will be relieved by others. The 
ships now there will return with the merchant fleet that sails on the 
81st of December, and two months will be allowed for loading and 
unloading the ships, which may be prolonged at your discretion by 
twenty days but no longer. Directions have been given to North 
America to make effectual laws against the harbouring of deserters 
and fugitives, which we hope may be of some advantage to Barbados. 
Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, 
John Pollexfen, Abr. Hill. [Board of Trade. Barbados, 44A. pp. 
81-35.] 

Nov. 23. 415. Council of Trade and Plantations to Governor Codring- 
ton. The King has entrusted us with the charge of the Plantations. 
You will send us the returns and information that have been already 
ordered, and in particular a list of your Councils and of persons 
suitable to fill vacancies therein. Your letters of 12 February, 
5 May, and 2 September have been received, together with Minutes 
of Council and Acts. Our first duty is to warn you that a fleet is 
now fitting out in France, and gives just ground of suspicion that 
it is designed against the West Indies. You will make all prepara- 
tions for defence. Two frigates will be in the Downs ready to sail 
on the 81st of December punctually to convoy the fleet to the 
Leeward Islands, keeping company with the Barbados and Jamaica 
fleets as long as their course is the same. The ships of war are to 
be under the orders of the Governors, and the two now sailing will 
remain under your orders for the next year, when they will be 
relieved by others, and so on annually. The ships of war now with 
you will convoy the homeward-bound fleet. The merchant-ships 
now going are to have two months to unload and reload, to which 
time you may add at your discretion fifteen days and no more. It 
is the King's pleasure that the settlement of St. Christophers be 
for the present discouraged, as there is no certainty whether the 
whole Island may be kept by England, and that no alteration be 
made in the four and a half per cent, duty on that Island. We 
have given orders for laws against harbouring deserters to be passed 
in the Northern Colonies, which we hope may be of service to you. 
Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, 
Jno. Pollexfen, Abr. Hill. [Hoard of Trade. Leeward Islands, 45. 
pp. 20-24.] 



222 COLONIAL PAPERS. 



1696. 

Nov. 23. 416. Memorial of Sir Robert Robinson to the King. 
(1) The trade of Newfoundland, the hereditary right of your royal 
predecessors, now labours under the insults of the French, who 
within memory paid tribute to the Queen of England for licence to 
fish there. Placentia Bay is a place of no small importance, and 
is worth the expense of some time and charge to recover it, while 
its vast trade and the profits to be derived from it would under 
wise management in due time much enrich your royal coffers and 
prove an excellent seminary for seamen. (2) Canada is a place of 
very great importance, and the reduction of it would be a matter of 
no great difficulty, there being but two forts for the defence of the 
French, and the artillery in them but ill-mounted. But its 
situation at the back of Newfoundland enables the French to gall 
the English at their pleasure, and at this day the English Colonies 
lie under great and fatal apprehensions of so ill neighbours, who 
with the assistance of the natives make terrible incursions upon 
them. Besides, as it is America, I conceive that there may be silver 
veins in that part of the country as in Peru and Mexico, which 
would enrich Your Majesty for ever in your own dominions. I 
think this can be done with a little charge and trouble ; and let 
the success be left to Almighty God. It would be an extraordinary 
benefit to the English, and it would be to your glory for ever, 
besides securing New England, New York, Newfoundland, &c. In 
Jamaica and Newfoundland, and lately in Hudson's Bay, the 
French have committed bloody and tragical hostilities, which may 
justly excite your revenge. Now a squadron of good cruising ships 
would prevent this and many other daily depredations and piracies 
practised by the French, and would reduce these places to your 
obedience. Last summer two pirates went to the entrance to the 
Red Sea and there plundered the junks from the Indies of a 
vast quantity of goods and treasure, designed for Alexandria, 
Smyrna, Constantinople, &c., so that they shared 1,400 to 
each private seaman. They are now going again and will be 
back to the Island of Ascension in May next, and so to Carolina, 
where they fitted out. This timely notice may be a means of 
securing them next summer and putting a stop to their further 
piracies, which if not prevented may be of fatal consequence to the 
East India and Turkey Companies, whose effects abroad may 
perhaps be seized and confiscated to make good the damage done 
by these pirates. 1J pp. Endorsed, Reed. 23 Nov., 1696. [Board 
of Trade. Newfoundland, 3. No. 4.] 

417. Memorial of the case of William Hobnail, Commander 
of the galley William and Mary. Being in Ferryland Harbour, 
Newfoundland, in 1694, and having intelligence that the French 
were coming with several men-of-war to destroy that harbour and 
the ships therein (as they had done the year before) Holman so 
animated and encouraged the people, who were in great consterna- 
tion, that he prevailed on them not to leave the harbour as they were 
all going to do. He then built four several forts and planted thirty 
guns therein for defence of the harbour and of the ships therein, 
which were nine in number. On the 1st of August two French men- 
of-war entered the harbour, when Holman engaged them so warmly 



AMERICA AND WEST INDIES. 228 

1696. 

from the forts that in one day he compelled them to withdraw, and 
so saved the harbour and ships. For this service the Admiralty gave 
him a medal and chain, but as they had not power to make good 
his expenses, amounting to 495, he petitioned to the Lords Justices, 
who referred the matter to the Committee of Trade. The Committee 
were of opinion that his expenses ought to be made good, but said 
that they could not report for the sum until some proof was made 
thereof ; and before Holman came home to make this proof the 
Committee was dissolved and the papers transferred to the Council 
of Trade, before whom Holman is ready to prove his expenses. 1 p. 
Endorsed, Reed, and read 23 Nov., 1696. [Board of Trade. New- 
foundland, 8. A'o. 5.] 

Nov. 28. 418. Journal of Council of Trade and Plantations. The 
repeal of two laws of Massachusetts was received from the Clerks 
of Council and delivered to Sir Henry Ashurst. Several letters 
were signed. Captain Holman's memorial was read (see preceding 
abstract). An order in Council of 19th. inst. as to New York was 
received, and notice of its contents given to the New York Agents. 

Nov. 24. Sir William Beeston's letters of 22 and 23 July and 7 August, and 
Mr. Henry Lowe's letter of 21 November were read. 

Nov. 25. Captain Holman presented a petition relating to his charges in 
Newfoundland in 1694, but withdrew it on learning that the Board 
could not take notice of it without special reference from the King. 
Memorial of the Agents for Barbados of 18th inst. read (see No. 
400). Order for the Secretary to ask for an answer to a late 
enquiry from the Ordnance Office. Instructions were given for 
representations as to the state of Barbados and Bermuda. [Board 
of Trade. Journal, 9. pp. 238-250.] 

Nov. 23. 419. Minutes of General Assembly of Massachusetts. Acts 
as to capital offences considered. Agreed that the offences be drawn 
into separate Acts. 

Nov. 24. Bills against conjuration and witchcraft, and against the murder 
of bastards, read, voted and sent down to the Representatives. 

Nov. 26. Bill for equal distribution of insolvent estates again read, and 
enacted. Bill for Assize of bread read a first time. 40 voted to 
Jonathan Balston for materials supplied to the ship Mary, impressed 
for the King's service, and lost. 

Nov. 27. Bill for Assize of bread read again. Bill for incorporation of 
Harvard College read and debated. Private bill as to John Moore's 
estate read a first time. Voted in concurrence with the Representa- 
tives that a packet-boat be hired and despatched to England to lay 
the condition of the province before the King. A proposal, that a 
suitable person be sent with her to solicit the affairs of the Province, 
was sent down to the Representatives for concurrence. The engross- 
ment of the Bill to make lands liable to payment of debts read and 
left to further reading. [Board of Trade. New England, 48. 
pp. 92-95.] 

Nov. 24. 420. William Popple to Captain St. Lo, Commissioner of the 

Whitehall, jjavy at Plymouth. Forwarding two packets for Barbados and 
Jamaica, with orders that in case of danger of capture on passage, 
they are to be sunk. [Board of Trade. Plantations General, 34. 
p. 86. 



224 COLONIAL PAPEKS. 



1696. 

Nov. 24. 421. William Popple to Messrs. Heathcote and Gracedieu. 

Whitehall. Forwarding packets for Barbados and Jamaica to be despatched in 
the advice-boat from the Thames, with the same instructions as in 
the preceding letter. [Board of Trade. Plantations General, 34. 
p. 87.] 

Nov. 24. 422. Lieutenant Roger Wright to the Duke of Bolton. I 
Plymouth, arrived in the harbour in H.M.S. Surloin from Piscadua [Piscatta- 
way'?] in New England in thirty-nine days, with the mast-ships and 
merchantmen under convoy. On the 4th of July H.M. Ships 
Surloin, Captain Ernes, and Newport, Captain Paxton, while cruis- 
ing near Boston, made four ships and bore down to engage them. 
Ernes with thirty-six guns engaged a Frenchman of forty-eight 
with three hundred and fifty seamen and soldiers on board, and 
Paxton with twenty-eight guns engaged a forty -gun ship with 250 
seamen and soldiers. Paxton behaved himself very bravely, having 
his main-topmast shot down and receiving several shots between 
wind and water, so that she had five feet of water in the hold. In 
all probability she would have sunk, but Captain Paxton, seeing no 
hopes of victory, obliged himself to strike, on which Captain Ernes 
sheered off and saved his ship, running the Newport ashore or 
otherwise she would have sunk. In the same month of July Count 
Frontenac, Governor of Canada, invaded the Indian country belong- 
ing to New York Government with two thousand troops. The 
design was to prevail with the Indians to join them, but instead of 
that they fled from their castles, and the French, having destroyed 
their corn, demolished their castles and retreated. Application 
was made to the Governor of New York in time, but he never 
regarded their expresses, to the great dissatisfaction of the Indians 
and of the inhabitants of the province. After the retreat of the 
Indians he came to Albany with thirty soldiers, to no purpose, but 
this is like the rest of his arbitrary proceedings put upon the King's 
subjects in the province. In August the French besieged the fort 
of Pemaquid in New England with three men-of-war, landing one 
hundred soldiers and two hundred Indians, two mortars and two pieces 
of cannon firing three bombs into the fort, as was designed, but over 
played the fort clearly (sic) . Then the French Indians summoned the 
fort, threatening the captain in command that no man should have 
quarter if they did not immediately surrender ; insomuch that the 
" courdly villane " surrendered the fort on condition of quarter and 
marching out of the fort as prisoners without bag or " bagish or 
aney meteryalles of ware." This was a regular stone fort, with 
eighteen very good guns mounted and ammunition and provisions 
considerable to defend a siege, but this "courdly and trechuras 
villan," as I may call him, during the siege fired only three guns 
from the fort between the 10th and 12th of August, having with 
him a hundred " counturry " soldiers. The French took away all 
the great guns, two hundred small arms and everything answerable, 
and eight barrels of powder, and then blew up the fort. The day 
before we left Piscadua we had advice that the French had invaded 
Newfoundland with "a leiven " [? eleven] men-of-war, and had 
taken a hundred sail in those harbours. Our man-of-war then in 
harbour, rather than be taken by the French, was abandoned and 



AMERICA AND WEST INDIES. 



225 



1696. 



Nov. 25. 

Whitehall. 



Nov. 25. 
Whitehall. 



Nov. 25. 



Nov. 27. 



Nov. 27. 



set on fire by the captain. Those parts of America are so much 
"in combured by Governures and self intrist and imposinge upon 
His Majesty's subjects that no feasabell methudes are tackun to 
promote His Majestye's intrist and honure." The only proposal 
that can be thought upon is to send them a General Governor, ships 
of more force, a regiment of soldiers, men skilled in fortifying, and 
a magazine proportionable to the garrisons. " I am hayly sensabell " 
that if a speedy method be not taken to send a supply for the 
assistance of those parts, the French will in all likelihood destroy 
all their garrisons and ruin the country. All this can be certified 
by several gentlemen who have come from those parts to London. 
Signed, Rog. Wright. 2 pp. Endorsed, Reed, and read 80 Nov., 
1696. [Board of Trade. New York, 6. A T o. 78.] 

423. William Popple to Mr. Pulteney. Desiring an answer 
to the question put to the Master General of the Ordnance as to the 
stores of war sent to the Colonies since the King's accession. 
[Board of Trade. Plantations General, 34. p. 87.] 

424. Lords of Trade and Plantations to the King. We have 
information from credible hands of the capture of Pemaquid 
by the French and the besieging of Saco, near Piscattaway, from 
which county the masts come. In view of the danger that thus 
threatens the country we represent the want of a Governor, with 
some knowledge of military affairs, and of a vice-admiral. Signed, 
Ph. Meadows, William Blathwayt, John Pollexfen, Abr. Hill. 
[Board of Trade. New England, 36. p. 51.] 

425. Minutes of Council of Barbados. The Assembly 
returned the bill as to decision of elections, with the Council's 
amendments thereto amended. A conference was then held thereon, 
and the bill was again brought up with amendments. Bill concern- 
ing trade sent down to the Assembly with amendments. [Board of 
Trade. Barbados, 65. p. 167.] 

426. Journal of Council of Trade and Plantations. The 
Agents for Barbados attending, their late memorial (sec No. 400) 
was read over by paragraphs. They said that they had no instruc- 
tions as to military stores, but would consider the proportion of 
those that seemed most necessary and report. They agreed that 
the engineer for the Leeward Islands might first call at Barbados 
and do all that was needed, but were unable to give any account of 
the Governors taking the fifteenth of all prizes ; and they recom- 
mended that a brigantine and a snow should be taken up for the 
service of the Island. 

A petition of John Clappe and others was read (see next abstract) 
also another paper by Mr. Usticke. The Secretary was directed to 
write to the Mayors of the West Country ports. Several merchants 
of Newfoundland attended, bringing with them two captains of 
merchant-ships who had been in Newfoundland at the time of the 
capture of Ferryland, and gave an account how they had fortified 
the mouth of the harbour, but that the French had landed a force 
and turned it ; of all which the merchants promised to give an 
account in writing. [Board of Trade. Journal, 9. pp. 250-258.] 



28181 



226 COLONIAL PAPERS. 



1696. 

Nov. 27. 427. Petition of John Clappe and others, on behalf of the 
inhabitants of Ferryland, in Newfoundland, now residing at Barn- 
staple in Devon, to the King. On Monday 21 September last seven 
French men-of-war and two fire-ships landed about seven hundred 
men in Ferryland and attacked us on every side. After making what 
resistance we could we were forced (they being too many and too strong 
for us) to submit, and since we refused to swear allegiance to the 
French king and to take up arms against your Majesty, the enemy 
dealt very hardly with us, burnt all our houses, household goods, fish, 
oil, train-fats, stages, boats, nets and fishing craft to the value of more 
than 1-2,000, and sent us away with our wives, children and 
servants. By God's mercy we are all, to the number of about 150 
persons, arrived safely in England, but owing to our great loss we 
are in great poverty and unable to subsist without relief. We beg 
therefore for relief, and that a sufficient force may be timely sent to 
save next season's fishing, and to regain and defend the said harbour 
and adjacent places from the French, so that we may rebuild our 
houses and stages and resume our fishery trade. Forty three 
signatures. Large sheet. Endorsed, Eecd. 27 Nov., 1696. [Board 
of Trade. Newfoundland, 3. No. 6 ; and 25. pp. 34-35.] 

Nov. 27. 428. " A paper presented to the Board by Mr. Richard 
Enstead." A Governor at Newfoundland was of no advantage to 
those that went there on a fishing voyage, but rather the contrary, 
for a Governor craves an Admiral's chief place in most advan- 
tageous harbours for his own by interest, though the said ground 
has anciently belonged to that ship that first possessed the harbour 
to make his fishing voyage. Also the Governor on complaint of any 
troublesome fellow, may summon the masters before him, which, as 
the distance may be leagues from the place where his ship lies, may 
be very prejudicial to his voyage. In every harbour during the 
fishing season the first ship that gets or takes possession of said 
harbour has always had the name of Admiral, who has had by 
ancient custom the right to choose the most convenient part of the 
harbour for building his stage in order to make his fishing voyage, 
and to make use of no more ground than has been customary here- 
tofore for the same number of boats that he may employ for the 
killing enough to load his ship. And it has been customary for the 
Admiral of a harbour to make use of one boat's room over and 
above, and not that he take his room in two harbours, which is 
disadvantageous to another ship's occasion. It has been usual in 
case of any differences between the ships, either masters or men or 
inhabitants or planters, for the Admiral of the harbour to hear the 
same, who has adjusted the matter to the satisfaction of the 
complainants. Therefore there is no occasion for a Governor. An 
order should be issued that no ships making a fishing voyage to 
Newfoundland shall carry any men but what really belong to the 
said ships, on penalty of a fine of 10 for each man on conviction 
before the Admiral of the harbour and another master of a ship in 
that harbour. No partner nor resident in Newfoundland should be 
permitted to encroach on any fishing-room that ships have formerly 
made use of. Planters and inhabitants should take room at a 
distance [from that] which is used by ships that go on a fishing 



AMERICA AND WEST INDIES. 227 

1696. 

voyage. No planter or resident should be permitted to build store- 
houses or other houses on any ground that has been used for the 
making of fish, nor to destroy any stage or room (which they have 
frequently done) after the ships are gone to their market, for it is 
very expensive for the ships that go next year to build others. No 
ship's company that arrives in any harbour with resolve to fish 
there shall destroy any stage or room which might serve the next 
ships that arrive. We pray that we may have convoy by the 
beginning of January to touch at Milford to escort our ships to 
Portugal to load salt and thence to Newfoundland ; and that about 
the 20th of February we may have the convoy at Milford to convoy 
ours and the Bi'itish ships direct to Newfoundland Six men-of-war 
may be sufficient, four to guard the fishery and two to cruise on the 
coast, which may prevent the building of forts unless there be 
occasion to fortify any harbour during the fishing-season, in which 
case the fortification may be made with the guns belonging to the 
ships in that harbour. At the end of the season one or two of the 
men-of-war may be ordered to return with the ships that bring the 
train-oil and the fishermen, while the other four men-of-war convoy 
our fish-ships to Spain or Portugal. It would be very advantageous 
to the King's subjects that no Spaniards or Portuguese be permitted 
to trade to Newfoundland, for they supply their own market and 
bring no return to England, which is a great loss to the revenue 
and to English interests. Large sheet. Endorsed as headed, Nov. 27, 
1696. {Board of Trade. Newfoundland, 3. No. 7.] 

Nov. 27. 429. Lieutenant George Sydenham to William Blathwayt. 

Plymouth. I have written several letters while at [New] York, but I think you 
received none. I thought it my duty to give you a full account of 
what officers have suffered. In February '94 I applied to you for 
my subsistence. Captain Weems, being gone to sea, left his bro. 
[? brother] to receive what money he could. You wrote to Captain 
Hide to pay me, but he refused, alleging that he knew not what 
accounts were between my captain and I. We set sail the 21st of 
March 94-5, and arrived at Boston on the 15th of May, where I met 
with my captain. I desired some money of him : he said he had 
none for me. On the 12th June we set sail for New York and 
arrived there on the 16th and 19th, with the Governor's and Captain 
Weems's company on board for Albany. We lieutenants made 
application to His Excellency how we were to be subsisted, saying 
that we had no money and desiring him to supply us or give us 
credit, as the captains had received six months' subsistence for 
officers and soldiers. The Governor said he had no money for us 
and we must go to our posts. We arrived at Albany the 23rd of 
June, and Captain Hide on the 4th of July. We applied to the 
captains for money, but none would be granted. At the latter end 
of September the Governor came to Albany, and we made a second 
application to him for money. He said he had none, but that he 
expected the captain to pay us, as he had paid all his officers, and 
he ordered Captain Weems to pay me, but Captain Weems never 
obeyed the order. I was forced to lay down my command before I 
made myself more miserable. I laid an information before the 
Governor and Council, of which I desire you to consider what we 



228 COLONIAL PAPERS. 

1696. 

have suffered. I doubt not that the Governor has sent you a copy 
of it, if not, I have a true copy which I desire you to peruse with 
your favourable construction. When I come to London I shall 
further inform you by two other officers, come on the same account. 
The Governor, Council and Assembly of Boston, as I understand, 
have petitioned the King to send ships with land-forces to defend 
them from the invasions of the French and Indians, who have cut 
off all the plantations for several miles, and taken forts. If any 
forces do come I hope you will befriend me with some post 
answerable to my qualifications and behaviour. I shall never 
be unmindful of your favour, which I shall ever acknowledge. 
Sir, we came out of Piscattaway in New England the 17th of 
October, mastships and merchantmen under convoy of H.M.S. 
Surloin. Two merchant ships were separated from us by a storm ; 
they were laden with oil, whalebone, sugar, molasses, logwood and 
brazaletto. Pray excuse my rudeness. Signed, Geo. Sydenham. 
1J pp. Endorsed, Reed. 4 Dec., 1696. [Board of Trade. New 
York, 6. No. 79.] 

Nov. 27. 430. Mr. Pulteney to William Popple. Forwarding the 
st. James's. answer O f the Officers of Ordnance to the Council of Trade's letter 
of 9 November (see No. 378). Signed, J. Pulteney. J p. 
Endorsed, Reed. 27 Nov., 1696. Annexed, 

430. i. Officers of Ordnance to the Council of Trade, 24 
November, 1696. We enclose a list of all stores of war 
sent to the Plantations since the beginning of the 
King's reign. Signed, H. Goodricke, Chr. Musgrave, 
Joh. Charlton, Ja. Lowther, Wm. Boulter. \ p. 
Endorsed, Reed. 27 Nov., 1696. Read 30th. 
430. n. Account of stores of war sent to the Colonies from 
1 November, 1689, to 1 November, 1696. 13 pp. 
[Board of Trade. Plantations General, 4. Nos. 18, 
18i., n. ; and (enclosure No. i. only) 34. p. 88.] 

Nov. 27. 431. Captain George St. Lo, R.N., to William Popple. 
H.M. Yard. Acknowledging the receipt of packets for Barbados and Jamaica. 
Plymouth Signed, G. St. Lo. J p. Endorsed, Reed. Read, 30 Nov., 1696. 
[Board of Trade. Plantations General, 4. No. 19.] 

Nov. 28. 432. William Popple to the Mayors of Exeter, Bristol, 
Plymouth, Dartmouth, Weymouth, Poole and Fowey. Desiring to 
know the proposals of the merchants interested in Newfoundland 
as to the measures for recovering and securing the trade there, and 
asking them to appoint an agent to attend the Council of Trade on 
the matter. [Board of Trade. Newfoundland, 25. p. 36.] 

Nov. 29. 433. Commission to Nicholas Webb to be Governor of the 
Bahama Islands. Signed, Craven, Bath, Berkeley, Ashley, Wm. 
Thornburgh for Sir John Colleton. [Col. Entry Bk., Vol. XXII., 
pp. 257-258 ; and noted in Board of Trade. Carolina, 4. p. 33.] 

Nov. 29. 434. Additional instructions to Nicholas Webb. To enquire 
into the truth of an allegation that Nicholas Trott allowed certain 
pirates to land in the Bahamas, in consideration of presents which 
they made to him, and that he took most of the cargo for himself. 
[Board of Trade. Carolina, 4. p. 35.] 



AMERICA AND WEST INDIES. 229 



1696. 

Nov. 30. 435. Minutes of Council of Jamaica. Peter Beckford, 
junior, was sworn as Receiver-General. Orders for certain pay- 
ments. On intelligence of the coming of a French squadron, 
supposed to be designed against the Spanish ports on the Main, 
it was ordered that two fireships be at once fitted out for defence 
of Port Royal, and that the vessels now fishing at the wreck about 
Point Pedro Cays be recalled. Order for payment of the Chief 
Justice's salary. The late Receiver-General's accounts were 
brought up and referred for audit. A consultation was held later 
with the Captains of H.M. ships Southampton, Princess Anne and 
Reserve, when it was resolved to fit out fireships immediately and 
to keep boats ready manned and armed in the harbour. [Board 
of Trade. Jamaica, 79. pp. 35-37.] 

Nov. 30. 436. Memorial of the Town of Barnstaple, Devon, to the 
Council of Trade and Plantations. (1) We conceive that nothing 
can more advance the fishery trade of Newfoundland than the 
continuance of the government of the fishery after the ancient way, 
and the strict observance of the constitutions whereby it has 
hitherto been regulated, the masters and fishermen being accus- 
tomed to the same, and the rules having been found by experience 
to be beneficial. The regulations are as follows : That the first 
ship arriving from England that enters and takes possession of a 
harbour shall have the name of Admiral of that harbour, and shall 
have first choice of a place for building his stage and for making 
his fishing-voyage, taking enough ground and no more for the 
number of fishing-boats that he shall keep, with room for one boat 
more as his privilege for first coming ; that the respective 
Admirals be charged with the preservation of public peace and 
good government among the fishermen and planters in their 
respective harbours, by punishing the lesser offenders and bringing 
the more heinous to be punished in England according to their 
deserts, and that they have power to hear and decide all differences 
between masters of ships and seamen or planters, according to the 
ancient custom, which has given satisfaction to all parties ; that no 
planter or inhabitant possess himself of any stage, beach or landing 
place which has formerly been used by the fishing-ships from 
England, nor provide himself with a fishing-place before the arrival 
of the ships or at soonest before the beginning of May ; that no 
planter destroy any stage or room built by any ship, nor any 
ship's company on its arrival destroy any stage or room that might 
serve the next ship that arrives, nor any person convert to their 
use the boats or train-fats that belong to others without the 
owner's consent. (2) For the increase of seamen for the King's 
service it should be strictly provided that every ship making a 
fishing-voyage to Newfoundland do carry for every five seamen one 
who has not been to sea before. (3) The Captains of the King's 
ships should be ordered to prevent any of their company taking, 
curing, salting or drying any fish in or about Newfoundland, and 
be forbidden to take any fish into their ships by way of freight or 
merchandise, except for their own use and spending. (4) For the 
present re-settlement and security of the trade we think that six 
fourth-rate men-of-war and some land-men should be at Milford 



230 COLONIAL PAPERS. 

1696. 

about the 20th of February next to convoy the ships belonging to 
Bristol, Earnstaple and Bideford to Newfoundland and put us in 
possession of the places lately taken by the French. Two of the 
men-of-war should cruise upon the coast, the rest should guard 
the fishery. Any fortification of any harbour may be made 
with the guns of the ships belonging to that harbour. At the 
close of the season we ask that one or two of the men-of-war 
may convoy the ships with the train-oil and fishermen, while the 
remainder guard the fish-ships to Spain or Portugal. (3) We think 
that establishing a Governor and building forts in Newfoundland 
can be of no service to the King, for the following reasons: (i) Build- 
ing of forts will not save the expense of convoy to Newfoundland, 
which is absolutely necessary. No ships, considering the late great 
losses, dare venture without a strong convoy, (ii) The country 
being large and containing almost as many harbours as England, 
many forts would be necessary to make any tolerable defence against 
the landing of an enemy, the charge of maintaining which forts would 
far exceed that of the strongest convoy desired, (iii) A Governor 
residing but in one place can secure only the harbour in which he 
resides. The ways overland from one harbour to another are 
difficult, if not impassable, by reason of the woods; to which it may 
be added that to call fishermen from their harbours to attend the 
Governor upon any troublesome complaint would be great loss and 
hindrance to them, when they should be quietly at labour in pre- 
paring lading for their ships, (iv) The disturbances, as also the 
disputes, between the seamen and the planters, may be redressed (as 
has been usual) , without delay or calling the seamen from the har- 
bours, by the Admirals of the harbours, (v) It is conceived that 
the office of a Governor and the several forts cannot be maintained 
without a tax, which perhaps may be laid upon fish, train, etc., 
which the poor fishermen will be unable to bear, especially 
since it is thought that the whole product of the fishing trade 
in Newfoundland would scarcely suffice to maintain the 
charge of forts necessary for the defence of the harbours. 
(vi) Notwithstanding any salary allowed by the King to the 
Governor, it would be in his power to oppress the seamen, the 
possibility of which would be a great discouragement to the trade. 
(vii) If the French should in the w inter make themselves masters 
of any of the forts (which would not be very difficult) our own guns 
and fortifications would be turned against us in the fishing season. 
We therefore think that the building of forts and establishment of 
a Governor would be of no service to the King and no defence to 
the trade, but rather a hindrance and discouragement to the trade ; 
and we beg that no Governor may be sent to Newfoundland. 
Signed, Jeffery Bagilholl, Mayor, and by thirty-four others. 3 pp. 
Endorsed, Reed. 30 Nov., 1696. [Board of Trade. Newfound- 
land, 3. No. 8; and 25. pp. 36-40.] 

Nov. 30. 437. Memorial of the Town of Bideford to the Council of 
Trade and Plantations. We desire that Richard Usticke, our 
present collector of Customs, may solicit the Newland concern on 
our ports, and for his government we have drawn up our sentiments 
as follows : Here follows a literal transcript of the paper presented 



AMERICA AND WEST INDIES. 231 

1696. 

by Richard Enstead. See No. 428. Signed, Jno. Langford, 
Mayor, and by twenty-eight others. Larqe sheet. Endorsed, Reed. 
80 Nov., 1696. [Board of Trade. Newfoundland, 3. No. 9; and 
25. jjp. 41-48.] 

Nov. 30. 438. Journal of Council of Trade and Plantations. A 
memorial from the town of Barnstaple was received, also an 
account from the Ordnance of the stores sent to the Colonies since 
the beginning of the war. A second memorial from Mr. Brenton 
as to naval stores was also received. Letters from Lieutenant 
Roger Wright of 24 November, from Governor Goddard of 30 June, 
from Lieutenant-Governor Stoughton of 24 September, from Isaac 
Addington of 16 September, from Governor Fletcher of 13 July, 
22 August, and 17 and 18 September, and from Robert Livingston 
of 19 September, were read. Mr. Nelson came with an account of 
the French prisoners taken at Hudson's Bay, which he was bidden 
to lay before Secretary Trumbull, as being beyond the province of 
this Board. [Board of Trade. Journal, 9. pp. 254-256.] 

Nov. 30. 439. Minutes of General Assembly of Massachusetts. Bill 
against high treason read a first time. Bill for incorporation of 
Harvard College further debated and committed. 

Dec. 1. Bill for Assize of Bread read again, voted to be engrossed and sent 
down to the Representatives. Bill against murder of bastards 
returned from the Representatives with concurrence, and the Bill 
against conjuration and witchcraft also returned, with non-concur- 
rence. Vote of the Representatives, as to sending an Agent and an 
Address to the King to ask for supplies and for restoration of ancient 
privileges debated, and returned for explanation. 

Dec. 2. The private bill as to John Moore's estate voted to be engrossed 
and sent down to the Representatives. Voted in concurrence with 
the Representatives that 50 of their arrears of rates be remitted 
to the town of Dunstable, and that a pension of 5 a year be paid 
to Abraham Cock, a soldier who has lost an arm in the King's 
service, and that 50 be allowed to Captain Anthony Checkley for 
his services as Attorney-General. Bill for Assize of bread returned 
from the Representatives with concurrence. Bill against murder of 
bastards passed and enacted. Order for granting a new precinct 
for support of the ministry in Springfield voted, and sent to the 
Representatives for concurrence. 

Dec. 3. Bill for Assize of Bread passed and enacted. Bill against high 
treason again read, engrossed, and sent down to the Representatives. 
A Bill from the Representatives as to sending an Agent and an 
Address to the King to ask for supplies, restoration of ancient 
privileges and further additions of power, was read and negatived. 

Dec. 4. Three Councillors were sent to the Representatives on the business 
of despatching an express to England, who returned to report that 
the Representatives refused further consideration of the former vote 
sent down by the Council. The order as to the ministry at Spring- 
field returned from the Representatives with concurrence. 

Dec. 5. Bill against high treason returned from the Representatives with 
concurrence. A Committee appointed to join with a Committee of 
the Representatives to consider what is necessary to be done in 



232 
1696. 



Dec. 1. 



Dec. 1. 

Dartmouth. 



Dec. 1. 

Plymouth. 



Dec. 1. 

Treasury 

Chambers. 



Dec. 1. 

Plymouth. 



Dec. 2. 

Whitehall. 



Dec. 2. 

Admiralty. 



COLONIAL PAPEBS. 



respect to the inhabitants of Port Boyal and of other parts of Nova 
Scotia. Address to the King drawn up and voted. Petition of 
inhabitants of Wells for remission of rates due from them and for 
assistance from the troops there quartered in repair of their fortifica- 
tions, read and granted. [Board of Trade. New England, 48. 
pp. 95-101.] 

440. Minutes of Council of Barbados. Orders as to the 
guarding of the French prisoners, and for a convoy for the ships 
bound to North America. [Board of Trade. Barbados, 65. 
p. 168.] 

441. The Mayor of Dartmouth to Council of Trade and 
Plantations. Our proposals as to Newfoundland are already drawn 
up and sent to our burgesses Sir Joseph Herne, Knt., and William 
Hayne, Esquire, to whom I have signified your pleasure therein. 
Signed, Thomas Floud. J p. Endorsed, Eecd. 4 Dec., 1696. 
[Board of Trade. Newfoundland, 3. No. 10.] 

442. The Mayor of Plymouth to William Popple. I have 
received yours of 28th November. (See No. 432.) I shall convene 
the merchants and others interested in Newfoundland as soon as 
possible and lay their opinions before you. Signed, John Munyon. 
J p. Endorsed, Eecd. 4 Dec., 1696. [Board of Trade. New- 
foundland, 3. No. 11.] 

443. William Lowndes to William Popple. Forwarding the 
presentment of the Commissioners of Customs of 16 November with 
its enclosures, to be laid before the Council of Trade. J p. 
Endorsed, Eecd. 2 Dec., Eead 4 Dec., 1696. [America and West 
Indies, 601. No. 35 ; and Board of Trade. Proprieties, 25. p. 5.] 

444. Capt. St. Lo., K.N., to William Popple. Enclosing 
receipts for the packets for Barbados and Jamaica. Signed, 
G. St. Lo. p. Attached, 

444. i., ii. The receipts referred to, signed by the masters of 
the ships. Scraps. [Board of Trade. Plantations 
General, 4. Nos. 20, 20 1., n.] 

445. William Popple to the Secretary of the Admiralty. 
The despatches of the Council of Trade were sent to Plymouth a 
week ago for the advice-boat appointed to sail from thence. The 
Council of Trade desires to know whether you have yet news of her 
sailing, and when the two men-of-war appointed to sail to Virginia 
will be ready. [Board of Trade. Plantations General, 34. p. 88.] 

446. Secretary of the Admiralty to William Popple. We 
have news that the advice-boat was ready to sail from Plymouth 
by the first opportunity of wind and weather, but not yet that she 
has sailed. The ships for Virginia will be ready in a fortnight if 
not hindered by want of provisions. Signed, Win. Bridgeman. 
1 p. Endorsed, Eecd. 2 Dec., 1696. [Board of Trade. Plantations 
General, 4. No. 21.] 



AMERICA AND WEST INDIES. 233 

1696. 

Dec. 2. 447. William Bridges to William Popple. I enclose an 
Westminster, abstract of the list of stores desired by the Counsel and Assembly of 
Barbados, which I think may be necessary to be sent by next fleet. 
Pray tell the Council of Trade that the fifteenth on uncaptured 
vessels is claimed by the Governors of Barbados as Vice-Admirals. 
% p. Endorsed, Reed, and read 2 Dec., 1696. Annexed, 

447. i. List of stores of war required for Barbados. 1 pp. 
Endorsed : Read 6 Dec., 1696. [Board of Trade. 
Barbados, 7. Nos. 21, 21i.] 

Dec. 2. 448. J. Tucker to William Popple. The envoy of Brandenburg 
Whitehall, is pressing for an answer to his memorial. (Sec No. 382.) Pray put 
the Council of Trade in mind of it. p. Endorsed, Reed. 2 Dec., 
1696. [Board of Trade. Leeward Islands, 5. A'o. 19.] 

Dec. 2. 449. The Mayor of Bristol to the Council of Trade and 
Bristol. Plantations. I am desired by the merchants interested in New- 
foundland to send you the enclosed proposals, which they assure me 
are drawn up without any sort of partiality or self-interest, the Bay 
of Bulls being a place where no trade is driven from this city, but 
a harbour which they think most convenient for a man-of-war to 
ride in for security of the general trade. Signed, John Hine. p. 
Endorsed, Reed. 4 Dec., 1696. Enclosed, 

449. i. Proposals offered for the better security of the trade 
to Newfoundland. Eight men-of-war and two fire ships 
should be sent there in April with orders to lie at the 
Bay of Bulls, which lies in the middle of our general 
trade and from which they may best go to the relief of 
any place in danger, though the wind should be easterly 
and blow on the land, because there is room to turn out 
and no danger in the way ; whereas if they should lie 
at St. John's they cannot get out with an easterly or 
southerly wind, nor scarce with a northerly if the sea 
runs high, so that they cannot go at all times to the 
relief of any harbour that may be in danger. But if 
the Government please to make fortifications on the 
shore besides men-of-war, we then conceive Ferryland, 
Harbour de Grace and St. John's to be the properest 
places to fortify, because they are the fittest by nature. 
The trade of this city lies at Harbour de Grace and the 
places adjacent, where the inhabitants are more 
numerous than anywhere else in the land, St. John's 
excepted. Eighteen signatures. p. [Board of Trade. 
Newfoundland, 3. Nos. 12, 12 1. ; and (enclosure only) 25. 
pp. 44-45.] 

Dec. 2. 450. The Mayor of Weymouth to the Council of Trade and 
Weymouth. Plantations. The persons of this town interested in Newfoundland 
have agreed to some proposals as to the recovery and security of 
that trade, which are herewith enclosed. I have desired Mr. Arthur 
Shallet, merchant of London and a considerable trader to those 
parts, to attend you. Signed, Geo. Lisle. p. Endorsed, Reed. 
4 Dec., 1696. Annexed, 

450. i. Proposals for the encouragement and security of the 
Newfoundland trade. (1) That a sufficient convoy may 



234 COLONIAL PAPERS. 

1696. 

be appointed to sail with the fishing-ships at the 
beginning of March. (2) That the men of these ships 
may be protected from impressment during their 
voyages, the contrary having proved very prejudicial to 
the adventurers. (3) That all sorts of provisions and 
materials for the fishery may be exported without paying 
custom as formerly. (4) That a good convoy may be 
ready to sail with the latter fleet about the beginning of 
June, for their sailing so late as they have for several 
years last past has been much to the prejudice of the 
merchants, and that the convoy may be of sufficient 
strength to secure the country during the summer, and 
that land-fortifications may be erected for the security 
of the several harbours. f p. Endorsed as the 
covering letter. [Board of Trade. Newfoundland, 3. 
A r os. 13, 13 1. ; and (enclosure only) 25. p. 44.] 

Dec. 2. 451. Journal of Council of Trade and Plantations. Order 
for the Secretary to enquire as to the advice-boats from the West 
Indies, and the men-of-war for Virginia, and for letters to be 
drawn up to the Governors of the Colonies as to the quota for New 
York, and the order against harbouring deserters. Sir William 
Beeston's letter of 22 July, to the Duke of Shrewsbury was read, 
also an abstract received from the Barbados Agents of the military 
stores most urgently required. 

Dec. 3. Mr. Bridgeman's letter as to the advice-boats and the men-of-war 
for Virginia was read, also a letter from Sir W. Beeston to the 
Duke of Shrewsbury of 18 September. The representation as to 
Jamaica, Barbados, and the Leeward Islands was signed. 

Dec. 4. A letter from Mr. Lowndes with a presentment of the Customs 
as to illegal trade in the Colonies was read. Mr. Penn, Colonel 
Winthrop, and others concerned in the chartered and proprietary 
Colonies attended, again desiring copy of the representation as to 
Attorneys-General in the Colonies, or at least of the information on 
which it was based, in order to vindicate themselves against Mr. 
Randolph's calumnies. They were told that the point at issue was 
whether the King had the right to appoint such officers in the 
Proprietary Colonies or not, and that nothing would be done until 
they had been heard. The Attorney-General was ordered to hasten 
his report on that subject. On the information of the New York 
Agents, orders were sent for the five Indians at Plymouth to be 
brought to London and kindly used. The merchants of Newfound- 
land brought up a fresh memorial. (See No. 463.) The question 
of Nieu Tortolen was considered, and a representation to the King 
thereupon agreed on. [Board of Trade. Journal, 9. pp. 257-262.] 

Dec. 3. 452. Council of Trade and Plantations to the King. We 
have received letters from Barbados, dated July, August, and 
September, all of which set forth the ill state of the fortifications, 
the weakness of the late Governor Russell's regiment and of the 
want of recruits and of stores. We submit a list of stores to be 
sent to them. Hitherto the Island has provided itself with stores, 
but it is now represented to us that they cannot now do so without 



AMERICA AND WEST INDIES. 235 

1696. 

your assistance, owing to the expense of their several expeditions 
against the French. We recommend also that an engineer under 
orders for the Leeward Islands may be sent first to Barbados, and 
also that a master-gunner be sent there. To put an end to the 
complaints as to pressing of seamen we recommend that a 
sufficient number of supernumerary seamen for the King's ships 
may be sent out on the men-of-war, and if necessary on the 
merchant-ships, which will accept their labour as payment for their 
passage. We recommend also that the sole power of impressment 
be vested in the Governor and Council. Lastly, we recommend 
that another Governor be appointed to Barbados as soon as possible, 
and that arrangements may be made for proper devolution of a 
Governor's powers of Vice-Admiralty in case of his death. Signed, 
J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, John 
Pollexfen, Abr. Hill. Here follows a list of the stores of war to be 
sent out, considerably less in quantity than was requested bi/ the Island. 
[Board of Trade. Barbados, 44 A. pp. 36-39.] 



Dec. 3. 453. Council of Trade and Plantations to the King. Having 
intelligence of a squadron fitting out in France against the West 
Indies, we must represent that your important possessions there 
cannot defend themselves unless you fit out likewise a squadron of 
sufficient strength to divert the French from any considerable ex- 
pedition against either your own or the Spanish possessions. Other- 
wise the Spanish Flota and the British Islands in the West Indies 
will be open to the immediate attack of the French this winter, which 
is the best season for such expeditions in that warm climate. Nor 
have we less ground to fear that upon their return to Europe in the 
spring they may execute their designs upon the Colonies on the 
Coast of North America, and even possess themselves of some and 
ruin the others. They have lately invaded New York and New 
England, and demolished a fort which was New England's chief defence. 
There is also danger that they will attempt that part of New- 
foundland which was not destroyed last year, and hinder the 
re-settlement of the other by intercepting provisions and other 
necessaries, while they may even fortify the harbours there so as 
to drive us from that ancient and profitable trade. Besides all 
these inducements for fitting out a squadron, we would point out 
that without such a squadron the numerous fleets shortly about to 
sail for the Colonies will be greatly endangered, while their 
detention here and their being hindered from carrying supplies to 
the Colonies and bringing back produce will be of the greatest 
prejudice. Signed, Bridgewater, Tankerville, Ph. Meadows, Wm. 
Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Plantations 
General, 84. pp. 89-90.] 

Dec. 3. 454. Order of the King in Council. That in future corn- 
Kensington, missions of Vice- Admiralty to Governors in the Colonies shall be 
so made out that, in case of a Governor's death his powers of 
Vice-Admiralty shall devolve upon his successor. Copy. 1 p. 
Endorsed, Reed. 18 Dec., 1696. Read, 19th. [Board of Trade. 
Plantations General, 4. A 7 o. 22 ; and 34. p. 92.] 



286 



COLONIAL PAPERS. 



1G96. 

Dec. 3. 455. Order of the King in Council. On the complaints of 
Kensington, the Governments of Barbados and Jamaica of impressment by 
the Captains of the King's ships, ordered that the sole power of 
impressing seamen in the Colonies be entrusted to the Governor, to 
whom Captains of King's ships shall make application when in 
want of men, when the said Governors shall see that the ships are 
furnished with men accordingly. Copy. 1 \ pp. Endorsed, Reed. 

18 Dec., 1696. Read, 19th. [Board of Trade. Plantations 
General, 4. No. 23 ; and 34. pp. 93-94.] 

Dec. 3. 456. Order of the King in Council. On a representation 
Kensington, from the Council of Trade complaining of the encouragement offered 
to piracy by the entertainment of pirates by the Proprietary Colonies, 
it was ordered that the Proprietors be acquainted therewith and 
required to take care that such entertainment shall cease in 
future, under the severest penalties. Signed, Wm. Bridgeman. \ p. 
Endorsed, Reed, loth, Read 16th Dec., 1696. [America and 
West Indies. 601. Xo. 36; and Board of Trade. Proprieties, 25. 
pp. 14-15.] 

Dec. 3. 457. Order of the King in Council. For the engineer at present 
Kensington. un <j er orders for the Leeward Islands to go first to Barbados, to give 
directions as to the defences of the Island, and go thence to the 
Leeward Islands, passing backwards and forwards as required ; also 
that a master-gunner be sent to Barbados. Copy. 1 p. Endorsed, 
Reed. 18 Dec., read 19 Dec., 1696. [Board of Trade. Barbados, 7. 
A T o. 22; and 44 A. p. 40.] 

Dec. 3. 458. Council of Trade and Plantations to the King. We have 
lately received letters from Sir William Beeston of 22 and 23 July 
and 7 August. The contents arc here set forth at length. We 
would recommend that people willing to go to Jamaica and pro- 
ducing certificates of their inability to pay their passage shall 
receive a free passage on board the men-of-war, that supernumerary 
seamen may also be sent out in the men-of-war to complete the 
crews of those already in the station, that the sole power of im- 
pressment be vested in the Governor and Council, that five 
tradesmen wrongfully impressed at Jamaica may be discharged, 
and that a naval agent be appointed in Jamaica and the crews 
supplied with fresh provisions. Signed, J. Bridgewater, R. Tanker- 
ville, P. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. 
[Board of Trade. Jamaica, 56. pp. 58-57.] 

Dec. 3. 459. Order of the King in Council. Referring the representa- 

Kcnsington. tion of the Council of Trade of same date to Lords of the Admiralty 

for report. Draft. 3 pp. Endorsed, Reed. 18 Dec. Read 

19 Dec., 1696. [Board of Trade. Jamaica, 8. No. 32; and 56. 
pp. 62-63.] 

Dec. 8. 460. Order of the King in Council. That William Jasper, 
Kensington. Thomas Fant, Thomas Farr, Joseph Moore and Thomas Ward, who 
were irregularly pressed by Captain Kenny, of H.M.S. Swan, be 
discharged, paid off and sent back in a man-of-war to Jamaica. 
Copy. 1 p. Endorsed, Reed. 18 Dec. Read 19 Dec., 1696. 
[Board of Trade. Jamaica, 8. No. 38. pp. 61-62.] 



AMERICA AND WEST INDIES. 



1696. 

461. A collection of depositions relating to the men men- 
tioned in the preceding order. 

461. L Affidavit of Joseph Moore, taken -20 Sept., 1696. To 
the effect that he was impressed at Port Royal in 
H.M.S. Swan, kept in irons for fourteen nights, and 
brought to England and tamed ashore at Deptford, * 
and destitute, without certificate for payment of his 
wages. 1 p. 
461. n. Affidavit of Thomas Ward, aged fifty, late an overseer 

in Jamaica. To the same effect. 1 p. 

461. m. Affidavit of Joseph Moore. Oct. o. 169?. That Fain. 
Fair and Jasper had also been impressed at Port Royal 
and desired their discharge from H.M.S. Swan, i p. 
of Trade. Jamaica. 3. .V _>.*. 33r.-m.~ 



Dec. 3. 462. Minutes of Council of Massachusetts. Order for pay- 
ment of 30 to Major Charles Frost for military strvie-rs in York 
County. Leave granted to Thomas Child_to erect 3 small tenement 
near his dwelling-house in Boston. i B-'-ird of Z>*i-'. New 
England. 49. pp. 53-59." 

Dec. 4. 463. Memorial of the traders to Newfoundland in London to 
T. the Council of Trade and Plantations. The rishery of Newfound- 
land is a very beneficial trade to :he nation as ell as for the 
breeding of seamen as for the riches gained by the vast: quantities 
of fish taken by poor men's labour, which being carried to Spain. 
Portugal. Italy and (until the French possessed themselves of the 
trade > to France, there was imported oil. wine, sugar and other 
goods which paid great customs to the Crown. Between two and 
three hundred ships are employed in the trade, which yearly carry 
out from fifteen hundred or two thousand iandmen or boys, who 
in two or three voyages become seamen. The French esteem thi> 
trade so much that they have given it the greatest encouragement. 
Particularly, in the strictest embargo* of this war. ships have 
had liberty to sail thither. Also their great fishery on the bank 
and in harbours has lately bred men more seamen than we. and 
not only so but they have used all endeavours to discourage us 
and beat us out of that trade. Last season in particular they sent 
such a strength of ships and men that they ruined a third part of 
our harbours and took and destroyed about thirty sail of our ships 
ana eargos, burned the houses, stages, boats, etc.. of the planters 
and gave them their ships to carry them home, hoping to extirpate 
us from the trade. To prevent this we beg that a competent 
number of ships of war may be sent away as early in the spring 
as the 1st of March next to defend and secure our fishery and. as 
opportunity serves, to disturb the French in their fishery. We 
beg also for protection for the fishermen as well as for the seamen 
of our ti -thing ships to sail with the said squadron, that niliBi 
convoy may sail on 1st June with the sack-ships that go to fetch 
the fish and carry it to markets, that about the 20th of September 
one or more of the men-of-war may convoy the ships bound to 
Cadiz and to the Straits a high as Leghorn, another convoy 
guarding those bound to Portugal and a third those bound to Bilbao, 



238 COLONIAL PAPEES. 

1696. 

and that the residue bring the ships bound to England with oil, 
fish and passengers. We beg also that measures be taken for the 
security of the trade and of the harbours as well in the winter as 
in the summer. Thirteen sir/natures. 1 p. Dated apparently 
5 December ; but endorsed, delivered to the Board and read 4 Dec., 
1696. [Board of Trade. Newfoundland, 8. No. 14; and 25. pp. 
45-47.] 

Dec. 4. 464. Council of Trade to Secretary Trumbull. Desiring 
Whitehall, that certain Indians, brought as French prisoners from Hudson's 
Bay, be sent to London, and that they be very kindly used. 
Si/jned, J. Bridgewater, Hi. Meadows, Wm. Blathwayt, John 
Pollexfen, Abr. Hill. [Hoard of Trade. Plantations General, 34. 
p. 91.] 

Dec. 4. 465. William Popple to the Attorney-General. Desiring an 
Whitehall, answer to his enquiry as to the King's power to erect Admiralty 

Courts in the Proprietary Colonies. [Hoard of Trade. 

Proprieties, 25. p. 13.] 

Dec. 4. 466. The Attorney-General to William Popple. On perusal 
Innor Temple. o f the charters of lihode Island, Connecticut, Pennsylvania, 
Carolina, the Bahama Islands and East and West Jersey I find 
nothing therein to restrain the King's power to erect Courts of 
Admiralty in those Colonies, so I am of opinion that he may direct 
the Commissioners of Admiralty to issue commissions for exercising 
Admiralty jurisdiction and for the appointment of officer B in them 
the same. Signed, Tho. Trevor. 1 p. Endorsed, Eecd. 5th, 
Eead 7th Dec., 1G96. [America and West Indies. 601. No. 37 ; 
and Board of Trade. Proprieties, 25. p. 14.] 

Dec. 4. 467. Minutes of Council of Barbados. Governor Eussell's 
instructions relating to powers of Vice-Admiralty referred to the 
law officers for their opinion. Thomas Sadleir appointed Chief 
Baron of the Exchequer. The Assembly desired a General Con- 
ference as to the bill concerning trade, and brought up bills to 
settle the militia, to establish Agents, and an additional bill for 
quartering soldiers. 

Dec. 5. Order that the President and any two members, or any three 
members in the President's absence, may sit to hear and consider 
petitions. [Board of Trade. Barbados, 65. pp. 169-170.] 

Dec. 5. 468. Mr. Tucker to William Popple. The King has ordered 
Whitehall. Mons. de la Forest, late Governor of York Fort in Hudson's Bay, to 
be heard touching the alleged breach of articles between himself 
and Captain William Allen upon the surrender of that fort ; and 
Mr. Secretary desires that it may be heard at the Council of Trade 
on Monday next. Pray give notice to Mons. de la Forest and the 
Governor and Company of Hudson's Bay to attend. Signed, 
J. Tucker. J p. Endorsed, Eead 7 Dec., 1696. [Board of Trade. 
Hudson's Bay, 2. No. 1 ; and 3. p. 1.] 

Dec. 7. 469. Eeceipt for a copy of the Order in Council of 5 
November, 1696, for disallowance of two Acts of Massachusetts. 
Signed, Hen. Ashurst. J p. [Board of Trade. New England, 8. 
No. 43 ; and 36. p. 69.] ' 



AMEEICA AND WEST INDIES. 239 

1696. 

[Dec. 7.] 470. Memorial presented by the Agents for Jamaica. We 
would ask that the King should grant 1,500 soldiers; that the 
Governments of Carolina, Pennsylvania, etc., he strictly forbidden 
to entertain pirates ; that the King will send out a squadron equal 
to that of the French to encourage the merchants to send ships and 
necessaries, there being at present a stop to both ; that the men-of- 
war be ordered not to bring off debtors, nor to impress freehold 
inhabitants nor seafaring men from the provision-ships from North 
America ; and that supernumerary men be sent yearly to recruit 
the crews of the men-of-war, i p. Endorsed, Given in 7th Dec., 
1696. [Board of Trade. Jamaica, 8. No. 84.] 

Dec. 7. 471. Petition of Gabriel de la Forest, late Governor of Fort 
Bourbon, Hudson's Bay, to the King. I am a subject of the most 
Christian King. About the year 1694 Mons. de Bourville was sent 
Comrnander-in-Chief on an expedition to Hudson's Bay and 
pursuant to instructions attacked Fort York, then in possession of 
the English, which was surrendered to him on a capitulation, which 
was punctually observed. The fort was then re-named Fort 
Bourbon, and I was made Governor and remained there in quiet 
possession for nearly two years until the end of August last. Then 
Captain Allen came with H.M.S. Bonadventure and four other ships 
and attacked the fort, when, being forced by want of provisions, I 
surrendered on a capitulation, of which copy is annexed. I and 
my garrison, according to capitulation, were put on board the Bon- 
adventure with several goods and merchandises which, by the terms 
of the capitulation, were to be carried with us to Placentia, in 
Newfoundland. I also asked Captain Allen to allow the two guns 
to be put on the Bonadventure, as agreed by the articles. But 
Captain Allen, contrary to the laws of Nations and of arms, has 
violated the capitulation not only by refusing to carry away the two 
guns and by seizing and detaining our goods, but by cruel and 
barbarous treatment of us in transporting us several hundred 
leagues from Placentia, and exposing us to all the perils of the sea in 
a small bark among the ice, from whence it was next to impossible to 
have escaped. I beg for restitution of our arms and goods, and 
that I and my garrison may be sent to France as soon as possible. 
Signed, G. de la Forest. 1 p. Endorsed, Eecd. and read 7 Dec., 
1696. Annexed, 

471. i. Captain William Allen to Governor de la Forest. 
H.M.S. Bonadventure, 28 Aug., 1696. Summoning him 
to surrender Fort Bourbon on good quarter, since he is 
come with ships, men and artillery enough to surround 
it on all sides, and has driven M. de Bourville from the 
bay. Copy. p. 

471. n. Captain Allen to Governor de la Forest. H.M.S. 
Seaford, 20 Aug., 1696. I agree to all your articles but 
two. (1) I cannot carry you to Newfoundland in our 
ships as we are to stay in the bay all the winter, but to 
shew you that I desire no bloodshed I will spare you a 
small bomb-vessel to go whither you will, and will 
provide her with victuals and necessaries. (2) I cannot 
let you have all the beaver, etc., as I presume the greater 
part of it has been bought with British effects. Copy. J p. 



240 COLONIAL PAPERS. 

1696. 

471. in. Captain Allen to Governor de la Forest, 30 August, 
1696. Since you say the vessel is too small I will give 
you a man-of-war to transport you and your effects, as 
you desire, provided you surrender by six o'clock 
to-morrow morning. p. 

471. rv. Articles of Capitulation for the surrender of Fort 
Bourbon, late Fort York, 31 August, 1696. The terms 
are for the garrison to march out with the honours of 
war, taking their two guns with them, and be trans- 
ported in a proper ship to Placentia, together with the 
furs and other goods traded this year. Copy. 1 p. 
A schedule of the furs, etc., is attached. The whole 
endorsed, Eecd. and read 7 Dec., 1696. [Board of 
Trade. Hudson's Bay, 2. Nos. 2, 2 i.-iv. ; and 3. 
pp. 2-8.] 

Dec. 7. 472. Proposals offered by the merchants of Exeter trading 
to Newfoundland. (1) We think it unavoidably necessary for eight 
or ten men-of-war to sail direct from England to Newfoundland at 
the beginning of February, or the middle at farthest, and that with 
them should go at least one entire regiment of foot-soldiers ; 
whereby we may hope not only to re-take the harbours of which 
the French have lately deprived us, but to secure them from future 
attempts and to defeat the French in their own fishery by assault- 
ing their plantation of Placentia before they can be reinforced. 
(2) We conceive that during the war it will be necessary to establish 
a Governor in Newfoundland for the safety of the place and security 
of English subjects trading thither. The French have sufficiently 
taught us this experience this year by their discipline under a 
government, when we were all in confusion without a head. (3) 
After the reduction of these territories it will be necessary to fortify 
the harbours of St. John's, Ferryland and Placentia, being the 
principal places for fishing and for security of ships. (4) We beg 
that a convoy be appointed to depart in January with the ships 
bound for Ireland to take in provisions for the subsistence of the 
inhabitants of Newfoundland, also other convoys to go with the 
ships bound for Lisbon and Cadiz to take in salt for the fishery 
and so to depart with them for Newfoundland ; for should the 
fishing-ships arrive there and have no supply of salt, their voyages 
will be totally lost. | p. Endorsed, Reed. 7 Dec., 1696. [Board 
of Trade. Newfoundland, 3. No. 15.] 

Dec. 7. 473. Journal of Council of Trade and Plantations. The 
Attorney-General's opinion as to the King's power to erect Admiralty 
Courts in the Colonies was read (see No. 466). The merchants 
of Newfoundland attending desired a speedy resolution upon the 
business, and stated their opinion as to the convoys required. 
Several letters from the Mayors of the West Country ports were 
read (see Nos. 441, 442, 449, 450). 

Mons. de la Forest and several members of the Hudson's Bay 
Company attended, when the petition of the former was read. The 
Company denied all knowledge of the Articles of Capitulation and 
asked for further time to prepare their defence, which was granted. 
Messrs. John Heathcote, J3rodrick and Lowe, of Jamaica, presented 



AMERICA AND WEST INDIES. 241 

1696. 

a short memorial as to the state of the Island, and dwelt on the 
danger that now threatened it. Governor Fletcher's letters of 
22 August and 17 September read. 

Dec. 8. A letter from the Secretary of Connecticut of 2 September was 
read, also Mr. Usher's letters of 80 September and 8 October. 
Order for Mr. Samuel Allen to attend to-morrow and, if possible, 
bring Capt. Shadrach Walton with him. Mr. Isaac Addington's 
letter of 22 September read. 

Dec. 9. Order for a representation as to Newfoundland to be drawn up 
(see No. 482). The Jamaica Agents reported that the people in 
the Island were so much alarmed at the French preparations that 
they were moving all their goods on board ship. They were 
directed to attend again to-morrow. Memorial of Mr. Eandolph 
read (see No. 480), on which it was ordered that the solicitor for 
the Proprietary Colonies have notice to attend on Friday next. The 
New York Agents delivered in several papers. Mr. Usher's 
letters of 30 September and 5 October were read. 

Dec. 10. The Jamaica Agents again represented the danger and depopula- 
tion of the Island, and were recommended to prepare a scheme to 
encourage poor and unemployed persons to remove thither. 
Representations as to Nieu Tortolen, Bermuda, convoys and the 
laws of Massachusetts were signed. Mr. Newton attended and 
confirmed the intelligence of the siege of Saco Fort. The Secretary 
reported the receipt of Mr. Penn's letter of the 9th inst. 

Dec. 11. A standing order issued. that all appeals from the Plantations 
shall be heard in Privy Council. Order for Mr. William Partridge 
to attend on Wednesday next, also that several witnesses named by 
Mons. de le Forest attend on Monday. The Representatives of the 
Proprietary Colonies, being acquainted with the Attorney-General's 
opinion as to the King's power to establish Admiralty Courts, 
desired to be heard by counsel against it, which was granted. Mr. 
Penn, being left alone, renewed his protest against certain Acts of 
Maryland (see No. 478). As a Proprietor of East New Jersey he 
complained that Governor Fletcher compelled ships arriving there 
with goods from England to pay New York duties ; but was 
answered that Governor Fletcher had instructions to do so. As to 
the quotas, he conceived that the matter would be best settled by 
deputies from each province meeting in a common Assembly, and 
promised to draw up a scheme on the subject. He then placed in 
the Board's hands a letter to himself, dated 13 June, 1695, with the 
signature erased, containing several complaints against Governor 
Fletcher, and in discourse suggested similar complaints against 
Governor Nicholson. Ordered that letters be written to him and to 
Colonel Winthrop requiring them to state in writing the particular 
complaints against those persons. 

The Jamaica merchants attended respecting the design to send 
emigrants to Jamaica and were desired to put the same into writing. 
Orders as to the laws of the Colonies now in the hands of the law 
officers. [Board of Trade. Journal, 9. pp. 263-278.] 

Dec. 7. 474. Minutes of General Assembly of Massachusetts. 
Proposal for further strengthening of the Castle on Castle Island 
debated. A vote to that effect and for enlarging the salaries of the 

2818X Q 



242 COLONIAL PAPERS. 

1696. 

officers at the Castle was brought up from the Representatives 
and read. 

Dec. 8. Act agaiust high treason passed and enacted. Conference with 
the Representatives as to payment of the troops employed in the 
late expedition. The votes of the Representatives as to the Castle 
were again read. Votes for grant of 15 to Colonel Bartholomew 
Gidney, and of 30 to Lieutenant-Colonel Hathorne, commanders 
in the late expedition, were sent down to the Representatives. 

Dec. 9. The votes for grants to Colonels Gidney and Hathorne were 
returned from the Representatives with non-concurrence. Additional 
bill to the Act as to nuisances, read, engrossed and sent down to 
the Representatives. Voted in concurrence with the Representatives 
that a Committee be appointed to examine the petition of Peter 
Ayre, that 10 be granted to Major James Convers for his services 
in negotiations with the Indians and equipping of troops, for con- 
firmation of certain disputed land to Samuel Gookin and Samuel 
How, and for abatement of arrears due to the Treasury by John 
Hoyt, who was lately murdered by Indians, leaving little or no 
estate. 

Dec. 10. Private bill as to John Moore's estate, passed and enacted, also 
the additional bill to the Act as to nuisances. Vote in concurrence 
with the Representatives for passing the Treasurer's Accounts. 
Order for a new bill to be prepared for incorporation of Harvard 
College. 

Dec. 11. A declaration containing several articles of confession, an appoint- 
ment for a day of public fast, and a proposal for a proclamation to 
excite officers to their duty, were received from the Representatives 
and negatived. Order for a public fast, to be held on the 14th of 
January, sent down for concurrence. Report as to the state of Port 
Royal read. ' Grant of 7 11s. Od. voted to Captain Samuel 
Partrigg towards the expense of a special Court of oyer and 
terminer, lately held. 

Dec. 12. Proposals from the Representatives that bills be prepared as 
follows, to appropriate all fines in each County to the public service 
within it, for the public sale of insolvent estates, for regulation of 
Winisimet ferry, and as to escapes from prison. Order for stating 
of the accounts of the forces and seamen read. [Board of Trade. 
New England, 48. pp. 102-108.] 

Dec. 8. 475. Minutes of Council of Maryland. Thomas Tench, on 
reporting that he had hopes of finishing the business of Colonel 
Copley's accounts to-morrow, was told that he would then be 
re-admitted to his seat in Council. 

Dec. 9. Colonel Addison received a commission to act as Chancellor, 
Colonel Jowles being absent through lameness (p. 183). 

Dec. 10. Order for continuing the officers and men added to the party of 
rangers on the Potomac, and for the party to remain together all 
the winter. The Governor presented them with ten dollars to 
drink the King's health. 

Dec. 11. Letter from the Governor of New York read and ordered to be 
entered in the Council book ; but it was conceived unnecessary to 
send an answer. Mr. Plater produced bills for 300 received from 
Sir Edmund Andros and was ordered to remit the same to England, 



AMEEICA AND WEST INDIES. 



243 



1696. 



Dec. 12. 



Dec. 9. 



Dec. 9. 

Gerard 
House. 



Dec. 9. 

London. 



as also the accounts of revenue and shipping. Referred to the 
law-officers, whether 150 paid to Colonel Nicholas Greenberry as 
President of the Council was legally paid to him, and whether the 
Act of Assembly confirming the proceeding in any way validates it 
(pp. 191-192). 

Colonel Addison was commissioned and sworn as Chancellor. 
The justices and lawyers, on being consulted, reported that it would 
be much more convenient that the Courts of Governor and Council 
and of Chancery should not sit until the end of the Provincial 
Court. Ordered that those Courts sit in future on the day after 
the rising of the Provincial Court. The case of John Coode 
having been referred to the King's Counsel, they reported that he 
had been prosecuted for recovery of 439 due from him to the King 
as Receiver of Potomac district, and also for blasphemous language ; 
but that before execution could be done Coode had removed him- 
self and all his goods into Virginia. They advised, therefore, that 
the Governor of Virginia be asked to arrest him and return him to 
the Government of Maryland. The Justices of the Provincial 
Court concurred herein (pp. 185-188). Order for payments for 
repair of arms. The petition of William Dent for salary as 
Solicitor-General was read, and the Governor was asked to recom- 
mend his petition to the King and Council in England (pp. 199-200). 
[Board of Trad^. Maryland, 13. pp. as cited. ~\ 

476. Minutes of Council of Barbados. The Council agreed 
to the Assembly's Amendments to the Bill for decision of Elections. 
Order for a guard to be kept on the gaol. A member was sent up 
to discourse the French Captain as to his desire to be removed to 
another quarter. [Board oj Trade. Barbados, 65. pp. 170-171.] 

477. Earl of Macclesfield to Council of Trade and Planta- 
tions. Recommending Mr. Corker as a fit person to act as 
Attorney-General for Virginia and the adjoining plantations, and 
asking their assistance towards obtaining for him that office. 
Signed, Maclesfield. J p. Endorsed, Reed. 28th, read 30th Dec., 
1696. [Board oj Trade. Virginia, 6. No. 10.] 

478. William Penn to William Popple. "Esteemed friend," 
Two laws are passed in Maryland, one laying ten per cent, on all 
English goods coming to Pennsylvania through that province by 
any Maryland or Virginia ships that go hence for the tobacco, to 
the great detriment of our province and discouragement of our 
trade from hence and goods from thence hither a new and un- 
neighbourly if not unjust treatment. The other law lays a high 
duty upon our beers imported in that province, which we think 
churlish and destroying a good correspondence between the King's 
subjects in both provinces ; for if we should refuse them provisions 
for their ships bound to England with tobacco, they must lie in 
their rivers for want of them. I therefore pray that no such laws 
pass the Committee in order to a confirmation, till we are heard in 
our exception to the said and like laws. Signed, Win. Penn. 
Holograph. 2 pp. Endorsed, Reed. 19 Dec., 1696. [America 
and 'West Indies. 599. No. 28.] 



244 COLONIAL PAPERS. 



1696. 

Dec. 9. 479. The Mayor of Poole to Council of Trade and Plantations. 
Pooie. j n reply to Mr. Popple's letter of 28 November I have enclosed the 
proposals of the merchants of the town interested in Newfoundland 
to Mr. Solomon Merrit, to whom they have given orders to attend 
you. Signed, Tho. Hyde. p. Endorsed, Rec. and read 14 Dec., 
1696. Annexed, 

479. i. Proposals of the merchants and others of Poole, 
interested in Newfoundland. (1) We think it absolutely 
necessary that eight men-of-war sail from England 
direct to Newfoundland by the middle of February at 
latest, with a competent number of land forces, for the 
recapture of the harbours lately taken by the French, 
for their better preservation in future, and also for attack 
on the French plantations before they are reinforced. 
(2) We propose a Governor as very necessary to be 
constantly at Newfoundland during the war for the 
better security of the country and inhabitants, having 
sufficient experience that discipline under a Government 
has been a great advantage to the French, and the want 
of it a great loss to us. (3) We propose that St. John's 
and Ferryland (when reduced) be fortified, being the 
principal places of fishing and security of ships. (4) A 
convoy should be ready in January next to sail with the 
ships bound for Ireland to take in provisions for the 
inhabitants of Newfoundland, and another convoy for 
the ships that sail to Spain and Portugal for salt, the 
want of which would overthrow the fishing-ships and 
planters' voyages. (5) For the security of the fishing, 
harbours and inhabitants to northward of St. John's, 
viz., from St. John's to Cape Bonavista, a competent 
number of men-of-war (four at least would be necessary) 
should be appointed to cruise between these places 
throughout the fishing-season and until the ships are 
ready to sail. (6} Sufficient convoys should be appointed 
for the ships homeward bound with train-oil, wet fish, 
and passengers. During the absence of the shipping 
the Governor, for the better preservation of the settle- 
ments, should depute one of the chief inhabitants in 
every harbour to govern that harbour, according to 
instructions which shall be issued by that Governor. 
It is also necessary that this Governor should have been 
acquainted with the constitutions of the Colony. For 
the security of the north part as we'll as the south 
during the winter Carbonere and Bonavista should be 
fortified, the number of inhabitants and the trade being 
as great there as in other parts of the Island. Signed, 
Tho. Hyde, Mayor, and by twenty-six others. 1J pp. 
Endorsed as the coloring letter. [Board of Trade. 
Newfoundland, 3. Nos. 16, 16i.] 

[Dec. 9.] 480. Memorial of Edward Eandolph to the Council of Trade. 
Learning that my memorial as regards the Government of the 
Proprieties has been submitted to you, and being anxious to return 



AMERICA AND WEST INDIES. 



245 



1696. 



Dec. 10. 



Dec. 10. 

Kensington. 



Dec. 10. 

Kensington. 



to the Colonies, where my presence is absolutely necessary for 
enforcement of the Acts of Trade and of the Scotch Act, I am 
attending you with proofs of the statements in my memorial, in 
order that my despatches may be completed, and that I may embark 
without delay. Signed, Ed. Randolph. Holograph. % p. Endorsed, 
Reed, and read 9 Dec., 1696. [America and West Indies. 601. 
No. 88.] 

481. Minutes of Council of Massachusetts. On the petition 
of Richard Bart for a divorce, a warrant was issued for the parties 
to appear on the ^4th inst. [Board of Trade. New England, 49. 
p. 59/] 

482. Order of the King in Council. Referring a representation 
from the Council of Trade, as to convoy for the Newfoundland salt- 
ships, to the Admiralty for report. Copy. J p. Endorsed, Reed. 
18 June, 1697. [Board of Trade. Newfoundland, 3. No. 17 ; 
and 25. p. 120.] 

483. Order of the King in Council. Referring a representa- 
tion and other papers from the Lieutenant-Governor and Council of 
Massachusetts to the Council of Trade for consideration. Signed, 
Wm. Bridgeman. %p. Endorsed, Reed. 12 Dec. 1696. Read 14th. 
Annexed, 

483. i. Address of the Lieutenant-Governor and Council of 
Massachusetts to the King. We thank you for your 
princely care and feel emboldened to lay before you our 
despairing condition. For a long time past we have 
languished under a wasting war, whereby our estates 
have been much exhausted and many among us 
captured or destroyed. The enemy are reinforced by 
Indians drawn from the remoter parts of this Continent, 
by large supplies of arms and stores and by ships of 
greater force than formerly, whereby they have been 
enabled to make great impressions on us this summer 
through the capture of H.M.S. Newport by the men-of- 
war, and of the fort of Pemaquid by a land-force of 
near two hundred Frenchmen with mortars and cannon. 
The French interest is greatly advanced and your 
Majesty's interest is languishing. The places from 
which you have been supplied with naval stores are in 
danger to be seized, and our trade both north and south 
is greatly decayed. The charge of war has lain 
heavy on this province, Connecticut having contributed 
little and Rhode Island and New Hampshire nothing at 
all to the support of your interest, but having drawn a 
considerable charge on us for their defence. We there- 
fore implore your royal aid, humbly praying that the 
several governments may be jointly concerned in the 
prosecution of the war and in supporting the charge 
thereof ; that Port Royal and St. John's in Acadia or 
Nova Scotia may be settled by the erection of a regular 
fortification, with all necessary stores of war and a 
suitable garrison of soldiers at the charge of your 



246 COLONIAL PAPERS. 

1696. 

Majesty's exchequer, which, it is apprehended, will be a 
greater bridle on the enemy than Pemaquid could be ; 
that a suitable supply of warlike stores may be despatched 
hither for our forts and garrisons ; that the two frigates 
here may be reinforced by one or more ships of greater 
strength to guard the coasts and the navigation (the 
French ships of war that have visited these parts in 
this year exceeding what has formerly been in number 
both of guns and of men) and that one of the frigates 
may convoy our vessels going to the West Indies to 
load salt for the fishery, being the chief staple of this 
country, since the seamen of the frigate will thereby be 
better secured to you, and the charge not augmented ; 
that the seamen impressed for your service here may be 
paid when the ships are laid up for the winter, many of 
them having wives and children that depend upon the 
profits of their labour for subsistence, which would be a 
great encouragement to the seamen and a great relief 
to your subjects, also that a clerk of the cheque be 
appointed to muster the seamen of your ships from time 
to time, whereby the grievance of continuous and 
needless impresses will be redressed ; that you will take 
into consideration the reduction of Canada, the unhappy 
fountain from which issue all our miseries, whereby the 
honour and revenue of the Crown will be increased, the 
Northern Indians will be entirely gained, and the 
interests and trade both of the Northern and Southern 
Plantations revived and secured. Thus in humble depend- 
ence on your favourable answer for the rescuing of a lan- 
guishing province and preserving alive a people entirely 
devoted to your service, we prostrate ourselves at your 
feot. Si<tatiires lost, but given in the Entry Book as, 
Wm. Stoughton ; Penn Townsend, Speaker. Large 
sheet. Dated, 24 September, 1696. The whole endorsed, 
Reed. 12th, read 14th, 1696. Attached, a memorandum 
stating that Governor Fletcher's letter of 22 August, 
1696, Lieutenant-Governor Stoughton's of 24 September, 
1696, and the narration of the taking of Pemaquid fort, 
were also sent with this Order in Council. [Board oj 
Trade. New England, 8. Nos. 44, 44 1. ; and 36. 
pp. 98-96.] 

Dec. 10. 484. Order of the King in Council. For the disallowance of 
Kensington, the following Acts passed in Massachusetts in 1693 and. 1694 ; 
Additional Act for establishing Courts, Additional Act to several 
laws, further Additional Act to the Act for establishing Courts, 
Additional Act for setting forth general privileges, Act for regulat- 
ing the Chancery. The reasons for disallowance are set forth as in 
the Minute of the Lords of Trade and Plantations of 10 January, 
1696. Signed, Wm. Bridgeman. Copy. 2 pp. Endorsed, The 
original given to Sir H. Ashurst. [Board of Trade. New 
England, 8. Xo. 45 ; and 36. pp. 97-99.] 



AMEEICA AND WEST INDIES. 



247 



1696. 

Dec. 10. 485. Lords of Trade and Plantations to the King. Report 
on the laws of Massachusetts, whereon the preceding Order in 
Council was founded. [Board, of Trade. New England, 36. 
pp. 75-78.] 

Dec. 1Q 486. Order of the King in Council. That the Council of 
Kensington Trade send the memorial of the envoy of Brandenburg to the 

Governor of the Leeward Islands, with orders as proposed in their 

representation. Signed, Wm. Bridgeman. J p. Endorsed, Reed. 

18 Dec. 1696, read 19th. {Board of Trade. Leeward Islands, 5. 

No. 20; and 45. p. 37.] 

Dec. 10. 487. The Council of Trade and Plantations to the King. 
The preparations made by the French, which seem to be for the 
West Indies, oblige us to represent to you the very great importance 
of the Bermuda Islands, the situation of which is so much in the 
way of traders to America that if these Islands were ever possessed 
by the French they might be turned to the entire destruction of 
our West Indian trade. Though the natural strength of the Islands, 
environed as they are with rocks, is a great security to them, we 
have reason to apprehend that, as regards forts, stores, etc., they 
are not in such a condition of defence as is necessary. We beg 
that some skilful person may be sent thither to survey the place 
and direct the planters as to their better defence, and to bring back 
a full report. Signed, 3. Bridgewater, Tankerville, Ph. Meadows, 
Will. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. 
Bermuda, 29. " pp. 5-6.] 

Dec. 10. 488. Order of the King in Council. For an engineer to be 
Kensington, sent to Bermuda as recommended in preceding abstract. Copy. 
1 p. Endorsed, Reed. 18 Dec. Read 19 Dec. 1696. [Board of 
Trade. Bermuda, 3. No. 3 ; and 29. pp. 6-7.] 

Dec. 10. 489. Council of Trade and Plantations to the King. Recom- 
mending for confirmation six Acts of Montserrat and ten Acts of 
the General Assembly of the Leeward Islands. Signed, J. Bridge- 
water, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. 
[Board of Trade. Leeward Islands, 45. pp. 34-36.] 

Dec. 10. 490. Council of Trade and Plantations to the Queen. On 
the memorial cf the Envoy of Brandenburg (see No. 382) we would 
represent that though the Island of Nieu-Ter-Tholen be of much 
value, yet the facilities which it possesses for smuggling and for 
defrauding the Customs are such that it is important (so far as con- 
sists with justice) to discourage the planting and inhabiting of it. 
As to the justice of the present demand, there is no evidence 
that Sir William Stapleton took over the Island in trust, and we 
have reason to believe that he took it by conquest in 1672. We 
therefore recommend that the memorial and its enclosures be sent 
to Governor Codrington for his report. Signed, J. Bridgewater, 
Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. 
[Board of Trade. Leeward Islands, 45. pp. 30-31.] 

Dec. 10. 491. Council of Trade and Plantations to the King. We 
have not yet received answers from the out-ports that may enable 



248 COLONIAL PAPEES. 

1696. 

us yet to report upon the whole business of Newfoundland. Mean- 
while the merchants of Bristol, Barnstaple and Bideford have 
applied to us for one fourth-rate or two fifth-rate frigates to be 
ready at Milford at the beginning of next month to convoy their 
ships to Portugal, there to lade salt, and from thence to Newfound- 
land. They insist that unless they have such a convoy for their 
ships to lade salt (which is absolutely necessary for the fishery), 
they will not undertake to go upon the trade this year. We beg 
you to order the convoy that they desire, that trade being of such 
importance to your service. Signed, J. Bridgewater, Tankerville, 
Ph. Meadows, William Blathwayt, Jno. Pollexfen, Abr. Hill. 
[Board of Trade, Newfoundland, 25. pp. 47-48.] 

Dec. 11. 492. The Mayor of Plymouth to William Popple. I have by 
Plymouth, this post sent to Sir John Elwill, a member of the House of 
Commons and of the Committee of the Council of Trade, copies of 
the Patents of King Charles the First and Second, relating to the 
Newfoundland trade, from the originals in my custody, also the 
proposals of the merchants and others interested in that trade. 
Sir John Elwill has been desired to act as our solicitor. Signed, 
John Munyon. J p. Endorsed, Reed, and read 14 Dec., 1596. 
Annexed, 

492. i. Address of the merchants of Plymouth to the Council 
of Trade and Plantations. Much has been said at 
sundry times as to the encouragement and support of 
the trade to Newfoundland from the Western ports. 
The patents granted by King Charles I. and King 
Charles II. show how much those princes furthered the 
promotion thereof for the advantage that accrued to the 
nation in breeding a continual nursery of seamen, which 
was useful for their royal service beyond any employ- 
ment or navigation in England. It has been made 
plain to King Charles II. in Council that there have 
been employed in the Newfoundland fishery from the 
ports of Bristol, Bideford, Poole, Weymouth, Lymington, 
Exeter, Dartmouth, Plymouth, etc., and concomitants 
depending thereon, from 250 to 300 sail of ships, some 
of considerable burden and force, and from fifteen to 
twenty thousand men, commonly one quarter of them 
raw men never used to the sea, which afterwards grew 
up to be stout and strenuous seamen, as has been seen in 
the different wars of the past forty years against the 
Dutch. Besides the great advantage which the nation 
had at home by the employing and keeping to work of 
several sorts of manufactures, as of seines, nets, etc., and 
the employing of several tradesmen as carpenters and 
so forth, the trade consumed a larger stock of 
provisions than any other navigation. But of 
late the trade is fallen much to decay and almost 
brought to nothing, especially to that end for which 
it was first encouraged, namely for the furnishing 
of ships, the breeding of seamen and the employ- 
ment of tradesmen at home. The war which has 



AMERICA AND WEST INDIES. 249 

1696. 

consumed BO many of our seamen during the past 
forty years, has caused many to transport themselves 
to Newfoundland to avoid the King's service, to 
reside there during the winter under the name of 
planters, to settle themselves in the best harbours and 
take up the best fishing places therein, to the detriment 
of the fishing ships, contrary to the patents already 
mentioned, which plainly forbid any planter to settle 
or build any house within six miles of any harbour or 
fishing place. But this they do, for there is no land fit 
to be manured for to bring forth anything fit for the 
support of mankind, and those that remain there have 
supplies of provision from New England, Ireland and 
other parts, not regarding the benefit of England. For- 
asmuch as the trade needs encouragement and protection 
in this time of war, it must be laid down first for a cer- 
tain maxim that it cannot be secured but by sending 
out early from England six good frigates. These should 
sail at the beginning of March at farthest, should be 
well manned and stocked with provisions and ammuni- 
tion for eight or ten months at least, and should 
be commanded by good, sober, experienced officers, well 
acquainted with the coast and with the affairs of the 
country. Had this been done last spring the damage 
sustained from the French might have been prevented, 
and probably as much damage would have been brought 
on the French as they have brought on us. Nothing 
can secure the trade but this method. It is true that 
St. John's may easily be fortified, for the harbour 
is narrow and difficult to enter, and there are no places, 
where an enemy can land and come in on their backs, 
but may easily be prevented. Ferryland may be forti- 
fied and secured for any ships to enter, but there are 
landing places both on the North and South sides where 
an enemy may land and march into the harbour, as the 
French did lately ; so that besides the fort at the har- 
bour's mouth there must be a regular fort built and 
maintained within. But, granting it should be 
thought necessary to fortify these two places, what will 
, it signify to protect the ships that fish in forty 
or fifty places, more than three hundred miles from 
North to South ? It must be concluded that no means 
can secure the trade but the sending of ships as aforesaid. 
It will be necessary also to send away about Midsummer 
two or three other frigates to convoy the ships that shall 
be bound there for sacks to take off the fish that shall 
be made, and to return at the end of the year when the 
fishing is over. With such ships as come home to 
England with oil and fish, the former frigates may be 
disposed of as convoys to their several markets in Italy, 
Spain and Portugal. No ships nor men-of-war can be 
better employed for the King's service and the good of 
the nation than those on this aifair, considering the great 



250 COLONIAL PAPEES. 

1696. 



return they bring of bullion, wines, etc., to the great 
advantage of the King's customs. It may be worthy of 
note, for the encouragement of this trade and the 
increasing of seamen, that our East and West India trade 
carry many men out and oftentimes bring home but few 
and at no time bring any increase of seamen. But those 
that go to Newfoundland are so well provided with 
victuals and labour that they come home healthy and 
well ; and yearly the employment requires a quarter 
part of strong men who are not seamen. But by using 
in their voyages they become habituated, and most of 
them prove very serviceable in any other employment. 
It is worthy of consideration by the Council also whether, 
looking to the failure of the main supply of salt, which 
we used to obtain from France, owing to the war, and 
to the difficulty and cost of obtaining it from Spain and 
Portugal, a convoy of two men-of-war might not be sent 
to secure such sack-ships as shall go to the Isle of May 
and thence to Newfoundland (as had been many years 
accustomed) when it costs no more than labour and 
provisions. It may also be useful for those who 
send ships to the Isle of May to bring salt for England, 
which will supply England on easier terms than 
could be done in any other way ; and the same convoy 
might do for both. Such undertakings have been made 
when salt was much cheaper than it is now, and have 
been found beneficial to the Kingdom ; and as Dart- 
mouth, which for forty years, until the interruption 
caused by the present war, had the greatest share of 
that employment of any port in the Kingdom, has 
presented at large particular reasons relating to the 
advantage and benefit of that trade, we express our 
agreement and concurrence with the same, excepting 
only that we think Plymouth a more commodious place 
than Torbay for making up the fleet. In particular we 
lay stress on the protection of their men from impress- 
ment ; and we doubt not you will consider all good 
methods for encouraging the trade. Kings Charles the 
First and Second, when addressed by such arguments 
as were then laid down, laid aside in Council anything 
that might be thought uneasy and burdensome to the 
same. When Sir Bobert Robinson petitioned for a 
Commission as Governor of Newfoundland, the argu- 
ments then adduced shewed how useless, burthensome 
and troublesome a Governor would be, and their 
Majesties in Council laid the petition aside, and 
also added powers to the former patents forbidding 
inhabitants to build or inhabit houses within six miles 
of any fishing harbour, with sundry other rules and 
articles. We now beg that the Council of Trade will 
order such rules and regulations as will encourage the 
trade. 5 pp. Endorsed, Kecd. 18 Dec., 1696. [Board 



AMERICA AND WEST INDIES. 



251 



1696. 



of Trade. Newfoundland, 3. 
closure only) "25. pp. 49-54.] 



Xos. 17, 17 i. ; and (en- 



[Dec. 12.] 493. A list of certain Acts of Massachusetts, passed in the 
sessions of 1695 and 1696, which were sent to the Solicitor-General 
on 12 December, 1696. 1 p. [Board of Trade. New England, 8. 
No. 46; and 36. p. 92.] 

[Dec. 12.] 494. List of Acts of Jamaica sent to the Solicitor General 
on 12 December, 1696. Act for quartering the King's soldiers, Act 
for better government of slaves, Act for speedier collection of quit- 
rents, etc., Act to collect arrears of levy, Act to pay the debts 
incurred during the late invasion and to fortify Port Morant, Act to 
appropriate the additional duty to the revenue. J p. Endorsed, 
The Acts read Feb. 4, 1697-8. [Board of Trade. Jamaica, 8. 
Non. 35 and 56. p. 58.] 

[Dec. 12.] 495. William Popple to William Penn and Fitzjohn 
Whitehall. Winthrop. After you left the Council of Trade yesterday the Lords 
reflecting on the importance of the things suggested by you (as has 
already been done by others) against Governor Fletcher and also 
against Governor Nicholson have ordered me to acquaint you that 
they are not only ready, but desirous to receive all manner of proof 
of that kind which you or any other person can produce, and that 
a particular account of such accusations as can be made good will 
be a very acceptable piece of service to them, from what hand soever 
it comes. [Board of Trade, New York, 52. p. 51.] 

Dec. 12. 496. William Popple to the Solicitor-General. Forwarding 
Whitehall. Acts of Massachusetts and Jamaica for his opinion. [Board of 
Trade. Plantations General, 34. p. 91.] 

Dec. 18. 497. Petition of Anthony Howe and others to Lords of Trade 
and Plantations. We were a Committee of the Assignees of the 
patent granted to Thomas Neale for all wrecks in and about 
Bermuda, and accordingly we sent our agents thither. They how- 
ever were much obstructed by the Governor, Isaac Kichier, who 
put one of them into prison, and deprived another of his ship, 
and endeavoured to try them both by Court Martial. We beg 
permission to prosecute Kichier in the Courts at Bermuda, and that 
if he appeal to the King he may be compelled to give the usual 
security for costs. 1 p. Endorsed, Reed. 13 Dec., '96. [Board of 
Trade. Bermuda, 3. No. 4.] 

Dec. 14. 498. Computation of the ammunition and warlike stores 
required for the forts and garrisons in Massachusetts. The list 
includes twelve guns of position, six mortars, six small field-guns, 
500 fusees, and fifty pair of pistols, with ammunition for every one 
of these weapons. J p. Endorsed, 14 Dec., 1696. [Board of 
Trade. New England, 8. No. 47.] 

Dec. 14. 499. Memorandum of the Lords of the Admiralty. We have 
considered the matters referred to us by Order in Council of 3 
December (see No. 459), and report as follows. Such officers as 
Naval Agents and store-keepers have always been thought needless 
in the West Indies, all ships sent thither being fitted and stored 



252 COLONIAL PAPEKS. 

1696. 

for the voyages, and the Commanders by their instructions authorized 
to supply them, drawing bills on the Navy Board for the same. As 
it has lately been ordered that ships in the West Indies shall be 
relieved yearly there seems less occasion for them than ever. As 
the Commanders are to provide what relates to the Navy Office, so 
the pursers are authorized by the Victualling Board (under the 
Commander's directions) to supply them in what relates to that ; 
and if fresh provisions be thought necessary for the health of the men 
(as we conceive it will) and can be had there for them we doubt not 
that the Victualling Board will find out a way to do so without putting 
the King to the charge of standing officers for the purpose. The 
Navy Board concurs with us herein. Signed, G. Eooke, J. Honblon, 
W. Bridgeman. Copy. 2 pp. Endorsed, Reed, and read 7 Jan., 
1696-7. [Board of Trade. Jamaica, 8. No. 36 ; and 56. pp. 
67-68.] 

Dec. 14. 500. Journal of Council of Trade and Plantations. The 
Secretary reported that William Partridge had returned to New 
England. The Agents for Jamaica presented a memorial, but 
being told that their demand for 1,500 soldiers as indispensable 
might prove more prejudicial than helpful to their affairs, they 
withdrew it. Lord Bridgewater gave in letters from Lieutenants 
Wright, Sydenham and Shanks. Mr. Penn and the Representa- 
tives of the Proprietary Colonies attending desired more time to 
prepare their case, and, having argued against the King's power to 
erect Admiralty Courts, asked for copy of the Attorney General's 
opinion thereon, and promised a speedy answer. On the applica- 
tion of the Hudson's Bay Company, the hearing of Mons. de la 
Forest's witnesses was postponed. Several gentlemen interested in 
copper-mines and naval stores in New England asked the Board to 
give that matter early consideration, which the Board resolved to 
do on the first opportunity. It was also resolved to conside'r the 
complaints of Robert Livingston as soon as possible. An order of 
Council of 10th inst. with a representation from Massachusetts (see 
No. 483) was received and read, also a list of military stores 
required by that province, and a letter from Governor Fletcher of 
22 August. Sir Henry Ashurst desired to substitute a new repre- 
sentative of himself to go to New England to report as to naval 
stores, and was referred to the Council. Letters from the Mayors 
of Plymouth and Poole were received (see Nos-. 479, 492). 

Dec. 15. The laws of the Leeward Islands were received, and the Agents 
were directed to attend on Friday next. 

Dec. 16. An Order in Council of 3 December as to pirates (see No. 456) was 
received and letters to the Colonies ordered in accordance therewith. 
The Representatives of the Proprietary Colonies submitted a paper 
(see No. 506) and it was resolved to submit the whole matter 
to the King. Lieutenants Shank, Sydenham and Wright attended, 
when their letters were read, and copies of them ordered to be given 
to the New York Agents. It was ordered that Messrs. Leisler and 
Gouverneur should have notice when the complaints against Gov- 
ernor Fletcher should be heard. The Jamaica merchants brought 
in a memorial, and a representation was ordered to be drawn up 
thereon. Mr. Blackborne's letter of 18 December was read (see 
under that date). 



AMERICA AND WEST INDIES. 253 



1696. 

Dec. 17. Order for Messrs. Gouverneur and Leisler to bring their evidence 
in writing, ready sworn to. The Representation as to Admiralty 
Courts in the Colonies was signed. 

Dec. 18. Thomas Neale's memorial read (see No. 505). Mr. Gary 
attended on the subject of the laws of the Leeward Islands, and a 
representation thereupon was ordered. Two petitions from Gabriel 
Bernon read (see under 18 Dec.) ; on which he was desired to draw 
up further proposals in writing. Petition from three Ministers of 
Maryland read (see under 18 Dec.), when it was resolved to represent 
their desire to the King. 

Dec. 19. Copies of several Orders of Council of 3 and 10 December were 
read, and orders given for communication of the same to the 
Agents and the Colonies concerned. Three representations were 
signed. [Board of Trade. Journal, 9. pp. 278-292.] 

Dec. 14. 501. Minutes of Council of Maryland. Order for the 
depositions, etc., respecting John Coode to be forthwith dispatched 
to Sir Edmund Andros. Copy of the letter written to Sir Edmund, 
dated 15 December -(pp. 188-189). Agreed that the state of 
Pennsylvania in the matter of harbouring privateers and runaway 
seamen be represented to the King, and that the Justices of the 
Provincial Court and County Courts do also consult and give their 
opinions thereupon. The law-officers presented a report on the 
recent Act of Parliament for regulating the plantation trade, and 
sundry orders were issued for ensuring compliance with the said 
Act. Order for the ships in the province bound for Europe to meet 
at the mouth of Patuxent and St. Maries Rivers and sail thence in 
company to join the Virginia Fleet (pp. 200-206). 

Dec. 15. Furthers orders as to the sitting of the Courts of Chancery and 
of the Governor in Council. Any person from the Eastern shore 
having suits depending in the Provincial Court and in either of the 
two above-named Courts may have despatch sooner than laid down in 
the above orders. Order for transfer of certain documents relating 
to the Collector's Office, to be transferred by George Plater to George 
Muschamp, to whose district they belong. Order as to the collection 
of the duty of threepence a hogshead for building of Annapolis 
Church. Ordered that the sheriffs of the counties may visit any 
other county on their lawful occasions during the fleet's stay in the 
country, after which they shall obey the Governor's former order 
(pp. 208-209). 

The law-officers reporting that the money paid by Sir E. Andros 
to Nicholas Greenberry as President of the Council was not legally 
paid, it was ordered that the sum be refunded. Orders for the 
vestries to report as to the progress made in the building of churches, 
and as to certain land said to be given for a church in King and 
Queen parish. Order for the militia-officers to prepare their 
men for muster and for inspection by the Governor. Order for 
Colonel Henry Darnall and George Layfield to give up certain 
navigation bonds in their custody. In obedience to an order, the 
law-officers made a report as to the settlement of a question of fees 
raised, on taking process, by the Secretary, which was to the effect 
that the Secretary must forego such fees until they be fixed by the 
legislature. A list of other fees drawn up by the law-officers was 



254 COLONIAL PAPERS. 

1696. 



approved. A petition of the ships'-masters to the Commodore was 
read, setting forth several reasons why more time should be given 
to the fleet to complete its loading. Agreed to submit it to the 
Provincial Court and County Courts for their report thereon (pp. 192- 
199). Ordered that if the fleet be not ready to sail together, they 
shall be allowed to sail as fast as they are got ready. Order for 
further prorogation of the Assembly. Order that the rangers shall 
not be liable to arrest for debt while on service, but that if any of 
them fail to pay debts claimed of them, application shall be made 
to the Governor, who will remove the debtor from service and put 
a rsubstitute in his place. Ordered that, if the grand juries be 
prevented by bad weather from meeting in January, the Courts 
shall be adjourned till February, and that the papers respecting 
Mr. Coode be then read anew and measures taken to calm the 
people for fear of false reports. In case of riot the posse comitatus 
shall be at once called out and the Governor informed. Philip 
Clarke dismissed from acting as justice of the Provincial Court. 
Eeferred to the law-officers whether John Coode should not be 
suspended from acting as vestryman of King and Queen parish. 
Order for the Court of Chancery to sit every two months in future 
(pp. 206-208). In view of the evil consequences resulting from the 
neglect and remissness of officers, it was ordered that the , sheriffs 
in the first place look well to the discharge of their duties, and to 
see that other officers discharge theirs also. 20 reward is offered to 
any one giving information of a coming disturbance, (pp. 209-210.) 
Dec. 17. Proclamation, offering a reward of 20 for the apprehension of 
John Coode, and warning all persons against harbouring him. All 
the persons about town having been gathered at the Court House the 
Governor and Council went down, and the Governor warned the 
people against entertaining false reports of the injustice and 
arbitrariness of the Government. If, he said, any wished to complain 
to the King against himself he would give them a pass, letters of 
recommendation and fifty pounds from his own pocket for the 
expenses of their journey ; the King being as ready to hear a 
beggar's complaint as a rich man's against him. Order for this 
declaration to be published, and for the sheriffs to report to the 
Governor any grievances in their counties. Captain Oldston 
reported that several of his rangers had deserted and obstinately 
refused to stay in garrison all the winter. It appeared that some 
mistake had been made as to their pay, so that they could not 
comply with their credits. The Governor ordered them none the 
less back to their posts, promising to speak on their behalf to the 
Assembly. He then gave them ten dollars to drink the King's 
health at Christmas, (pp. 189-191.) Note. The entries in these 
minutes are so confused in the matter of date that it is difficult 
to distinguish to what day the rarioun occurrences should be assigned. 
[Board of Trade. Maryland, 18. pp. as cited.'] 

Dec. 14. 502. Minutes of General Assembly of Massachusetts. Order 
for stating the accounts of the forces, etc., voted and sent down for 
concurrence. Additional Bill for regulation of ferries read once 
and sent down. Bill for incorporation of Harvard College read and 
debated. 



AMERICA AND WEST INDIES. 255 



1696. 

Dec. 15. The Harvard College Bill again read and sent down. Bill for a 
tax of 9,619 and resolution for appropriation of the same received 
from the Representatives and read. Vote of the Representatives 
for opening a Court of Chancery read. Bill to make lands liable to 
pay debts again read and debated. 

Dec. 16. Bill as to ferries again read and ordered to be engrossed. Bill 
to make lands liable to pay debts passed and enacted. Several 
bakers were summoned for announcing through the town-crier that 
they would sell white biscuit at fourpence a pound, contrary to law. 
On pleading ignorance and begging pardon they were admonished 
and dismissed. Bill for a tax read a second time and debated. 

Dec. 17. Bill for a public fast agreed to by the Representatives and enacted, 
also the Bill as to ferries. Bill for a tax ordered to be engrossed. 
Bill for incorporation of Harvard College agreed on. 

Dec. 18. Ordered, in concurrence with the Representatives, that, in 
consequence of the recent supply of the French and Indians with 
provisions sent from hence to Port Royal on pretence of relieving 
the inhabitants, all intercourse of trade with Nova Scotia is 
prohibited. Bill for a tax passed and enacted. Order for stating 
the wages of officers, seamen and soldiers, to remain in force for 
twelve months and to the close of the sitting of the General 
Assembly next after the expiration of those twelve months. 
Committee appointed to join with a Committee of the Representatives 
to settle and print the duties of grand-jurors, constables and others, 
and at the same time to prepare a bill for suppression of certain 
immoralities complained of by ministers. Bill for a public 
thanksgiving on 4 February next voted and agreed to. .Voted in 
concurrence with the Representatives that all soldiers under Major 
Church in the late expedition shall receive according to the com- 
putation made in the debentures already granted. Bill to amend 
the Act as to Tithing-men received from the Representatives and 
read. Voted in concurrence with the Representatives that 70 be 
granted to Isaac Addington for extraordinary services. 

Dec. 19. The Bill to amend the Act as to Tithing-men passed and enacted. 
Voted in concurrence with the representatives that remission of 11 
arrears be allowed to Dartmouth, and that '40 apiece be paid to 
the Justices of the Superior Court. The Acts of the Session 
i were published. The Assembly was prorogued to the 17th of 

February, 1696-7. [Board of Trade. New England, 48. pp. 108- 
115.] 

Dec. 15. 503. Council of New York to Lords of Trade and Plantations. 

New York. The post from Boston with an opportunity of writing to England 
returns at once, so we can only send a line with duplicate of our 
last letter. The Government of Pennsylvania being alarmed by 
the late flight of some of our Indians towards the Susquehannah 
upon the approach of the French Army to Onandaga, have sent us 
about 200 sterling towards feeding and clothing the Indians. We 
have not yet heard from the Governor since he left us. We hope 
that he is well, and doubt not the safety of the frontier under his 
conduct. We beg you to obtain for us the various matters requested 
by the Governor. Signed, N. Bayard, Frederyck Flypse, John 
Laurence, G. Minivelle, S. v. Cortlandt. 1J pp. Endorsed, 



256 COLONIAL PAPERS. 

1696. 

Reed. 3rd. Read 5th April, 1697. [Board of Trade. New York, 6. 
No. 80 ; and 52. pp. 93, 94.] 

Dec. 15. 504. Minutes of Council of Barbados. Bill as to freedom 
of elections read and committed. Bill for establishing Agents by 
the Assembly rejected. Bill for settling the Militia rejected. 
Additional Bill for quartering of soldiers read and committed. 
Order for payment of .150 for further supply of the. Windward 
' forts. 

Dec. 16. The law-officers brought up their, opinion that the Council 
may appoint a judge of Admiralty till the King's pleasure 
be known. The Council carried a resolution that by the Royal 
Instructions their consent is necessary to the Governor's appoint- 
ment of Judges. Order for a new Assembly to be elected. 20 
ordered for payment for subsistence of the French prisoners. 

Dec. 17. Certain petitions for payments were referred to the Commis- 
sioners of fortifications. H.M.S. Newcastle was ordered to cruise 
and forty soldiers of the King's regiment were sent on board to man 
her. Four French prisoners were committed to gaol for attempt- 
ing to escape. [Board of Trade. Barbados, 65. #p. 171-173.] 

Dec. 16. 505. Memorial of Thomas Neale to the Council of Trade. 
By patent from the King and Queen I obtained the right to set 
up a postage in all the Colonies in the West Indies. I have just 
begun to settle the same, at great expense, and in order to the 
settling thereof the Assembly of New England sent an Act home 
for confirmation, which Act was referred first to the Postmasters, 
upon whose report an Act was drawn. This Act was then sub- 
mitted to the Attorney-General, who added a clause which made it 
wholly dependent on the Postmasters here, and by advice of the 
Council of Trade the New England Act was disallowed. I beg that 
you will approve of the other Act drawn here, keeping the rates of 
postage as fixed by the New England Act, that it may go back to 
New England, the well settling of it tending much to the King's 
service. Signed, Tho. Neale, 1 p. Endorsed, Reed. Read. 
18 Dec. 1696. [Board oj Trade. Plantations General, 4. No. 24.] 

Dec. 16. 506. Memorial of the Proprietors and Agents of Carolina, 
Bahama Islands, Pennsylvania, East and West Jersey and Connecti- 
cut, to the Council of Trade. We are advised that in our grants 
and Charters there are several clauses which import a grant of 
Admiralty jurisdiction and power of erecting Admiralty Courts 
with their officers. We have not hitherto erected such Courts nor 
appointed such officers, because all suits upon breach of the Acts of 
Navigation may be tried in Common Law Courts, whereas the 
erecting of Admiralty Courts would have occasioned great expense. 
We apprehend that there was no need for such Courts except for 
the condemnation of prizes, few or none of which have been brought 
into our provinces for trial during the war. We are nevertheless 
ready and willing to erect such Courts and appoint officers who will 
be careful of the King's interest, and for the enforcement of the 
Acts of Navigation. 1 p. Endorsed, Reed, and read 16 Dec., 1696. 
[America and West Indies. 601. No. 39 ; and Board of Trade. 
Proprieties, 25. pp. 15-16.] 



AMERICA AND WEST INDIES. 257 



1696. 

[Dec. 16.] 507. Memorial of the merchants of Jamaica. The Island is 
the most important of the English West Indies, particularly in 
relation to indigo. Six parishes out of fifteen are already destroyed 
by the French. The inhabitants able to bear arms have been 
reduced by forced desertion to 1,390. The number of slaves is 
40,000, worth 800,000. 1,500 soldiers are necessary to defend us 
against the slaves, if they should rise against us. The Island has 
not been dispeopled by sickness, as commonly reported, and the 
mortality of the King's forces is not to be attributed to Jamaica, but 
their recovery. The continuance of the war renders us daily 
weaker. We pray for speedy and effectual measures to save the 
Island. | p. [Board of Trade. Jamaica, 8. No, 37.] 



Dec. 16. 508. Memorial of the merchants and planters of Jamaica to 
the Council of Trade and Plantations. The planters and traders 
have asked the King to send 1,500 soldiers to Jamaica to encourage 
the inhabitants to stay there, and you have proposed to send 
thither some poor weavers and tradesmen, desiring us also to attend 
and give you our thoughts on the whole question. We offer our 
opinion as follows. The sending over of such poor tradesmen will 
be of great use to re-people the Island. We would ask the King 
to order the payment of 500 for procuring such tradesmen and 
weavers as could do service on an invasion, to go on ship-board 
for transportation, whereof a true account shall be kept; and that 
the King will make public the proposal. Those that are willing to 
transport themselves should have their passage paid and con- 
veniences for the voyage supplied, and on arrival should have a 
months' free entertainment and be at liberty to choose their own 
employment. White men are so scarce that they will easily find 
employment with good wages, and their employers will not expect 
laborious work of them but will use them as overseers on the plan- 
tations, whereby they may in time rise to wealth and meanwhile 
will live very comfortably. But we beg the men thus raised may be 
reckoned among our helps rather than our succours, for two reasons, 
(1) the desertion of our inhabitants through mere terror of the 
French, who, without succours from Europe, have destroyed a third 
of the Island and at present much outnumber us in Hispaniola, 
both in inhabitants and disciplined soldiers. (2) The merchants 
are of opinion that the Island has not strength enough to secure 
their effects, so they will risk neither goods nor shipping. The 
people cannot subsist on the produce of the Island, and if they 
could, who would remain there to produce commodities for which 
they can find neither market nor exportation ? We beg therefore 
that our desperate case may be laid before the King. Nothing but 
force can repel force in time of war, and we must ask for the whole 
of the 1,500 soldiers requested by the Governor and Council. 
Signed, John Heathcote, Benj. Way, Willm. Barker, Henry Lowe, 
Bartho. Gracedieu. Postscript. We believe that the two frigates 
at Jamaica will need 200 men to fill up their complement which, 
unless they are supplied from hence, must we fear be taken from 

28181 B 



258 COLONIAL PAPERS. 

1696. 

the Island or from the merchant-ships. We beg therefore that 
supernumeraries may be sent in the ships of war now going. 2 pp. 
Attached, 

508. i. Further memorial from the same merchants. As to 
our postscript yesterday, we would like the number 200 
altered to 100. Forty or fifty men will probably include 
all deficiencies for the future, but H.M.S. Eeserve not 
only shared the common calamities of Commodore 
Wilmot's squadron, but has since been engaged with the 
Hope, captured by the French. As to the Southampton, 
we presume that there has been mortality because she 
arrived in the unhealthy season, which has given the 
Island an unhealthy character in Europe, though it is 
known by experience that at other times Jamaica is no 
more fatal to seamen than Europe. [Board of Trade. 
Jamaica, 8. Nos. 88, 88 1.] 

[Dec. 16.] 509. A collection of memoranda of certain papers delivered 
to the Clerks of the Council on 16 December, 1696, all concerned 
with an appeal of Jahleel Brenton as to the ship Three Brothers. 
9 pp. [Board of Trade. New England, 8. No. 48.] 

Dec. 16. 510. Duplicate copy of Minutes of Council of Maryland from 
8 to 16 December. [America and West Indies. 557. No. 21.] 

Dec. 17. 511. Council of Trade and Plantations to the King. We have 
already reported to the Lords Justices our opinion as to the 
expediency of erecting Courts of Admiralty in the Colonies, and the 
Admiralty on the 19th of November also reported on the subject. 
Finding that no Commissions of Vice-Admiralty had been granted 
to any of the Colonies governed by Proprietors or Charter, we 
ascertained from the Attorney-General that there is no legal objec- 
tion thereto, and communicated his opinion to the Proprietors and 
Agents, who, however, seemed unwilling to accept it, and have 
handed us a paper calling in question your royal right to appoint 
such courts, which we accordingly leave to your pleasure. Signed, 
J. Bridgewater, Ph. Meadows, Wm. Blathwayt, John Pollexfen, 
Abr. Hill. [Board oj Trade. Proprieties, 25. pp. 16-17.] 

Dec. 17. 512. Minutes of Council of Massachusetts. Order for pay- 
ment of 7 Us. Od. to Samuel Partrigg for expenses in connection 
with the trial of four Indians ; also for payment of .19 to the Town- 
Treasurer of Boston for paving about the town-house. [Board of 
Trade. New England, 49. pp. 60-61.] 

Dec. 17. 513. William Popple to Jacob Leisler and Abraham Gouverneur. 

Whitehall. The Lords command me to acquaint you that whatever you intend 
to produce must be in writing and ready sworn to before a Master 
in Chancery. [Board of Trade. New York, 52. p. 53.] 

Dec. 18. 514. Petition of Gabriel Bernon of Boston, New England, to 
the Commissioners of Trade and Plantations. For eight years past 
I have been concerned in a plantation called New Oxford, in New 
England, which was settled by certain Protestant refugees, who 
were at first supported by the charity of certain gentlemen. Since 



AMERICA AND WEST INDIES. 259 

1696. 

then, at considerable expense to me and by their own labour, the 
plantation has been much improved and the settlers have paid their 
taxes, but though during the present war they have often 
applied for a few soldiers for their defence they have never obtained 
them. For want of this protection in August last the Indians fell 
upon the village, burned and destroyed several of the people and 
forced the rest to fly from their habitations and improvements. I 
have on behalf of the settlers applied to the Government to be 
reinforced with a few soldiers, but can obtain no relief. I beg 
therefore that the distress of these poor people may be recommended 
to the King, and that the new Governor may be instructed to take 
them under his protection, that they may not be forced to leave the 
country, to their utter ruin. 1 p. Endorsed, Reed, and read 
18 Dec. 1696. [Board of Trade. New England, 8. No. 49.] 

Dec. 18. 515. Petition of Gabriel Bernon to Commissioners of Trade 
and Plantations. Having learned of the King's pleasure particularly 
to encourage the manufacture of rosin, pitch, tar, &c., in New 
England, in which manufactory I have spent seven years' time and 
labour and considerable sums of money and have attained such 
knowledge and perfection that the stores sent over by me were 
accepted for the King's service, I made a voyage to England on 
purpose to show in what quantities and how cheaply such stores 
could be introduced into any of His Majesty's Kingdoms. I now 
offer my service for the supply of the stores aforesaid, being assured 
that I can furnish such quantities as are required. 1 p. Endorsed, 
Reed, and read 18 Dec. 1696. [Board oj Trade. New England, 8. 
No. 50.] 

Dec. 18. 516. Petition of Richard Sewell, Thomas Cockshutt and 
Stephen Boardley to Lords of Trade and Plantations. That the 
allowance of .20 allowed to Ministers for their passage to Maryland, 
which has been stopped through the present defect of money in the 
Treasury, may be paid them on their arrival in Maryland out of the 
royal revenues there. 1 p. Endorsed, Reed, and read 18 Dec. 1696. 
[Board of Trade. Maryland, 3. No. 8 ; and 9. pp. 24-25.] 

Dec. 18. 517. Secretary to the East India Company to William Popple. 

East India Forwarding certain documents respecting certain ports in America 

House. from which the ships concerned in the late piracies in the Red Sea 

were set forth. Signed, Ro. Blackborne. Endorsed, Reed. 18 Dec. 

1696 ; read 30th. Annexed, 

517. i. T. South to the Lords Justices of Ireland. Dublin, 
15 Aug. 1696. I have this morning obtained the 
following account: The best place to send shipping 
to meet with the pirates is to Fernando, an island in 
latitude 3 or 4, where they must touch to water 
in February or March. The owners of Captain Wake's 
ship live in Boston, New England, and were going in 
a brigantine to bring clothes and necessaries to meet 
him at Fernando ; but hearing that we were coming to 
Providence they followed us thither but did not arrive 
till after we came away. Thomas Hollingsworth, now 
sailed from Galway, will meet Wake at Providence, 



260 COLONIAL PAPERS. 

1696 

where Wake will certainly be within six or eight weeks, 
or else not till after Christmas. Hollingsworth left 
money with Governor Trott. Wake had already had a 
pardon for piracy in King James's time. Thomas 
Jones is concerned in Captain Want's old barque and 
lives in Rhode Island. Want is gone to the Persian 
Gulf and in all probability is either at Rhode Island or 
Carolina by this time. He broke up there about three 
years ago after a good voyage, and spent his money 
there and in Pennsylvania. Captain Tew had a com- 
mission from the Governor of New York to cruise 
against the French. He came out on pretence of load- 
ing negroes at Madagascar, but his design was always 
to go into the seas, having about seventy men on his 
sloop of sixty tons. He made a voyage three years ago 
in which his share was 8,000. Want was then his 
mate. He then went to New England and the Governor 
would not receive him; then to New York where 
Governor Fletcher protected him. Colonel Fletcher 
told Tew he should not come there again unless he 
brought store of money, and it is said that Tew gave 
him 300 for his commission. He is gone to make a 
voyage in the Red Sea, and if he makes his voyage will 
be back about this time. This is the third time that 
Tew has gone out, breaking up the first time in New 
England and the second time in New York. The place 
that receives them is chiefly Madagascar, where they 
must touch both going and coming. All the ships that 
are now out are from New England, except Tew from 
New York and Want from Carolina. They build their 
ships in New England, but come out under pretence of 
trading from island to island. The money they bring 
in is current there, and the people know very well 
where they go. One Captain Gough who keeps a 
mercer's shop at Boston got a good estate in this way. 
t On first coming out they generally go first to the Isle 
of May for salt, then to Fernando for water, then round 
the Cape of Good Hope to Madagascar to victual and 
water and so for Batsky (sic), where they wait for the 
traders between Surat and Mecca and Tuda, who must 
come at a certain time because of the trade-wind. 
When they come back they have no place to go to but 
Providence, Carolina, New York, New England and 
Rhode Island, where they have all along been kindly 
received. It is hoped that by means of this information 
they may be taken. Signed, T. South. 1 pp. 

517. n. Sir Charles' Porter to Robert Blackborne. Dublin, 
15 Aug. 1696. Forwarding two depositions for the 
information of the East India Company. %p. 

517. in. Narrative of Philip Middleton, of the ship Charles 
Henry, to the Lords Justices of Ireland, given on 
4 August, 1696. The ship Charles Henry first 
plundered three English vessels at the Isle of May 



AMEEICA AND WEST INDIES. 261 

1696. 

of provisions only. Nine of their men joined her, 
mostly West-Country-men. Thence she went to the coast 
of Guinea, where she took two Danes, from which they 
took a quantity of elephants' teeth, and divided eight or 
nine ounces of gold per man. Fourteen of the Danish 
crew joined them. Thence they sailed to Madagascar and 
Johanna, where twelve French pirates came on board, 
and afterwards took a French pirating junk (?) with 
about forty men, who had good booty with thein. 
These also joined them, and made them up to 170, viz., 
14 Danes, 52 French, 104 English. From Johanna they 
sailed to the Red Sea, and heard of two rich ships from 
Mocha bound to Surat, but passed them in the night, as 
they learned from a small junk which they took next 
day. They came up with the smaller vessel, which 
made little or no resistance, but the great ship fought 
for two hours, having about 1,300 persons on board. 
The other had 700. They kept possession of both 
ships, and all the crew except one man boarded her by 
turns, taking only provisions, necessaries and treasure, 
which was very great, but little in comparison with what 
was on board ; for though they put several to the 
torture they would not confess where the rest of their 
treasure lay. They took great quantities of jewels, and 
a saddle and bridle set with rubies designed as a present 
for the Great Mogul. Several of the Indian women on 
board were, by their habits and jewels, of better quality 
than the rest. Having taken these prizes the pirates 
went to Bajapere for water, and then to Mascarenas, 
where all the Danes and French were set ashore with 
their share of booty, amounting to d970 per man in 
value. Thence they sailed to Ascension, where they 
turned fifty turtle, and found letters of two English 
ships having been there. This was in March last ; and 
at the latter end of April they arrived at Providence, 
having but two days' provisions left. They gave 
Governor Trott a present of twenty pieces-of-eight per 
man besides two chequeenes of gold, on which he 
allowed them to come on shore, and gave them a treat 
at his house, at which one of the men broke a drinking 
glass, and was made to pay eight checqueenes for it. 
The men also presented the Governor with the ship and 
all on board her, including some elephants' teeth. 
The Deputy-Governor, Eichard Tallia, shared with Trott 
in the booty. Here the Captain changed his name from 
Every to Bridgeman, and went ashore with about 
eighty men, who dispersed to several ports and bought 
sloops there. Every and nineteen men [names given] 
embarked in one of them called the Seaflower, and 
landed about two months since twenty miles north of 
Lough Swilly by Londonderry, and thence came by 
land to Dublin. Every went on to London, another of 
the leaders stayed at Londonderry. Another sloop 



262 COLONIAL PAPERS. 

1696. 

commanded by Holliiigswortli was chased into Dublin 
by a French privateer. She had sixteen more of the 
crew of the Charles Henry aboard. Several of the crew 
went to New England, one to Pennsylvania, two went to 
Jamaica and returned to Providence, another remained 
with his booty at Providence, another was killed by a 
shark, another was seen in Dublin. Trott took several 
guns out of the ship (which mounted forty-eight) and 
planted them on a platform for defence against the 
French. 2 pp. 

517. iv. Examination of John Dann, mariner, of Eochester, 
taken on 3 August, 1696. Three years ago I was 
coxswain on the Soldado prize, and deserted to go on 
Sir James Houblon's expedition to the West Indies 
under Don Arthuro Bourne. I went in the Charles to 
Corunna, where the ship's company mutinied, their pay 
being eight months in arrear. The men proposed to 
the master, Captain Every, to carry away the ship, 
which he agreed to, and they sailed from Corunna on 
7 May, 1693, with eighty-five men. The Captain and 
fifteen or sixteen men who refused to go, were set ashore. 
The first place we came to was the Isle of May. Here 
the narrative abstracted in No. in. is given in slightly 
greater detail up to the time of the ship's arrival at 
Johanna, Madagascar. Here we resolved to go to the 
Bed Sea. Here we met with two English privateers, 
the Dolphin and the Portsmouth Adventure. The 
Dolphin, Captain Want, was a Spanish bottom with 
sixty men on board, and had been fitted out at Orkells 
(?Whorekill), near Philadelphia, having left it two 
years ago last January. The Portsmouth Adventure 
had been fitted out at Rhode Island, about the 
same time; her master was Captain Joseph Faro, 
and her crew was about the same number as 
the Dolphin. Both had about six guns. They joined 
company with us and about June twelvemonth we came 
to Liparan Island at the mouth of the Red Sea, where 
three more sail of English came to us, one commanded 
by Thomas Wake, another, the Pearl, William Mues 
commander, fitted out at Rhode Island, the Amity, 
Thomas Tew commander, fitted out at New York. The 
two first had six guns and about fifty men each, and the 
Amity from thirty to forty men. They all joined 
partnership, putting Captain Every in command. After 
lying there some time they sent a pinnace to Mocha, 
and took two men who gave them information as to the 
ships coming down. They then stood out to sea and 
back to Liparan, where after five or six days the Moors' 
ships, twenty-five in number, passed them in the night ; 
but hearing of this from a captured ketch they resolved 
to follow them. The Dolphin being a bad sailer was 
burned, and the men put on board Captain Every. The 
Amity fell astern and never came up, Wake's ship also 



AMERICA AND WEST INDIES. 263 

1696. 

lagged but came up later. Steering for Surat we caught 
up one of the ships which we took after she had fired 
three shots. She had 50,000 or 60,000 on board in 
silver and gold. We shortly afterwards spied another 
ship, mounting forty guns and carrying (as was said) 
800 men. She stood a fight of three hours and yielded. 
We took from her in money and plate enough gold and 
silver to make up each man's share to .1,000, 180 men 
sharing in all, the Captain having a double share, and 
the master a share and a half. The Portsmouth had no 
share, not having taken part in the fight. The Pearl 
had a share but this was taken from them again, for 
when the Charles men changed with them silver for 
gold it was found that the Pearl's men had clipped the 
gold ; so they gave them only 2,000 pieces-of-eight to 
buy provisions. Captain Want then sailed into the bay 
of Persia, the Pearl (I think) went to the coast of 
Ethiopia, and Wake to an island near Madagascar, 
intending for the Red Sea the next time the Moors' 
ships were expected from thence. Captain Every 
resolved to go straight to Providence. On the way 
the men mutinied, some being for carrying her to 
Kiau, belonging to the French near Brazil, but Every 
withstood it, there not being twenty men left that joined 
with him when they came to Madagascar, in latitude 
21. There we left as many men as were inclined to 
stay, and in March or April we came to Providence, 
anchoring first off Thora Island, and sending a letter to 
Governor Trott to ask for protection and liberty to go 
away, which he promised us. We made a collection of 
twenty pieces-of-eight a man, and forty from the Cap- 
tain, as present to the Governor, besides elephants' teeth 
and other things to the value of 1,000. We then left 
our ship, which the Governor took, with forty-six guns 
in her, after which we bought a sloop, and Every with 
about twenty men sailed for England. Twenty-three 
other men bought another sloop, and sailed under Gap- 
tain Risby to Carolina. Every and I landed in the 
north of Ireland at the end of June last, where we parted 
and Every went to Scotland. I heard that he was in 
Dublin when I was there, but did not see him. He 
had spoken of going to Exeter, being a Plymouth man. 
I obtained a pass from a landing-waiter for myself and 
seven more to go to Dublin ; this man made some effort 
to detain me, but let us go for three pounds' weight of 
gold. I hear that he obtained money from the other 
men also. I then went to London, but was arrested at 
Rochester, a maid having found my gold quilted up in 
my jacket. I was brought before the Mayor and com- 
mitted, but kept my jacket in which were 1,045 in 
sequins and 10 guineas, which are now in custody of 
the Mayor. The wife of our quarter-master came 
home from Providence with us, and I lately saw her at 



26-1 



COLONIAL PAPERS. 



1696. 



'Dec. 19. 



Dec. 19. 

Whitehall. 



Dec. 19. 



Dec. 20. 

Albany. 



St. Alban's. . The sloop we came home in was given to 
Captain Joseph Faro of the Portsmouth Adventure. 
Captain Risby's men landed somewhere near Galloway. 
6 pp. [Board of Trade. Plantations General, 4. 
Nos. 25, 25i.-iv.] 

518. Council of Trade and Plantations to the King. We see 
no reason why the petition of Richard Sewell, Thomas Cockshutt 
and Stephen Boardley should not be granted. Signed, J. Bridgewater, 
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board q/ 
Trade. Maryland, 9. p. 25.] 

519. Council of Trade and Plantations to the King. The 
merchants trading to Jamaica have delivered us a memorial (see 
No. 508) on which we would represent that it may be very requisite 
to encourage tradesmen and labourers to go to Jamaica and to grant 
500 for the same, and we would recommend that 100 supernumerary 
seamen be sent on the men-of-war to complete the crews of those 
already there, and to save the taking away of inhabitants or of 
sailors from the merchant-ships. Signed, J. Bridgewater, Ph. 
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board oj 
Trade. Jamaica, 56. pp. 59-61.] 

520. Minutes of Council of Massachusetts. Order appointing 
John Walley and Ephrairn Savage to examine and pay the accounts 
of seamen, soldiers and other military charges. Order for payment 
of five shillings a day to each Councillor for their attendance on the 
General Assembly. Order that the Treasurer refund to the towns 
from time to time such money as they have paid for destruction 
of wolves. [Board of Trade. New England, 49. pp. 61-63.] 

521. Governor Fletcher to the Agents for New York. I have 
little to add to what I said at my departure from New York. The 
frights and the daily removal of the people on intelligence of a coming 
attack by the French obliged me to put myself here for the winter. 
I embarked on the 10th with a detachment of my own company 
with extreme difficulty, the wind being north-west and the weather 
exceeding cold. We got up beyond Ulster but were twice driven 
ashore by the ice and on the 18th were locked up by it, and so we 
continued all that day and night. On the 19th I went ashore over 
a great tract of ice and so walked on foot five miles to a little Dutch 
town called Pottcoke, where I lodged that night in my clothes with 
" Dundalk accommodation." Next morning by the assistance of 
Major Schuyler, whom I met by chance, I got horses and waggons 
and marched to Kinderhook. Next day, 21st, I reached Greenbush 
and walked thence over the ice to Albany, to the great appearance of 
satisfaction in the people. My first business was to send for the River 
Indians who knocked a party of seven skulking Frenchmen on the 
head. For their better encouragement I gave them six pounds for each 
man they killed. They were much pleased, and promised to remain 
loyal to the King, and to supply me with some scouts this winter to 
lie upon the great lake. I am now despatching these scouts and 
some Christians with them. My next care was to despatch a 
messenger with a belt of wampum to the Five Nations to let them 



AMEEICA AND WEST INDIES. 265 

1696. 

know that I am personally here to assist them against the common 
enemy, and that I expect them to remain firm to the covenant- 
chain and loyal to the King. Meanwhile I am trying to put their 
wooden fortifications into the best possible way of defence, and 
seeing the companies daily exercised at the relief of the guards. I 
have now thirty men of my own company besides the three com- 
panies here. By much importunity I have got twenty-five men 
from Connecticut as recruits for the companies. The Governor of 
Canada has this summer received considerable recruits of men and 
stores, and spits forth his brags that he will be master of Albany 
this winter. He shall meet the warmest entertainment I can give 
him. Pray ask about a list of stores which I asked for some time 
ago. I have no copy by me, but I remember five hundred light 
Dutch fusils and duffles and blankets for the Five Nations. The 
French try both to awe and to bribe them, but I am sure that it is 
for the King's interest to encourage them. Pray endeavour that 
clothing and pay be sent over for the four companies. The rate of 
labour makes it difficult to get men. The officers also are under 
great hardships ; they cannot eat and buy a coat out of their sub- 
sistence. You know how scarce and dear provisions and clothes are 
in this country. It seems strange to me that any matter could be 
found to impeach you of disloyalty to the King. I have been a 
witness of your zeal and fervour to his service. That " nautious " 
calumny will blow over of itself ; it cannot stick upon you. 
Signed, Ben. Fletcher. 2 pp. [Board of Trade. New York, 6. 
A r o. 81 ; and 52. pp. 164-168.] 

Dec. 20. 522. Governor Fletcher to the Agents for New York. Since 
Albany. m y \ &s fc some things arrived to my crazy and disturbed head, of 
which I think fit to mind you both, though I do not question your 
memories or your diligence in the affairs of this province. The 
revenue is small, uncertain and dependent upon trade, in which we 
have suffered great loss. At best it is, I think, but 3,000 a year. 
The salaries and incidentals of the war, sloop-hire, transportation, 
presents to the Indians and necessary repairs to our wooden 
fortifications call for at least twice that sum yearly, so that unless 
means be found to assist us during the war, I can't see what will 
become of the province. I have not the Secretary or Clerk of 
Council nor any books to help my memory, but I offer these things 
to you as proper to our relief. Connecticut is full of men. It 
would be better if instead of the hundred and twenty men, which 
they are ordered to furnish, pay and arm on my application, they 
were ordered to furnish a hundred men or such number, 
less than a hundred, as may be required to complete the 
King's companies, exchanging or relieving them if they desire it. 
The Jerseys may also very well spare forty men for the frontiers, to 
be annually relieved if they desire it. Pennsylvania, whose 
principles do not permit them to contribute to the spilling of blood, 
might be ordered to pay 400 a year instead of their quota, Maryland 
500 a year and Virginia 1,000 a year. This is the best proposal 
that I can make for the security of the frontier, on which the safety 
of all depends, and the sums are far less than those formerly 
required by the Eoyal command. The money should be paid to the 



266 COLONIAL PAPERS. 

1696. 

Receiver-General of New York, and an exact account of it kept by 
him and by the Deputy Auditor, that the provinces may see that it 
is properly expended. You know what construction has been placed 
on former orders, and how the genuine meaning of them has been 
wrested by their interpretations to excuse their disobedience ; so 
take care that any orders issued be positive and that they leave 
no loophole for the provinces to creep out of. We can expect 
no help from New England, which is sufficiently harassed and 
has had the fort of Pemaquid taken from it. Rhode Island 
pays no obedience to any command of the Crown. You well know 
that the Assembly will not vote money for payment of the men on 
the frontiers except for a limited time, and such money comes in 
heavily so that it does not answer the end. Often the men break 
up and disband before the money is received from the country, 
which occasions clamour ; and the great mischief is that there is no 
reinforcement to supply the places of those discharged. This being 
done by Act of Assembly (which is public) our enemies know our 
weakness at such times, which makes us liable to a surprise. To 
prevent inconvenience my whole endeavours are to keep up the 
King's companies by recruits from Connecticut, which will be easier 
and readier than to expect them from England. I must again 
remind you of the stores of war for which I formerly made request. 
We have not flints in this garrison or in New York for an hour's 
firing, so I beg that two barrels of flints may be sent by the first 
ships. An Indian is just come in from Onogonge. I send his 
examination. Mr. Livingston comes upon us with a commission 
for a salary of 130 a year as Secretary and Agent to the Indians 
(a place never known here, nor of any use) and 50 as Collector, etc. 
This amounts to a great sum, especially when we groan under so 
great a burden. The revenue is no less than two years in debt, and 
the province much impoverished by the war. This man by false 
insinuation of his sufferings to the Lords has prevailed upon them 
to grant these salaries, when you and the Council knew that he has 
made a considerable fortune by his employment in the Government, 
never disbursing sixpence but with expectation of twelvepence. 
Beginning as a little book-keeper, he has screwed himself into one 
of the most considerable estates in the province. You have 
the Council's opinion on this head, wherein I concur. I hope 
you will endeavour to keep a man of such vile principles from 
sucking any more the blood of the Province, for he has been 
a very sponge to it. I know I shall be hard pushed at on 
his score ; but if I suffer it is in a righteous cause, for 
he is known by all men to have neither religion nor morality, 
his whole thirst being at any rate and by any means to enrich 
himself. He has said, as I am credibly informed, that he would 
rather be called knave Livingston than poor Livingston. I 
protest that my whole interest in urging this matter is the King's 
service and the good of the province. His salaries, amounting in 
all to 180, are greater than allowed to the judges or any other 
officer of this Government. I do not see how they are to be paid, 
while the war lasts at least, nor of what use the offices are. 
Signed, Ben. Fletcher. 2J pp. Endorsed, Reed. 6th. Read 7th 
July, 1697. Annexed, 



AMERICA AND WEST INDIES. 267 

1696. 

522. i. Account of a meeting of Governor Fletcher with the 
Skachkook River Indians at Albany. 4 December, 
1696. The Governor thanked them for their late 
service in cutting off a body of skulking Frenchmen, 
gave them six pounds a head for the men killed, and 
asked them to provide scouts at the Great Lake. He also 
urged them to settle together in a body, instead of being 
dispersed, and forbade them to hunt in the direction of 
New England on account of murders committed there 
by men of their nation, the New England Government 
having offered 50 a head for every strange Indian 
brought in. The Governor then gave them a keg of 
rum ; and the Indians after thanking him promised to 
give a fuller answer when their sachems should return 
from hunting. Copy. 1^ pp. Endorsed as the covering 
letter. 

522. n. Information of two River Indians, taken at Albany, 
16 December, 1696. That one of their countrymen 
lately returned from Canada reported that the French 
Count would march to Albany this winter with a con- 
siderable force and cut it off; and that therefore they 
were come to give warning. Copy. J p. Endorsed as 
the preceding. 

[Board oj Trade. New York, 6. Nos. 82, 82 i., n. ; and 52. pp. 
168-178.] 

Dec. 21. 523. Journal of Council of Trade and Plantations. Petition 
from the agents of Massachusetts, received and read (see No. 525). 
The merchants of Newfoundland attending were directed to agree 
among themselves as to certain points concerning the convoys and 
to bring their decision in writing. The case of Mons. de la Forest 
and the Hudson's Bay Company was then heard, when the Company 
again professed that they knew nothing of the Articles of Capitulation, 
and produced two of their captains, who testified that they had pro- 
tested against them. They also produced evidence that Mons. 
d'Iberville had violated the capitulation of 1694 ; against which 
Mons. de la Forest produced witnesses to the contrary, who being 
examined on particular heads would not answer directly. Mons. 
de la Forest was ordered to give a valuation of the goods 
referred to by him. [Board of Trade. Journal, 9. pp. 292-299.] 

Dec. 21. 524. A collection of documents brought forward in the case of 

Mons. de la Forest's complaint against the Hudson's Bay Company. 

524. i. Copy of the instructions given to Captain William Allen 

for his voyage to Hudson's Bay. 3 pp. Endorsed, 

Reed., read 21 Dec. 1696. 
524. n. Articles of Capitulation for the surrender of Fort 

York to Mons. d'Iberville. T \ October, 1694. 1 p. 

Endorsed as the preceding. 
524. in. Deposition of Isaac Woods, surgeon of York Fort, 

when it was attacked by the French in October, 1694. 

To the effect that the French violated the capitulation 

of 1694, by driving several of the garrison into the 

woods, where they were driven to such extremity that 



268 COLONIAL PAPERS. 

1696. 

they were obliged to eat foxes and foul birds. Deponent 
himself was obliged to sell some of his instruments for 
subsistence, though the articles stipulated that the 
English should be fed like the French. The French 
officers treated the English shamefully, causing the 
death of one sick man. The French surgeon robbed 
deponent of the whole of his instruments. One 
French officer delivered one of the English to the 
Indians and looked on while they put fire to his feet 
and red-hot tobacco-pipes to his fingers ; and deponent 
dressed this man's fingers for him. Further, deponent 
and fourteen more prisoners were kept under hatches 
on board ship for a whole month when embarked for 
France. In Rochelle they were put in the common 
gaol, and three of the men died of ill-usage in France 
3J PP- Endorsed as the preceding. 

524. iv. Deposition of William Arnold. Confirming the 
above statement, and adding that five of the English 
were harnessed by the French to sleds and forced to 
draw them through deep snow, in the teeth of a wind 
so bitter that after every few steps they were obliged to 
turn and rub their faces lest they should be frost-bitten. 
Deponent himself was savagely beaten by a French 
officer, and has not yet recovered the ill-treatment that 
he received from the French. Deponent confirms the 
story of the torture of one Englishman by Indians in 
the presence of a French officer, their ill-treatment in 
France, and the death of several through ill-usage. 
2^ pp. Endorsed as the preceding. 

524. v. Deposition of James Hubbald, another of the garrison 
of York Fort who was captured by the French. Con- 
firming the stories in Nos. in. and iv. 3J pp. 
Endorsed as the preceding. 

524. vi. Deposition of John Russell, another of the captured 
garrison of York Fort. Confirming the previous 
depositions. 2J pp. Endorsed as the preceding. 

524. vn. Deposition of James Griffen, another of the captured 
garrison of York Fort. To the same effect; adding 
that the English Governor, Mr. Walsh, declared himself 
weary of the complaints of the English and went to 
Port Nelson without speaking any more for them. 
Endorsed as the preceding. 

524. vin. Deposition of Thomas Walsh, Governor of York 
Fort, and three others. To the effect that, in their 
belief, Mons. D'Iberville faithfully observed the capitu- 
lation of 1694. Deponents while in France were always 
kindly and civilly used. Copy. 1 pp. Endorsed as 
the preceding. 

524. ix. Deposition of Thomas Walsh. Denying categorically 
all the statements of previous witnesses as to the ill- 
treatment of this garrison by the French. 2 pp. 
Endorsed as the preceding. [Board of Trade. Hudson's 
Bay, 2. Nos. 3 i.-ix.] 



AMERICA AND WEST INDIES. 



269 



1696. 

Dec. 21. 525. Petition of the Agents of New England to the Council 
of Trade and Plantations. Nearly two years ago, by order of the 
King and Council, we laid before the Committee of Trade and 
Plantations a memorial of the state of Massachusetts, which has 
since been referred to you. Therein among other things we 
represented how great would be the injury to the Colony if such a 
patent of incorporation as that of Sir Matthew Dudley and Com- 
pany were passed. A further representation of the sad state of the 
Colony has also been lately laid before you. We therefore beg that 
no such patent of incorporation may be passed at least until the 
return of the Commissioners appointed to report as to naval 
stores in New England, and that meanwhile you will take the said 
conditions of the Colony and the means of remedying the same into 
your serious consideration. Signed. Hen. Ashurst, Con. Phipps. 
I p. Endorsed, Reed, and read 21 Dec. 1696. {Board of Trade. 
New England, 8. No. 51.] 

Dec. 21. 526. Governor Fletcher to the Agents for New York. My 
Albany. disordered head for my late loss has occasioned a wrong calculation ; 
but my desire is that these Colonies may give such assistance that 
I may be enabled to keep a constant body of five hundred men here, 
including the King's three companies as three hundred of the 
number. By this I may garrison Canestagione and the Half Moon, 
which will be a cover to all our farms, prevent the inroads of skulk- 
ing parties, and be a security to Connecticut and to our little towns 
down to the river. Signed, Ben. Fletcher. 1 p. Endorsed. Reed. 
6th. Read 7th July, 1697. [Board of Trade. New York, 6. 
No. 83; and 52. p. 179.] 

Dec. 22. 527. List of the furs and goods delivered by Governor de la 
Forest to Captain Allen on the surrender of Fort Bourbon, Hudson's 
Bay, and not returned. Total value, 14,430. Signed, Gabriel de 
la Forest. 1 p. Endorsed, Reed, and read 23 Dec. 1696. [Board 
of Trade. Hudson's Bay, 2. No. 4 ; an d 3. pp . 20-21.] 

[Dec. 23.] 528. Copies of John Murrey's commission from the Queen 
to be Commissary to the expedition toHispaniola, dated 16 October, 
1694, and of Samuel Lewis's Commission from Sir William Beeston 
to succeed him, dated 1 Oct. 1695. 2 pp. Endorsed, Presented 
to the Board by Mr. Benjamin Way. [Board of Trade. Jamaica, 
8. No. 39 ; and 56. pp. 64-66.] 

Dec. 23. 529. Certain traders to Newfoundland to the Council of Trade 
London. and Plantations. As to the convoy for the salt- ships designed next 
year for Newfoundland, we beg that the place of rendezvous for the 
South Channel ships may not be Kinsale, but we would ask for a 
convoy on to Lisbon for the London, Poole, Weymouth, Dartmouth 
and Plymouth ships, for, having consulted some masters of ships, we 
find that our going to Kinsale may be the overthrow of our voyages, 
for that, when we are ready, we can sail to Lisbon with winds that 
will not carry us to Kinsale and may make the voyages as soon. 
We beg that this convoy may sail by the 20th of January if the 
wind permit. We ask that the Bristol convoy may see the ships of 
the North Channel to Lisbon, for, if they should put into Kinsale, 
it will in all probability ruin our voyages, and that the convoy may 



270 COLONIAL PAPERS. 

1696. 

Bail with the first fair wind after the 15th of January next from 
Milford, where we desire the rendezvous. We beg also that our 
ships may not be stopped by any embargo, that our men may be free 
from the press, and that the convoy appointed for the said trade may 
not stay for any other ship. Signed, Simon Cole, Solomon Merrett, 
Wm. Hamond, Abraham Beake. 1 p. Endorsed, Kecd. and read 
23 Dec. 1696. [Board of Trade. Newfoundland, 3. No. 18; and 
25. pp. 56-57.] 

Dec. 23. 530. Council of Trade and Plantations to Mr. Secretary Trumbull. 

Whitehall. Since your being with us we have further considered the business 
of Newfoundland, and have been attended by merchants concerned 
in all the ports using that fishery, who seem very positive in their 
desires contained in the enclosed paper (see preceding abstract). 
We find them also under very great discouragements by the return 
of the Oxford and Dreadnought, that could not reach Newfoundland, 
which puts them under apprehensions of having lost St. John's also. 
So that unless they find their satisfaction in the orders that shall 
be now given and in the further care that is to be taken, we have 
reason to look upon that trade, and Newfoundland itself, as lost for 
the ensuing year. The merchants desire as speedy a resolution as 
may be. Signed, William Blathwayt, John Pollexfen, Abr. Hill. 
[Board of Trade. Newfoundland, 25. p. 55.] 

Dec. 23. 531. Journal of Council of Trade and Plantations. The 
Hudson's Bay Company asked for copies of documents and for 
further time to complete their defence against Mons. de la Forest, 
which was granted. The Newfoundland merchants brought in a 
paper (see No. 529), and reported that there was too much reason to 
fear _that the French had taken St. John's and that they would 
require five, if not six, more ships. The question of soldiers raised 
the question of a Governor ; and the merchants undertook to draw 
up a paper on the whole matter. The New York agents asking for 
copies of Mr. Livingston's complaints against Governor Fletcher, 
the Board ordered all the papers concerning the matter to be laid 
before them to-morrow. Application was made for the confirmation 
of Samuel Lewis as Commissary-General in Jamaica. The gentle- 
men interested in copper-mines and naval stores in New England 
attending, undertook to draw up proposals in writing. 

Dec. 24. Gabriel Bernon's further petition read (see No. 533), when 
general assurances were given him that care would be taken of the 
Colony. Order in Council of 10 December, repealing certain laws 
of Massachusetts, received (see No. 484) and transmitted to Sir 
Henry Ashurst. Letter to Secretary Trumbull as to Hudson's 
Bay written. The Board fixed next Monday for hearing the 
complaints against Governor Fletcher, and ordered notice to be 
given to the parties concerned. [Board of Trade. Journal, 9. 
pp. 300-307.] 

Dec. 24. 532. Minutes of Council of Massachusetts. Eunice Burt not 
appearing to answer Richard Burt's petition for divorce, a new 
warrant was issued for her to appear on the 7th January. [Board 
of Trade. New England, 49. p. 63.] 



AMERICA AND WEST INDIES. 271 



1696. 

Dec. 24. 533. Petition of Gabriel Bernon to Commissioners of Trade 
and Plantations. About three years ago I came to England and 
represented that I had applied myself for some time to the 
manufacture of naval stores. Being the only man that had 
undertaken that trade I begged for encouragement and protection, 
but my proposals had not the issue that was expected. If I should 
set a price upon the goods above mentioned I should be unable to 
perform it, owing to the ruin of my plantations at New Oxford, and 
the danger of my establishments elsewhere. I therefore represent 
how necessary it is that the country, which is ruined in several 
places, shall receive protection against the French and Indians. 
I beg therefore for your encouragement as to the said naval stores. 
1 p. Endorsed, Kecd. and read 24 Dec. 1696. [Board of Trade. 
New England, 8. No. 52.] 

Dec. 24. 534. Council of Trade to Secretary Trumbull. We have 
Whitehall, heard the case between Mons. de la Forest and Captain Allen and 
enclose the depositions ; but the Company has asked for further 
time to bring additional proofs, so we wish to know whether the 
Governor shall be immediately sent away and whether the Company's 
evidence shall be communicated to him. Signed, Phil. Meadows, 
Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. 
Hudson's Bay, 3. p. 22.] 

Deo. 28. 535. Journal of Council of Trade and Plantations. The 
Secretary reported that the King had delayed the return of Mons. 
de la Forest until the dispute as to Hudson's Bay should be settled. 
The merchants of Jamaica attending refused the offer to take 
eighty malefactors condemned to transportation, because most of 
them were women, and because persons of bad character were not 
wanted in Jamaica. 

The complaints of Lieutenants Shank, Sydenham and Wright 
were then read, with the answers thereto, when the confusion was 
so great that the officers were told to draw up their complaints 
distinctly, and the hearing was postponed. Order for the Barbados 
Agents to attend on Wednesday morning. [Board of Trade. 
Journal, 9. pp. 307-309.] 

[Dec. 28.] 536. A collection of papers referring to the complaints of 
Lieutenants Roger Wright, George Sydenham and Matthew Shank, 
of the King's companies at New York. 

536. i. Information of Lieutenant Roger Wright, laid before 
the Governor and Council of New York, 9 May, 1696. 
I have seen the accounts of the money paid by the 
Treasury for the subsistence of Captain Weems's and 
Captain Hide's companies. It appeared that full sub- 
sistence had been paid from the raising of those com- 
panies to the latter end of January, 1694. From the 
report and murmurings of the two companies I conceive 
them to be in arrears of that subsistence from the 1st of 
August, 1694, to the latter end of January, 1694-5, and 
understand that none of the subsistence has been paid 
to them in specie, except one Boston shilling to each man. 
I know also that a petition was laid before the Queen 
for a supply to those two companies in consideration 



272 COLONIAL PAPEES. 

1696. 

of their good service at sea, upon which petition 
an order passed, but for what sum I do not know, 
though the Treasury accounts will shew it. I have no 
more to say in this respect ; but I conceive that, if the 
said subsistence had been punctually paid to the Com- 
panies by the Captains, according to Act of Parliament, 
the desertion of several men might have been prevented, 
some of whom perished in the woods. Copy. 1 p. 
536. n. Reply of Captain William Hide to the information 
of Lieutenant Wright. It is not the fact that my own 
and Captain Weems's companies were cleared for sub- 
sistence to the 10th February, but only to the 29th of 
January 1694-5, as is sufficiently proved by an abstract 
received from the Paymaster-General. Lieutenant 
Wright mutinously asserts that the companies are 
in arrear from the 1st of August, 1694, to the 10th of 
February, 1694-5. I answer that the two companies 
were only cleared for subsistence by the Treasury up 
to the 29th January, 1694-5, up to which time sub- 
sistence has been paid to my own subalterns, staff 
officers and soldiers. I can show the officers' receipts 
and the ship-book in proof and that Lieutenant Wright 
has received 23 5s. Od. more than his proper subsistence, 
as is shewn by the Agents' accounts and under his 
own hand. Thirdly, Lieutenant Wright positively 
asserts that a petition was laid before the Queen in 
Council for a supply to these companies, and that an 
order was passed for it. In reply I assert that 
I never heard of any such petition or order, never 
received a penny nor know of any money paid to 
any person whatever on that account. I am there- 
fore of opinion that his assertion is false. Fourthly, 
Lieutenant Wright says that punctual payment of 
subsistence would have hindered desertion ; to which I 
answer that the subsistence received from time 
to time for the companies was duly paid to them, as is 
proved by the victualling book and the officers' receipts. 
The money received on account of subsistence from the 
1st of August, 1694, to the 29th of January, 1694-5 
(while at sea) has been laid out on the soldiers in their 
great necessity, while on ship-board and since their 
arrival, as my accounts will show. I would mention 
that Lieutenant Wright has from time to time 
mutinously discouraged the soldiers of these companies 
from a cheerful performance of their duty by constant, 
familiar debauching with them and murmuring, as may 
be seen by a letter written with his own hand to a 
private centinel, Stephen White, in his company, dis- 
couraging him from his duty, upon which White 
deserted, and several others followed. I am of opinion 
that he is the cause of the desertion and mutinous 
behaviour of the troops since their arrival in the 
province. Copy. 2J pp. Endorsed, Read 1 Sept. 1696. 



AMERICA AXD WEST DTDIE8. 273 

1696. 

536. m. Report of die Council of New York on the two 
pujtaflng din ! nil. 11 May, 1696. We find dot 
Captains Hide and Weems bare leuared nhoafanee 
from die 1st of Aug.. 1694, to the 29th of January and 
not to Ae 10th of February, 1694-5. as IJeuenant 
Wright. We find that victuals" to subsist the men woe 
put on bond and that die victuals were charged to die 
Paymaster-General's account. Captain Hide had 
particular orders not to 
from the 1st of Augast 
niniiiilj; he baa not die account rtai 
come hum Albany, but wfll produce h in f ->TLT or nre 
days. The miller of die petition :: the wn-^ii. is denial 
by Captain Hide. We find Captain Eli-'? ioi-^-id;- of 
imrtmnmt behavioar *^m- Lie^i^niL: Wright sap- 
parted by letter from Wri^hi :o S^ph^n Whix 

- -- j : --.-. . 

dark and doubtfal expressions, ^hich :^n I :>: erO. We 
: :. " -~~~r.----.L-.- :.-.-- '_-. : 

specie, Tiri- illftandhir; their pr:r:s::r.. .Si-r-vi. \i>h. 
Bayard, Fre, Fkpee, Caleb Eea^s>7e- .S^tl- T. 
Cordandt, Gab. lOnrreUe-. '.".:*. - ::. E^i-.-'t-- 1. 
Read 1 Sept., 1696. 

536. rr. Anroontof die ii- ir-^n-ir~: : ".-^75 r-ri-r>^i r.j 

- : . H. "-- :_,:.._- : - -_- - : 

from 1 August. 1604. v.- 29 January. 1^'^4-c-. 3 '.:. fj* 
dtf infi. A reference of die accounts t : the ^T-T rDeTnhers 
: -. .. - ------ 

May, 1696; and a minute fp: - . 

- 
ad 1 Sept. 1696. 

536. T. Further information of T^ruUnn i Wrlzr: 

.-: - - - ... ::,- '. - 







s aeo 



274 COLONIAL PAPERS. 

1696. 

536. vi. Copy of a letter from Captain Hide to Mr. Edward 
Southwell. New York. 6 June, 1696. This accom- 
panies Lieutenant Wright's accusation against me of 
cheating my company out of the Queen's bounty for the 
good service done in our first engagement at sea, also of 
mismanaging the money given me on account of 
subsistence at Plymouth. My answer thereto is annexed, 
also my accounts for the money and the report of the 
Council of New York thereon. I hope this will satisfy 
you that I have not done amiss, having disposed of that 
money for the best of the service, and that he is a 
malicious blockhead. For my part I could never suppose 
that so much money should be sent me upon account and 
that I should keep it in my hands and see men perishing 
eleven months on ship-boai'd for want of sick necessaries. 
My commissioned and staff officers cannot charge me with 
a groat due to them. The soldiers have been subsisted in 
provisions both at sea and land to this day, and what money 
was left in my hands upon account for my private men 
I disposed of towards their second year's mounting, for 
truly men cannot live alone upon meat and drink in this 
country, where the winters are so extremely cold that it 
is impossible for any European to endure any fatigue or 
duty without shoes, stockings, shirts and breeches ; and 
it often falls out, by the long distance between this and 
England and the many miscarriages that happen by the 
loss and miscarriage of ships and letters, that the 
soldiers are sometimes in great necessity for want of 
clothing. Many times their officers, that are with any 
money or credit, lay out what they have to great 
disadvantage to cover their nakedness, that the King's 
service may go forward. But Mr. Wright's opinion is 
that they should have none of this care taken for them 
but that the men should receive the money which I 
received upon account (besides their provisions) in 
specie, that they might be able to drink rum. I shall 
not take his example or counsel in anything, being 
certain that he cannot instruct me in any point of my 
duty. Now, as to the character of this Lieutenant 
Wright, I will speak without malice and as favourably as 
I can. He is a drunken, vicious and inveterate fellow 
and can take a kicking as patient as a dram of Nantes, 
which is a cordial at all hours acceptable to him. He is 
a scandal to the King's commission, so talkative in his 
cups with all the scoundrels (for none else will keep him 
company) that he lashes at all without any regard. He 
was summoned before the committee a few days ago, I 
suppose after taking a large morning's draught of rum. 
Some words being moved him from the Council, 
Mr. Wright puts out his tongue, winks one of his eyes 
and screws his mouth up to a whistle (which are his 
customary indecent actions) and says: "Damme, I am 
" for the King, gentlemen, and you may do what you 



AMERICA AND WEST INDIES. 275 

1696. 

" please, gentlemen, and I know the laws and acts of 
" Parliament." A letter from Mr. Povey to the Governor 
being produced on that occasion, Mr. Wright took the 
freedom to say: "Mr. Povey! S'blood, Mr. Povey! 
"What's he? Damme, I know him well enough. He 
" is but a little inconsiderable supernumerary clerk of 
"the Council." The spark is now at Albany and I am 
acquainted by a letter from Captain Weems that he is 
corrupting the new recruits there. He tells them that 
the Assembly's groat a day added to their pay is but a 
sham, and that they would never have a penny of it. I 
think this is discouraging the King's service and the 
beginning of mutiny. He is an intolerable villain and 
enough to vitiate a whole army. To write all his 
scandalous behaviour during the short time I have been 
acquainted with him, would destroy at least three quires 
of paper. Copy. 2 pp. Endorsed, Reed, and read 
28 Dec. 1696. 

536. vii. Information of Lieutenant George Sydenham before 
the Governor and Council of New York. In the year 
1694 two independent companies for New York were 
raised under command of Captains James Weems and 
William Hide, for which subsistence was fully paid on 
embarkation in August. In our voyage on the 5th 
October we met with three French privateers, who 
disabled us so that we were forced back to Plymouth. 
Application being made for supply to enable us to 
pursue our voyage, subsistence was paid by the 
Treasury from the 1st of August, 1694 to the latter 
end of January, 1694-5. Notwithstanding several 
orders from Mr. Blathwayt to land the two companies, 
the men were confined on board, where several died. 
Moreover, in spite of the payment of the subsistence 
aforesaid I am highly sensible that none of it has been 
paid to the two companies in specie except one Boston 
shilling when they landed at Boston. I further certify 
that since the date of my commission, 16 February, 
1693-4, in Captain Weems's Company, I have never 
received any money on account of subsistence up to the 
present date of 2 July, 1696. I have also seen a private 
letter signifying that petition was made for a grant to 
the forces for their good service, upon which an orde* 
for the same was passed. On our return to Plymouth 
in August, 1694, Dr. Heburde, surgeon to the companies, 
asked Captain Hide to assist him with money to re-fit 
for the voyage, which the captain refused ; and this was 
the reason why the said Doctor deserted the service. 
At the end of January, 1694-5, Captain Hide procured the 
King's warrant for Dr. Stephen White, who was to have 
two shillings and sixpence for every soldier at their 
landing at New York. Dr. White several times applied 
to Captain Hide for necessaries for the voyage 
proportionable to the number of soldiers on board, but 



276 COLONIAL PAPERS. 

1696. 

a sufficient quantity was not laid in, which proved to 
the great loss of the King's soldiers. Moreover, a sum 
of money was paid for procuring necessaries for the 
voyage, over and above the subsistence aforesaid. 
When Dr. White on landing at New York applied to the 
two captains for the money due to him, and they 
refused to pay it, it bred such dissatisfaction in Dr. 
White as to make him desert the service several times, 
until when sent a prisoner in irons to Albany he very 
wilfully flung himself overboard and made his escape. 
If the subsistence money had been paid to the com- 
panies as the Act directs, I am of opinion that.it would 
have saved much desertion. Copy. 2 pp. Endorsed, 
Reed. 14th, Read 16th and 28th Dec., 1696. 
536. vni. Captain Hide to Governor Fletcher. New York. 
13 July, 1696. Lieutenant Sydenham's information 
seconds that of Lieutenant Wright. As to the matter 
of the subsistence received by me at Plymouth, and the 
bounty ordered for the forces at sea, I have no more to 
offer than I have already stated in answer to Lieu- 
tenant Wright. As to the orders which he says were 
sent by Mr. Blathwayt for landing the men, no such 
orders were sent us to Plymouth. I remember one 
letter from him to Lieutenant-Governor Fowke for 
landing the sick men of the companies upon St. 
Nicholas's Island, if there were accommodation, but the 
Lieutenant-Governor and I discovered that there was 
none. Moreover it was a bleak, cold place at that time 
of the year, as the Lieutenant-Governor signified to Mr. 
Blathwayt. I used every endeavour to have the sick 
men put into the hospital at Plymouth, but it was not 
allowed, it being out of their way to accommodate any 
soldiers but those sent from the grand fleet. Then I 
had no other shift but to hire an empty house in 
Plymouth for the sick, and I paid for the same and 
hired nurses to attend them. They were very well 
accommodated with fresh beef, -mutton, roots, etc., and 
had apothecaries and chirurgeons to attend them, so 
that not one man died ashore. The well men on board 
had also of the same kind of fresh meat, as the victualler 
of Plymouth can testify. Contrary to Lieutenant 
Sydenham's opinion, I say that if the well men had been 
landed they would all have deserted, having endured 
much sickness and fatigue. As to Mr. Sydenham's com- 
plaint that he has received no money on account of 
subsistence, his captain must answer that. But this I 
know, that his Captain in my hearing offered him at 
Albany ,30 upon account ; when he answered that he 
did not want money. I am sensible also of this, that 
he received ;l(?&t Plymouth, which had been paid to 
Captain Weems on account of subsistence, with orders 
to lay it out in his company on their extraordinary 
occasion, and that he turned it all to his own use besides 



AMERICA AND WEST INDIES. 277 

1696. 

5 more, which was charged to his captain. I was 
weak ashore after a great fit of sickness at the time and 
Lieutenant Biggs was much indisposed, but Mr. Syden- 
ham, who had the care of all the men on board, left the 
ship without any commissioned officer and rambled 
into the country after his own fancies, taking no leave 
of the Lieutenant-Governor or myself. Several men 
deserted from on board on this occasion. About a month 
later, when he returned again, there was a muster of the 
regiments at Plymouth, when of his own shallow head he 
took two or three files of Captain Weems's company and 
made them fall into the ranks of Norcott's Regiment to 
help the muster. To gratify him, a lieutenant of that 
regiment gave him two papist Frenchmen, privateers 
just out of gaol, for which he charged his captain '4 
enlisting money. They are the two Frenchmen whom 
you ordered from Albany, on suspicion that they 
intended to desert to the French. Expecting to sail 
every day I had not time to call him to account at 
Plymouth for these transgressions, which I am sure 
are against the Act of Parliament and consequently 
would mean cashiering to him and disability to serve 
the Crown of England. As to the desertion of the 
surgeon, Herbert, he pawned the King's instruments 
and a pair of the soldiers' ammunition sheets before he 
went, as I reported to Chirurgeons' Hall, where they 
were much incensed against him, as I can prove by a 
letter from Herbert himself. He had a warrant from 
Chirurgeon's Hall that he was to have two shillings and 
sixpence a man for his care of them on the voyage to 
New York, and he was told that he would receive the 
money on his return, bringing a certificate from the 
officer of his diligence. As he deserted before the per- 
formance of his trust he has no claim for money, and 
as to paying him money to continue in the service I 
had no money for the purpose, unless I paid him from 
the subsistence money, which Lieutenants Wright and 
Sydenham maintain should be disposed of only by- pay- 
ments to the men in specie. Mr. Sydenham's assertion, 
that I have given my men no more than a Boston 
shilling in specie, is most perfidiously false, for I can 
prove by certificates that I have cleared my com- 
missioned and staff officers in subsistence. I have not 
only paid my men that shilling in Boston to wash their 
linen, but laid out 2 10s. in ready money for provisions 
for them, when they were encamped for a day at New 
York. Colonel van Cortlandt knows this, and Major 
Schuyler will acknowledge that I have paid him 
120 dollars on account for victualling my company, for 
which I hold his receipt. If this be not paying the men 
in specie I know not what specie is. Nor do I hear the 
men complain. They have been subsisted in provisions 
from their embarkation to this very day ; and as to what 



278 COLONIAL PAPERS. 

1696. 

I have laid out upon my company in their extraordinary 
necessity, I hope my accounts will show that I have 
expended it to an unavoidable use and occasion. Not- 
withstanding Lieutenant Sydenham's favourable opinions 
of the surgeon Herbert, and our loss through his 
absence, the Lieutenant used to exclaim much against 
him and often told me that Herbert neglected his duty 
and called him rogue and rascal, which was a fine com- 
plaint from a commission-officer. He was so little a 
soldier as to think that I could not command him or 
any of Captain Weems's men on board, and had the con- 
fidence to tell me so to my face. But I took him to 
correction, beating that part of discipline into him, and 
afterwards kicked him out of the cabin, which he took 
very patiently. Stephen White, a private man in my 
company, upon Herbert's desertion, applied to me, saying 
that he understood chirurgery. He was examined by 
the King's chief chirurgeon at Plymouth, who sent a 
certificate of his ability to Chirurgeons' Hall, from 
whence he received a warrant like Herbert's for the 
voyage. But this did not discharge him from being a 
soldier. I supplied him with medicines and instruments 
by the advice of the King's chirurgeon, who completed 
me a sufficient chest for the voyage. As soon as we 
arrived here White asked me how he was to be paid for 
his trouble, and my answer was that I had no money, 
but that he must be patient, like others, till we heard 
from England. He seemed to be well satisfied till a 
letter from Lieutenant Wright discouraged him from 
serving the King at Albany, whereupon he deserted and 
several men with him, almost to the destruction of our 
Companies, if you had not recruited us. As to what 
Lieutenant Sydenham says of a supply received to 
provide the men with such articles as brandy, tobacco, 
sugar, rice, etc., over and above the subsistence money, 
he speaks falsely, as can be proved at the Treasury. To 
expose this Sydenham's cowardice I must acquaint 
you that he has lately been very well caned and cudgelled 
at Albany, and that he ran with a pistol in his hand, 
which he drew out of his coat-pocket, crying "Assault 
and battery ! Assault and battery ! " Moreover, his 
letter to you from Senectady, where he commanded in 
chief, plainly demonstrates his poor spirit and conduct 
and mere weakness of sense that he stood looking 
over the stockades of the fort beholding all the action, 
when a party of cowardly, skulking Indians came and 
scalped and carried away some of the inhabitants and 
he dared not send to their relief, nor so much as fire 
a gun from the fort, when he was near enough and by 
these means rn^jdit have rescued them. I'll leave you 
to judge whether, if he behaved so in any garrison in 
Europe, he would not go near swinging for it. He 
brought here with him a cargo of peddling trade, and 



AMERICA AND WEST INDIES. 279 

1696. 

has minded that and handling more than what his 
commission requires from him. He is so disturbing 
and factious a man, and so rank a coward, that he is a 
scandal to all who bear the King's Commission, and 
beneath any officer to march in one rank with. Besides, 
it is dangerous and of such evil consequence that it is 
not for the King's service for him to be entrusted in 
any manner of command which requires bravery. The 
man who will take a caning as patient as a pack-horse 
will never have the courage to vindicate the honour of 
his King and country. Copy. 7% pp. Endorsed, Eecd. 
and read 28 Dec., 1696. 

536. ix. Extract from the Minutes of Council of New York, 
16 July, 1696. The complaint of Lieutenant Sydenham 
and Captain Hide's answer were read. Colonel van 
Cortlandt and Major Schuyler testified to the payments 
made by Captain Hide for victualling his Company. 
Lieutenant Sydenham owned that he had been lately 
caned at Albany, but hoped that the Council would not 
allow it to be fair for an inferior officer to cane his 
superior without any reason. Order for a copy of 
the complaint and answer to be sent to England. 
Cop//. 1 p. Endorsed, Eeceived and read 28 Dec., 1696. 

536. x. Abstract of the grievances of Lieutenant Roger 
Wright, with the answers of the New York Agents to 
the same. (1) On landing at Boston Wright wrote to 
the Governor telling him of the six months' subsistence 
paid in England for the use of the New York Companies, 
and warning him of the ill consequences that would 
attend their not paying it for its proper object. (2) At 
his landing at New York Lieutenant Wright was told 
by the Governor that he had received two letters in his 
behalf from the Dukes of Bolton and of Leeds ; also 
that the Governor understood that the Captains had 
embezzled the subsistence money and great part of the 
surplus provisions and that he would not meddle with 
their concerns. Answer. (I, 2) There is only Mr. 
Wright's word for this. He seems to have been 
very early with his complaints. It is not likely 
that the Governor would say that the Captains had 
embezzled the subsistence till he had examined the 
matter. (3) The Governor told Lieutenant Wright 
that he was sorry for him, as he had served in command 
before, and that he had better have had a halbert in 
England than come to serve as Lieutenant in New 
York. Answer. (3) The Governor could only have 
meant that a halbert was as much as Mr. Wright 
deserved, or referred to the pay, which is much short of 
English and generally long in arrear. (4) Having no 
notice to prepare for the frontiers, Lieutenants Wright, 
Sydenham and Riggs asked the Governor to help them 
with a little money or credit, but the Governor refused. 
Answer. This can be no charge upon the Governor. 



280 COLONIAL PAPERS. 

1696. 



The Captain should have furnished the money if he had 
received it. (5.) Mr. Wright being put in command at 
Senectady applied for supplies of ammunition and stores, 
but he did not receive them. Answer. This is Mr. 
Wright's bare allegation. The Governor would send 
soldiers to no garrision without ammunition. (6) Mr. 
Wright found dissatisfaction among the men on account 
of hard usage and want of sufficient and good provisions, 
such as shirts, shoes and stockings, the want of which 
occasioned much desertion. Answer. If by provisions 
Mr. Wright means victuals, his statement is certainly 
false. The want of shoes, etc. might be very true and 
yet not the captain's fault, since the King's allowance 
might not bear it. Captain Hide gave his company 
many necessaries which he could only have supplied 
with the help of the subsistence money granted in 
England. It will be found that the desertion was due 
chiefly to Mr. Wright's conduct. (7, 8) Finding the 
companies much weakened Lieutenant Wright desired 
to know how the Captain could close the rolls according 
to Act of Parliament, upon which he was solicited to 
close the full muster-rolls but refused to close for more 
than the actual effective men. No musters were made 
in America, according to the Act. Answer. More proof 
than Mr. Wright's word is wanted. It is certain that 
the Governor and officers have been at great expense in 
keeping the companies full. (9) Mr. Wright was forced 
to subsist upon a private man's allowance for several 
months, having neither money nor credit allowed him 
otherwise. Answer. Mr. Wright must prove this, or 
it will be thought that no more of his pay could come 
to him owing to his debts. (10) The Governor deducted 
30 per cent, for the subsistence that Mr. Wright 
received in England. Answer. It is extraordinary that 
Mr. Wright should not know that this deduction is made 
by the King and that all submit to it. It is indeed 
very heavy, and we hope that it may be taken off. 
(11, 12) Mr. Wright is highly sensible that the deten- 
tion of the subsistence was the great cause for desertion 
in the two companies, but his representations there- 
upon were not heeded by the Governor and Council. 
The want of encouragement upon his lawful and just 
complaints obliged him to lay down his command in 
order to come home to seek justice of the King. Answer. 
The proceedings of the Council and Captain Hide's 
accounts, showing how the subsistence was disposed of, 
are to hand and open to inspection. The great occasion 
of the desertion of the soldiers arose from Mr. Wright's 
mutinous practices, which can be proved by letters 
which confirm^gyery part of his behaviour since he came 
to New York. 3^ pp. The complaints and answers are 
set out in parallel columns. Endorsed, Reed, and read 
28 Dec., 1696. 



AMERICA AND WEST INDIES. 281 

1696. 

536. xi. Copy of Lieutenant Wright's complaints only, without 
the answers. 2 pp. Endorsed, Reed. 14th, read 
16th December, 1696. 

536. xn. Abstract of the grievances of Lieutenant George 
Sydenham, with the answers of the New York Agents 
thereto. (1) At our landing iu Boston the two captains 
marched their men out of town, without paying their 
soldiers' quarters or signing the landlord's bills accord- 
ing to Act of Parliament. Answer. The [Mutiny] Act 
amiears not to apply to parts beyond sea. In any case 
sirrce the parties on whom the men were quartered made 
no complaint (since the arrangement was by consent) 
the affair is no concern of Mr. Sydenham's and is 
frivolous and impertinent. (2) Captain Weems carried 
a young lad out of England and sold him slave in New 
York for 15. Answer. It is no novelty to take young 
lads out to the Colonies for a certain number of years, 
paying for their passage and other necessaries, and to 
assign the term to such as are there willing to agree for 
their service. (3) On the order for March to Albany, 
Lieutenants Riggs, Sydenham and Wright applied to 
Governor Fletcher for money or credit, but were 
refused. Answer. The Governor had no money of 
theirs in his hands. Lieutenant Riggs makes no 
complaint. The reputation of Lieutenants Sydenham 
and Wright might verily deter a man from lending them 
money. (4) In September, 1695, Mr. Sydenham applied 
to Governor Fletcher for his subsistence, when the 
Governor ordered Captain Weems to pay him off ; but 
Captain Weems refused to do so. Answer. It is neither 
said nor proved that the Governor was bound to find 
subsistence for Mr. Sydenham. If Captain Weems had 
had any of Mr. Sydenham's it is not likely that the 
Governor would not have enforced his order. (5) On 
New Year's Day Captain Weems sent Mr. Sydenham a 
full muster roll for signature ; but he refused to sign it, 
saying that he had never seen so many effective men, and 
that it was contrary to Act of Parliament. Answer : This 
might well be, since Mr. Sydenham's peddling might 
make him ignorant how many men there were. If 
Captain Weems had made false musters he ought to 
suffer the penalty, but, as no such thing is asserted, 
this seems rather a calumny than an accusation. 
(6) At the end of March, 1696, Mr. Sydenham was 
sent to command the garrison at Senectady, who, 
finding that the men were without shoes, stockings, 
shirts or clothes, represented that in such a state the 
men could not perform the duty assigned to them. 
Captain Weems only replied that the soldiers had all 
the clothes that the King allowed them. Answer. It 
must be confessed that in those countries the soldiers 
are under great hardships from the dearness and 
acarcity of clothes and the smallness of their pay, 



282 COLONIAL PAPERS. 

1696. 



which is a full third less than in England ; but if the 
soldiers had all the clothes the King allowed them the 
Captain could not be expected out of his own pocket 
to provide them with more. (7) Mr. Sydenham 
represented to the Governor also the want of clothing 
and of conveniences for boiling the men's provisions. 
The Governor wrote that clothes were hard to be got, 
but that he could provide the other necessaries applied 
for. This was not done. Answer. The money voted 
by the Assembly for the soldmrs was expended accord- 
ing to the recommendation*of a committee, who were 
better judges than Mr. Sydenham on what objects it 
should be spent. (8) Mr. Sydenham reported to the 
Governor that the Commissioners refused to give to 
the soldiers the provisions usually allowed, but gave 
instead thereof money of not half the value, saying 
that if the men would not take that they should have 
nothing. The Governor did nothing to remedy these 
abuses. Answer. It has been the constant practice 
in New York to victual the soldiers by contract rather 
than pay them money, which they would only spend 
upon drink to their own starvation. It is incredible 
that the Governor should have permitted such abuse 
on the mere assertion of Mr. Sydenham. (9) Mr. 
Sydenham was forced to live on a centinel's provision 
for several months, which was very ordinary. Answer. 
The victuals that will support one man may be assured 
to support another. Mr. Sydenham's merits entitle him 
to no better diet than the meanest centinel, at a time 
when no subsistence had been sent from England. (10) 
When relieved at Senectady Mr. Sydenham obtained 
leave to come to New York, when finding himself 
not able to live on such terms he laid an information 
before the Governor and Council against the two 
captains ; to which the Governor replied that it was 
not the part of a gentleman to inform against his 
officers. Answer. It seems by Mr. Sydenham's 
coming to England that he was able to live on those 
terms. He does not say what information he laid. 
Had it been material the Council would have given 
him relief ; but since it was nothing but mutinous 
clamour and frivolous murmurs the answer could 
hardly have been other than it was. The other three 
lieutenants at Albany have suffered the same hardships 
as the three complainants, but they have never joined 
them nor made complaints. (11) Captain Weems 
charged Mr. Sydenham with 120 received from the 
Agent in England, whereas the Agent's accounts show 
that but 55 was so received. Answer. If this be so 
it is doubtlesq^an error, and it is unquestionable that 
Mr. Sydenham should not be charged for more than 
he received ; but the matter is insignificant to bring 
before their Lordships, and if the charge be unjust 



AMERICA AND WEST INDIES. 283 

1696. 

Mr. Sydenham need not allow ifc. (12) From want of 
proper food and clothing some of the soldiers drowned 
themselves, others deserted into the woods, where 
they lived for days on roots and bark, and those 
that escaped to towns lost the use of their limbs for 
weeks. Some were re-taken, tried and shot; yet some 
deserted a second and third time owing to the hardships 
that they received. Answer. The soldiers did not 
desert from want of food and wholesome provisions, as 
, Mr. Shanks's complaint can show. Some of the 

principal causes of desertion were the mismanagement, 
cowardice, ignorance and folly of such officers as 
Mr. Sydenham and others, as is shown by Captain 
Hide's letter to Mr. Edward Southwell, debauching 
and instilling mutiny into the men and blowing 
them up with hopes of faring much better in other 
colonies. If by improvidence, want of knowledge 
of the Country and strength to travel, some of 
the soldiers who deserted have perished, others have 
suffered great hardships, and others have been put to 
death, they owe it to the teaching of these officers and 
to their own wilful mistakes. (13) At the raising of 
the Company Mr. Sydenham spent A'40 on the enlist- 
ing of fifty recruits. Mr. Blathwayt thought the charge 
reasonable, but Captain Weems refused to pay it or the 
money allowed by the King for raising so many men. 
Answer. Mr. Sydenham does not allege that Captain 
Weems ever received any money for the service which 
he claims to have clone, nor in any case does Captain 
Weems's refusal concern Governor Fletcher or Captain 
Hide. Since Captain Weem's answer cannot be had, it 
is reasonable to believe that, if such expense and refusal 
have been, the money has been stopped for a like or 
greater sum converted by Mr. Sydenham to his own 
use. 3J pp. The grievances and answers are set out in 
parallel columns. Endorsed, Reed, and read 28 Dec., 
1696. 

536. xni. Copy of the grievances of Lieutenant Sydenham 
alone without the answers. 3 j}p. Endorsed, Reed. 14th, 
read 16th Dec., 1696. 

536. xiv. Depositions of three soldiers of Captain Weems's 
company, taken at Albany, 11 August, 1696, that they 
and s^even more were sent on shore at Plymouth by 
Lieutenant Sydenham, and placed in the ranks of 
Colonel Northcott's Regiment, to help the muster. 
Copy. Inscribed. The original Captain Weems sends, 
I believe. Signed, W. Hyde. J p. Endorsed, Reed, 
and read 28 Dec. 1696. 

536. xv. Grievances of Lieutenant Matthew Shank against 
the Governor and Captains in New York, with the 
answers of the Agents for New York thereto. (1) Mr. 
Shank served as first lieutenant in a company of 
Grenadiers raised for New York. Answer. " It is very 



284 COLONIAL PAPERS. 

1696. 



true." (2) The company having done duty in 
England for several months received and spent their 
pay in England, and were afterwards transported to New 
York, where Governor Sloughter died in five months 
after his arrival. Answer. " Not improbable." (3) 
After him Governor Fletcher came over and brought 
clearings for the two companies to the first of January, 
1691. Answer. Likely enough. (4) Governor 
Fletcher kept the pay in his own hands for ten months 
after his arrival, and before he would pay Mr. Shank 
deducted 30 per cent. Answer. Governor Fletcher 
arrived at the end of August, 1692. There was some 
dispute as to ,1,100 received by Governor Sloughter for 
the two Companies, so that there may have been delay 
(though it is not acknowledged) until that dispute was 
settled. The deduction of 30 per cent, was made before 
Governor Fletcher received the money. (5) Governor 
Fletcher brought the Companies into debt, which caused 
much desertion. Answer. The victualling of the 
men and the stoppage for their clothing in England 
amounts to more than their pay, so no wonder 
they were brought into debt. (6) Since then the Com- 
panies have been kept without subsistence for eighteen 
months at a time, the place where they are being so poor 
that they can have no credit, and the Governor takes no 
care for their subsistence, so that living becomes 
impossible. Answer. This cannot be. No man can 
live eighteen months without subsistence. That the 
place is poor is too true, but Mr. Shank's want of credit 
proceeds from another cause. The Governor has con- 
stantly taken care for victualling the troops, and that 
living is possible becomes evident from the letters of 
officers living there, and Mr. Shank's own return to 
make this grievous complaint. (7) Mr. Shank being in 
want of money applied to Governor Fletcher for the 
subsistence due to him. The Governor answered that 
he had no money. Mr. Shank said that if the Governor 
would draw a bill on the Agent he, Mr. Shank, could 
have what money he wanted from a merchant in New 
York. The Governor replied that he would draw no 
bill, and that if Mr. Shank wanted money one Mr. 
Honan would advance it, which he was forced to do, and 
received 20 New York rnpney in return for a bill for 
23 sterling. Answer. The reason for the Governor's 
refusal was that he had no money of Mr. Shank's in 
his hands and that his credit was insufficient. If Mr. 
Shank made an ill bargain with Mr. Honan it was 
because he could procure money on no better terms 
elsewhere. (8) The Governor finding the Companies 
there would -flot write to the King for recruits, but that 
his Majesty would make them up hundreds (sic). When 
the forces arrived they were about half-companies, and 
there has never been more than one muster returned 



AMERICA AND WEST INDIES. 285 

1696. 

there five or six years that Mr. Shank knew or heard of. 
Ansiver. That the Governor has from time to time 
written for recruits will appear by his letters, though 
many packets have been captured by the French. The 
musters returned may be found in the office unless pre- 
vented by the same misfortune. Mr. Shank is not so 
well acquainted with the Governor as to know what he 
does or does not write for. (9) Mr. Shank's Company 
has received but two mountings in five years ; and the 
consequent want of necessaries has caused much deser- 
tion. Answer. They have had all that has been sent 
over for them. (10) An order came from the Governor 
to the Sheriff of Albany to muster the Companies there, 
and the sheriff refusing, on the solicitation of the 
captains, to sign a private muster was turned out of the 
place, as was verily believed, for no other reason. Answer. 
The Governor has unquestionably taken great pains to 
keep the Companies full and the Assembly has helped 
him. Mr. Shank does not give the names of these 
captains, nor say whether he means all or only two of 
them, nor whether by a private muster he means a false 
muster. He positively asserts that the sheriff was 
turned out of the place for refusing it, and then says 
that the fact is verily believed. Evidently slander and 
detraction are more aimed at by this complaint than 
any pretended wrong. (11) Mr. Shank was forced to 
subsist upon a centinel's allowance for several months, 
the said allowance being only bread, beer, pork and 
pease at five pence a day, New York money. For this 
hard usage he made application to the Governor for 
redress, but failing to obtain it was forced to resign his 
commission and come to England. Answer. If Mr. 
Shank subsisted at five pence a day it shows good 
husbandry and that consequently he must be a gainer 
by his commission. Not to be able to live in the same 
circumstances as other men confesses a great weakness. 
If the station of a soldier and the dangers and fatigue 
of war have been too hard for Mr. Shank he has done 
well to resign, and it is offered that his place is filled by 
one well satisfied with his post, capable of living by his 
pay and of discharging his duty. Copy. 1% pp. The 
grievances and answers are set out in parallel columns. 
Endorsed, Reed, and read 28 Dec., 1696. 
536. xvi. Copy of the grievances of Lieutenant Matthew 
Shank, without the answers. 2 pp. Endorsed, Reed. 
14th. Read 16th Dec., 1696. [Board of Trade. New 
York, 6. Nos. 84 i.-xvi.] 

Dec. 28. 537. William Popple to the Solicitor-General. Forwarding 

Whitehall, the Acts passed by the Assembly of New York for his inspection 

and opinion. [Board of Trade. New York, 52. p. 54.] 

[Dec. 28.] 538. A list of several Acts of the General Assembly of 
New York from April, 1691, to 25 March, 1696. 5 pp. Endorsed, 



286 COLONIAL PAPERS. 

1696. 

List of Acts sent to Mr. Solicitor-General, 28 Dec., 1696. [Board 
of Trade. New York, 6. Nos. 85 ; and 52. pp. 54-61] . 

Dec. 30. 539. Petition of the subscribers for working mines and 
producing Naval Stores in New England, to Council of Trade 
, and Plantations. We have made large subscriptions towards 

the digging of mines and producing of naval stores in New 
England. The stock to be raised will be so great and the number 
of persons, concerned and employed so many as cannot be orderly 
managed but under the powers of a Corporation, for which reason 
we beg to be incorporated. Our charter will not exclude others 
from producing the same commodities. The King may have 
the pre-emption of the said commodities, and the Company will be 
ready to contract, as often as required, with the Navy Board for the 
supply of naval stores from New England on the usual terms. 
Such contracts made by the Company will be more for the King's 
service than a similar contract with private persons, since the 
Company will always have a sufficient stock for the supply of the 
said commodities, and will not be liable to accidents or disabilities 
which often attend private persons. To give assurance of our 
design to use our stock in producing the said commodities, we are 
willing for a clause to be inserted in the Charter empowering the 
King, in case of our neglect or refusal to contract with the Navy 
Board for supply of naval stores, to cancel our Charter by advice 
of the Council under the Great Seal, giving time for the Company 
first to dispose of their effects for equal distribution of the dividend 
among the shareholders. We have already been at great expense, 
had many attendances, and spent much time to obtain a charter. 
Longer delay will much hinder, and speedy dispatch greatly advan- 
tage, the undertaking. 1 p. Endorsed, Reed, and read, 30 Dec., 
1696. [Board of Trade'. New England, 8. Nos. 53 ; and 36. 
pp. 99-101.] 

Dec. 30. 540. Memorial of Barbados merchants to Council of Trade 
and Plantations. Many of our ships now fitting out for Barbados 
are but lately arrived in the river, and the great frosts have hindered 
their equipment for sailing, so that few or none are ready. We 
beg therefore that the despatch of the convoy may be postponed 
till the 31st of January. The number of ships will then be about 
twenty-five sail of two hundred tons each, one with another. Signed, 
Fran. Eyles, Rob. Heysham, Rowland Tryon, Samson Gideon. 
1 p. Endorsed, Reed, and read, 30 Dec., 1696. [Board of Trade. 
Barbados, 7. No. 23.] 

Dec. 30. 541. Journal of Council of Trade and Plantations. Several 
applications for copies of documents, relating to the complaints 
against Governor Fletcher, granted. Lord Macclesfield's letter of 
9 December read. (See No. 477.) Standing Order that the Secretary 
open all letters addressed to the Board, as soon as they come into 
his hands. The merchants of Newfoundland asking as to .their 
convoys were told that tljp business would be considered on Friday. 
The Barbados merchants presented a memorial (No. 540), and urged 
the expediency of all the convoys to sail together. Ordered that 
the Agents for the Leeward Islands attend to-morrow on this 



AMERICA AND WEST INDIES. 287 

1696. 

business. The Lords took into consideration the question of 
presents to Governors, and drew up a list of their present salaries. 
The gentlemen interested in mines and naval stores in New England 
presented a memorial. (See No. 539.) 

Dec. 81. The Secretary reported that the Admiralty informed him that the 
men-of-war for Virginia were not yet ready. Order for notice to be 
given to Mons. de la Forest that his business will be considered on 
Monday next. On the application of Lieutenant Wright the 
original memorials from him and his brother officers were returned 
to him. The merchants to the Leeward Islands attended on the 
subject oi convoys, and agreed, after some discourse, that it would 
be best for the convoys -to sail together. Messrs. Leisler and 
Gouverneur gave in affidavits from two persons as to the elections 
in New York. (See Nos. 543, 544.) A letter from Lord Bellomont 
announcing his coming to England within two or three weeks was 
read. A memorial from Mr. Randolph as to the new Governor of 
the Bahamas was read (see No. 542), when he disclaimed any 
personal exception against Captain Webb. Order for a letter to the 
Proprietors of the Bahamas reminding them that the Governor 
should be approved by the King. [Board of Trade. Journal, 9. 
pp. 309-316.] 

Dec. 81. 542. Memorial of Edward Randolph to the Council of Trade 
and Plantations. I understand that the Proprietors of the Bahamas 
have recalled Mr. Trott, the present Governor, and contrary to the 
Act for regulating the Plantation Trade have appointed "Captain 
Nicholas Webb to succeed him without previous approval of the 
King in Council, as required by the Act. Hereby the illegal trade 
in the Bahamas will be encouraged and supported by the Pro- 
prietors' Governors unless they be first duly qualified as the Act 
directs. I propose that Captain Webb be presented by the Pro- 
prietors to you for examination as to his fitness for his appointment 
and for the King's approval if his Majesty see fit. Signed, Edw. 
Randolph. Holograph. 1 p. Endorsed, Reed. Read 31 Dec., 
1696. [America and West Indies. 601. No. 40.] 

[Dec. 81.] 543. Deposition of Henry van Bael of New York. Deponent 
was in the city at the time of the election in May, 1695, when he 
was sufficiently informed that the freeholders, of whom he is one, 
were not to .enjoy free privilege of election because several soldiers 
and sailors were to be packed upon the freeholders, and the sailors 
of H.M.S. Richmond were to be there to deter the people from 
voting as they liked. For these reasons only he did not go to the 
place of election, and after it he was sufficiently informed that 
these things did happen, and that the freeholders had not free 
votes. Sworn, 21 Dec., 1696. J p. Endorsed, Reed. 31 Dec., 
1696. [Board of Trade. New York, 6. Nos. 86; and 52. pp. 
64-65.] 

[Dec. 31.] 544. Deposition of Martines Lambris of New York. Deponent 
was present at the election in New York in May, 1695, when 
he saw that the inhabitants divided themselves into two parties, 
one of which began to vote and asked the others why they 
did not vote. The others replied : " We have not our privileges, 



288 



COLONIAL PAPERS. 



1696. 



Dec. 31. 

Kensington. 



Dec. 31. 

Kensington. 



Dec. 31. 

Kensington. 



Dec. 31. 

Kensington. 



Dec. 31. 

Kensington. 



for there are several sailors and soldiers among you, not freeholders, 
whom you have clothed in other habits ; and besides, if we do vote, 
the sailors of the King's ship are ready armed with clubs" ; which 
sailors deponent saw himself. So that by these means the inhabi- 
tants were forced to lose their right, and went away much discon- 
tented. Deponent saw the sailors of the King's ship march with a 
violin at the head of them, who mocked at the inhabitants who did 
not vote. The said inhabitants protested then and there that none 
but freeholders ought to vote, of which right they were debarred by 
these abuses. The Assembly thus chosen was always looked upon 
as illegal by the majority of the inhabitants, who continually 
murmured thereat. Deponent has heard many of them say that 
they never expected to enjoy their rights under Governor Fletcher 
but hoped for redress from the King. The said Assembly raised 
several taxes, and among them a sum to defray the expenses of 
William Nicolls, who was sent agent to England by the Governor 
and Council, which the people were unwilling to pay. In Long 
Island the people cried out much against the oppression under 
which they lost their privileges, and thought they would not have 
their rights while the Governor continued. Sworn, 21 Dec., 1696. 
Endorsed, Reed. 31 Dec., 1696. [Board of Trade. New York, 6. 
Nos. 87 ; and 52. pp. 62-64.] 

545. Order of the King in Council. That the Proprietors 
of the Proprietary Colonies be heard in the matter of the memorial 
and representation on January 7th, as recommended by the Council 
of Trade in their report of 17 December. Copy. 1 p. Endorsed, 
Reed, and read 1 Jan., 1696-7. [America and West Indies. 601. 
jVo. 41 ; and Board of Trade. Proprieties, 25. p. 18.] 

546. Order of the King in Council. For the stores of war 
in a list annexed to be sent to Barbados, of which the Master- 
General of the Ordnance shall take notice. Copy. 1 p. Endorsed, 
Reed. 18 June, 1697. Read, 6 July. [Board of Trade. Barbados, 
7. Nos. 24; and 44 A. p.lO.~] 

547. Order of the King in Council. Approving the recom- 
mendation of the grant of 500 to encourage emigrants to Jamaica', 
and referring it to the Council to appoint a fit person to procure 
and encourage poor tradesmen and others to transport themselves 
to Jamaica. Copy, l^ PP- [Board of Trade. Jamaica, 8. Nos. 
40 ; and 56. pp. 83-84.] 

548. Order of the King in Council. Correcting the preceding 
order, and directing the 500 to be paid to such person as the 
Council of Trade shall appoint. 1J pp. Endorsed, Reed. Read, 
19 March, 1696-7. [Board of 'Trade. Jamaica, 8. Nos. 41 ; and 
56. p. 84.] 

549. Orders of the King in Council. Approving six Acts of 
Montserrat and ten Acts ^f the General Assembly of the Leeward 
Islands. Copies. 3J pp. Endorsed, Reed, and read, 9 June, 
1697. [Board of Trade. Leeward Islands, 5. No. 21 ; and 45. 
pp. 70-74.] 



AMERICA AND WEST INDIES. 289 



1696. 

Dec. 81. 550. Order of the King in Council. That orders be sent to 
Kensington. t, ne Governor of Maryland to pay the allowance to Richard Sewell, 

Thomas Cockshutt and Stephen Bordley, ministers, according to 

th^ prayer of their petition. Signed, Wm. Bridgeman. J p. 

Endorsed, Reed. 15 Jan. Read 1 Feb., 1696-7. [Board of 

Trade. Maryland, 3. No. 9 ; and 9. p. 26.] 

Dec. 31. 551. J. Tucker to Mr. Popple. Forwarding extract of a 
Whitehall, letter from Lord Bellomont, to be laid before the Council of Trade. 
J p. Annexed, 

551. i. Extract from a letter of Lord Bellomont to Secretary 
Trumbull. Dublin, 12 Dec., 1696. I hope in a fortnight 
or three weeks to kiss your hands in London, and after 
that to be ready to be dispatched to New England, if 
the King see fit to send me to that Government. Copy. 
J p. The whole endorsed, Reed, and read 31 Dec., 1696. 
[Board of Trade. New England, 8. No. 54.] 

552. A collection of six loose sheets with brief memoranda 
relating to the distribution of certain New York papers, according 
to the old arrangement. [Board of Trade. New York, 6. 



1697. 

Jan. 1. 553. Journal of Council of Trade and Plantations. The 
Secretary reported that he had written to Mr. Thornburgh, Mr. 
Nelson and Mr. Hebb, as ordered. He was directed to summon 
Mr. Thornburgh to attend next Wednesday. Mr. Cole, Mr. Merret 
and Mr. Usticke attended on the business of Newfoundland, and 
were informed as to the orders given by the King as to convoys. 
They named St. Johns, Ferryland and Carbonere as the places that 
should be fortified in Newfoundland. Order for the Secretary to 
inform the Mayors of the outports of the orders as to convoys to 
Newfoundland. 

The Jamaica merchants attended, and were informed that the 
King would grant them 500 to transplant men to Jamaica on 
their giving security to repay the money if they did not get the 
men. They answered that they could hardly get men in time to 
sail by next ships, and that even if they got 200 men with the 500 
it was useless for them to go alone or until they had a transport- 
ship to keep them in. They spoke also of fresh letters from Sir 
William Beeston of the danger of the Colony owing to the dearth 
of men, which Mr. Blathwayt corroborated by letters from Sir 
William to himself. Mr. Way then brought up the question of 
Commissary Lewis's security in Jamaica, which the Council agreed 
to leave to Sir William Beeston. 

Ordered that the Order in Council of 81 December as to Admiralty 
Courts in the Colonies be sent to the Agents of the several Proprie- 
tors, and a copy to the Secretary of the Treasury. [Board of Trade. 
Journal, 9. pp. 816-320.] 

Jan. 2. 554. Copy of a letter from Benjamin Davis of Boston to 
Edward Hull, merchant, of London. We are in a sad posture for 
want of a settlement and of help from the King, the French 
threatening to be on us in the spring. We have had no news from 

28181 T 



290 COLONIAL PAPEES. 

1697. 

Barbados these ten weeks. The last account was that four French 
ships of seventy guns lay to windward of the Island, and they were 
all upon their guard ; and we hear from Nevis last week that they 
are still there, intercepting every provision- ship and sending them 
into Martinique, and that no vessel can come off the Island. Our 
people are very sorry that the King continues so many petty 
governments among us, such as Piscataqua and Rhode Island, 
which if not altered will be a means to ruin this Government. 
There are such a bloody crew of privateers at Rhode Island that that 
Government cannot rule them, and the sober men are in fear o'f 
their lives. The privateers are daily plundering vessels as they 
come in, and it is said that unless the King take some present care 
the privateers will govern the Island. 1 p. Endorsed, Reed. 
Read, 15 April, 1697. [Board oj Trade. New England, 8. No. 55; 
and 36. pp. 156-157.] 

Jan. 2. 555. William Popple to the Mayors of Bristol, Barnstaple, 
Whitehall. Bideford, Exeter, Plymouth, Dartmouth, Weymouth, Poole . and 
Fowey. Your proposals as to the Newfoundland trade have been 
laid before the Council of Trade. The King on their representation 
has ordered a fourth-rate frigate to be ready at Plymouth on 20th 
inst. to convoy the ships from London and the Channel ports to 
Portugal to lade salt, and thence to Newfoundland. Another frigate 
will be ready at Milford at the same time to convoy the ships 
from Bristol, Bideford and Barnstaple. You will receive early 
information as to convoys for the fishing-ships. [Board of Trade. 
Newfoundland, 25. p. 57.] 

Jan. 4. 556. Minutes of Council of Maryland. Petition for trial of 
a ship for breach of the Acts of Trade referred to the Attorney- 
General, and Commissioners appointed conditionally to try her. 
H ere folloiv the report of the law-officers and the account of the 
trial of the ship. [Board of Trade. Maryland, 13. pp. 213-217.] 

Jan. 4. 557. Minutes of Council of Jamaica. Order for payment of 
403 for a fireship bought into the King's service, also that the 
captain's wages be 10 a month with 15s. a week for diet, and 
the gunner's and boatswain's wages 4 a month with 10s. a week 
for diet, also that the Receiver-General pay the charge of fitting the 
said ship. Orders for payments for land bought for the King's, for 
guns, fortifications, and salaries. Two accounts for fortifications 
passed. Petitions for compensation for the loss of a pressed canoe 
and for rebate of duty on certain imported negroes granted. Order 
for the charges for reducing rebellious negroes to be placed to 
account. The Receiver-General brought up his accounts of the 
King's revenue. He was then ordered to transfer his balance to the 
new Receiver-General. The Governor laid before Council an 
account of Captain Kirkby's disobedience to his orders, and issue 
of orders to Captain Moses contradictory to those of the Governor. 
The Council supported the Governor's orders, and agreed that the 
sooner Captain Kirkby^vent home the better. The Governor 
reported that several persons had assembled and drunk King 
James's health in St. Andrew's parish. Order for the Justice to 
enquire thereinto. [Board of Trade. Jamaica, 79. pp. 87-47.] 



AMERICA AND WEST INDIES. 291 



1697. 

Jan. 4. 558. The Mayor of Dartmouth to Council of Trade and 
Dartmouth. Plantations. I have communicated yours of 2nd inst. to the 
merchants here, and we all return you thanks. We sent our 
proposals about the Newfoundland fishery to our representatives in 
Parliament, Sir Joseph Hern and William Hayne, Esq., and we 
have written to the former to attend you. Signed, Thomas Floud, 
mayor. J p. Endorsed, Reed. Read, 9 Jan., 1696-7. [Board of 
Trade. Newfoundland, 3. No. 20.] 

Jan. 4. 559. Journal of Council of Trade and Plantations. Mr. 
Bridgeman's letter as to the departure of the convoys for the 
West Indies read. Order for the Agents of Jamaica and the 
Leeward Islands to attend on Wednesday next. 

Major-General Winthrop presented the Attorney General's 
opinion as to the dispute between Rhode Island and Connecticut 
as to Narragansett Bay. Order for the records bearing on the 
question to be searched. 

The Lord Keeper sending word that he could attend on Thursday 
next on the business of Newfoundland, the Secretary was instructed 
to summon the other great officers of the Council to be present 
also. 

The Deputy Governor of Hudson's Bay and Mons. de la Forest 
attended with their Counsel, and the case between them was heard. 
Summary of the arguments of Counsel. The Council agreed as 
to its representation thereon. The Secretary was instructed to 
write to the Hudson's Bay Company as to the use to be made of 
their article relating to the year 1688. [Board oj Trade. 
Journal, 9. pp. 320-326.] 

[Jan. 4.] 560. A collection of depositions and other papers relating to 
the infringement of the Articles upon the surrender of York Fort, 
Hudson's Bay, to the French in 1694. 

560. i. Affidavit of Philip Parsons, merchant of Exeter. In 
1694 I was Deputy-Governor and Captain of the soldiers 
in York Fort, Hudson's Bay. Two French men-of-war 
came before the place, landed 300 men, and besieged 
the fort, in which were only fifty-three persons. After 
eighteen days' siege we were obliged to capitulate, and 
on 4 October we surrendered the fort to the French on 
honourable terms, of which the following in particular 
were broken. (1) It was agreed that the besieged should 
receive provisions and necessaries equal to those supplied 
to the besiegers. We had not half so much in any kind; 
often no bread at all for weeks, and sometimes no bread 
at all except made of malt, which gave the men flux, and 
was like to have killed many of them, though only one 
died. (2) The officers and garrison were to have 
wintered in a house called Fox Hall within the fort, but 
in two or three days they were dispersed in small parties 
into the woods to build houses for shelter from the 
weather, which was then excessive cold, and only four 
officers and a boy remained in the fort. (3) The besieged 
were to have kept their arms and all their private goods, 



292 COLONIAL PAPERS. 

1697. 

but the besiegers took away their arms, clothes and 
bedding, and gave them what they pleased in provisions 
in lieu thereof. (4) The besieged were to be treated 
without offence or injury, but many of the men were 
cruelly beaten by the French, and others had their 
fingers burned in tobacco-pipes by the Indians. (5) 
The besieged were to be transported to England by first 
opportunity; they were taken to Rochelle, where one of 
them, being unable to travel, was left and has not since 
been heard of, while the rest of us were conducted to 
Dinant, where the French detained us contrary to the 
capitulation for over three months, imprisoned several 
of the English and dealt with them as prisoners of war. 
Their usage of them was so cruel that five or six died at 
Dinant, and 011 the journey from Roehelle, 180 miles, 
the French guards refused to provide carriages for the 
lame and sick, who were obliged to throw away their 
clothes to make their journey on foot the easier. 
Shortly after arriving at Dinant I complained to the 
Commissary of War at St. Malo and sent him copy of 
the capitulation, who only answered that he would take 
care shortly to transport us to England, but that the 
difference about the cartel prevented his doing so at 
once, pretending that the Prince of Orange would allow 
no French ships to come from England. I offered to 
buy a ship at my own charge to transport us, but the 
Commissary refused, and we were detained as aforesaid. 
During our detention many of the prisoners were put 
to great expense, and had I not borrowed 181 from 
Mr. Abraham Duport of Roehelle I and the rest should 
probably have perished, the French allowance being 
very bad and so small as hardly to suffice to sustain 
nature. Sworn, 26 December, 1696. Copy. 3J pp. 
Endorsed, Reed. Read 4 Jan., 1696-7. Delivered to 
the Clerks of Council, 16 Feb., 1696-7. 

560. n. Deposition of James Hubbald. As to hearing from 
Henry Pigott and William Clarke of their bad treatment 
in York Fort, and advising them to make complaint. 
They answered that they would not speak what they 
knew to the Hudson's Bay Company, believing that 
the Company would not gratify them for so doing. 
Deponent urged that it was their duty, whereupon Pigott 
answered that he believed that they could give the 
matter in dispute for or against the Company as they 
pleased. Sworn, 2 Jan. 1696-7. 1 p. Endorsed as 
No. i. 

560. in. Deposition of Mary Davis. To the effect that she 
had heard from Thomas Jacobs, who was one of the 
prisoners tal^n in York Fort, of their ill-treatment by 
the French in Hudson's Bay, in the voyage to Roehelle 
and afterwards, as detailed in No. i. 2 pp. Endorsed 
as No. i. 



AMERICA AND WEST INDIES. 293 

1697. 

560. iv. Depositions of Michael Grimniington. Confirming 
the story of Mary Davis, with whom he saw Thomas 
Jacobs and heard the narrative of his ill-treatment by 
the French, who even tortured him to make him confess 
where his books and papers were. Sworn, 2 Jan. 
1696-7. 1 p. Same endorsement. 

560. v. Deposition of William Potter, Secretary to the 
Hudson's Bay Company. The French by seizing our 
forts, burning our houses and taking our ships have in 
time of peace done us damage to the amount of 
105,000, of which 50,000 was done in 1686 and 1687. 
Our trading goods in York Fort at the time of its 
capture cost us 18,000, and the French lived on our 
provisions and traded with these goods for two years. 
In 1695 the French returned their receipts at 55,000 
skins, being part of that which they have gained with 
our goods. I was told of the harsh treatment of the 
prisoners taken by the French in 1694. Some of them 
are dead, some serving in the King's Navy, and some 
are gone back to Hudson's Bay, but I believe that of 
the 53 persons in the Fort not 30 are living, owing to 
their ill-treatment. Our expedition of 1696 to retake 
York Fort cost us 15,000, and we have had no returns 
from the Bay in 1695 or 1696. The skins bought from 
the Bay this year cost us in customs and expenses 
1,500, and the Committee of the Company could sell 
them all for 7,000. I believe the total damage done 
to us by the French exceeds 200,000. 1% pp. Same 
endorsement. Entered in Board of Trade. Hudson's 
Bay, 3. pp. 27-29. 

560. vi. The case of the Hudson's Bay Company of England 
against the Canada Company of France. The Hudson's 
Bay Company has suffered much damage by the French 
in peace as well as in war. In 1682 they invaded our 
territories at Port Nelson, burned our factories, seized 
our goods and carried off our servants. Damage 
reckoned at 25,000. In 1684 they again attempted 
, Port Nelson, doing us damage reckoned at 10,000. 
In 1685 they took one of our ships ; damage reckoned 
at 5,000. In 1686 they destroyed three of our 
factories and three of our ships, turning our people, 
over fifty persons, adrift in an open boat whereby many 
perished ; damage reckoned at 50,000. The Company 
applied to King Charles II. for relief, who instructed his 
Ambassador in France accordingly, but meanwhile 
the Treaty of Neutrality was agreed to in 1686, whereby 
the Company was excluded. In 1688 the French again 
attacked our factories, which capitulated after a brave 
defence ; but the French broke the articles, put many 
of the people on a small vessel with so few provisions 
that they were obliged to put in to Canada and take 
service with the French ; damage reckoned at 15,000. 
Lastly they attacked Fort York in 1694, which 



294 COLONIAL PAPERS. 

1697. 

surrendered on terms ; but the terms were violated. 
The King being sensible of the sufferings of the 
Company ordered two of his frigates to accompany two 
of the Company's frigates to retake Fort York, when 
Captain William Allen, a King's officer, signed a pre- 
tended treaty with them and took the whole of the furs 
for himself instead of giving them up to the Company's 
commander, as his instructions directed him. The furs 
so encumbered his guns that, meeting with a French 
ship on the voyage home, Captain Allen's ship was 
nearly lost and he himself was killed. The King, how- 
ever, directed the furs to be restored to us. Even if 
the French had not violated the capitulation of 1694 
and Captain Allen's articles had been regular, the 
Company would still have a claim for reprisals for the 
damage done by the French in 1688. The French 
prisoners captured by us have been well treated, 
whereas our prisoners captured by them were 
barbarously treated. 4 pp. Same endorsement. 
560. vn. Defence of Mons. de la Forest, addressed to the 
Council of Trade and Plantations, 4 January, 1696-7. 
I believe that the justice of my case against the Hudson's 
Bay Company has been already made evident, but I will 
add the following remarks. (1) The treaty made by 
Mons. d'Iberville at the taking of York Fort in 1694 was 
made not with each particular soldier, but with the 
Commander, Thomas Walsh, who testifies that it was 
kept. I do not therefore feel bound to answer the 
frivolous objections of individuals. (2) It is absurd to 
contend that Captain Allen had no power by his 
instructions to make articles of capitulation or that the 
King would not hold that such capitulation should not 
be observed. Men who surrender cannot examine 
whether those who accept their submission have 
instructions to do so or not. (3) Injuries alleged by 
the Hudson's Bay Company to have been done before 
the war have nothing to do with the present affair. 
Treaties made during hostilities have always been held 
sacred. (4) None of the Company's witnesses have 
appeared, to be cross-examined by us. (5) The 
depositions were very long, yet the witnesses were too 
illiterate to sign them. It is easy to dictate a story to 
such men. (6) One of the witnesses was a child when 
York Fort was taken, and might be influenced by 
enticements or threats. (7) Another witness is a 
surgeon still in the Company's service, whose evidence 
may well be interested. (8) Being a stranger I am 
under great disadvantages owing to the absence of 
many witnesses, and their dread of being ill-treated by 
the influence -*f the Company. (9) The whole of their 
evidence shews nothing but private injuries by man to 
man. Captain Walsh testifies that Mons. d'Iberville 
observed the treaty. That some of the men may have 



AMERICA AND WEST INDIES. 295 

1697. 

quarrelled with the French soldiers is likely enough. 
As to the torturing of Jacobs, if a Commander discovers 
a conspiracy against him, he is right and it is his duty 
to take measures for his own preservation. (10) We 
desire that our witnesses may be examined as to 
whether they have at any time been tampered with by 
any of us or by any authorised by us. (11) The 
Company seems to have little regard to the consequences 
of the breach of faith which they urge. I beg you, to 
come to a speedy issue, and to discharge us, with our 
goods and compensation for the damage done to us, 
from the Plymouth prison to France. Signed, De la 
Forest. 5^ pp. Same endorsement. [Board of Trade. 
Hudson's Bay, 2. A T o. 5 i.-vn.] 

Jan. 4. 561. Philip Parsons to Mons. Duport. In answer to your 

Exeter. two letters take notice that Welch and Jacobs have signed an 
affidavit with some of our men. In some things I think them 
impartial, but not in all. Had I made no more application than Mr. 
Walsh did I could willingly have given my affidavit too, but I must 
tell you that your letters came too late. I have given my evidence 
on the other side, though I would not have done it had I not more 
reason than the rest of them. What I have said is no more than 
the mere truth, and though Mr. Walsh says that the French did 
not break their articles he may remember that it would not have 
cost him, but me, 200, if they had kept them. The Commissary 
at St. Malo pretended that he would send us home but delayed it, 
and refused even to let me buy a vessel, for no reason, I presume, 
but that I did not grease his fist. This is the most material 
point I have sworn to, and I should be glad for the saddle 
to be put on the right horse. Had I known you had espoused 
de la Forest's side I should have held my tongue ; and 
indeed the articles would have been better performed by 
the French had they sent us immediately to Rochelle instead 
of giving us up to a couple of villains who took us to Dinant 
and would have treated us like ordinary prisoners but for your 
brother. One or two of the men lay in prison all the while and 
another was left at Rochelle, so you may judge if Mons. d'Iberville 
gave due orders about us. If he did I must blame the Commissary 
who, I am apt to believe, was most in fault. Mr. Walsh saw the 
letter nay it was directed to him wherein he promised to send 
us home in a little time, but was no better than I have already 
said. I wish with all my heart that if M. de la Forest does suffer he 
could gain satisfaction from the Commissary. I would give him 
my affidavit that what I have said is the truth. It was much more 
my interest that M. de la Forest should obtain some satisfaction, 
for then I might expect some amends for my expenses. If your 
letter had reached me first I should have left undone what I have 
done, and I should have sent you an impartial affidavit in M. de la 
Forest's favour, as this is that I now send. I hope that, if I am 
called to London, as I fear that I shall be, it will appear to be so. 
Copy. 1J pp. Endorsed, Reed. Read, 11 Jan., 1696-7. [Board 
of Trade. Hudson's Bay, 2. No. 6 ; and 8. pp. 88-85.] 



296 



COLONIAL PAPERS. 



1697. 
Jan. 4. 
Admiralty 

Office. 



Jan. 5. 

Whitehall. 



Jan. 5. 



Jan. 6. 



Jan. 6. 



Jan. 7. 



562. William Bridgeman to William Popple. The King last 
night ordered that the convoys bound to Jamaica and the 
Leeward Islands should proceed forthwith on their voyages with 
the merchant ships now ready bound thither, also that an hundred 
seamen should be sent by the convoy to Jamaica for supply of his 
Majesty's ships at that island. Signed, Wm. Bridgeman. p. 
Endorsed, Reed. Read 4 Jan., 1696-7. [Board of Trade. Planta- 
tions General, 4. No. 26.] 

563. William Popple to the Hudson's Bay Company. 
Asking if they wish the complaints, embodied in their case, against 
the French for their aggression in 1688 to be used in the Council 
of Trade's report on their case, for their defence and for a motive 
of present reprisals. [Board of Trade. Hudson's Bay, 8. 
pp. 30-31.] 

564. Minutes of Council of Barbados. The members of the 
new Assembly were returned and sworn. Two doubtful elections 
were returned to the Assembly for determination. Thomas 
Maxwell was presented and approved as speaker. 

Ordered that for the future no Colonel of Militia be made judge 
in the precinct wherein his regiment lies. Four new justices were 
added to the Commission of the Peace. The Assembly came in and 
having decided the two dubious elections returned four members 
who were sworn. [Board of Trade. Barbados, 65. pp. 174-176.] 

565. Journal of Council of Trade and Plantations. The 
Agents and Merchants of the Leeward Islands attended and reported 
as to the readiness of their ships to sail. Mr. Gary asked that the 
laws of the Leeward Islands should be sent to the Clerks of Council 
for the royal confirmation, and order was given accordingly. 

The Secretary produced a letter to Mons. de la Forest, signed 
Hebert (No. 568), and was ordered to write to the Commissioners 
of Sick and Wounded as to the M. de Lagny therein mentioned. 

Mr. Thornburgh attended on the business of the Bahama Islands, 
and promised to see that Governor Webb gave the security required 
on assuming the government. 

The Jamaica merchants attended, and said that they had already 
seen Mr. Bridgeman, and given information as to their convoy. They 
reported that they had as yet been able to do little in the matter of 
obtaining men to transport to Jamaica, and doubted whether in the 
present scarcity of money 500 could be had so soon from the 
Treasury. The Council suggested that there was a larger sum 
lying ready at Jamaica which might be assigned them ; but the 
merchants in reply doubted whether they could find anyone willing 
to advance the money here. They then delivered copy of an order 
of Captain Kirkby, to shew the little respect shewn by Captains of 
the Royal Navy to the King's Governors. The Secretary was 
instructed to ascertain whether the two fire-ships appointed to go 
with the convoy were ready. 

A report from the Adjniralty about a naval officer and fresh 
provisions for the seameri*bf the King's navy at Jamaica was read. 
The Council, considering the state of Jamaica and the preparation 
of a squadron at Brest, agreed that it may be proper to represent to 



AMERICA AND WEST INDIES. 



297 



1G97. 

the King that a squadron from hence might be useful in acting 
offensively even if the Brest squadron should not proceed. 

The business of Newfoundland was then considered, and the 
heads of a representation agreed upon. 

The Agents of New York attended on the business of the Indians 
at Plymouth. They then delivered a memorial of several matters 
required at New York, and received notice of the matters brought 
forward by Mr. Leisler and Mr. Gouverneur. 

The Barbados Agents were warned to attend to-morrow. 

Mr. Shadrach Walton presented his petition (No. 570) which 
the Council resolved to consider, together with the whole state of 
New Hampshire. 

Jan. 8. The Secretary communicated extract of a letter from Mons. de 
Lagny (A T o. 573). Order for copies to be sent to Mr. Tucker and 
the Hudson's Bay Company. Letter from Mr. Potter, of this day's 
date read (No. 574). Resolved that the representation as to 
Hudson's Bay be prepared to-morrow. 

Mr. Bridgeman's letter of 6 January as to fire-ships for Jamaica 
read. 

Order for a letter to be written to Mr. Bridgernan as to the 
Barbados convoy (sec No. 575). Mr. Bridges attended and gave 
information as to the convoy, but doubted whether the stores 
ordered by the king would be ready in time enough. The Secre- 
tary was ordered to write to the Board of Ordnance on the subject. 

Jacob Leisler, Abraham Gouverneur and the three lieutenants 
from New York attended. The two former were directed to put 
their complaints in writing and the three latter to re-write their 
complaints in due form, so that they may be submitted to Governor 
Fletcher's Agents. 

The Council then considered of a treaty of commerce with France. 

Jan. 9. The Secretary reported that he had sent the laws of the Leeward 

Islands to the Privy Council Office, and had addressed Mr. Tucker 

and Mr. Vernon for papers relating to a treaty with commerce. 

Letter from the Mayor of Dartmouth of 4th inst. as to New- 
foundland read (No. 558). 

Mr. Bridgeman's letter of this day as to the West Indian 
convoys read. 

On a letter from a Clerk of the Council, summonses were issued 
for the hearing of the cause respecting erection of Admiralty 
Courts in the Plantations on Thursday next. [Board oj Trade. 
Journal, 9. pp. 327-340.] 

Jan. 6. 566. William Bridgeman to William Popple. In reply to 
Admiralty, your letter of this day, one of the fireships intended for Jamaica is 

already in the Downs, and the other is in the river taking in her 

stores, from whence she will sail in two or three days to the Nore. 

to be manned and thence to the Downs. Signed, Wm. Bridgeman. 

J p. Endorsed, Reed., 7th, read, 8th Jan., 1696-7. [Board of 

Trade. Jamaica, 8. No. 42 ; and 56. p. 68.] 

Jan. 6. 567. Report of the Lords of the Admiralty. On the pro- 
Admiralty, posal of the Council of Trade that the inconveniences arising from 
the impressment of seamen in the Colonies may be avoided by 



298 COLONIAL PAPERS. 

1697. 

sending out supernumerary seamen in the merchant-ships, we 
directed the Navy Board to consult several of the masters of 
merchant-ships bound to the Plantations. Their report is annexed, 
from which it will be seen that so far from carrying these seamen 
gratis, they not only refuse to victual them, but insist upon forty 
shillings a head for their freight. This will be an extraordinary 
charge and will otherwise be inconvenient, for the men, being 
pressed men, will desert the merchant-ships at the first opportunity, 
whereby the service abroad will receive no benefit. We are there- 
fore not in favour of the scheme. Signed, E. Russell, R. Rich, G. 
Rooke, J. Houblon, J. Kendall. Copy. 1 p. Annexed, 

567. i. The Navy Board to the Admiralty, 18 December, 1696. 
We send the answer from the masters of six ships whom 
we have asked for their terms for carrying out seamen 
for the King's ships in the West Indies. Here follows 
copy of the answer, stating that the masters will trans- 
port the soldiers (sic) if provisions and necessaries are 
put on board for them, and forty shillings a head be 
paid for them. Copy. 1 p. The ichole endorsed, Reed. 
22, read 23 Jan., 1696-7. [Board of Trade. Jamaica, 8. 
Nos. 43, 43 i. ; and 56. pp. 69-70.] 

[Jan. 6.] 568. Copy of a letter from Mons. A. Hebert to Mons. de la 
Forest. Paris, 31 December, 1696. As soon as I received your 
letter I sent M. de Lagny his packet, who says that it has arrived 
very opportunely, having had no answer from the English Com- 
missioners as to reparation for the treacherous violation of the 
capitulation of Fort Bourbon. He was ready to begin reprisals on 
the English now in France and is sending all the papers to 
Versailles for orders, of which, it seems, he will give you informa- 
tion by first opportunity. I shall wait upon him frequently, to see 
that he follows the matter up closely. French. \ p. Endorsed, 
Reed. Read, 6 Jan., 1696-7. [Board of Trade. Hudson's Bay, 2. 
No. 7.] 

[Jan. 7.] 569. Memorial of the Hudson's Bay Company. The Com- 
pany has represented the usefulness of their trade to the Kingdom 
and that if it were destroyed, the French would be sole masters of 
the fur-trade in America, which, besides the loss of export of 
English manufactures, would raise the price of furs to four times 
the Company's rate. Thus beaver was sold for 40s. per Ib. which, 
the Company now sells at 7s. or less. The French have made 
many attempts to ruin the Company by unprovoked attacks in time 
of peace. Almost every year in succession since 1680 they have 
with an armed force seized its forts, burned its ships, carried 
off its goods, and by detaining its servants here forced them to 
renounce their religion, to say nothing of great barbarities already 
narrated elsewhere. Altogether the Company's loss is reckoned at 
200,000, and in the late reign the King promised relief; but 
during the negotiation by the interest of the Jesuits (who have 
the sole benefit of the -Reaver-trade in France) a secret Treaty of 
Neutrality was concluded in London, whereby the Company's 
demands were excluded. Yet notwithstanding this Treaty the 
French in 1687 and 1688 committed if possible worse aggression 



AMEEICA AND WEST INDIES. 299 

1697. 

than before, which was one of the grounds on which the present 
King declared war. In 1694 the French attacked York Fort, 
which surrendered upon articles which, by the oath of the Deputy- 
Governor and five other persons, were perfidiously violated. It is 
proved that of 58 persons in the fort only 30 survived the ill- 
treatment of the French ; yet nothing is offered against this but 
the equivocating affidavit of four persons who have espoused the 
French interest against that of their own country. The retaking of 
the fort in 1696 cost the Company 15,000. It has had no returns 
for two years, nor can hope for any for another year. The little that 
it has is but the remaining product of its own goods. The French 
made 55,000 beaver skins by trading with our goods in 1695, and 
they know that if they can deprive the Company of these goods 
they can deal it an irrecoverable wound. Captain Allen plainly 
assumed a power not entrusted to him nor intended for him, and 
he has justly suffered for it ; but the Company has never done the 
least injury to the French, and the French have in writing 
acknowledged its civilities to them. The Company is advised and 
insists that by its legal following of the King's grant, and by the 
frequent breaches of faith on the part of the French, it is justly 
entitled to their goods, which do not amount to a fortieth part of 
what the French have taken from them. If the French think to 
gain their demands in such a case as this, they may just as well 
demand the Company's charter. 2 pp. Somewhat damaged. 
Endorsed, Sent to Wplliam] P[opple] under a blank cover. 
Kecd. 7 Jan. 1696-7. [Board of Trade. Hudson's Bay, 2. 
No. 8.] 

Jan. 7. 570. Petition of Shadrach Walton to Council of Trade and 

Plantations. For four years past I have been commander of Fort 
William and Mary at Newcastle in Piscataqua River, wherein are 
thirty-two guns and no want of stores. But there are few or no 
men to defend it, because they are forced to be on out-garrisons, 
watching the Indians, by which fatigue besides the fear and hazard 
of the French, the Government without some speedy assistance 
will be ruined and lost. In the greatest necessity not above forty 
or fifty men can be got in four hours' time for defence of the 
fort and town, and there is advice that the French will attack it 
next spring, as they designed last spring, but were then prevented. 
Three years before, I commanded a company against the Indians, 
and was always in action hi the out-posts of the country, for which 
I received no pay nor encouragement, though I was wounded 
several times to my own great expense for cure. I spent most of my 
estate in the service of these parts, and am now, by the Governor's 
advice, come home at my own expense to lay the above before you. 
I beg that men may be sent to man the fort, that I may have a 
Commission to command the fort and the town and militia, and 
that I may have some allowance for my expenses. J p. Endorsed, 
Reed. Read, 7 Jan., 1696-7. [Board oj Trade. New England, 8. 
No. 56.] 

Jan. 7. 571. Extract of a letter from John Taylor. Having the 
contract to supply the navy with masts, etc., from New England, I 
think it my duty to acquaint you that the last ships bring accounts 



300 COLONIAL PAPERS. 

1697. 

of great danger hanging over New Hampshire owing to the inability 
of the inhabitants to defend themselves against the Indians, who 
are joined by the French. It is by this province that the King is 
supplied with masts, etc., and this trade will certainly be lost unless 
soldiers are sent out there this spring and placed under command 
of some person experienced in Indian fighting. The colony was 
attacked this summer by the French, whose design was upon 
Piscataqua, where the masts were loaden, but they were prevented by 
the seasonable arrival of the mast-ships with their convoy, other- 
wise the masts had been destroyed for want of men to use the guns 
which are planted in a good fort towards the sea. Pray represent this 
to the King. 1 p. Endorsed, Enclosed in Mr. Tucker's letter of 
llth and read, 14 Jan. 1696-7. [Board oj Trade. New England, 8.' 
No. 57.] 

Jan. 7. 572. Memorial of the Agents for New York to Council of 
Trade and Plantations. We were sent by the Governor, Council 
and Assembly to represent to you the state of the country, and to 
ask for further assistance against the French, and accordingly we 
have made several proposals for that purpose, whereupon divers 
orders have been given by you for strengthening New York against 
the French. But no directions have yet been given on the follow- 
ing heads, viz.: (1) That clothes and necessaries may be yearly 
sent over as presents to the Five Nations to encourage them against 
the French. (2) That the garrison of Albany and the adjacent 
posts be increased to one thousand men. (3) That a regular fort 
may be built at Albany at the King's charge and other fortifications 
at Senectady, Canestagione, the Half-moon, the Mill and the Flats. 
(4) That a strong fort and a good settlement may be erected in 
some convenient place near the Lakes. (5) That orders may be 
given for a yearly recruit of men and stores during the war. 
(6) That some hardy youths of good natural parts and well under- 
standing grammar may be sent over to reside among the Indians 
and learn their language. (7) That some English clergy may be 
encouraged to dwell some time among the Indians to endeavour 
their conversion to the Protestant religion. (8) That the pay of 
the King's soldiers may be increased to sterling money. Signed, 
Chid. Brooke; W. Nicoll. [Board of Trade. New York, 7. No. 1; 
and 52. pp. 66, 67.] 

[Jan. 8.] 573. Extract from a letter from M. de Lagny to the Commis- 
sioners for the Exchange of Prisoners. Paris, January, 1697. We 
have information from some of the French who were at Fort Bourbon 
in Hudson's Bay, when it was recaptured by the English some months 
ago, that M. de la Forest and his garrison had agreed to capitulate 
with the honours of war and on condition that they should be 
conducted to Placentia, but that nevertheless the English had 
detained the two guns allowed to them, carried M. de la Forest and 
his garrison to England and plundered them of all their effects and 
merchandise. I am tcfSpdemand satisfaction for this iniquitous 
proceeding, and for the restoration of the guns and other goods. 
French. f p. Endorsed, Reed. Read, 8 Jan. 1696-7. [Board of 
Trade. Hudson's Bay, 2. No. 9 ; and 3. pp. 32-33.] 



AMERICA AND WEST INDIES. 



801 



1697. 

Jan. 8. 574. Secretary of the Hudson's Bay Company to William Popple. 
Hudson's Bay j wag ordered by my committee to send you a state of the Hudson's 
Bay Company (see No. 569) and hope that you received it yesterday. 
The Company desires that it may be read at the next Board, and 
hopes that it will give the Council of Trade all the satisfaction 
imaginable, for there is nothing but the truth therein. Kindly let 
me know when your representation will be ready that the Company 
may have a sight thereof. Signed, Wm. Potter. ;;. Endorsed, 
Eecd. Bead, 8 Jan. 1696-7. [Board of Trade. Hudson's Bay, 2. 
No. 10.] 

Jan. 8. 575. William Popple to William Bridgeman. The Council 
Whitehall, of Trade has received your letter of 4th inst. (No. 562) respecting 
the convoys to Jamaica and the Leeward Islands, and conceives it 
to be intended that they may hasten the merchants to have their 
ships ready for those parts. There is, however, no mention of the 
Barbados convoy, which leaves it uncertain whether the several 
convoys to Jamaica, Barbados and the Leeward Islands are to sail 
together or apart. I am therefore to ask what are the resolutions 
of the Admiralty herein, that the merchants may receive instruc- 
tions accordingly, and whether any additional convoy be intended 
beyond the number of ships directed by the Order in Council of 
22 October, 1696. [Board of Trade. Barbados, 44. p. 41.] 

Jan. 9. 576. J. Pulteney to William Popple. Yours of the 8th was 
St. James's, laid before the Board of Ordnance this morning. The stores are 
provided and engineers are appointed for Barbados as for other 
places, according to the Orders in Council, and will be ready to go 
as soon as we can get money from the Treasury to equip them for 
their respective voyages. The Master General will take care that 
an able Master-Gunner be sent to Barbados. Signed, J. Pulteney. 
$p. Endorsed, Eecd. Read, 11 Jan., 1696-7. '[Board oj Trade. 
Barbados, 7. A T o. 25 ; and 44. pp. 42-43.] 

577. William Bridgeman to William Popple. In reply to 
your letter of yesterday I am to inform you that, pursuant to the 
King's orders, all such of the convoy bound to Barbados, Jamaica 
and the Leeward Islands as are ready to sail shall now proceed 
thither with the merchant-ships that are ready to go with them and 
shall be strengthened by the addition of some other men-of-war. 
The rest of the trade 'which may happen to be left behind will be 
convoyed by their proper convoy to be appointed for them. Signed, 
Wm. Bridgeman. f p. [Board of Trade. Plantations General, 4. 
No. 27 ; and Board oj Trade. Barbados, 44. p. 42.] 

Jan. 9. 578. The Mayor of Bristol to William Popple. The mer- 
Bristol. chants here thank you for your letter of the 2nd inst. Our ships 
shall be ready by the appointed time. I am requested to ask you 
to lay before the Council of Trade the condition of Newfoundland, 
where our merchants have suffered so great losses, and that they will 
think of a way to protect the inhabitants and the ships. Signed, 
John Hine, Mayor. p. Endorsed, Reed. Read, 11 Jan., 1696-7. 
[Board of Trade. Newfoundland, 3. No, 21.] 



Jan. 9. 

Admiralty 
Office. 



302 COLONIAL PAPERS. 



1697. 

Jan. 11. 579. Journal of Council of Trade and Plantations. Mr. 
Pulteney's letter of -9th inst. as to stores for Barbados read 
(No. 576). This letter and Mr. Bridgeman's of the 9th inst. were 
communicated to the Barbados merchants who were in attendance. 

A letter from Mr. Parsons, late Governor of York Fort, Hudson's 
Bay, was read, tending to lessen the strength of his own former 
affidavit. The report on the whole affair of Hudson's Bay was 
agreed on, and the various parties were told that they might call 
upon the Secretary for a sight of it. 

Mr. John Hine's letter of the 9th read, as to Newfoundland. 

The Treaty of Commerce considered. [Board oj Trade. 
Journal, 9. pp. 341-343.] 

Jan. 12. 580. Richard Usticke to William Popple. I have written 
Bideford. ftie melancholy story of the loss of Newfoundland by this post to 
Mr. Blathwayt. The merchants beg that all letters relating to 
their concerns may be addressed to me, to whom they all come 
daily on business. The reason is, that your last letter to the Mayor 
was never communicated to the merchants, nor did they know 
that he had received it until they heard that the Mayor of Exeter 
had received the like letter, " when our worshipful confessed but 
it was mislaid. Luna at times is a little predominant, the more 
the pity, as he is unconcerned in the adventuring trade." Signed, 
Richd. Dsticke. 1 p. [Board of Trade. Newfoundland, 3. 
No. 22.] 

Jan. 12. 581. Minutes of Council of Barbados. Charles Collins 
appointed Chief Judge of St. Michael's Precinct Court in lieu of 
Robert Bishop, displaced on account of bodily infirmity, of his 
being appointed without consent of Council and of his holdiag a 
Commission in Major Garth's regiment. John Hooker also was 
made Judge of Hole Precinct Court in place of Jonathan Langley, 
removed for neglect of duty, lack of experience, improper appoint- 
ment, and because he holds a commission in Garth's regiment. 
John Maddock and Colonel Waterman appointed Judges for 
Speightstown and Scotland respectively. 

Jan. 13. Captain Julius of H.M. ship Virgin (prize) asked for leave to go 
to Antigua to make good defects, and for money to pay for the 
same. Leave was granted, and the Treasurer was ordered to lend 
him 30. Two small accounts for disbursements on the public 
service passed. [Board of Trade. Barbados, 65. pp. 176-178.] 

Jan. 13. 582. Journal of Council of Trade and Plantations. The 
Secretary reporting that the Hudson's Bay Company objected to 
the representation in the matter, it was ordered that the report be 
reviewed and enlarged, according to the paper presented by the 
Secretary of the Company. (No. 584.) 

The Agents of the Leeward Islands presented a memorial as to 
St. Christophers (No. 585) which was ordered to be sent to Mr. 
Secretary Trumbull. -^ 

Mr. Thornburgh attended together with Captain Webb, by order 
of the Proprietors of the Bahamas. The Council on their with- 
drawing made several enquiries of them, of which they could not 



AMERICA AND WEST INDIES. 303 

1697. 

answer all for want of instructions. The Secretary was therefore 
instructed to send them the queries in writing. 

Jan. 14. The Secretary's letter of this date giving the queries of the 
Council as to the Bahamas was read and despatched. (See No. 588.) 

Mr. Cole and Mr. Merret presented copies of several documents 
(No. 586) relating to Newfoundland, and desired that speedy 
measures might he taken for the re-establishment of that trade. 
A representation on the subject was agreed upon and signed. 

Mr. Clark, Governor of the Hudson's Bay Company, proposed 
some alterations in the Council's report. The Council assured 
him that it should be done with all possible fairness. The Secretary 
was ordered to write to the Hudson's Bay Company to ascertain 
what places of theirs the French have taken during or before the 
present war. A copy of M. de Lagny's last letter and a letter 
concerning the danger to New England from French and Indians 
were deferred for further consideration. 

Jan. 15. In view of the pressure of business the Council resolved to 
distribute it as follows: the business of Virginia and Maryland to 
Sir Philip Meadows ; that of Barbados, Jamaica and the Leeward 
Islands to Mr. Blathwayt, or in his absence, to Mr. Locke ; that of 
Proprietary and Charter Colonies and of Bermuda to Mr. Pollexfen ; 
that of New England, Newfoundland, and New York to Mr. Hill. 

The final report as to M. de la Forest's dispute with the 
Hudson's Bay Company was signed and ordered to be sent to 
Mr. Secretary Trumbull. 

The Jamaica merchants reported that they could not prevail with 
any to go to Jamaica except a few poor families of more women and 
children than men, who would not serve their end, and therefore 
were quite at a loss at present. They said that the ships only 
waited for convoy and spoke of the danger of capture that our ships 
run in the Gulf of Florida. 

On the application of Mr. Neale the Council consented to send a 
draft Post Office Act, prepared some time since, to Massachusetts. 

Letter written to Mr. Secretary Trumbull about the report that 
was prepared as to Newfoundland if the Council had sat, with the 
papers communicated yesterday by Mr. Cole enclosed. [Board oj 
Trade. Journal, 9. pp. 343-352.] 

Jan. 13. 583. Council of 'Trade and Plantations to the King. In 
Whitehall, obedience to your Order in Council of 12 November last, on the 
petitions of the West Country Merchants relating to Newfoundland, 
we report as follows. The trade of Newfoundland is of very great 
importance to the Kingdom, employing numbers of poor people in 
the West of England in making nets. The exports to it are all 
English produce except salt ; the imports from it are not only the 
bare returns of what is carried out, but the fruit of all the labour 
employed therein, while the employment of numbers of ships and 
seamen increases the naval strength of the country. To recover 
and preserve it, we recommend that besides the convoy already 
appointed for the salt ships at the end of the month, four frigates 
(two at Plymouth and two at Milford) be appointed for the fishing- 
ships at the end of February, and two more (at Plymouth and 
Milford) for the salt-ships at the beginning of June. These convoys, 



804 COLONIAL PAPERS. 

1697. 

while they remain at Newfoundland, should be ordered to cruise for 
the security of the fishing-fleet or to annoy the enemy, and should 
at the end of the season escort the ships to their markets. Besides 
the fishing-ships that resort thither annually, planters are con- 
venient to preserve the boats, oars, stages, etc., and, in time of war, 
to protect the ports. But the number of these inhabitants left 
there during the winter should be limited to 1,000, lest by the 
increase of their numbers they engross the fishery to themselves, 
to the prejudice of our navigation. The French have already so 
fortified themselves in the Island, and seem so intent on the improve- 
ment of their interests there that the planters cannot suffice to 
protect our part. In order therefore to establish some military 
force by land to protect the harbours from such attacks as that 
made upon Ferryland, last summer, we think that little forts or 
redoubts should be built, two at St. Johns, one at Ferryland, and 
one at Fermouse, and that an engineer should be sent out for the 
purpose. We think that at least three companies of soldiers are 
necessary during the war for defence of these places; and since 
some think that a general Governor would be too great an encourage- 
ment to the planters, to the obstruction of the fishery, we think 
that each captain should command separately in each place, and 
have no power over the fishermen and planters except in case of 
actual invasion. Lastly we recommend that all suitable encourage- 
ment should be given to the inhabitants of Ferryland now residing 
at Appledore, Devon, for their relief and re-establishment. Signed, 
J. Bridgewater, Ph. Meadows, Win. Blathwayt, Juo. Pollexfen, Abr. 
Hill. Memo. This was not presented. [Board of Trade. New- 
foundland, 25. pp. 58-61.] 

Jan. 13. 584. Paper of objections offered by the Hudson's Bay 
Company on the first draft of the report upon their difference 
with Mons. de la Forest. The above draft was read to us, but a 
copy was not allowed to us ; but so far as we remember, everything 
of advantage to the French was represented on their behalf, and 
many matters proved by the Company omitted. (1) The articles 
of 1694 are imperfectly recited and most favourably for the French, 
as Mr. Walsh's articles. We produced them in French, signed by 
M. d'Iberville, which language Mr. Walsh does not understand. 
(2) Captain Parsons's affidavit alone is cited by name and then 
five other deponents omitted, though proving the breach of every 
article by the French. The affidavits of Grimmington, Mary Davis, 
and William Potter are also omitted, nor does the report say that 
the French broke their articles, which expression appears in all the 
affidavits. Yet all the French affidavits are cited by name, Thomas 
Walsh's in particular, and it is asserted that the French kept their" 
articles. (3) The affidavits of Grimmington, Hubbald and Mary 
Davis are unnoticed, though they disprove those of Thomas Jacobs, 
Pigott, and William Clarke. (4) No notice is taken of the Treaty 
of Neutrality of 1686, nor of the 12th Article which gives reprisal 
and restitution on pelions and goods to the Company in case of 
injury received. The Company's losses in 1687 and 1688 are also 
unnoticed, though fully proved. (5) No notice is taken of the 
18,000 of goods taken from us by the French in 1694, nor of the 



AMERICA AND WEST INDIES. 305 

1697. 

return of 55,000 furs which they gained thereby. (6) No notice is 
taken of the expense of an expedition in 1696 to retake Fort York, 
nor of the failure of our returns this year and last. (7) No notice 
is taken of the Company's expense for the small parcel of goods 
granted to them by the King, though the customs were 1,500 and 
the goods not worth above ,7,000, though more highly estimated 
by the French. It is therefore plain that many of the goods were 
embezzled by the French. These matters are all proved, and with 
more time we could adduce more evidence, so we beg that they may 
be represented. We also beg for a draft of the report, which we 
think can be of no prejudice to either party. 2J pp. Endorsed, 
Reed., Read, 13 Jan., 1696-7. [Board of Trade. Hudson's Bay, 2. 
No. 11.] 

Jan. 13. 585. Agents for the Leeward Islands to Council of Trade and 
Plantations. Since a treaty with France is likely to commence, we 
lay before you the advantage and necessity of insisting that St. 
Christophers shall remain wholly in the hands of the English. 
Sit/ned, Bastian Bayer, Joseph Martyn, Rd. Gary. Copy. 1 p. 
Inscribed, Original sent to Mr. Sec. Trumbull, 14 Jan., 1696-7. 

Here follow, Reasons for keeping the Island of St. Christophers 
whole and entire to the English. The Leeward Islands, which 
before the war were in a thriving condition, have each suffered 
much by mortality and through the expeditions against the French 
islands and the retaking of St. Christophers. Hence they are much 
disabled of their strength and must for their future security remain 
united without admitting the French again to any part of them. 
St. Christophers was originally settled by both nations, of which 
each had two quarters but shared the salt-ponds in common. In 
1666 the French took the two English quarters, but restored them 
in 1671 at the treaty of Breda. At the beginning of the present 
war the French again drove the English from the Island and held 
it until 1690, when Governor Codringtoii recaptured it and sent 
away most of the inhabitants, whereby the whole island now 
remains in the possession of the English. But the uncertainty of 
war and of the islands remaining ultimately to the English makes 
people naturally unwilling to settle ; whereas if it were known that 
the English were to keep the whole island, people would repair 
thither from all parts, for the island is very fertile and famous for 
healthiness. But if the French be restored, those English that are 
now settled upon their part of the island must be turned out 
again to the great discouragement not only of them but of the 
former inhabitants, who may very likely leave the island rather 
than hazard ruin for a third time by the breaking out of war with 
France. Thus the Crown will lose revenue and the nation will lose 
trade. Moreover, the restoration of the French would be a great 
danger to the other Leeward Islands and particularly to Nevis. Copy. 
3pp. Endorsed, Reed. 13 Jan., 1696-7. [Board of Trade. Leeward 
Islands, 5. No. 33 ; and 45. pp. 38-42.] 

[Jan. 14.] 586. Copy of several documents relating to the devastation 
of the English settlements in Newfoundland. Affidavits of Philip 
Roberts and two more inhabitants and fishermen of St. Johns, 
Newfoundland, taken at Dartmouth on 10 January, 1697. On the 

28181 TJ 



806 COLONIAL PAPERS. 

1697. 

16th November last we had information that sixteen French had 
taken Petty Harbour, about nine miles from St. Johns. We sent 
out thirty -four men to their relief, who returned on the 17th, having 
been driven back by the snow. On the 18th, we sent out another 
party of 84 armed men, who not above a mile from St. Johns met 
a party of about 400 Frenchmen, soldiers and Canada Indians. 
We engaged them for half-an-hour, in which action 84 of the 
inhabitants were killed and several others wounded, the rest 
retreating to St Johns with the French in pursuit. About 180 men 
of the inhabitants, besides women and children, then entered into 
King William's Fort, St. Johns, and defended it for three days; th6 
French meanwhile destroyed all houses, boats, stages, and provisions. 
The French scalped one of the inhabitants and sent him into the 
fort with a message that unless they surrendered they would all be 
served the same way. The inhabitants being in want of food and 
ammunition, then capitulated on articles of surrender received from 
the French, who however forced about 80 men to go southward 
against their will, contrary to the articles. Afterwards one of the 
deponents heard the French Governor at Placentia say that the 
English were asleep and fools to allow this plantation to be taken 
from them, and that the French did not doubt to take all New England 
next year except Boston, and that they intended to inhabit Renouse, 
one of the southernmost harbours of the English fishery in New- 
foundland, having already fortified the place. The French force 
above mentioned was commanded by the Governor of Placentia, who 
brought it from thence in ships, first to Bay of Bulls and thence to 
Petty Harbour and St. Johns. One party of it was detached to 
march through the woods and commit the like spoil in all the 
harbours to northward. We ourselves with about 220 men, women 
and children came from St. Johns in a small vessel given us by 
the French to carry us to England. About 80 men were sent at 
the same time to France, contrary to the capitulation. The French 
were in possession of St. Johns when we left. 

Copy of the .terms of capitulation offered to the inhabitants of 
St. Johns by the French, 20 November, 1696. If they surrender 
the harbour quietly those that desire boats to go in the bay shall 
have them tomorrow morning ; those that would go to England 
shall have two ships, a month's bread and necessaries for the 
voyage ; and those that will swear allegiance to the King of France 
may live, keeping all their property without molestation. 

Copy of a letter from John Sikes to Simon Cole. Dartmouth, 
10 Jan., 1696-7. A ship came in at noon twenty-six days out from 
Newfoundland with 230 inhabitants of St. Johns, which, with all 
the other harbours there, have been taken by the French. All our 
debts and goods there are therefore lost. The enclosed affidavit 
tells the story. I am sending it to the Council of Trade to stir 
them to regain the Colony. The passengers tell us further that 
they had been informed by the French that Bonavista, Carbonere 
and Harbour Grace were destroyed by 400 Indians and 100 French, 
who came overland. A& in Bonavista were put to the sword, 
and those in St. Johns would have had the same fate could they 
have been caught before they had taken measures of defence. We 
intend to petition the King to regain the Colony, hoping it will be 



AMERICA AND WEST INDIES. 



307 



1697. 



Jan. 14. 

Whitehall. 



Jan. 14. 

Whitehall. 



Jan. 15. 

Bideforcl. 



Jan. 15. 

Whitehall. 



Jan. 15. 
Whitehall. 



backed- by petitions from your city and the western ports. The 
whole, 4 closely ivritten pages. Endorsed, Reed., Read, 14 Jan., 
16^6-7. [Board of Trade\ Newfoundland, 3. #0. 23 ; and 25. 
pp. 62-66.] 

587. Council of Trade and Plantations to Mr. Secretary 
Trumbull, Forwarding the memorial of the agents for the 
Leeward Islands as to the reservation of St. Christophers entire to 
England. Sit/ned, Ph. Meadows, Wm. Blathwayt, John Pollexfen, 
Abr. Hill. [Board of Trade. Leeward Islands, 45. p. 43.] 

588. William Popple to Mr. Thornburgh. Captain Webb 
was yesterday presented by the Proprietors of the Bahama Islands 
to the Council of Trade, in order to his being sent Governor 
thither. The Council desire the following heads to be submitted 
to the said Proprietors and their answers thereto : (1) That 
Captain Webb take the oath to the King and sign the Association 
prescribed by law. (2) That he take the oaths to observe the Acts 
of Trade. (3) That a copy of his commission and instructions be 
sent to the Council of Trade. (4) What is his salary ? (5) What 
security is taken for his conduct? (6) Wkiat methods are 
established in the Bahamas for trial of pirates ? [Board of Trade. 
Proprieties, 25. p. 19.] 

589. Richard Usticke to Council of Trade and Plantations. 
Your justice to the merchants in procuring convoy for their ships 
to Newfoundland, leads me to enclose you a list and estimate of the 
ships lately taken by the enemy there. Others were forced to sea 
without many of their guns, fish, oil, &c. The enclosed is the 
nearest estimate of the loss, but it is not above half, the plantations, 
boats, nets, salt, stages, &c., amounting to more. Pray in 
consideration of our losses use some way to recover the Colony. 
Signed, Richd. Usticke. J p. Endorsed, Reed., Read, 18 Jan., 
1696-7. Enclosed, 

589. i. List of ships, belonging to the port of Bideford, lost 
at Newfoundland. Fourteen vessels, valued at 24,700. 
List of ships that escaped, sacrificing many goods, 
eleven vessels. Estimated loss, 3,710. Total loss, 
28,410. lp. Endorsed as the letter. [Board of Trade. 
Newfoundland, 3. Nos. 24, 24 i.] 

590. Council of Trade and Plantations to Secretary Trumbull. 
We had prepared a report in the business of Newfoundland (see 
No. 583), but having since heard of the destruction of St. Johns 
by the French, we send you the papers concerning the same for 
the King's further orders. Signed, J. Bridgewater, Ph. Meadows, 
Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. 
Newfoundland, 25. pp. 66-67.] 

591. William Popple to Mr. Tucker. Forwarding the report 
of the Council of Trade on the dispute between the Hudson's Bay 
Company and M. de la Forest, for Secretary Trumbull to lay before 
the King. [Board of Trade. Hudson's Bay, 3. pp. 86-37.] 



308 



COLONIAL PAPERS. 



1697. 
Jan. 15. 

Whitehall. 



Jan. 16. 

Hudson's Bay 
House. 



Jan. 16. 

Exon. 



592. Council of Trade and Plantations to the King. We 
have heard the case and the evidence between M. de la Forest and 
the Hudson's Bay Company. Mons. de la Forest relies on the 
article which stipulates for the safe delivery of all the goods with 
the garrison at Placentia. The Company denies the right of 
Captain Allen to make such articles, and Mons. de la Forest rejoins 
that he knew of no authority in Captain Allen, except the force that 
he brought with him. Secondly the Company insist that even if 
Captain Allen had been authorised, the breach of the capitula- 
tion of 1694 by the French in 1694 would justify reprisals. Here 
follows an analt/gis of the evidence (see 25 Feb., 1697), but no 
recommendation. Signed, John Bridgewater, Wm. Blathwayt, Ph. 
Meadows, Jno. Pollexfen, Abr. Hill. [Hoard of Trade. Hudson's 
Bay, 0. pp. 37-43.] 

593. Deputy Governor of the Hudson's Bay Company to 
William Popple. The following is an account of the affairs between 
the English and French in Hudson's Bay. 1682. The French took 
from us a factory in Port Nelson River, burnt it, and kept the men 
prisoners many months. 1686. The French took from us Hayes 
Fort, Rupert's Fort, and Albany Fort in the bottom of Hudson's 
Bay. 1088. They took and burnt another fort on Albany River. 
1690. They took and burnt a fort on New Severn River. 1691. 
The Company retook the forts taken in 1686 by the French. 1694. 
The French took York Fort. 1696. The Company retook York 
Fort. We know of no footing that the French have now within our 
Charter except one fort, Nemiskie, about forty-five miles from 
Rupert's Fort. We have omitted all damage done to ships and 
goods. Sinned, Samuel Clarke. [Board of Trade. Hudson's Bay, 2. 
No. 12.] 

594. Christopher Coke to John Pollexfen. Your letter 
plainly shows the hazard of the Newfoundland trade without the 
residence of planters there. I was about to trouble you by post with 
the depositions of about 220 inhabitants, who after barbarous usage 
by the French and Indians in St. Johns were sent home. Sir 
Edward Seaward, our representative, will give it to you. The matter 
is a weighty one to the whole kingdom and affects our western ports 
deeply, which have no other foreign trade to depend on. As to our 
drapery I look upon the Dutch as masters of that by the manage- 
ment of the tookers, who will ruin themselves and all workers under 
them to raise the Hollander. We have drawn a petition on the 
Newfoundland affairs of which and of a few reasons of my own I 
send you copies. Perhaps you may extract from them some proposals 
which will be of service at the Board. The Admiralty are not 
always so certain as might be wished in their appointment of 
convoys, as I know from woeful experience. It is supposed that on 
this last news from Newfoundland you may alter your former 
resolutions, but we still think you will keep your resolve of the two 
convoys going with thg salt ships. You say that I am well 
situated at Plymouth for the Bonadventure, but I cannot keep a 
man abroad for the press, and I find it very difficult to obtain a 
protection. Pray give me your advice and assistance, that I may 



AMERICA AND WEST INDIES. 309 

1697. 

not lose the convoy. Signed, Christopher Coke. 1 p. Endorsed, 
Reed. '20 Jan., 1696-7. Enclosed, 

594. i. Copy of a petition from the Corporation and 
merchants of Exeter to the King. Setting forth very 
briefly the advantages of the Newfoundland trade as a 
school for seamen and the ruin which its loss will bring 
on the western ports, and asking that the losses already 
suffered may be reduced. 1 p. 

594. n. "Reasons for inhabiting Newfoundland or ruining 
the commerce." (1) Permanent settlement is necessary 
for the security of the immovable materials of trade in 
Newfoundland. (2) The necessary commodities imported 
there from Europe can never be managed by divers 
persons with so even a hand as neither to leave nor lack. 
If there should happen a want of provisions, salt, wine, 
brandy, etc., there can be no supply of them from any 
neighbouring parts, so consequently the voyde (sic) is 
ruined. If there be an overplus it is no sooner left by 
the owner but it is in the enemy's possession. (3) It 
is not to be supposed that this fishery can be 
supported or supplied by ships and men from England 
alone, for if they depart in March, arriving there in the 
middle of April and finding no boats, stages or ware- 
houses, it cannot be thought that they can supply 
themselves (even if the French leave these necessaries 
and the timber growing round about undestroyed) in 
less than a month's time. Their best hopes then are to 
begin fishing in June, when it ought to be half over ; 
so indeed a third of onr time will be taken up to let our 
enemies ravage again as soon as we have deserted the 
country. (4) Settlement is necessary for the preserva- 
tion of the catch, of which there was an indifferent stock 
about St. Johns before the late devastation. This was 
not much benefit to the sick. They must feed altogether 
upon salt food if the land be deprived of planters to 
preserve fresh food. 5. Settlement is also necessary to 
secure the land and to preserve and increase the trade. 
Nothing would encourage it more than 1,000 or 1,500 
resident planters both to manure the land and increase 
the fishery. 6. To preserve the planters and the 
effects left behind during the winter, the settlements 
must not straggle too far from the fortifications erected 
for defence. 1 p., very obscurely expressed. [Board of 
Trade. Newfoundland, 3. Nos. 25, 25 1., n.] 

Jan. 18. 595. Minutes of Council of Jamaica. The Governor reported 
the return of Captain Moses with several French prisoners and the 
renegade Grubbin captured. Order for 100 to be paid to him 
immediately as a reward for his great service. Order for several 
accounts to be entered in the Council book, including a list of small 
outstanding debts, amounting in all to 1,475. [Board of Trade. 
Jamaica, 79. pp. 47-52.] 



310 



COLONIAL PAPERS. 



1697. 
Jan. 18. 



Jan. 18. 



Jan. 19. 



Jan. 19. 
Whitehall. 



Jan. 19. 



Jan. 20. 

Poole. 



596. Journal of Council of Trade and Plantations. Mr. 
Nicoll, agent for New York, was warned to prepare his answer to 
the three lieutenants by Wednesday next. 

Mr. Usticke's letters of 12th and 15th inst., respecting Newfound- 
land, read. Mr. Gary, of Bristol, attended as to the convoy to 
Newfoundland, but was told that there was still uncertainty about 
affairs in Newfoundland, and that the matters brought forward by 
him belonged more properly to the Admiralty. 

Letter from the President and Council of Barbados of 29 
September last read. (No. 277.) 

Letter from the Governor of the Hudson's Bay Company of 16th 
inst., read. (No. 593.) 

Mr. Blathwayt said that the Elector of Brandenburgh had asked 
for copies of the despatches sent to Governor Codrington, respecting 
the restitution of New Tertholen [Tortola] . Order for copies to be 
given to him, and for a letter to Governor Codrington on the subject 
to be prepared. [Board of Trade. Journal, 9. pp. 352-355.] 

597. John Gary to Council of Trade and Plantations. The 
merchants of Bristol desire me to ask whether the convoy designed 
to be at Milford on the 20th is to sail with such ships as are ready 
by that time and take charge of all ships bound to the American 
Colonies, which will be about twenty sail, all laden with English 
produce and manufactures. Signed, John Gary. J p. Endorsed, 
Reed., Read, 18 Jan., 1696-7. [Board of Trade. Newfoundland, 3. 
A T o. 26.] 

598. The Attorney and Solicitor-General to Council of Trade 
and Plantations. We have perused the Act passed in Barbados in 
1696 respecting Philip Kirton's lands, and are of opinion that the 
Act is reasonable if the suggestions therein are true, and if, as we 
are informed was the case, the Act was passed by the consent of the. 
parties, tiiqned, Thos. Trevor, Jo. Hawles. J p. Endorsed, Reed., 
Read, 21 Jan., 1696-7. [Board of Trade. Barbados, 7. No. 26 ; 
and 44. pp. 45-46.] 

599. J. Tucker to William Popple. Mr. Secretary Trumbull 
wishes me to inform you that he has laid the affidavit of Philip 
Roberts and others (see No. 586) before the King, who desires the 
opinion of the Council of Trade as to what should be done therein. 
Signed, J. Tucker. J p. Endorsed, Reed., Read, 20 Jan., 1696-7. 
[Board of Trade. Newfoundland, 3. No. 27 ; and 25. p. 67.] 

600. Minutes of Council of Barbados. Order for payment 
of a present of 200 granted by the Assembly to Captain Daniel 
Reeves, of H.M.S. Newcastle. Orders for payments. Four 
assistants for Scotland precinct Court appointed, and one for Hole 
precinct Court. Francis Brooking appointed Master in Chancery. 
[Board of Trade. Barbados, 65. pp. 178-79.] 

601. The Mayor and, merchants of Poole to Council of Trade 
and Plantations. We thafflf you for Mr. Popple's letter of 2nd inst. 
We desire now to add to our former proposals. 1. That two more 
men-of-war may be added, so as to make ten in all, for the reduction 
of Newfoundland. 2. That these ten ships be ready to sail direct 



AMERICA AND WEST INDIES. 311 

1697. 

to Newfoundland by the middle of February at latest. 3. That 
every ship may carry a pilot acquainted with the coast and 
harbours, so that they may not be deterred from dealing with it 
when there may be ice on the coast and the country looks dismal. 
4. That our merchant ships have timely notice to prepare to sail 
with these ships. Sii/ncd, Tho. Hyde, Mayor, and by twelve more. 
1 p. Endorsed, Reed!, Read, 23 Jan., 1696-7. [Board of Trade. 
Newfoundland, 3. No. 28.] 

Jan. 20. 602. Answer of the Proprietors of the Bahama Islands to the 
queries made in the letter of 14 January to Mr. Thornburgh. 
(1, 2.) Captain Webb is ready to take the oath to the King, to sign 
the Association, and to swear to observe the Acts of Trade. (3.) 
Copies of his commission and instructions shall be sent to the 
Council of Trade. (4.) The Proprietors have never received a 
farthing of profit from the Bahamas, but have been at yearly 
expense. The Governor's salary is one-seventh of the rents ; the 
remainder of the rents have always been spent in the country for 
its benefit and security. (5.) Captain Webb shall give any security 
that is required of us. He has served the King well in the West 
Indies, has been recommended to us by persons of considerable 
note, and is very acceptable to the merchants in the City. (6.) All 
pirates shall be tried in the King's Courts of Admiralty. [Board oj 
Trade. Proprieties, 25. p. 20.] 

Jan. 20. 603. Journal of Council of Trade and Plantations. A letter 
to the Hudson's Bay Company ordered, as to the fort at Nemiskie. 

Mr. Tucker's letter of 19th as to Newfoundland read. Mr. Cole 
. and Mr. Merret attended, and said that more ships were necessary 
now than had at first been appointed, that the French were now 
likely to fortify their captured places in Newfoundland and stay 
there, that any expedition must be made with secrecy, and that it 
would be well if the possession of Newfoundland could be secured 
to England by the Treaty of Peace. The Council reassured them 
and ordered a representation to be prepared. 

The New York Agents and the three lieutenants attended and 
were told to attend again on Friday. 

Mr. Thornburgh and Captain Webb brought copies of the latter's 
commission and instructions to be Governor of the Bahamas, also 
an answer to the enquiries made of them (No. 602). 

A letter to the Lieutenant Governor of Massachussets was 
signed. 

Jan. 21. Order for a letter to the Commissioners of Sick and Wounded, 
that Mons. de la Forest need be no longer detained. 

Order for the Acts of the Leeward Islands to be sent to the 
Attorney-General. 

The Attorney-General's report of 19th as to a private Act of 
Barbados read (No. 598). Order for the Secretary to enquire of the 
merchants whether the Act was opposed. 

A new representation to the King as to Newfoundland was signed, 
and delivered into the King's own hand by Lords Tankerville and 
Bridgewater. 



COLONIAL PAPERS. 

1697. 

Jan. 22. Mr. Bridges attending brought forward a difficulty which had 
arisen over the sailing of the West Indian convoys. Resolved to 
prepare a representation at once to remove the obstacle. 

Mr. Cole and others enquired what resolutions had been taken 
upon the Newfoundland trade, and complained of the pressing of 
some of their men from their salt-ships. The Council answered 
that the latter business had been represented to the King, and that 
his decision would be communicated to them without delay. Order 
for a letter to be written to Mr. Secretary Trumbull to give him 
some further information brought by the merchants concerning 
Newfoundland, and to beg for the King's speedy resolution upon 
the other matters. Petition of the merchants of Poole (No. 608 i.) 
read. 

The three lieutenants from New York attended, and said that 
they desired to add nothing to their affidavits. They were, however, 
warned to attend on Tuesday next, when the New York agents 
would be present for the hearing of their case. 

Letter to Governor Codrington as to Tortola signed. 

Jan. 23. Report from the Admiralty as to sending supernumerary men to 
Jamaica read (A T o. 567). Order for the Agents of the Leeward 
Islands to be summoned to attend on Monday next, and for the 
Secretary to enquire of the Admiralty as to the sending of 
supernumerary seamen to the frigates now at Jamaica. 

Sir Henry Ashurst moved for a memorial relating to New 
England to be read. The Council appointed Monday next for the 
attendance of Lord Bellomont. 

A representation to the King was signed (A 7 o. 615) on the delay 
of the West Indian convoys by the Customs, also two letters to Sir 
William Trumbull, urging the despatch of the business of 
Newfoundland. Letter from the town of Poole of 20th inst. read 
(No. 601). [Board of Trade. Journal, 9. pp. 352-864.] 

Jan. 20. 604. Council of Trade and Plantations to Lieutenant- 
Whitehall. Governor Stoughton. The King has appointed us to our present 
office. You will be careful to keep us well informed as to the 
province under your government and to transmit the Journals and 
Minutes of Council and Assembly and the Acts of Assembly with 
regularity. Your letter of 24 September, and Mr. Addington's 
of 16 and 22 September have been received. The Acts of 
Massachusetts have been before us, of which the following have 
been disallowed for the reasons given. The Act to regulate the 
building of ships seems to lay an unnecessary and discouraging 
charge on the builders and opens the door to great partiality in the 
overseers. If however the Act has been found beneficial we are 
ready to promote the passing of another Act to the same purport. 
The Act for encouraging a Post Office is prejudicial to the General 
Post Office here and inconsistent with existing patents. We are 
sending you a draft Act, for your Assembly to pass if it thinks fit. 
The additional Act for Courts, supplementary Act to Revenue Acts, 
and the second additional Act for Courts, are all based on a previous 
Courts Act of 1692, the repeal of which renders necessary the 
repeal of these three. Similarly the additional Act for Privileges is 
disallowed, as the original Act has been disallowed. The Act for 



AMERICA AND WEST INDIES. 818 

1697. 

establishment of the Chancery is disallowed because it seems to 
exclude appeals to the King in Council, except in certain cases, 
which is contrary to your Charter. Among the Acts appr