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\ u
0V
Ca/6m*.l
CALENDAR
STATE PAPERS,
COLONIAL SERIES,
r\/oUf7]
AMEEICA AND WEST INDIES,
1699.
/&-
ALSO
ADDENDA,
1621-1698.
PRESERVED IN THE
PUBLIC RECORD OFFICE.
EDITED BY
CECIL HEADLAM, M.A.
PUBLISHED BY AUTHORITY OF HIS MAJESTY'S PRINCIPAL SECRETARY OF STATE
FOR THE HOME DEPARTMENT.
LONDON :
PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE,
BY MACKIE AND CO. LD., 2, WINE OFFICE COURT, FLEET STREET, E.C.
And to be purchased, either directly or through any Bookseller, from
WYMAN AND SONS, LD., FETTER LANE, E.C. ; or
OLIVER AND BOYD, EDINBURGH; or
E. PONSONBY, 116, GRAFTON STREET, DUBLIN.
1908.
CORRIGENDA.
Page 22, 4 lines from bottom, for Ashe read Aske.
,, 28, No. 48, for reference see under Xo. 51.
29, line 4, /or B. Cortland read S. V. Cortland ; and for
reference sec under Xo. 51.
,, 55, No. 83, line 1,/or Addison read Addington.
,, 66, line 20, /or port read part.
,, 75, *Vo. 128, line I, for Josiah read Joseph.
93, .Vo. 159, line I, for Hallams read Hallam.
,, 136, 4 lines from bottom, for by read my.
,, 157, No. 273, in place of last tiro lines read only [Board of
Trade. Newfoundland, 25. pp. 291, 292.]
,, 160, No. 283, line 12, add Signed, J. Burchett. Endorsed,
Reed. Read April 21, 1699.
,, 160, No. 283, line 13, add and 3. No. 137.
,, 178, line 20, for of read to.
207, line 20, /or No. 173 read No. 23.
,, 259, line 14, for Canda read Canada.
267, No. 487, line 12, /or Feile read Feild.
,, 277, -Vo. 505, line 3, for Durasse read Ducasse.
449, line 38, for F. read E.
,, 495, line 17, for Edward read Edmund.
561, No. 1,019, line 2, add [? Markham] .
608, No. 1,190, for Dec. 6 read Dec. 26.
615, line 4 from bottom, for J. Boothe read G. Boothe.
624, No. 1,283, for Oct. 22 read Oct. 23.
636, Xo. 1,333, for March 14 read March 19.
PREFACE.
APART from some pages of Addenda, which represent the
accumulation of documents relating to Colonial affairs,
discovered, since the publication of previous Calendars,
amongst other sections of correspondence in the Public
Record Office, the present volume contains the Colonial
papers for one year only. But it is certainly not lacking
in interest, whether historical or romantic. The year
1699 witnessed the capture of Kidd and the disastrous
end of the Darien Expedition.
The Darien The Expedition, which owed its origin to the enthusiasm
of William Paterson, the Founder of the Bank of
England, the John Law of Scotland, had been promoted
by the "Company of Scotland trading to Africa and the
Indies." Ever since the opposition of the English Govern-
ment (1695) had crushed the Scots Company in England,
the pride of the Scots had been engaged in the affair.
"From the Pentland Firth to the Solway," says Macaulay,
" every one who had a hundred pounds was impatient "
to subscribe. And the list of shareholders bears out his
generalisation. Ships and stores were obtained from
Holland. The first expedition sailed with sealed orders
in July, 1698, " to settle a Colony in the Indies." Its
exact destination was a profound secret. In this volume
we first hear of it at Crab Island (Vieques) " so-called
from the multitude of land-crabs there " (866), of which
the Scots took formal possession in spite of the protest of
the Governor of St. Thomas on behalf of the Crown of
Denmark. Here they took in water, which seems to
have proved the beginning of their misfortunes by sowing
the seeds of disease, and here the sealed orders wepe
opened. Their destination was announced to be that "door
PREFACE.
of the seas and key of the universe," as Paterson had
described it, the Isthmus of Darien, which has tempted
others since. Unfortunately for the success of the
Scots, it had tempted others before. It wae
notorious that the Spaniards claimed the Isthmus.
True, they had deserted the poisonous jungle for the haven
of Panama. But the claim of Spain was good (456),
and it was not likely that she would endure a Scotch
Colony in the heart of her Transatlantic dominions. The
developement of "Caledonia," as the new settlement was
proudly called, implied war between Spain and Scotland,
a war in which England must be involved. The Spanish
Ambassador entered the strongest possible protest. The
King of Spain, he said, regarded the Scotch descent upon
Darien "as a rupture of the alliance between the two
Crowns " (434 I.). It is remarkable that, in accordance
with a Representation of the Council of Trade and Planta-
tions, in which this aspect of the question bad been
ignored (see Calendar, America and West Indies, 1697,
No. 1,305), the Rupert prize, Capt. Richard Long, had been
despatched by the English Government, with secret orders,
apparently in order to forestall the Company in their sus-
pected intention of occupying the Isthmus. She arrived too
late. But immediately this was known, orders from Mr.
Secretary Vernon had been despatched (Jan. 2, 169 9) 1 to the
various Governors to stop all trade or correspondence with
the Scottish settlers. Whereas, in their Representation
of Sept., 1697, the Council of Trade had recommended
the seizure of " Golden Island and the Port upon the
Main " for the Crown of England, they now (May 26,
No. 456), with a wisdom perhaps not altogether inspired
by a sense of justice, asserted and admitted the prior
claims of Spain. This "so much admired Caledonia''
i The date was long in doubt. (No. 529.) The letter is given
Home of Lords MSS., New Series, No. 1486. Capt. Richard Long,
with the Rupert prize, reached England late in December, 1698.
(Treasury Papers, Dec. 1698, Vol. 58, No. 51.)
PREFACE, ix
promised to be "the emporium of trade of America"
(514), connecting the trade of the East and West Indies
and tapping the riches of Mexico and Peru. The
Spaniards, the Representation avers, would never suffer
any European settlement there. " No subjects of any
European Prince have ever attempted to plant any
settlement there, not out of ignorance of those parts,
but solely because such a thing could not be
compassed without an open rupture with Spain "
(456). Such a statement must have been written
tongue in cheek. Whilst this report was being
drawn up at home, Proclamations were being published
by beat of drum with varying promptitude in the
different Colonies, prohibiting all trade with the Scots
at Darien, and the supplying them with provisions
or arms (253, etc.). Historians have hitherto under-
estimated the number of these Proclamations. That
ordered by the Council of Virginia (Nos. 334, 398),
"for instance, seems to have escaped notice. The
Spaniards meanwhile prepared their Barlovento fleet for
active service (626, 667). It was not to be expected
that they would distinguish between the enterprises or
the shipping of two countries disunited under one
King. They at once began reprisals by seizing all the
English vessels they found sailing in adjacent waters
(85, 149 ii., 505, p. 192). The first reports spoke of
Scottish successes (667) on the mainland and at sea.
But, whilst the shareholders in Edinburgh were rejoicing
at the news of the successful settlement, and a second
expedition was on the point of sailing from the Clyde,
Mr. Secretary Vernon received (Sept. 15, No. 626)
information from the Governor of Jamaica that "the
Scotch have wholly deserted Caledonia." Sir William
Beeston's letter came as a thunderbolt. The failure
of the country's effort to establish a foreign trade led,
as is well known, to a violent outburst of indignation
in Scotland against the English Government. Sir
PREFACE.
William Beeston, who had expressed concern in 1698
lest the " noise of gold " at Darien should tempt away
settlers from Jamaica, had already hinted (April 14,
No. 254) that the Scots were in straits. Stricken
with fever and threatened with famine, news came
to them on May 18 of the Proclamations and
of the Spanish preparations to attack them, with
their Indians, by land and sea. The surviving Colonists
stampeded from their half-finished fortifications and their
malarial swamps. Whether, if they had waited and had
been properly furnished with funds, supplies would not
have been forthcoming in spite of Proclamations, may be
doubted, in consideration of the hints given in this
volume (433, 878, etc.), and borne out by the narrative
of Paterson, as to the readiness of many colonists to indulge
in the prohibited trade, and of the inadequate policing
of the seas by the West Indian squadron. As it was,
at the beginning of August the Caledonia arrived in
New York harbour. A third of her men had perished
on the voyage. She was followed on the 14th by " another
Caledonian (the Unicorn), having lost his masts and half
starved and lost 150 men " (878 xii.). Almost simul-
taneously the relief expedition from Scotland was reported
off Nevis (p. 406). The Caledonian's were in "a miserable
condition and starving." But they found many sympathetic
countrymen at New York, and their ships of force were
strong enough to terrorise the Lieutenant Governor (878,
878 vii., xii., XXIL), who could not punish the high-handed
behaviour, born of desperation, in which, it is hinted,
they indulged both on their voyage and at New York
(878xn.). They demanded and, after some demur, were
granted sufficient provisions for their homeward voyage
(697, 878x11.). The Unworn was left to rot at New
York; the Caledonia sailed for Scotland in October.
Meanwhile the St. Andrew had made her way to Jamaica,
where, in acknowledging her salute, an explosion of gun-
powder much damaged the fort (890 xv.). Many of her
PREFACE. x i
crew had died ; the rest were in a deplorable condition.
They were too weak to take her home, and remained
to find employment on the island (739, 887).
arufthe" ^ ne Darieii enterprise represents an attempt on the
colonies par t o f Scotland to obtain a share in the Colonial Trade.
"The principal traders in East and West Jersies and
Pennsylvania " were Scotch (512, 514). They were numerous
in New York (878), and abundant in Virginia and Maryland
(450 n.) Yet the Navigation Acts were so interpreted
that a vessel was seized because she was owned by
Scotchmen resident in London (433, 763) ; the question
was raised whether Scotchmen had the right even to trade
with the Colonies (579 xvi.); Governor Basse urged their
exclusion from office in the Plantations (514); in various
Governments there was a tendency so to exclude them, and
the point was submitted to the Attorney-General whether
Andrew Hamilton was qualified for an appointment as
Governor of East New Jersey (39). The Attorney-General,
Sir Thomas Trevor, gave his opinion that a Scotchman
born was a natural -born subject of England (71).
Crab island 'fhe incident of the hoisting of the Danish flag on
Crab Island, when the Darien Expedition touched there,
the complaints of the President of Nevis (p. 503), and the
dealings of the Governor and inhabitants of St. Thomas
in Kidd's cargo, led to Rear-Admiral Benbow paying a
visit to the latter island. The Governor, in reply to
the Admiral's protest, answered that he would persist in
hoisting "the Dane's flag on Crab Island, it being the
King his master's," and as to the, inhabitants trading
with pirates, "he said it was a free port and they will
trade with anybody." St. Thomas, Benbow observes,
" would be of great use to our English nation in case
of a war in these parts, and may be made very easy
secure, which is now only a receptacle for thieves " (907).
Captain Kidd. Capt. Kidd, also, was "a Scotch" (621) and at
one time had thoughts of throwing in his lot with the
PBEFACE.
settlement at Caledonia (p. 369). The Darien Expedition had
been to a large extent maimed by officers and soldiers
of the rank and file thrown out of employment by th<;
Peace of Ryswick. A host of desperadoes had also been
set free by the cessation of the more legitimate industry
of privateering. With the declaration of Peace they
found their occupation gone, and at the same time they
were tempted by the prizes of the Red Sea traffic, and
by the discovery that a rich trade was being carried on
unprotected by a naval force. The era of buccaneering,
in which there had been some spice of patriotism, was
therefore succeeded by an era of unmitigated piracy.
Such was the case of Kidd, who having started as a
privateer, partly financed by Bellomont himself, was now
known to have committed several "notorious acts of
piracy " on the coast of Malabar. Preparations had already
been made at home for sending a squadron to Madagascar,
"the great rendezvous of pirates . . to suppress them
there" and at St. Mary's (15, 740 xn.), as well as for
issuing Proclamations exempting Kidd and the notorious
Every from pardon (p. 6). Upon the representations of the
East India Company, letters were dispatched by Mr.
Secretary Vernon (Nov. 23, 1698) to the Governors of
the Plantations, which resulted in a general hue and cry
after Kidd and his fellows. On May 18, 1699, the
President and Council of Nevis wrote that they had news
of Kidd. It appears that after leaving New York he
had sailed to Madeira, and thence, after touching at
Bonavista and St. Jago, to Madagascar. He then made
his way to the Red Sea, and failing to capture any
prizes there, cruized off Calicut till he took a small ship
laden with cotton, which he carried to Madagascar in
May, 1698. Five weeks later he seized the Quidah
Merchant, a vessel of 400 tons, commanded by one
Wright, an Englishman, which he carried into St. Mary's,
and there shared the goods with his company, which
then numbered some 115 men. He had next sailed
PREFACE. xiii
from Madagascar in the Quidah Merchant ; touched at
Anguilla at the end of April, and, failing to obtain
supplies there, made for St. Thomas'. The Danish
Governor also refusing to help him, he had sailed for
Porto Rico. The President and Council of Nevis there-
upon ordered H.M.S. Queenborough in search of him
(404). She returned from a wild-goose chase with news
from the Virgin Islands (501) that Kidd had gone to
leeward, it was thought to Darien. At the beginning of
June (495) he appeared in Delaware Bay. The Quaker
Government would take no notice of him, or of the
trafficking of the inhabitants with him. But Col. Quary
despatched an express to the Governor of Virginia for a
man-of-war. A month later Lord Bellomont had the
Hia Arrest in satisfaction of announcing that he had secured Kidd
Boston.
(July 6th) and that he was now in irons in Boston gaol
(Nos. 578, 621 and p. 369). Bellomont had conducted
the affair with considerable shrewdness. Kidd had
endeavoured to extract a promise of pardon before landing
at Boston, and, with a view to making terms, he tried
to bribe the Governor by presents of jewels and ingots
to Lady Bellomont (pp. 334, 367). Bellomont, who had
kept Mr. Vcrnon's orders for the arrest of Kidd secret,
promised the pirate pardon if he should prove " as
innocent as he pretended to be"; and only arrested him
when he "looked as if he were upon the wing."
Hi? Defence. Kidd, of course, had some explanation to offer (680
xxv ). He had done nothing contrary to his commission
"against the King's enemies, and pirates, and those sail-
ing with improper passes," save what a mutinous crew
had compelled him to do. The Moorish ships he had
seized by mistake ; they were sailing under French passes
and he supposed them to be lawful prize. On discovering
his error he would have delivered the Quidah Merchant
up, but his men " violently fell upon him and thrust him
into his cabin and carried her into Madagascar" (680iv.).
Other evidence, however, shows that " he was very crude
PREFACE.
to his men and abused them, especially such as did not
adhere to those evil practices." At St. Mary's the
Adcenture galley, the ship in which he had sailed from
Plymouth in 1696, and which had become unseaworthy,
was unloaded and burned, and the pirates evidently fell
out among themselves. Ninety of Kidd's men deserted
him and sailed away in the Mocha frigate, under one
Capt. Gulliver, "bound out to take all nations" (p. 377).
Perhaps his crew were envious of Kidd's 40 shares of
the plunder. At any rate there were ugly scenes. We
catch a glimpse of Kidd, besieged by his murderous crew,
" locking himself into his cabin at night " the cabin in
which a merchant of Barbados had "died suddenly"
(680 xxv.) in January " and barricading it with bales
and having about 40 small arms besides pistols ready
charged" to keep them out (680 xxv.); and, again, when
they had broken open and rifled his chest, " Kidd in a
passion struck his gunner with an iron-bound bucket "
(890 xn.) and killed him.
From Madagascar Kidd sailed in the Quidah Merchant.
But on learning at Anguilla that he and his people
were proclaimed pirates, he ran his ship into a creek
upon the coast of Hispaniola. " A sheet of paper will
not contain what may be said of the care I took
to preserve the owners' interest and to come home to
clear my innocency " (680 vi.). From this spot he traded
with Bolton, a merchant of Antegoa, 1 and with Burke, an
Irishman, of St. Thomas'. The cargo of the Quidah
Merchant was shipped off in sloops and sold at St.
Thomas' and Curacoa (p. 489). Kidd purchased a
sloop from Bolton, loaded her with plunder, and, leaving
the Quidah Merchant in Bolton's hands in a lagoon on
the coast of Hispaniola, coasted along the shores of
1 He had been Collector of Customs there. See MSS. of the
Duke of Portland, Historical Manuscripts Commission, Vol. VIII.,
p. 82, where the position of the ship, moored in the River Higuey,
is indicated.
PREFACE. xv
Pennsylvania, and communicated with his friends in New
York. He touched at various spots well known as
"receptacles" of pirates' goods, and landed bales and chests
in Delaware Bay, Block Island, and Gardiner's Island
(G80 XL). When this was accomplished he opened
negotiations with Bellomont from Long Island (621).
He can hardly have expected that the story of his
innocence would prove convincing. He probably relied
upon purchasing his pardon or escape by bribing the
Governor and his gaolers (pp. 334, 369). For in
addition to his jewels and gold dust, and his diamond-
buttoned waistcoat (746) he had strong cards to play
in the buried treasure (pp. 367, 368) and the hidden
pirate-ship, whose identity he endeavoured to conceal.
But just as a ship was being despatched from
Boston in search of the Quidah Merchant, the
master of a trading vessel reported that he had
seen her on fire. " There never was a greater liar or
thief in the world than this Kidd," Bellomont exclaimed
in exasperation (p. 369), and set himself to recover what
he could of the pirate's deposits. But of all the rumoured
"near half a million sterling on board in bullion" (740
xili.), only a few thousands were traced and seized
(p. 368). A document (740 xx ), so romantically rotten
that it might serve as a frontispiece for one of Stevenson's
novels, gives Kidd's inventory of the treasure in his chest
deposited in friendly hands on Gardiner's Island. In view
of contemporary and subsequent belief in the value of
the cargo of the Quidah Merchant, it is worth observing
that, whilst Kidd suggested that the value of the cargo
of the " great ship left . . where nobody but himself
could find out " was 300,000 (p. 366), Bellomont
himself estimated the value of it at not more
than 70,000 (621), chiefly in perishable bale-goods.
There is, besides, abundant indication in this volume that
the deposits made by Kidd, like the main cargo, were
at the disposal of his friends. Finally, the fact that
xv j PREFACE.
the Quiclah Merchant "was apparently never found" 1 is
not strange in view of the evidence that she was
burned (680 x.), probably by Kidd's orders, after having
been emptied by his agents, in order to avoid identification
(p. 369).
Meantime Bellomont had been unable to get a bill
passed for punishing pirates with death (680, 746), the
"sour part of the Council" of the Massachusetts Bay
replying to his arguments by asking what " the Laws of
England had to do with them ; they were too much
cramped in their liberties already." Seeing that the gaol
was now filled with Bradish's crew and with Kidd and
his men, the Governor waited anxiously for orders from
home (746). " 1 would give 100 they were all in
Newgate." (1,015). For it was one thing to capture pirates
and clap them in gaol ; it was another to keep them
there in a country where gaols were not fast, gaolers
not reliable (pp. 128, 335, etc.), and where the sympathy
of the people was by no means unanimous on the side
Capture and of law and order. Bradish, a boatswain's mate, who had
Escape of
Bradish. turned pirate and run away with a ship whilst his captain
was on shore (247), having deposited his booty on Long
Island and sunk his vessel, had, together with his crew,
landed and scattered over the Continent. Several of them
were seized in New York, Boston and Connecticut. Less
than a fortnight before Kidd was arrested, Bradish himself
and Tee Wetherley had escaped from Boston gaol, with
the connivance of the gaoler, whose conduct Bellomont
could with difficulty induce the Council to resent
(pp. 335, 368, 554). The offer of a handsome reward
He is retaken, led to their being retaken by the Indians in Maine
(p. 487), and in November Bellomont had the satisfac-
Captureof tion of announcing that the "arch-pirate Gillam," alias
Kelly (1,015), was in irons in Boston. This man, who
had murdered Capt. Edgecomb in his sleep and seized
the East Indiaman, the Mocha, had been a-roving in
^Dict. Nat. Biog.
PREFACE. xvii
the Red Sea and Indian Ocean with such success that
it was reported from Madagascar that the Mocha had
taken over 2,000,000 sterling (1,011). Gillam then
made his way to the West Indies, and, after being
harboured in Rhode Island, was allowed to escape
to the nest of old pirates at Long Island, the east end
of which rivalled even the Quaker Government of Khode
Island as a "receptacle" of pirated goods (1,011 iv., v.,
p. 472). Bellomont, however, was warned that Gillam
was coming to Boston, and he gives a very lively account
of the circumstances of his arrest there (1,011).
In spite of these captures piracy continued to flourish.
"Pirates multiply very much," Bellomont writes in
August, "and will endanger a total loss of the trade from
England to the East Indies, unless speedily suppressed.
Their retreat in all the Plantations in America must be
cut off" (746, 769 xvin.). Frequent instances occur of
seamen seizing their ships and turning pirates. Such, in
James' River, was the fate of the ship in which Col.
Webb, the retired Governor of Providence Island, was
taking home the property which, Bellomont suggests, he
had accumulated by treading in the footsteps "of his
predecessor Trott, the greatest pirate-broker that ever was
in America " (p. 414). The ex-Governor himself narrowly
escaped being murdered "with one of my own bayonets,
which was called the Silent Instrument " (550). In fact,
in many of the Plantations, a large part of the population
seems to have been in favour of or in league with the
pirates. Piracy and unlawful trade were "the beloved
twins of the merchants of" New York (p. 69). For
the boundary line between piracy and illegal trade was
easily overstepped.
Illegal trade, which was to a large extent the outcome
of the narrow and selfish policy of the Colonial system,
tended to increase as the Acts of Trade and Navigation
became more severe, or were more rigorously enforced
12208
xvi ii PREFACE.
(573). Governors and people had alike encouraged it.
A host of smugglers and lawless men had thus been
bred, who were ready either to turn pirates or, what
Trade with wa s even more profitable, to trade with pirates (p. 361).
How profitable was the business of bringing back pirates,
as passengers, with their booty, from Madagascar to the
Plantations, how openly this trade was carried on, and
with what connivance, may be gathered from the voyage of
the Nassau under Capt. Giles Shelley (512, 512 n., 530 1.,
p. 361, etc.). The Nassau was one of those ships, which
had been fitted out from New York in, the previous year,
designed, as Bellomont then suspected, for trade with the
pirates at Madagascar, and for which he had in vain
endeavoured to induce the Council to take good security
(706). In the presence of such profits as Capt. Shelley
could show (5 12 ii.), it is not perhaps surprising that
"the sweetness of gain" should "draw many aside"
(1,011 IV.), or that Shelley, having "so flush'd 'em at
New York with Arabian gold and East India goods,"
was able to set the Government at defiance (p. 402).
inadequacy of Shelley 's success in landing his cargo and pirate-
Indian passengers depended (512n., p. 403), like that of other
Squadron. .,11,1 i ,1 r
illegal traders and pirates, upon the presence of accom-
plices ashore, and upon the absence or inadequacy of the
naval police. Already, early in the year, the Governor
of Barbados had written to point out that with only
one " heavy, crazy vessel, miscalled a cruizer " at his
disposal^ he was powerless to annoy pirates, though pirates
might well annoy the trade of Barbados (72). A few
months later the Providence, a pirate ship of 26 guns
and 150 men, who said they had 3,000,000 sterling
aboard (711), sailed into Linhaven Bay, and seized a
merchantman, after an engagement with H.M.S. Essex
prize, which lasted four hours and ended in the man-of-
war being forced to take to her heels. Whereupon from
Virginia and Massachusetts Bay came renewed demands
for protection (693, 905, p. 403). Bellomont suggests a
PREFACE. xrx
fifth-rate for New York and a fourth-rate for Boston,
since " many of their ships are a match for a fifth-rate "
(p. 404, No. 769 xviii.). The evil of piracy, in fact, which
we have seen growing in former volumes, had now
reached such magnitude that the whole legitimate trade
of America was threatened with ruin, whilst even the
towns upon the coast were not safe from piratical raids
(877, 877 1.).
The Work of The Council of Trade and Plantations were fully alive
the Council of
Trade and to the gravity of the situation. The present volume gives
evidence in plenty that they had a full share of the
business energy and enterprize characteristic of the period.
The range of their activities was very wide. They dealt
in the course of this year with many important, some
elaborate, and some delicate affairs with tact, wisdom and
strength. Their papers, thanks, no doubt, in large measure
to the excellent method of Mr. Popple, the Secretary,
were kept in orderly and business-like fashion. Accepting
the economics of the XVIlth century, they fulfilled the
terms of their Commission most industriously. By their
new Commission (532) Lord Stamford and Lord Lexington
took the seats of Lord Bridgewater and Lord Tankerville
at the Board, The Council, as a rule, were on the side
of the Angels, supporting good Governors and checking
bad Governors, fostering and regulating trade and shipping,
upholding British claims, adjusting boundaries, rebuking
injustice, inculcating business-like habits in the new
countries, and occasionally even exercising the kindly
function of a diplomatic schoolmaster in reconciling a
Governor with an angry resident. The steps by which
the difference between Mr. Lucas and Governor Codrington
was composed (233, 335, etc.), teem with quiet humour.
None the less, the effecting of such a reconciliation must
always be of considerable practical value in a small
community.
xx PREFACE.
Endeavours Nor were the Council of Trade behindhand in recom-
piracy and mending measures for the protection of the Colonies both
by land and sea. They pressed for an increase in the
number and quality of the men of war in those parts
(29, etc.), and backed the demands of Lord Bellomont
and Governor Grey (275, etc.). They met, however, with
little encouragement from the Admiralty, who declared
(42, 330 i.) that the increase was unnecessary, and that
they could not spare the ships. There were, of course,
strategic reasons for not scattering the Navy (1,089),
especially as the present peace was generally felt to be
little more than a breathing space. But, apart from this,
the furnishing of a sufficient Naval force to check piracy
on the scale to which it had now grown, must be a
costly affair. All good administration is, amongst other
things, a question of money. And there are many indica-
tions in this volume of the lack of it. The expense
of the wars abroad and embezzlement at home had drained
the Treasury. Every department suffered accordingly. In
the Navy Rear-Admiral Benbow found his activity crippled
by lack of men and the badness of his sails (p. 503);
the salaries and incidents of the Council of Trade Office
itself were seriously in arrear (226, 588, 050, etc.), whilst
in New York, as in Newfoundland, the soldiers were left
unpaid, naked, and starving (121, 217) at what risk we
shall presently consider.
The Council of Trade and Plantations, then, was not
likely to rely wholly upon the Naval Police to suppress
piracy and illegal trade. By the Act for preventing
frauds and regulating abuses in the Plantation Trade
they had secured the erection of Courts of Admiralty
' : to counteract the partiality of the people " in cases
relating to the breach of the Acts of Trade. Through
these Courts, and these only (p. 47), some convictions
were, with difficulty, obtained (138, etc.). Circular letters
were again addressed to the various Governors (July 6),
PREFACE.
XXI
Intimidation
of Custom
House
Officers.
urging them to enforce the Acts of Trade and Naviga-
tion, and to protect and encourage the officers of the
Customs and of the Admiralty Courts (601).
In his preface to the Scarlet Letter, Nathaniel Haw-
thorne has drawn a delightful picture of the patriarchal
veterans, " seated like Matthew at the receipt of Customs,
but not very liable to be summoned thence, like him,
for apostolic errands," whom he found under his charge
at Salem, when he held office as Surveyor. Honesty
was not their foible, nor were their labours exacting.
But in the year 1699 the task of an honest Custom
House Officer was a singularly difficult and disagreeable,
if not dangerous, one. The officer appointed to survey
and search Oyster Bay on Long Island, "where great
quantities of goods are run," resigned in fear of his
life, within a month (p. 211), nor could Lord Bellomont
induce even a Lieutenant of one of the New York
Companies, though "a brisk man and ready to starve
for want of his pay" (p. 212), to fill the post. In
Bermuda the undaunted Surveyor General of Customs,
Mr. Randolph, spent more than half the year once more
"rotting in a gaol" (392), as the reward for executing
his Commission, In Barbados, several merchants and
planters, engaged in illegal trade, openly proclaimed that
they " will make it not worth any man's while to serve
the King here, and that if any of the Custom House
Officers shall for the future presume to put in execution
the unreasonableness of the Acts of Trade and Navigation,
it shall cost them a thousand pounds sterling but that
they will either get them turned out at home or ruin
them here." And they so intimidated the officers who
made seizures in the port, that they were ready to throw
up their commissions, saying "it was hard indeed a man
must either be forsworn, betray his trust, or be thrown
into a gaol and ruined by these most dangerous
sort of people." The ink has been dry upon this
xxii PREFACE.
document (476 n.) for over two hundred years, but the
emotion felt by these honest officers still shines forth
from the decent obscurity of their blanks and dashes.
It was necessary therefore to commend the support given
to the Custom House officials by Governor Grey, and to
exhort others to encourage them. The experience of Col.
Quary at Philadelphia (138) will illustrate the need there
was for similar encouragement of officers of the Admiralty
Court.
The question of the right of appeal in certain cases
had been raised by the Governor and Council of the
Massachusetts Bay. It was represented by the Council
of Trade, in concurrence with the opinion of the Attorney
and Solicitor General, that according to their Charter an
appeal of right should be allowed in personal actions
involving the value of over 300, but in any action
arising out of the seizure of a ship or goods appeal
should lie, whatever the value, since otherwise illegal
traders might easily arrange to evade appeal by taking
care that no seizure could exceed 300 in value (234,
646).
Patent An attempt was also made to put in force the Order
Offices.
in Council obliging holders of Patent Offices to residence
in the Plantations, since it was seen that underpaid or
unqualified Deputies were not likely to be the most
efficient administrators (104, 177, 552, 769 xiv.).
Measur Letters were also written to the Governors directing
for suppress- them to use their utmost diligence in suppressing piracy
(June 6, 552). In view of the " support and encourage-
ments " which pirates received, especially in the Proprieties
and Charter Governments, the Board had proposed the
enacting of Laws in the Plantations, for the trial and
punishment of pirates, in conformity with the law previously
passed in Jamaica to that purpose. Acts " for punishing
privateers and pirates " were accordingly introduced in
the various Assemblies, but, as passed, the provisions of
PREFACE. xxiii
the Jamaica Act were so mutilated as to be rendered
futile (495). Steps, were therefore taken for laying a
Bill before Parliament to deal with the matter next
year (945). In the meanwhile "considering the want of
laws in some places for punishing them, the insecurity
of the gaols in many, and the great partiality and favour
of the people towards them almost everywhere " (774),
directions were given for sending home for trial in England
all the pirates and their goods seized in any of the
Plantations (749, 774, 924). A man-of-war the Rochester
was despatched at the beginning of December to bring
back Kidd and the other pirates accordingly, but, meeting
with a storm at sea, she was forced to put back to
Portsmouth, severely damaged (1,034). Strict injunctions
were also given for the prosecution of Bolton and Burke,
and for the punishment of the Boston gaoler (856, 860,
1,042).
With a view to checking the irregularities of trade and
government in the Charter and Proprietary Governments,
the Act of Parliament had been passed, which, as the
result of the Representations of the Board, obliged
Governors to have the King's approbation for acting in
that capacity. We find that during the present year the
Council of Trade took pains to make the Proprietors and
Governments present their respective Governors to His
Majesty, and, in order to his approbation of them, to
give security for their observance of the Acts of Trade.
We shall see, next year, how little success they achieved
in that direction.
Finally, on Nov. 9, the Council of Trade returned to
the charge, and again represented the need for stronger
naval protection. The growing danger is painted in
lively colours. The mere sending for the pirates
now in custody would not suffice: "The sum of our
advices import that the pirates hovering upon those
coasts do not only surprise ships coming into or sailing
xxiv PBEFACE.
out of their ports and sometimes sink and destroy
them, but enter into their very bays and harbours,
plundering such ships as they can surprize of their
rigging, provision and ammunition, debauching and
engaging many of the seamen to quit their honest employ-
ments and go along with them, fitting out such of the
ships they surprize as they find proper for their purpose
with the things that they plunder from others, manning
their ships with the men whom they so debauch and
increasing thus their strength to such a degree that the
apprehensions of future mischief may not only be from
single ships but squadrons, and the corruption already
spread and still further spreading by this means amongst
our seamen may in the end prove too universal, that
we humbly conceive the consequences are greatly to be
dreaded. For the remedy, therefore, the Governors
having complained to us of the insufficiency of the
ships of war appointed to attend their respective
governments, we offer that such a sufficient force of
well sailing ships as may be thought necessary and
proper to clear those seas from pirates be appointed for
that service " (943). This representation was referred to
the Admiralty, but without eifect.
Restrictive It was the commercial policy of England, as of other
Trade Laws J
countries, to secure by restrictive laws a monopoly of
the Colonial trade for the mother country, thereby fostering
her carrying trade and ensuring the opportunity of taxing
Plantation commodities (791); and also to crush every
manufacture which could compete with home industries.
A striking instance of such restrictive legislation is
supplied by the clause which the Board submitted to the
House of Commons, to be added to the Bill for
encouraging the woollen manufacture in England (40).
It was intended to repress the woollen manufacture,
which was growing up among the colonists, and to
destroy the inter-colonial trade therein (32). The theory
of Trade, in fact, was that the colonists " should be only
PREFACE.
XXV
employed in such things as are not the product of this
kingdom " (32). The Council of Trade was not behind-
Encourage. hand in encouraging Colonial produce of this sort. The
ment of cer-
tain Colonial supply of Naval Stores is a case in point.
Produce.
The Eastland Company, which enjoyed a monopoly of
the trade in pitch and tar, with which Sweden supplied
the British Navy, had inordinately raised the prices of
those articles. This rise in pric'e led to the opening of a
new source of supply in the virgin forests of the West.
A Commissioner from the Navy Board was despatched
to New England and joined with a Commissioner of that
colony to inspect the woods lying upon that coast and to
report upon the prospects of obtaining supplies of masts,
pitch, tar and rozin from the American Colonies. Some
of his reports, destined to bear fruit in the Acts of 1703
and 1711 encouraging by bounties the import of tar,
pitch, hemp and masts, are printed in this volume. A
cargo of specimen timber was despatched home (p. 428).
Meanwhile Edward Randolph reported enthusiastically of
Carolina as " the only place for such commodities " (183),
whilst Lord Bellomont, after carefully comparing the
advantages of New York and New Hampshire in this
respect (267), begot a scheme for the production of
Naval Stores, which he elaborated in great detail and with
much satisfaction (878, 894). His plan, which was to
answer " the two greatest ends that can be thought of,
the defence of the Colonies and the furnishing
England with Naval Stores " (p. 152), was to employ
1,000 soldiers in making tar, pitch, rozin and turpentine,
giving them 4d. a day beyond their ordinary pay,
and keeping back a shilling a week out of it, in
order to provide them with the necessary capital for their
houses and stock when, at the end of seven years' service,
they should settle on grants of land. Bellomont nursed
his bantling scheme with jealous pride (817, 894), for
others, he found, were eager to "plough with his heifer."
The consideration of the whole matter occupied the Board
XXVI
. PREFACE.
next year. Meantime, Bellomont saw to it that the
cutting of trees fit for masts for H.M. Navy was pro-
hibited (878 iv.), and, in his zealous fashion, did his utmost
to stop the shipping of timber from New England to
Portugal, where he feared it might be converted to the
use of the French King (986). We see, then, in this
year the first beginnings of the vast trade in timber and
tar, which has- lasted down to the present day. The
timber trade had already reached considerable proportions
in New Hampshire (769 xiv.). And from Carolina, as
well as pitch and tar, came a fine sample of the rice-
crop, which had been recently introduced from Madagascar
(671).
Admiralty The arrangements to be made for providing English
ships, trading with the Plantations, with Admiralty "passes,"
in order to secure them from seizure by the Algerines,
was another matter intimately affecting Colonial Trade,
which occupied much of the time of the Board. And
in connection with the developement of the commerce of
the Plantations, it is interesting to observe that in many
Currency of quarters the demand for a properly regulated currency
tions. began to be increasingly felt. In many of the Colonies
all transactions were still conducted in terms of truck and
barter. As the words " fee " and " pecuniary " embalm
the cattle-standard of a primitive pastoral society, so the
business of the early Planters was expressed in values
derived from their staple article of production ; in New-
foundland they calculated in terms of fish, in Virginia
of tobacco, in the Leeward Islands of sugar; in Montserrat
a lieutenant is allowed Is, Gd. per diem, or 12lbs. of
sugar (173); in Maryland four negroes, or 100, is the
alternative form of a reward (652). No commercial
community can remain satisfied for long with such a
system of exchanges, but when the colonists turned to
coins they were confronted by a medley of sous and
dollars, of pieces of eight and Venetians; the coinage of
all countries, of no certain value, which passed at different
PREFACE.
rates of exchange in the various Plantations. This must
have been a serious check to trade, and a growing desire
is manifested to fix a currency by law. The Governors'
Instructions warned them against dealing with the question
without permission from home (766).
imperial "Posterity," says Burke, "will perhaps think it un-
Defence.
accountable that, in a matter of such importance, we
could have been so thoughtless as to have on our back
such a nation as France, without determining, in any
manner, even sufficiently clear to settle our own demands,
what part of the country was our own right, or what
we determined to leave to the discretion of our neigh-
bours ; or that, wholly intent upon settling the sea coast,
we have never cast an eye into the country, to discover
the necessity of making a barrier against then), with a
proper force ; which formerly did not need to have been
a very great one, nor to be maintained at any great
expense. That cheap and timely caution would have saved
us thousands of lives and millions of money, but the
hour is now passed." ]
Probably in no year, even in the history of England,
was the problem of Imperial defence treated, I will not
say with the thoughtlessness which Burke imagined, but
with such deliberate and criminal folly as in the year
1699. In any scheme of Imperial defence it was obvious
that the Province of New York was the " key and
bulwark of the Colonies on the mainland " (121). The
security of this, the most advanced, frontier of the English
Plantations, was of the utmost importance to the existence
of the rest (p. 153). It was represented, again and
again, by Bellomont, by the Agent for New York in
London (121), and by the Council of Trade (128), that
this frontier was being left exposed defenceless to the
Miserable attacks of the French. The wretched garrison of 400
GarVison and men, now diminished by death and desertion to less than
Forts.
1 "An Account of the European Settlements in America."
PREFACE.
200 naked and starving soldiers, was urgently in need
of recruits and pay. It was shewn that the forces had
received scarcely a farthing of pay or subsistence for
twenty-six months, and that Bellomont's credit, which he
had pledged with the victuallers on their behalf, was
exhausted. For want of timely repairs the forts were
" more like pounds than forts," and, at Albany, so rotten
were the platforms that the Governor did not dare to
fire a gun (p. 172).
It was pointed out that, not only was the fur- trade
jeopardised by this weakness, but, unless a show of force
was constantly maintained in New York to protect them,
the alliance of the Five Nations was at stake. Our
Indians, indeed, had suffered terribly. At the beginning
of the war they had numbered 3,500 ; they were now
reduced to 1,100 (250), and seemed on a fair way to
extinction (77 I.). And this was due, not only to their
losses during the war, but also to clandestine murders
by the French Indians since the Peace (pp. 136, 471).
The uneasiness of the Five Nations was increased by the
apparent weakness of the English, the detention of some
prisoners by the Governor of Canada (198), and by the
rumour, industriously circulated by French missionaries,
that the King of England intended to disarm them.
Bellomont exerted himself to combat the inclination of
the Indians to treat with the Governor of Canada, and
to shelter themselves beneath the power which seemed
the strongest. Their defection to the French, followed
by that of the other Indians, would be fatal. To
counteract the " sinister artifices " of the French Jesuits
(p. 153) he proposed the sending forth of English
Protestant missionaries ; he proposed the building and
repairing of the forts ; he asked leave to hold a conference
with the Governors of Pennsylvania, Maryland, Virginia,
and Carolina, at Philadelphia, with a view to calling into
existence a new trade with new nations of Indians, such
as the Dowaganhas, who lay to the westward, behind
PREFACE. xxix
Virginia and Carolina, in order to redress the balance of
the old (77 1., p. 471). Otherwise, he foresaw the French
would soon engage and train the Western Indians to
fight for them. Their success in so training them was
already sufficiently alarming. " Formerly 100 of our
Indians would have made 1,000 of 'em run, and now it is
the French have taught 'em to fear ours so little as that
they will venture to fight 'em upon the square " (p. 153).
Energetic For the French were making every effort to "debauch
Preparations
of the French: and inveigle' the Indians from their alliance with the
English (77 1.); and to extend their dominions "further
than is consistent with the interest of England" (p. 153).
In Canada they kept an establishment of 1,500 men
and were strongly fortifying Quebec ; they were busy
building and repairing their forts, of which they were
said to have no fewer than eight between Quebec and
Montreal (267).
News came, too, that M. de Touti had planted a fort
700 miles from Canada, in the Dowaganhas country.
The object of the first series of forts, lying close together,
was to encourage settlers on the border ; the object
of the remoter forts was, clearly, to establish a trade
and influence among the Indians that lived " upon the
back of His Majesty's dominions."
Contrast But, whilst at the bidding of their superiors the
Jesuit and French Jesuits were ready to face every risk and hard-
Protestant
Missionaries, ship and to set up a sphere of influence in every Indian
' Castle," however distant, for love of the cause, no
Protestant ministers could be induced, even by the offer
of 100 a year, to answer the earnest and repeated
appeal of the Indians themselves, to go to teach
Christianity to the Five Nations (p 555). Indeed, the
Protestant clergymen who were tempted to the West
Indies at this period were not of the sort likely
to think the hope of a reward in another world sufficient
encouragement to turn missionaries (458).
xxx PREFACE.
Reduction of And, whilst Bellorriont was patriotically endeavouring
the New York _ 3
Garrison. to impress the authorities at home with the incalculable
riches of the American Colonies and with the risk that
was being run of losing them (267, 878, 1,011), the
party politicians with their nine hours debate in the
Commons (Dec. 6) were intriguing to wreck him, and
advice was offered at the Council Board, by which, in
direct opposition to the recommendations of the Council
of Trade, the establishment of New York was reduced
by one half, to four companies of 50 men each.
Neglect of the As to the neglected forts on the Canadian frontier,
English Forts. C
upon which the very existence ol New York, Jersey,
Pennsylvania and Connecticut depended (116 i.), almost
nothing was done. Bellomont insisted upon the necessity
of repairing the forts of Albany and Senectady, and of
building two new forts, one to the North- East of
Albany, at the end of "Corlaer's Lake," and the other
in the Onandage Country, in the heart of the territory
of the Five Nations, opposite to the French fort at
Cadaracqui (p. 153). These forts he proposed to
garrison with 1,000 soldiers, whose expenses were to be
defrayed by his scheme for the production of Naval
Stores (p. 153). As to the expense of building and
maintaining them, it was felt that New York could not
be expected to bear the whole of it, but that the other
Colonies, who benefited by them, should contribute their
quota. Nothing, however, was done, though some steps
were taken towards a decision as to whether the
Colonies should pay for their own military stores. The
Council of Trade did indeed obtain permission for Col.
Homer, the Engineer, to remain in America and repair
fortifications (15), whereupon Bellomont despatched him
to survey and estimate for forts to be built at Piscataqua,
Pemaquid, and the " Island which commands the harbour
at Boston," as well as the frontier forts (384, 116 vi.).
His report upon the defences needed at Boston is of
interest (533). But Bellomont could not induce the
PREFACE. xxxi
Colonists to take any steps to secure their own safety.
" There being now a peace, they have no remembrance
of the war" (p. 412). Nor would they raise a finger to
secure the fishery on the Eastern coast. " So long as
they can sleep securely in this town of Boston, they look
no further" (p. 413). From every quarter the same reports
came to hand, of forts out of repair, of defences useless,
of Colonies at the mercy of France or Spain should war
break out (863, 895, 1,089, p. 105), and of Assemblies
unwilling or unable to take a share in the task of
Imperial defence (262, 954 HI.) The necessary business
of replenishing the stores of war was delayed by doubts
and discussions as to whether the Imperial or Colonial
Treasuries should pay the piper (833, 849, 884). Mean-
while, the Assembly of Antigua refused to billet Col.
Collingwood's regiment, declaring that " free quarters were
an abomination to the King and contrary to the
fundamental liberties of the people " (56, 662). Steps
were taken to relieve the necessities of the unfortunate
garrison of Newfoundland. Some recruits, also, were
despatched, who were, however, surprisingly returned
(913, etc.).
French \Ve nave already referred incidentally to the activity
Aggression.
of the French in Canada and their enterprise in dealing
with the Indians through their Jesuit missionaries to
the prejudice of the English. The struggle between
France and England for supremacy in the Western world,
which was to be fought out with such deadly intensity
throughout the coming century, was, indeed, being carried
on strenuously enough in the present year of Peace.
Bellomont, in one of the letters in which he was urging
the necessity of increasing the forces in New York,
allowed himself to indulge in an interesting prophecy.
" Secure this province and you secure all the English
Colonies, not only against the French, but also against
any insurrections or rebellions against the Crown of
England, [if] any such should happen, which God forbid.
xxxii PREFACE.
1,000 men regular troops here and a fourth-rate man-of-
war at Boston and a fifth -rate here at N. York would
secure all the English Plantations on this Continent firm
in their allegiance to the Crown as long as the world
lasts. And I am of opinion, whenever another [war] happens
with France, the French might easily be driven out of
Canada" (p. 153). Prophecy, as George Eliot observed, is
the most gratuitous of all errors. We, with the easier task
of prophesying after the event, can perceive that it would
have been truer to say that, until England had conquered
the French and subdued the Indians for the Colonists,
no revolt was possible, and that, when she had done so,
then, if she persisted in enforcing the Navigation Laws, revolt
was inevitable, though it need not have been successful.
Protests continued to come to hand (15) against
the encroachment of the French upon the New
England territories, their claim to extend their boundary
westward to the Kennebeck River and to sovereignty
over the Five Nations, as well as protests against their
efforts to enforce (746vn.) their pretension to the sole
right of fishing off the coast of Nova Scotia (247).
Preparations were made in London for discussing these
questions with the French Commissioners, who were to
treat about the boundaries in America (9, 15, 22, p. 39).
The English case is clearly stated by the Council of
Trade and Plantations in an important document (108),
dealing with the whole matter. By no one were the
deliberations of the Commissioners appointed by the Vllth
Article of the Treaty of Ryswick awaited with more
anxious interest than by the Governor and Company of
Hudson Bay. Adventurers trading into Hudson Bay. They had been
left, to use their own phrase, " the only mourners by the
. peace." They had suffered enormous losses during the late
war; the injuries they had suffered previously had been
made one of the articles of war, but they feared now
that they might be "left in worse condition than they
were in before" (570).
PREFACE. X xxiii
Article VII. of the Treaty compelled the restoration
to the King of France and the King of Great Britain
respectively of "all countries, islands, forts and colonies,"
which either had possessed before the declaration of war
in 1690.
However satisfactory this may have been in Nova Scotia
and Newfoundland, it did not meet the case of the
Hudson Bay. For the ownership of this region was
claimed by both parties before the war.
What constituted priority of claim was in those days
a very difficult question among the nations. Whether
mere discovery or temporary occupation couM give the
right of ownership was much disputed. " To establish a
rightful possession of a country," the French Ambassador
postulates (370), "it is not sufficient to have discovered
and even inhabited the same for some time; but an antient
possession, or a continual habitation, or a trade at least
carried on are requisite." The French, indeed, claimed to
have "made the first discovery of the Bay to the North of
Canada, and the first settlements for carrying on the trade
there" (370), but they seem to have based their preten-
sions upon the theory that the Bay was part of Canada
(370), and upon the settlement of York Fort, or Fort
Bourbon, as they called it, on the River Ste. Therese
(Hayes River) by Radisson and Desgrozelliers in J682.
Of this they had been dispossessed two years later (26G),
but, at the very moment when the Treaty of Ryswick was
concluding, they had recovered York Fort, and had seized
one of the Company's ships (570). They now demanded
to be kept in possession of the Fort and to have the
bottom of the Bay restored to them (370).
It was the Company's deputation to the Hague,
which, presumably, had secured the stipulation in
Article VII. of the Treaty of Ryswick that "Com-
missioners should be appointed on both sides to examine
and determine the rights and pretensions which either
xxxiv PREFACE.
of the said Kings have to the places situated in
Hudson Bay; but the possession of those places which
were taken by the French during the peace that
preceded this war, and were retaken by the English
during this war, shall be left to the French, by virtue
of the foregoing articles. The capitulation made by the
English on Sept. 5, 1695. shall be observed according
to the form and tenor; the merchandizes therein
mentioned shall be restored; the Governor at the fort
taken there shall be set at liberty if it be not already
done; the differences which had arisen concerning the
execution of the said capitulation and the value of the
goods there lost, shall be adjudicated and determined by
the said Commissioners ; who, immediately after the
ratification of the present Treaty, shall be invested
with sufficient authority for the setting of the limits
and confines of the lands to be restored on either side
by virtue of the foregoing article, and likewise for
exchanging of lands, as may conduce to the mutual
interest and advantage of both Kings."
Now that the meeting of the Commissioners was at
hand, the Company began to petition for the upholding
of the claim of the Crown to Hudson Bay and of their
own proprietary rights therein (136, 137, 1,098). They
were ready to prove their claim, provided that the
French should be called upon to advance the grounds
of theirs. They presented a memorial containing their
statement of the case on March 4th (150), and to this
the French replied with what they complained was a
"frivolous paper" (178). They denied the French claim
to be the first discoverers and settlers of Port Nelson
(266), and, in reply to the answer of the French
Ambassador, demanded to be maintained in possession ot
all their places in the Bottom of the Bay, and also
to be restored to their Factory of York Fort in
Port Nelson, with satisfaction for all damages (494,
1,024).
PREFACE. xxxv
Frenchciaims Among the West Indian Islands, the French displayed
to Tobago and , . , . , . .
st. Lucia. the same energy in pushing their claims as they did
upon the mainland. St. Lucia, that lovely spot which
was destined to be deluged in French and English blood
throughout the XVIIIth century, lay, like Tobago, under
the government of Barbados, and, like Tobago, was the
object of English, French and Dutch ambition (36G).
Both islands were used by the Planters of Barbados as
timber-stores from which they drew the supplies of fuel
necessary for their sugar-works (970, 1,087 i.). St. Lucia,
moreover, had a good port and was too close to Barbados
to be allowed to pass into the hands of a stranger.
It was, in fact, the key to the Windward Islands (775,
1,087 I.). When, therefore, news came from Governor
Grey that H.M.S. Speedwell had found a party of
Frenchmen busy establishing a settlement there (571),
orders were soon despatched to him, in accordance with
a Representation of the Council of Trade, directing him
to give notice to any foreigners to remove within a given
time under threat of forcible expulsion (883, 923, 939 i.).
The rumour that a Company was being formed in
England to settle Tobago (367, 973) led to a protest
from the French Ambassador, who asserted the claim of
France to that island by right of conquest from the Dutch
and by virtue of the Peace of Nimeguen (921 i.). To
this it could be answered that the French invasion was
transitory and merely affected the Dutch, who had no
right to transfer the superior title of the Crown of
England (973, 1,087 i.). Two rival Companies had, in
fact, been formed in England, with the object of resettling
Tobago (219, 973). They were encouraged in their scheme
by the Agents of the Duke of Courland, who held a
grant and tenure from Charles II., which had, however,
been declared to be forfeited in 1686 (420).
Two of the documents referred to (973, 1,087 i.) are of
some interest as throwing light both upon the early
history of the colonisation of Tobago and upon the
xxxvi PREFACE.
position of the Caribs at this period. They are a memorial
by Capt. Poyntz and the report of the Agents of Barbados.
The latter advocated the same policy for Tobago as for
St. Lucia. They were to be kept as " pieces of wood-
land," and not to be colonised at all for the present.
No more English Colonies, it was urged, should be per-
mitted in the West Indies, until those already settled
should be fully peopled and fortified (420, 1,087 I.). This
plan of concentration is a recurrent note in the Colonial
policy of the time. The settlement of a Plantation upon
Tobago was accordingly forbidden (420, 422), and instruc-
tions to that effect were despatched to the Governor of
Barbados (551). In the light of these documents it
appears scarcely accurate to say, with the historians, that
Tobago at this period was "a kind of No-man's land,
not annexed by any European power." (1)
I now pass from matters of general concern to deal
with the affairs of each Colony.
Lord The year 1699 sawJLord Bellomont strenuously engaged
New York. in his single-handed task of fulfilling the King's instruc-
tions and correcting abuses in the Provinces under his
charge. He proved himself the " honest and intrepid
man " that William had judged him to be when he
granted his commission. He was, moreover, an unsparing
worker. Throughout his whole sojourn at New York,
he says, he was "perpetually in business from five in
the morning till ten at night " (p. 364). A full idea
of his activity and the difficulties which confronted him
as an administrator can only be gathered by a perusal
of his racy, voluminous and characteristic correspondence,
which forms a considerable part of this volume. The
Council of Trade wrote on Jan. 5 commending his clear
dispatches, his industry and application in reforming
abuses, and his dealings with the Indians. But he received
no letter from them for over six months, and this silence
(^ Lucas. West Indies, p. 261,
PREFACE. xxxvii
from home added to the strain of his position. It
was interpreted by the Jacobites an:l friends of Fletcher
as indicating that he had fallen into disfavour with
Ministers (116, 381 iv., v., 726). This silence was doubly
embarrassing, since Bellomont had pledged his credit to
the uttermost with the New York Victuallers oil
behalf of the neglected and starving garrison (121).
The case of But whilst he was busy piling up charges against
Governor
Fletcher. Fletcher, and accumulating evidence to prove his
roguery in granting away Crown Lands in New York
to his friends and in mis-appropriating the revenue (116,
175, pp. 138, 406), the Council of Trade, having heard
the late Governor's reply to the complaints brought against
him (26, 44, 48), made their report to the King. They
recommended that further proceedings should be taken
against him (167). The charges of encouraging piracy
they found proved. In the matter of granting commissions
to Tew, Glover and Hoare and taking insufficient
securities, they found Fletcher guilty at least of careless-
ness, and not unnaturally considered that his explanation
of his intimacy with the Pirate Tew, namely, that it
proceeded from the pleasantness of his conversation and
a desire to reclaim him from an ill habit that he had
got of swearing (p. 96), called for no comment.
The proof of the charge of conniving at illegal trade lay
in a scrutiny of the revenue and accounts of the Province
during Fletcher's government. But Bellomont could find
none fit to be trusted with that task (384, p. 97),
and was obliged to leave for Boston without having
accomplished it. In his absence some of these accounts
were stolen (p. 217). As to the charge of embezzlement
by aid of false muster-rolls, the Council of Trade reserved
their judgment, and they did not hold Fletcher responsible
for the neglect of the frontier forts. Even apart from the
fact that they were undoubtedly the rewards of political
support, his large grants of land to individuals could not be
regarded by competent Statesmen as otherwise than contrary
PEEFACE.
to His Majesty's service and the needs of the Colony.
The creation of a few landed monopolists Palatinates, as
Bellomont calls them (467) would be fatal to the growth
of the needed class of military yeomen upon the frontier
(167, p. 404).
It was one of Bellomont's first duties to secure the
revocation of these " exorbitant, irregular and uncon-
ditional grants" (p. 98). Writs were issued for an
Assembly to meet on March 2 (41), but, owing to the
Hudson River being blocked with ice, it did not meet
till March 21 (317). The elections were fought with
extraordinary keenness, and in some places "fighting and
broken heads " occurred. Supporters of Fletcher's party
and the Jacobites "rode night and day about the country"
and strained every nerve to secure a majority and to ruin
Bellomont's credit, by adopting as their cry the abolition
of Customs (pp. 173, 177). Nichols, whom Bellomont had
ejected from the Council, and whose character would
hardly bear investigation (317 n., vi., vn.), was the leading
spirit of the "angry party." In Queen's County, where
three quarters of the electors were said to be downright
Jacobites, many, who had pretended to be Quakers in
order to avoid taking the necessary oaths, indulged, after
the election, beneath the eye of "their padrone, Nichols,"
in a drunken and disorderly riot (p. 174). The Fletcher-
ites, on the other hand, had reason enough to complain
of Bellomont's electioneering methods. He had already
revised the Commissions of Peace and Militia, and the
Sheriffs' list, "inclining the balance a little to the Leisler
side " (pp. 100, 194). And other charges were presently
brought against him.
When the Assembly met it was found that sixteen
out of the 21 members were Leislerites. Bellomont
in a characteristic speech (198) recommended the
reconciliation of parties, moderation in debate, and added
that "the angry men of New York must expect no
more connivance at their ill practices." With Abraham
PREFACE. xxxix
Gouverneur, who had married Milborne's widow, for
Speaker, the Assembly expressed their loyalty and their
appreciation of Bellomont (317 vni.), and, in their
Petition and Remonstrance (317 x.), showed themselves
to be in tune with the Governor's views. They
suggested compensation for the families of Leisler and
Milborne, the removal of Fletcher's coat of arms from
the Chapel in the Fort, and, for the better administra-
tion of Justice, asked for able Judges and competent
counsel to be sent from England. The Bill restoring
the estate of Jacob Milborne was passed (327). A
fixed revenue for six years was voted.
The Assembly, however, would not consent to impose an
additional duty in order to pay off the Government debt,
and Bellomont despaired of raising the money needed to
put the fort and Governor's house in order, "unless
Fletcher be made to refund " (p. 192). The spirit of
the minority is indicated by the amendment of Captain
Whitehead, that the word "happy" be omitted from
the phrase "late happy Revolution," which occurred in
a Bill. It is noticeable that Fletcher's party called
themselves " the English party," and tried to bring
discredit upon the Leislerites as being mainly Dutch.
" I discourage all I can these distinctions of Dutch and
English" says Bellomont (317).
Bellomont's instructions directed him to constitute
Courts of Justice in the country. The Chief Justice,
Col. Smith, however, and the Attorney General declared that
the Crown had no power so to establish them. Bellomont
yielded under protest and consented to submit a Bill to
the Assembly. The Bill, however, was mangled by the
Representatives ; and Bellomont found himself obliged to
refuse his consent to it (381), not without a suspicion
that he had been outwitted and that, upon a failure of
justice in the country, the odium would naturally fall
upon him (p. 210). The Bill for punishing Privateers
and Pirates was passed, but that for the conversion of
xl PREFACE.
Indians and negroes was rejected, the New Yorkers
fearing, apparently, that Christianity might spell emanci-
pation of their slaves (p. 176). The problem of the
employment of the poor had been exercising the thoughts
of the Statesmen in England at this time, and it was
recommended in the Governor's Instructions that a bill
for the provision of workhouses should be introduced.
But the Representatives smiled at it " because, indeed,
there is no such thing as a beggar in this town or
country, and I believe there is not a richer populace
anywhere in the King's dominions " (p. 176) a fact
which, added to other indications of the value of
labour, throws light upon the prosperous condition of
the Colony.
Revocation of At the beginning; of May Lord Bellomont introduced a
Exorbitant
Grants. Bill for annulling some of the extravagant grants of land
made by Col. Fletcher without reserve of quit-rents.
There were over a dozen such grants (pp. 175, 192, 193,
363). But Bellomont only felt himself strong enough in
the first instance to break the grants of his more immediate
political enemies. The grants of Bayard, Dellius and
Capt. Evans, and the lease of the King's Farm to the
Church and of the King's Garden to Col. Heathcote were
first attacked. Even so, the Council was equally divided
upon the Bill. Three of the Council, including the Chief
Justice, Col. Smith, were themselves among the leading
" Palatinates," and voted, not unnaturally, against it.
The Governor gave his casting vote in favour of the Bill,
which was passed by the Representatives " with a cheerful
concurrence," and the addition of a clause depriving Mr.
Dellius of his benefice at Albany (p. 175). Dellius was
a Dutch Calvinist minister, a drunken, treacherous,
disreputable parson, not above suspicion of treasonable
correspondence with the Jesuits, who had used his influence
with the Indians to defraud the Mohawks of their land, and
was guilty of suborning his own converts (250, 250 xi., 675,
p. 433). He now, after endeavouring to make mischief in
PREFACE. xli
New York (250 x.), was supplied with funds by the opposition
and left for England, where, it was hoped, he woidd be able
to enlist the sympathy of the Church, since the vacation
of the lease of the King's Farm could be made to appear
as an attack upon Church property (pp. 100, 138, 175, 361).
The vacating of these grants had stirred up the " implacable
rage and fear of the grantees " (p. 175), and Bellomont
felt himself unable to " abolish the rest of the Palatinates "
(467), unless he was reinforced by peremptory orders from
home (pp. 175, 362, 405) and the support of a good judge
and a smart, active and honest Attorney-General (p. 193).
The landed interest was roused. Bellomont despaired of
recovering the arrears of quit-rents (384), and suggested
that the remainder of this business should be done by
an Act of Parliament, by which also the "sole right of
all the woods " should be reserved to the King, with a
view to the provision of Naval Stores (p. 405).
Beiiomonfh L or( l Bellomont had the defects of his qualities. His
Enthusiasm,
actions, like his letters, reveal him as an energetic
administrator, but also as by nature a partisan, an
-impulsive, honest, energetic one, it is true, but still a
partisan. His enthusiasm, unwisely displayed in the case
of Leisler, and his attacks upon Fletcher and Fletcher's
supporters were not calculated to restore order and
confidence. They roused Fletcher and Fletcher's supporters
to make every effort to wreck him (169), and to supply
Bayard with funds at home, " believing that money could
do anything at Court" (pp. 70, 219). The Council of
Trade thought it necessary to check Lord Bellomout by
recommending that no Act of retaliation or retrospective
vengeance should be passed (66). But he allowed him-
self to reverse a judgment given by Col. Fletcher and
the Council, a proceeding which, whatever the merits of
the case, could not be upheld as desirable policy (p. 176).
an'i The opposition with which Bellomont had to deal was
Difficulties.
vigorous enough, even without unnecessary provocation,
and might well have overwhelmed a less single-minded
xlii PREFACE.
man (pp. 212, 219). He was badly served, and found
himself powerless to put the law in force, "for want
of honesty in the officers of justice" (740). He had
to rely upon indifferent collectors (p. 212), an ignorant
and incompetent, if not dishonest Attorney General
(p. 403), a Collector who knew 7 more law than the
Attorney General and ridiculed him (p. 474) ; a Clerk of
the Assembly who had been convicted of coining (p. 215),
and a Secretary who came to blows with the Naval officer
in the Governor's House, because he had given information
about some East India goods (740 xix.). "The very soul
of Government went upon crutches," for those who practised
at the bar, from the Chief Justice downwards, had been
soldiers or dancing-masters but were no sort of lawyers
(134), and Bellomoiit elsewhere describes them as a
"parcel of vile knaves and Jacobites" (769 xiv.). He can
do nothing, he repeats again and again, without a good
Judge and an honest, able Attorney General from England,
a man-of-war commanded by an honest, stout captain,
and pay and recruits for the four companies. Otherwise
piracy did and would prevail in the province of New
York, and unlawful trade could not be suppressed (740).
As it was, he could get no one suspected of piracy,
whether Baldridge or another, " prosecuted here, that
hath ten pieces of eight" (384), He might hear of
"some of Fletcher's pirates" in the town, but they were
"too well befriended to be given up to justice" (343).
He was equally powerless to prevent the carrying on of
a trade with Canada, large quantities of French silks
being imported through Albany, and horses and mares
being exported thence to supply the French with a
valuable asset both for war and trade.
In response to Bellomont's repeated requests, it was
decided to appoint a Chief Justice and Attorney General
from England, who were to officiate as Judge of the
Admiralty and Advocate General, "with particular regard
to pirates and illegal traders " both in New York and
in the neighbouring Colonies (1,061, 1,062).
PREFACE. xliii
The Five Bellomont's successful and energetic dealings with the
Five Nations of Indians gained the applause of the
Assembly (222). He was no longer confronted by the
military policy of Frontenac, but by the not less
dangerous manoeuvres of the new Governor of Canada,
De Callieres. I have already referred to the French
attitude of covert aggression in America. It was of
the utmost importance for them to obtain, as for the
English to keep the support, or at least the friend-
ship of the Five Nations. Documents in the present
volume reveal the play of French endeavours to make
a treaty with the representatives of the Iroquois at
Quebec, and to influence them against the English by
means of their traders and Jesuit missionaries. A letter
from Lord Bellomont to the Governor of Canada, ex-
plaining the instruction honourably given to him by the
English Government to concert measures to oblige the
Indians on both sides to live in peace and respect the
Treaty of Kyswick (130), was represented to the Indians
as a plot to betray them (740 xxxix., p. 406). And
De Callieres seized the occasion of announcing his
accession to the Government to give a Jesuit missionary
an opportunity of tampering with the Five Nations
(1,011, 1,011 xxv. XXVIIL). It was felt to be necessary
to take steps to remove the French missionaries from
English territory (1,011 xxn.), whilst Bellomont, as we
have seen, urged the more active propagation of Pro-
testantism.
In April it was decided to send two Commissioners to
Onondage, to rebuke the Sachems for having sent to
Canada to treat with the French, in pursuance of the
action of the Commissioners for Indian affairs at Albany
(245, 250 vii., VIIL). A conference was arranged to meet
at Albany. The detention of Indian prisoners by the
French was at the root of their uneasiness (198, 740
xxvii.). It was agreed that they should be allowed to send
to Canada to claim them, and they repeated their request
xliv PREFACE.
for a fort to be built in the Onondage country (Vermont),
and for instruction in the Christian Religion (740 xxvii.,
xxxii., XXXIIL, xxxvii.). In July Bellomont was able to
report that the French Governor had set the prisoners free
and that the Indians were in a good humour (675), but
in November he had to report further signs of unrest, and
declared that unless their demands for a fort and the
teaching of Christian Religion amongst them were speedily
complied with, the friendship of the Five Nations would
irrevocably be lost (1,011). It was decided to encourage
them to re-settle Schaakhook (622, 747). I have already
referred to the project for opening up a trade and alliance
with new nations of Western Indians, the Shateras,
Twichtwichts and Dowaganhas, who lay beyond Maryland
and Carolina (p. 136), a policy strongly advocated by
Robert Livingstone, the capable Secretary for Indian Affairs
(250 ix.).
On May 16th Bellomont prorogued the Assembly of
New York and left for Boston (467). Here he learned
that the English Minister at New York, whilst omitting to
pray for the Governor, had offered supplication for the
return of Uellius to his flock. Seeing that Dellius was
deprived of his benefices by an Act of Assembly, Bellomont
considered this such an affront to Government that he
determined not to return to New York till Vesey, the
offending minister, should be punished (679, 771 A., p. 404).
Massachusetts i n the history of Massachusetts the documents in the
present volume reveal little of importance beyond the
matters to which I have already referred. In the light of
the previous history of the Colony it may be considered a
remarkable sign of a change of spirit that the arrival of
an Anglican Governor, appointed by the King, was long
preceded by a hearty invitation from the Representatives
(116 vii.). The settlers meanwhile were applying them-
selves to the development of their Plantations in the
enjoyment of the Peace and respite from the attacks of
the Indians. But the Lieutenant Governor, Stoughton,
PREFACE. xlv
again expressed their nervousness as to the French
encroachments upon their territory and fisheries (247).
But, now that there was peace, the Colonists could not
be persuaded to take any steps in their own defence
(746). On the first of June Bellomont addressed the
Assembly, and recommended, amongst other legislation
(486, 746), an Act reviving the Courts of Justice. The
former Act had been vetoed because it expressly contra-
vened the Acts of Trade (73), and the Council of Trade,
in the letter in which they pointed this out, added a
warning against ''an undue practice now too common in the
Assemblies of the Massachusetts Bay," as of other Colonies,
of making temporary laws and renewing them from time
to time, "whereas they ought to be made indefinite, if
they are good, or, if otherwise, not made at all " (p. 39).
It is obvious that the expedient of passing temporary
laws and re-enacting them \vas, or might be, a device
for avoiding the Royal Veto. Directions were therefore
given to Governors that all laws should be made in-
definite, except those intended for a temporary end, and
that they should not re-enact any law, in any case, more
than once (p. 39). So far as the struggle over the
Courts of Law is concerned, the Assembly gave way.
(746. See preface to preceding Volume of this Calendar.}
An Act for settling trade with the Eastern Indians was
also passed (93, 746, 1,004), whilst the matter of estab-
lishing a Post Office was left over (p. 413). Bellomout,
however, had a sharp tussle with the Council, not only
over the passing of a bill to punish pirates with death,
in which, as we have seen, he was defeated (p. 413),
but also over the right of the Governor to nominate
officers, in which he held his own (p. 415). Though
personally popular with the Bostonians, he could not
induce the Representatives to vote him a permanent
salary. He did not appreciate either the amount of the
sum they voted for his annual " present," nor the
precariousness of his salary. But it was a cardinal point
xlvi
PREFACE.
Harvard
College.
New
Hampshire.
in the policy of the Colonists to keep control of the
purse-strings. It was a point upon which Bellomont did
not live long enough to fight them.
Though his fervent Protestantism and the genialty of
his Irish nature rendered him acceptable to the
Colonists, he could not persuade them to forget the
Presbyterian tradition of New England so far as to
omit a clause introducing a vague religious test for the
President and Fellows of Harvard College. The College
had been left without a constitution by the abrogation
of the Charter of the Colony. A previous Act for
incorporating it had been repealed because the right of
visitation had not been reserved to the Crown (73).
Bellomont felt himself obliged to refuse his consent to
a Bill already twice rejected, which contained a clause
excluding members of the Church of England from the
Government of the College. He proposed an application
to the King for a Charter to incorporate the College,
but what he terms "the sour part of the Council"
would not hear of it (657, 746, 746 vin.). Meantime,
in the absence of any settlement of the question, it was
decided that the Government of the College should be
carried on by the Gentlemen of the late Corporation
(678).
There are indications of some activity in building at
Boston, and a new bridge at Cambridge was put in
hand.
Lord Bellomont left the Massachusetts Bay to visit New
Hampshire on July 27. He found that Colony in an
extraordinary state of unrest. The Councillors were
squabbling over the right of Usher, the ex-Lieutenant-
Governor, to sit in Council (34). Partridge, the Lieutenant-
Go vernor, was turning his training as a shipwright to account
by engaging in the trade of exporting timber to Portugal,
a trade which justly roused Bellomont's ire, but which on
the part of a public officer was not contrary to law (986).
Col. Allen himself, the Claimant Proprietor, violent,
PREFACE. xlvii
hectoring, needy and unscrupulous, with the tempting vision
of a vast rent-roll before his eyes, was endeavouring to
promote his claims to the land by packing the Commis-
sions with officers of his own choosing, supporters of Usher
(116, 116 viii., 769). He was charged, too, with seizing
a ship, the Hopewell, and embezzling the cargo (890 xx.,
894 xvii.). It may well be believed that, as Allen remarks
in his letter to the Council of Trade praying to be
confirmed in his claim, the people "regarded him as a
common enemy " (831). He suggested that nothing but
military force would reduce them to obedience (34). At
the beginning of January, in reply to the complaint of the
Assembly that the Governor was substituting ill-qualified
for well-qualified officers and to their protest against the
admission of Usher to the Council, Allen had dissolved
them "as finding their aim was to strike at the King's
honour and prerogative" (19). On July 31 Bellomont met
the Council and summoned the Assembly for Aug. 7
(689).
In response to a petition of the Council, he immediately
suspended Allen's tools, the Chief Justice, High Sheriff
and Justices (689, 769), and presently appointed Waldron
Secretary in place of Allen's nominee, Shcafe, who was
represented as indigent and dishonest (715). The various
charges and replies of Usher, Partridge, Allen and
Waldron were heard in Council and Assembly.
As to Usher, Bellomont's judgment of the Bostonian
bookseller turned administrator is probably sound. His
complaints proceeded " more from his unhappy, choleric
temper than any occasion given" by Partridge, etc. "I
believe he meant well, but might have managed the
people of New Hampshire easily enough, had his carriage
been more moderate |f (p, 426). Bellomont pointed out the
intolerable position created by Col. Allen's vast and
undecided claim to the lands (p. 427), and urged that the
forests of New Hampshire should be reserved as
nurseries of timber for the King's navy (p. 427, etc.).
xlviii PREFACE.
Nothing could be more unsatisfactory than the position
of New Hampshire as a small, independent community
with a frontier exposed to the raids of the Indians.
Bellomont reassured the Assembly by promising aid in the
event of hostilities. His plan was to bring clown a party
of Mohawks to subdue the Eastern Indians, and he urged
the home authorities to oblige the people of Massachusetts
Bay to contribute to the charge of an expedition, in
which they would be as much concerned as the people
of New Hampshire. Incidentally he laughs at the
squeamishness of the Court at Boston, which refused his
offer of a band of New York Indians, to fall upon the
Eastern, scrupling to " use the devil to destroy the devil,"
although the war with the Eastern Indians, they admitted,
had cost them 100,000 and the loss of 1,000 families
!, 769).
Beiiomont's In September Bellomont repaired to Rhode Island and
report upon
the govern- there, according to his instructions (163), enquired into
Rhode island, the " disorders and irregularities" of the Government of
that astonishing Community of " Quakers and Demi-
Quakers." It does credit to his diplomacy and the charm
of his personality that, although he expected "a million
of curses" for his pains (787), he seems to have secured
a considerable measure of popularity during his stay.
That stay lasted no more than a week, but in that time
he collected, as he says, "matter enough to prove that
Government the most irregular and illegal in their admin-
istration that ever any English Government was " (929).
He suggested that the Charter had been surrendered to
King James and re-assumed without authority, but that
"the record of it is surreptitiously done away with a
common practice with that Government " (975). Beiio-
mont's report upon the affairs of the Colony will be
found under 1,002. It is evident that many of the
irregularities arose from the Government being composed
of ignorant, illiterate and unbusiness-like men, with no
adequate sense of responsibility and no training in the
PREFACE. xlix
necessary routine of official duties (699, 709, 929, 1,002).
In many details of administration they had acted
contrary to their Charter and the provisions of their
Constitution. But many irregularities also arose from
deliberate disaffection to the English Government, which
was held to be "little better than slavery" (1,002); as
well as from notorious and deliberate connivance at piracy
and illegal trade (99, J,002). The Gortonian Deputy-
Governor granted letters of marque, which were likely to
be abused and were abused, contrary, as it was said, to
the will of the Governor (709); the inhabitants of the
Island plunged whole-heartedly into profitable harbouring
of pirates and dealings in pirated goods. Whilst Rello-
mont was investigating the behaviour of the Government
of Rhode Island, a letter from the Council of Trade was
on its way, sternly calling them to account and warning
them to reform the abuses complained of (709).
Dispute about Bellomont availed himself of the opportunity of his
g anset rra sojourn at Rhode Island to endeavour to bring the
Governments of Connecticut and Rhode Island to an
amicable settlement of their disputed claims to the
Narraganset Country, and, failing in that, he instructed
both parties to send Agents to England. The documents
connected with the dispute will be found under 975 and
Connecticut. 1,002. With regard to Connecticut, Governor Winthrop
was able to report the capture of some pirates (511) and
that the "affairs of this wilderness" (227) were all well, and
that a general contentment obtained under His Majesty's
continued grace and favour (529). Some complaints
against irregularities in the Government and obstruction
of justice, voiced by the Hallams and Edward Palms
(119, 120, 376), led to a reprimand, upholding the right
of appeal (161).
New Jersey. The claim of the Proprietors of New Jersey to a
free port at Perth-Amboy had been referred, as was
seen in the last volume of this Calendar, to the
consideration of the Lords of Trade. The seizure of
12208 d
PREFACE.
the ship Hester at Perth- Amboy, by armed men under
Bellomont's orders, when she was on the point of
being despatched upon a voyage without having cleared
at the New York Custom House, brought matters to a
head (116, 116 iv., v., 164 i.). The duel which ensued
can be followed through a series of documents indicated
in the Index. The key to them is furnished by the
letter of the Lords of Trade to Lord Bellomont (726).
The Proprietors represented that, if deprived of "a
common benefit of a port, enjoyed by all other
Colonies, the Colony would be ruined " (164 1.), and
they offered to raise the same duties in this port as
might be laid at New York and to devote one half of
them towards the maintenance of the frontier of New
York (216). Otherwise, they demanded the trial of
their claim at Westminster Hall (116, 164 1.}. The
grounds of that claim are set forth in 205, 229, 540.
They partly rested upon the appointment of a Collector
at Perth-Amboy by the Commissioners of Customs.
His position had first to be ascertained (117 1.).
The Council of Trade then seized upon the
proposal of the Proprietors and recommended a trial
at Bar, not only of the point at issue, but also of
their title to the Government, " a matter in which they
are very tender" (272, 726). At this the Proprietors
took alarm (279, 595), and explained that their proposal
for a trial was only intended as a last resort to justify
themselves against the clamours of the inhabitants.
They endeavoured to strike a bargain over the surrender
of their Government, which was to be annexed to that
of New York upon terms (593) which were critically
considered by the Lords of Trade (1,006). Meanwhile,
by trying to obtain a recommendation for the approval
of Andrew Hamilton, whom they had appointed Governor
of West New Jersey, they tried to ensnare the Board into
an implied recognition of their title (593). The Board,
however, was not to be entrapped (699, 726). Whilst
PREFACE. li
these manoeuvres were in operation at home, the state of
the Colony itself was almost anarchical (885 n.), the
authority of Governor Basse being so little respected
that he dared not summon an Assembly (p. 69).
Pennsylvania. Of the Middle Colonies, the letters of Col. Quarry reveal in
Pennsylvania extraordinary scenes "of barbarous disloyalty
and horrid impudence" (138, etc.), which indicate a
general consensus of dislike for the Courts of Admiralty, on
the part of the Friends, from the Lieutenant Governor and
Attorney General downwards (450, 694). In Philadelphia
the principle of brotherly love seems to have been
extended principally towards pirates. Even those who had
been arrested were allowed out on bail and walked "the
street with their pockets full of gold." They were the
constant companions of the chief in the Government, freely
marketed their prohibited goods and threatened the lives
of the King's Collectors, who, in a population of " Non-
jurors, Quakers, and ill-affected Scotchmen," despaired of
bringing any offenders to book (877, 877 i.). Whatever we
may think of Edward Randolph as a man and a witness,
we must think less of the Quaker Government of
Pennsylvania (495). In order to frustrate the Courts of
Admiralty and to indulge in illegal trade and profitable
traffic with pirates, the Assembly passed an Act " called
in derision An Act for preventing frauds and regulating
abuses in Pennsylvania" (450 i.-iv.). The Act was repealed;
and for giving his consent to this bill, as well as for
conniving at illegal trade and receiving presents from
pirates, and protecting them, the Lieutenaut-Governor,
Col. William Markham, was removed in pursuance of a
strong Representation from the Council of Trade (694, 750,
751). Instructions were also given to William Penn, in
accordance with the same Representation, that, as he was
about to visit Pennsylvania, he should take care to enforce
the Acts of Trade and to punish those who had opposed
the Court of Admiralty, as well as to secure the
provision and execution of laws for preventing and
lii PREFACE.
punishing piracies (p. 383), and to report upon the state
of the Province. Hitherto the practice of illegal trade
had been rather encouraged by Penn's communications and
the reputation of his great influence at Court (426),
whilst the Jamaica Act to prevent piracy and privateering
had, when introduced, been rendered futile by amendment
(495). The cause of piracy was furthered by the absence
of any military force to check it in Pennsylvania (550),
and, though the inhabitants of Lewis and Newcastle might
feel the awkwardness of having no fort, arms or militia,
when pirates plundered arid threatened their towns, the
Quaker Government refused their petition that measures
should be taken to protect their lives and property (877 I.).
Directions were therefore now given to William Penn to
attend to this want of a settled militia (706). The Lords
of Trade also recommended this opportunity of settling the
boundaries of Maryland and Pennsylvania, especially as
Governor Blakiston proposed to attend the conference of
Governors at Philadelphia.
Maryland. With the opening of the year Nathaniel Blakiston took
up the Government of Maryland (1). Governor Nicholson
was able to hand over a country, which he had found
"in some distraction and in debt" (1), restored, in spite
of the disaffection of "so many Papists, Quakers, Jacks
(Jacobites) and necessitous people," to profound peace
and quietness, and financially in a flourishing condition
(77). The new Governor addressed the Assembly at the
end of June, declaring, in a conciliatory speech, that the
interests of the King and of Maryland were identical.
After giving assurances of loyalty, the Court addressed
itself to the business of the Session, which was, briefly,
the revision of the Laws, and the provision, by a system
of Rangers, for the security of the frontiers, in face of
the unrest among the Indians. Steps were also taken to
procure the peaceful settlement of a party of Pamunkey
Indians (567, 597, 630, 653, 841). The building of a
church at Annapolis and the question of the Governor's
PREFACE. liii
residence there also gave occasion for discussion, the
Delegates refusing to provide better accommodation for
the Governor on the plea of poverty and the general
scarcity of provisions (674). For them the most exciting
incident of the year was provided on July 13. In their
Journal, amidst the dull record of business we suddenly
come upon this eloquent passage: "It pleasing Almighty
God that a great clap of thunder and lightning fell upon
the State house, the House of Delegates sitting therein,
which splintered the flagstaff, strook down the vane,
burnt the flag, and set the roof of the House in a flame
of fire, striking through the upper rooms, shattering the
doorpost and window frames, strook down and grievously
wounded several of the Delegates, and more particularly
Col. Hans Hanson, Lieut.-Col. Thomas Hicks, and Mr.
George Ashman, and, passing through the upper room,
where the Committee of Laws was sitting, strook dead
Mr. James Cranford, one of the Delegates of Calvert
County, to the great astonishment of all persons. But it
so pleased God that by the active care and personal
presence of H.E. the Governor the fire was quickly
quenched, a shower of rain happening immediately there-
upon, and the records preserved as also the house with
little or no considerable damage " (637). The Governor's
implied responsibility for the rain reminds one of the
attribute of Rain-maker, necessary to Eastern Potentates.
Meantime the Act for the service of Almighty God, etc.,
passed in 1696, was repealed, upon the petition of the
Quakers, who found that its provisions "deprived them
of the quiet liberty of their consciences" (868, 1,009,
1,018).
Virginia. Governor Nicholson found the finances of Virginia less
flourishing than those of the country he had left, and set
himself to put the administration of his province in order,
in accordance with his large experience (77, 579). The
friction between the Council and Assembly did not entirely
disappear, but there was a deal of legislation of a not very
liT PREFACE.
important kind. So far as the defence of the country
was concerned, the Burgesses refused to arm their servants,
lest they should turn upon their masters (473), or to repair
the fortifications, because naval force alone could protect
their land. The attitude of the Piscattaway Indians, whose
Emperor was guilty of harbouring the murderer, Squire
Tom, and the complaints of the Queen of Pamunkey
caused some disquietude. But perhaps the most important
event of the year was the passing of a Bill, and the laying
out of land at Middle Plantation, for the building of the
Capitol. It was decreed that the seat of Government
should be fixed at the City of Williamsburgh from May
in the ensuing year (891). The settlement of the bound-
aries between Virginia and North Carolina still hung fire,
the Commissioners who were sent to confer with the
Virginians lacking proper credentials (127, 334). The
Carolina. few papers connected with Carolina contain little of im-
portance. Edward Randolph's account of that Colony and
his description of its needs, development and possibilities
will be found in Nos. 183, 202.
Florida. Dr. Daniel Cox brought forward his claim to the
" Provinces of Carolana, alias Florida," maintaining that
the grant of Charles I. to Sir Robt. Heath was vested in
him. The document in which he states the English right
to the Province is of considerable interest, and clearly
indicates the rival activities of the French and English
upon the Mississipi (967). Dr. Cox's claim was found
good by the Attorney General (1,051). It was the age
of Company Promoters. Dr. Cox proposed (953 i.) to
surrender his Government and to float a Florida Company
to develope his Proprietary, receiving in return a necessary
additional grant of territory upon the sea-coast. The
Lords of Trade viewed his vague but enthusiastic
suggestions with hike-warm approval (1,082). They did
not recommend the French Protestant Refugees, who were
anxious to emigrate, to go to Dr. Cox's Proprietary
(1,014), but to Virginia. They scented the "pernicious
PREFACE.
trade of stock-jobbing," feared offence to Spain and
deprecated the danger of multiplying Plantations.
Barbados. Passing from the mainland, we find that Barbados
enjoyed a quiet but not too prosperous year. The
island was sickly (830), the seasons out of joint, the
crops, in common with those of all the Sugar Islands, were
poor (769 xiv., p. 488). Under Governor Grey, whose
efforts to enforce the Acts of Trade received particular
commendation from home (608), piracy and illegal trade
would have obtained short shrift had his repeated requests
for naval support, to which I have already referred, been
complied with. The new Assembly, which met in March,
granted the Governor accommodation in Bridgetown (880),
but refused to provide the sums necessary for the building
and repair of much needed fortifications, pleading poverty
which arose from the exhaustion of war, the pressure
of sugar duties and the oppressive monopoly of the
Royal African Company (954 n., in.). Complaints were
also made as to the behaviour of commanders of men-
of-war (954 i.), and, as the result, directions were given
that they should not impress debtors or indented servants
(946, 968). An elaborate and suggestive account of the
state of the Island in 1669 will be found among the
Addenda (1,113).
Jamaica. Jamaica, like Barbados and the Indies generally,
suffered severely from sickness at this period (85, 887).
And as from Barbados, so from Jamaica came complaints
about irregular impressing by commanders of the men-
of-war (739, 934 1., 946 1., 990). Owing to these
causes, to the earthquake and the French invasion, the
island was computed to have lost half its population
(69). Over this matter of impressing seamen and a
disputed point of authority (890 xv., p. 489), there was
considerable friction between Rear- Admiral Benbow and
the Lieutenant-Governor. Sir William Beeston, indeed,
applied to be relieved (882, 934 1.). But promotion to
the full honour and salary of Governor (901), in spite
Ivi PREFACE.
of the vicious attacks of the late Chief Justice (305,
443), combined with conciliatory representations from the
Lords of Trade (946 1.) led him to reconsider his
application. At the beginning of the year the Maid-stone
returned from Petit Guavas (45), bringing an evasive
reply from M. Ducasse in response to his demands for
satisfaction for Kelly's piracies. The Governor found
himself at loggerheads with the Assembly, who, in
spite of the pressure he put upon them by refusing to
re-enact their laws, declined to give up control of the
purse-strings by making the King's revenue indefinite
(548). Fort Charles was enlarged and rebuilt, and
"rendered very offensive" (p. 298). A description of
the state of the defences of Jamaica will be found
under (895). Neither the French nor the Spaniards
proved comfortable neighbours to the English West
Indian Settlements. Much friction was caused in
Jamaica by the Spaniards harbouring runaway negroes
(84, 85), whilst from the Leeward Islands came
complaints as to their treatment of English ships and
subjects (74, 149, 211).
Leeward The French, on the other hand, to whom part of
St. Kitts had been handed over in accordance with the
Treaty of Ryswick, claimed damages for houses and
property occupied in the English part before the war
and destroyed, according to their account, after news of
the conclusion of the Peace had been received (24 I ,
74, 74 v., 264). The English scouted the claim.
The Government of the Leeward Islands devolved upon
the President and Council of Nevis, on the death of
Governor Codrington (1,080). His son, Christopher
Codrington, the future benefactor of All Souls', Oxford,
and founder of Codrington College, Barbados, was now
appointed to succeed him, but owing to his failure to
extract from the Treasury the money due to his father's
estate (930), he refused to sail from England.
PREFACE. Ivii
His Instructions were carefully considered, and in his
case, as in that of all the other Governors, it was
decided to introduce an alteration in the clause which
implied a power of executing martial law upon soldiers
in pay even in time of peace (410). The Assemblies of
Nevis and Antigua, meanwhile, showed strong disinclina-
tion to billet the soldiers quartered amongst them (33,
46, 56, 662), urging that " free quarters were an
abomination to the King and contrary to the fundamental
liberties of the people." From Antigua came a document
to the Lords of Trade formulating the grievances of that
Island (297).
Bermuda. Bermuda had long suffered from a succession of bad
Governors. "Those small Governors," Sir William Beeston
writes contemptuously, "over a few barefooted people,
that get into those places to avoid their debts, take on
them the titles of Excellency and Captain General, which
to support they squeeze and prejudice His Majesty's
subjects and authority" (547). Edward Randolph's account
of the former Governors (326) is sufficiently vivid ; his
criticisms of the new one led to his being thrown into
gaol, "a nasty Jakes," by Governor Day, into whose hands
had fallen some blotted drafts of the Surveyor General's
report to the Council of Trade (392, 416). Randolph's
account of the Governor is borne out by other evidence
in abundance (816, etc.). He was a rogue, and a
violent, rough-tongued rogue, " more fit for a Pasha than
a Governor " (326, 392, 547), who apparently thought that
he could rely upon distance and his father's influence at
Court to lend enchantment to the view taken at home
of his high-handed ways. He proceeded to bully and
blackmail the inhabitants and the traders who approached
his Government, whilst exhibiting a supreme indifference
to law and legal procedure (235, 484, 547, 816). He
was, indeed, able to produce an affidavit to show that he
was " well-beloved " (1,030 1.), but the art of affidavit-
making is not a modern invention. The seizure of a
Iviii PREFACE.
Jamaica vessel, which had just touched on one of his rocks,
the imprisonment of Mr. Randolph and others, and his
device of burking depositions, filled the cup of his iniquity
to overflowing (668). By an order of the Lords Justices
in Council he was commanded to appoint a Commission
of Enquiry to take depositions as to his alleged irregu-
larities, and himself to forward an account of his behaviour
in writing (753).
Th , e With reference to the Bahamas, evidence conies thick
Bahamas.
as to the rascality of the late Governor, Nicholas Trott,
his arbitrary and illegal procedure in the Courts, his
aiding and abetting of the pirate Kvery (94, 385), and
his extortion in the case of a Dutch ship (445, 575).
Meanwhile, Nicholas Webb, his successor at New Pro-
vidence, after being involved in some doubtful transactions
concerning the brigantine Bahama Merchant (82, 464),
quitted his Government suddenly (505, 810), but only
to be robbed of his booty in Pennsylvania, as we have
already seen.
Newfound- Numerous documents, both in the text and the
land.
Addenda, indicate the developement of the Newfoundland
fisheries, the steps taken to supply the unfortunate
garrison at St John's (217, 793 etc.), as well as the
parallel enterprise of the French.
A few points of minor importance remain to be noticed.
Oral testimony, when reduced to writing, leads to such
popular perversions as the " Buoy and Oar " for the
Boy in the No re, and Tooth and Egg for Tutenag. On
the principle that Billy Ruffian = Bellerophon among
sailormen, I was tempted to identify the Cole and Bean
galley with Columbine, but conclude that that vessel was
called after the names of her owners. Deodard, the term
used in Nevis, according to Christopher Codrington, for
"a retreat in the mountains for women, children, old
men and negroes " (p. 463) is a word I do not find in
the dictionaries. It may possibly be connected with the
PREFACE. Hx
Spanish word for debtor deuda (?). " Bubbening along
the coast " (866) would seem to be a Scotch, picturesque,
onomatopoeic word for " beating " or coasting along the
shore, or may be mis-written. An Indian interpreter was
rewarded for his services by the gift of a ''match-coat
and a pair of pumps" (243). Matchcoat is derived
from an American-Indian word. (Oxford English
Diet.). Pump, which occurs in Shakespere, Skeat
derives from the French pompe. But Pump was the
name of a Westminster shoe-maker, and perhaps
this is the origin of the word which denotes a
particular kind of shoe or boot. I have already referred
to the unwillingness of the colonists to encourage the
conversion of their negroes to Christianity. We have
several indications of their value a negro woman in
Montserrat was valued at 3,0001bs. of sugar (696) and
of their treatment. A negro convicted of theft to the
value of ~L2d. was hanged and quartered (524), aud a
runaway was condemned to be broken in pieces and
afterwards burnt (437). A slight tendency towards humanity
is observable in the decision of the Delegates of Mary-
land to omit a clause in a Bill for cutting off the nose
or ears of negroes (674). Fire again threatened the
documents of the office of the Council of Trade, when
a chimney in the Cock-pit caught fire. Means for
making and preserving duplicates of the books and papers,
which are here transcribed, were ordered to be considered.
Meantime a competent number of sacks for rescuing them
in an emergency was ordered. The need of a Public
Record Office was already being felt by those in charge
of Colonial affairs (1,083).
CECIL HEADLAM.
COLONIAL PAPERS.
1699.
1699.
Jan. 1. 1. Minutes of Council of Maryland. Order that, as several
Annapolis, vestries have refused to levy the poor-rate ordered (Nov. 22), notice
be given them that, if any of the poor of their parishes suffer for
want of such assistance, they must expect to be prosecuted for con-
tempt. Order to publish Mr. Robert Yard's letter and the order
about French soldiers. Order for the 60 allowed his Excellency
for the Council Chamber to be paid out of the 3rf. for arms. He
will allow the balance to lie in Col. Blakiston's hands. Mr. George
Tubman's appeal for mercy considered and as "he has lived very
private and pensive and seems to be heartily sorry for his error "
(Cal. 1698, Oct. 28), his suspension remitted. Letter from Lord
Bellomont, Nov. 12, read. Order to send home accounts of the 3d.
for arms.
Jan. 2. Letter from John Povey, Oct. 27, relating to Navigation
Bonds read and the Attorney-General ordered to keep the judg-
ment upon such bonds in force. To the complaint in the same
letter that he had not sent home the public accounts, George
Muschamp replied that he had received no particular orders there-
for, but had transmitted the account until March last and would
now transmit the rest as soon as possible. He and George Plater
made oath to their several accounts. Collectors and Naval Officers
who had not done so ordered to make oath to the nearest Councillor
as to their accounts and lists of shipping.
Col. Blakiston produced his commission. Governor Francis
Nicholson informed him that he had appointed Thomas Tench, a
member of Council, J udge Advocate and Registrar, in the provinces
of Maryland, Pennsylvania and West Jersey, and Col. Robert Quay
to be Judge of the Court of Admiralty in Pennsylvania and West
Jersey. He then delivered the Great Seal of the Province to His
Excellency and acquainted him that he did appoint Col. Jowles to
keep it. Reviewing the period of his government, he said that he
had found the country in some distraction and in debt, which
difficulties by the aid of the gentlemen of the Council he had waded
through, as some others, such as suspending Attorneys and denying
the oath of secrecy to the Clerk of the House of Delegates. He
recommended all those persons whom he left in commission and
A 3766. Wt. 12208. 400. M. A
J COLONIAL PAPERS.
1699.
warned his Excellency of the late commotions and disturbances set
on foot by Clark, Slye, Good and Mason. He delivered to him
various letters, the balance of the account of the revenue raised for
arms, and the communion plate given by his Majesty for the church
at Annapolis (2 large flagons, a cup, two patens, and a receiver).
Col. Blakiston took the oaths and subscribed the Test and Association.
William Bladen was sworn Clerk of the Council. Several gentle-
men present, Capt. Richard Hill, William Dent, Attorney-General,
Samuel Young, one of the Masters in Chancery, Christopher
Gregory, Peter Jennings, George Plater, Edward Balson, Richard
Beard, High Sheriff, and Mr. Orlando Greenslade, took the oaths
appointed. [Board of Trade. Maryland, 12. pp. 664-673.]
Jan. 2. 2. Secretary of the Customs to William Popple. Having com-
C HoSr nmnicated your letter of the 23rd past to the Commissioners touching
London. the marginal note on the 13th Article of Instructions from the King
to the Governors of the Plantations, I am commanded to acquaint you
that, as that Article was intended for the Governors of his Majesty's
Plantations in general, it was not so properly worded for the Gover-
nors of Proprieties and therefore thought tit to be omitted in the
Instructions to them. But if it were so worded as to restrain those
Governors themselves from making any alienations of their Pro-
prieties contrary to the Act of Parliament as well as to require them
to make their observations upon others, the Commissioners think it
may be a proper instruction for them. The 15th Article relates only
to the officers of the Court of Judicature in his Majesty's Plantations,
the Commissioners therefore see no cause to omit it in the Instructions
to the Governors of Proprieties.
As to your reference to a trade intended to be settled in the
Island of Tobago, I can yet find no footsteps of any shipping or
trade to that place, nor anything that may reasonably give
suspicion of any such trade carrying on at present from hence,
except three ships, which lately cleared from the Customs house
bound to the Cape de Verd Island, whose names are here enclosed.
But the Bench of Officers, being now made acquainted with the
apprehensions the Lords Commissioners of the Council of Trade
have of an intended settlement to be made in that island, will upon
the clearing of all ships outward upon oath administer proper
interrogatories to discover anything of that kind. Signed, Jno.
Sansom. 2 pp. Endorsed, Reed. Read Jan. 3, 169f . Enclosed,
2. i. Ships cleared in December last for Cape de Verd : John
Maxwell, the John and James ; Samuel White, the Johnson ;
Thomas Guinn, the Ann and Sarah. 5- p. [Hoard of Trade.
Barbados, 7. Nos. 74, 74 (i); and 44. pp. 236-238; and
(first half of letter only), Plantations General 35. p. 2.]
3. Memorandum of above letter. p. [Board of Trade.
Plantations General 5. No. 3.]
Jan. 2. 4. Minutes of Council of New Hampshire. Petition of James
Newcastle. Mountaes that he may not be obliged to trial at special Court
appointed, the notice being too short, granted. [Board of Trade.
New England, 49. p. 445.]
AMERICA AND WEST INDIES. 8
1699.
Jan. 2. 5. Journal of Council of Trade and Plantations. Mr. Kick
Whitehall, presented an account of English and Irish wool (981 bales) shipped
out of Scotland and imported at Rotterdam in four months from July
last.
Mr. Sansom's reply to a letter of Dec. 23 relating to Tobago
read. Resolved to let the 13th article in the Instructions referred
to stand (Cal. 1698, No. 1075) and omit Article 15 in the draft
prepared for the Proprieties.
Additions to the letter to Lord Bellomont ordered.
Jan. 3. Orders of Council for repeal of Acts of Massachusetts Colony
read and ordered to be signified to Mr. Stoughton.
Mr. Secretary Vernon's answer to letter of Dec. 29 and 30 about
interruption to our fishery caused by the French of Accadie and
about Col. Fletcher read. [Board of Trade. Journal, 11. pp.
325-327; and 96. No*. 1 and 2; and Trade Papers, 14. pp. 141-144.]
Jan. 3. 6. Minutes of Council of Maryland. The Council gave
Annapolis, their opinion that it would not be for His Majesty's service to
dissolve the present Assembly and that it could not be convened before
June 28, the day until which it stands prorogued. His Excellency
read the opinion of the Attorney-General that it was within the
Governor's power on great or emergent occasions to summon the
Assembly sooner than the precedent adjournment. The Court of
Chancery, the Court of Appeal and the Commissary's Court standing
adjourned till Feb. 23, and it being feared that the suitors would be
impeded by the hard weather from attending, they were further
adjourned till March 15. His Excellency regretted that the
Councillors lived so far from the seat of Government and, promising
never to call them together needlessly, required them to attend
when summoned. Bills for duty on tobacco on board ships in the
Province before Dec. 10 ordered to be taken payable to H. E.
Nathaniel Blakiston. An exact account of what tobacco they had
on board before Dec. 10 ordered to be rendered by ships when
clearing. [Hoard of Trade. Maryland, 13. pp. 673-677.]
Jan. 3. 7. Memorandum of letter from James Vernon to Council of
Trade and Plantations, in answer to letter of Dec. 30th, enclosing
heads of complaints (Sec Cal. 1698, 1,007) against Col. Fletcher, and
requiring them to proceed in the matter. Endorsed, Reed. Read
Jan. 3, 1698-9. [Board of Trade. New York, SA. A T o. 1 ; and
53. p. 212.]
Jan. 3. 8. Deposition of Capt. John Evans, late Commander of H.M.
frigate Richmond. On May 7, 1698, I heard an affidavit read before
the Governor and Council of New York wherein Edward Taylor
stated that he and company had been roving in the Red Sea and
taken much spoil from the subjects of the Mogul and returning with
the ship 'Jacob had bargained with William Nicoll and Governor
Fletcher to obtain protection for money. Afterwards he plainly
owned to me that he had never changed a word with Col. Fletcher
in his life, but what he had sworn was extorted from him by fear,
threats and promises of favour. Copij. Endowed, Reed. Read
Jan. 5, 1U9|. 1 p. [Board of Trade. New York, SA. Xo. 2;
and 53. p. 212.]
[ COLONIAL PAPERS.
1699.
Jan. 8. 9. James Vernon to the Council of Trade and Plantations. I
Whitehall, have laid before His Majesty your letters of 29th and 30th past
(Cal. 1698, No8. 1,082 and 922). As to the first, relating to the
interruption of the fishery about Nova Scotia, His Majesty would
have you consider the American Treaty mentioned in the said
papers, whether the pretentious of the French in this particular are
thereby justified, or what else you observe in that treaty that is
liable to be laid hold of to the disadvantage of His Majesty's sub-
jects. As to what relates to Col. Fletcher, His Majesty would have
you proceed in that enquiry in order to your making your report
upon the whole matter. Signed, Ja. Vernon. Endorsed, Reed.
Read, Jan. 3, 169f. [Board of Trade. New England, 9. No. 49;
and 37. p. 88.]
Jan. 4. 10. Journal of Council of Trade and Plantations. Letter from
Whitehall. Mr Ne i sonj Boston, Nov. 4, read.
Jan. 5. Col. Fletcher attended as desired, and presented a deposition
by Captain Evance to invalidate that by Ed. Taylor.
Sir Henry Ashurst presented a copy of the submission of the
Eastern Indians, 1693, and promised to bring an account of the
boundaries between Accadie and New England.
Letter to Lord Bellomont signed.
Representation signed to present to His Majesty copies of
instructions prepared by the Commissioners of Customs to the
Governors of Barbadoes, Jamaica, and Proprietors of Rhode Island,
Connecticut, Pennsylvania, Carolina and Bahama Islands.
Instructions for the Jersies ordered to be suspended till some
resolution be taken about Perth Amboy, and for Leeward Islands
till a Governor be appointed.
Memorial from the contractors with the Czar of Muscovy for
the importation of tobacco into his dominions to obtain an easy
admission into the Russia Company read. [Board of Trade.
Journal, 11. pp. 327-329 ; and 96. Nos. 3, 4, 5 ; and Plantations
General, 35. p. 3 ; and Barbados, 44. p. 238.]
Jan. 6. 11. Copy of the Treaty of Peace concluded by Sir Wm.
Phipps, Governor of the Massachusetts Bay, and the Eastern
Indians, Aug. 11, 1693 (vide Cal. 1693, 545). The Indians submit
to the Crown of England ; undertake to return all English captives
without ransom ; in case of disagreements with English subjects,
agree to abide by the laws of England ; and give hostages. Signed
by many witnesses, interpreters, and Indians whose marks are
reproduced. Endorsed, Presented to the Board by Sir Hen.
Ashurst, Jan. 5th, 169|. 3 pp. [Board oj Trade. New England, 9.
No. 50 ; and 37. pp. 99-104.]
Jan. 5. 12. Minutes of Council and Assembly of Nevis. The Council
proposed that a gratuity should be given to the Clerk of the
Council. The Assembly agreed to allow him 4,000 pounds of
sugar for one year only, on condition that he read all petitions,
endorsed the orders thereon and returned them to the petitioner
gratis. Charles Williams, minister of St. Paul's, begged pardon
for uttering scandalous words, saying the Council had done him
high injustice. It was agreed to fine each member of the Council
AMERICA AND WEST INDIES.
1699.
and Assembly who, without good reason, failed to appear in
Charles Town by 9 a.m. each day they were summoned. The
forfeiture tcfbe spent by the respective members. [Board of Trade.
Leeward Islands, 64. pp. 485, 486.]
Jan. 5. 13. Two orders of King in Council. Six Acts passed in
Kensington. Jamaica 1695, 1696, approved and confirmed. Duplicate of one
defaced required. Endorsed, Eecd. Read May 17, 1699. [Board
of Trade. Jamaica, 8. Nos. 103, 104 ; and 56. pp. 313-315.]
Jan. 5. 14. Minutes of Council of New York. Licence to collect
Fort William charity granted to Samuel Terrell, of the County of Suffolk, on the
Henry. island Nassau, yeoman, who has lately been burned out of his
house. Petition of Joseph Langdon on behalf of a woman referred
to the Justices of Peace of Queen's County on the island Nassau.
[Board of Trade.
New
Payment of certain officials ordered.
York, 72. p. 181.]
Jan. 5. 15. Council of Trade and Plantations to Gov. the Earl of Bello-
Whitehal!. mont. Since our letter of Oct. 25 we have been making what
progress we can. We have received yours of Sept. 14, 21, Oct. 21,
24, and Nov. 7, 8, 12. We observe and highly commend your very
great application in reforming the many abuses and taking measures
to improve the Province of New York, and are no less sensible of
your Lordship's exact and clear method in all your dispatches. But
in regard to Mr. Brooks' collection of the revenue we should have
been glad to know what information you gave the Lords of the
Treasury. You will have received the letter of the Lords Justices
of Oct. 28 wherein are such instructions as will enable you, we
hope, to settle the affairs of the Province. As to your going to New
England or staying at New York, we leave that to your own prudence.
Besides the general representation upon which their Excellencies'
foresaid letter was grounded, we laid before them another offering
our opinion that Col. Romar might stay longer for the repair
of the fortifications, with which they were pleased to concur,
though we understand their orders will come too late. We also
proposed that two hundred recruits might be sent for the forces, but
upon that no determination has yet been taken. But we are not
unmindful of the necessity of recruits and of provision for the pay
of the forces, which matters in all proper occasions we shall promote
to the utmost of our power. What you have advised us about
the Governor of Canada insisting upon the French King's
right of soverainty over our Five Nations of Indians has been
laid before the King, as also what Mr. Stoughton has informed
us about the encroachments made by the French of Accadie
upon the territories of New England and their pretence to
the sole right of fishing upon the banks in the high sea which lie
off that coast, all which matters will come properly under con-
sideration when the French Commissioners, that are to be sent
hither to treat about the bounds of territories in America, do arrive.
You will easily conceive that our representation upon the state of
the Province could not be made without a long deduction of many
matters of fact, as we received them from your Lordship, relating
to Col. Fletcher. We have been ordered to hear him upon those
COLONIAL PAPERS.
1699.
matters and report our opinion. We shall hear both him and
Mr. Weaver and your Lordship shall be duly informed. We have
not had time to digest your letters of November for any report, but,
upon reading that of the 8th, we cannot but think it highly
necessary you should proceed to cause an exact account and thorough
audit to be made of the accounts, as you propose, that any
corruption may be detected and the guilty made to refund or sutler
as justice shall require. With regard to your desire that a soldier
may be pardoned for killing an Indian Sachem (See Col. 1698,
No. 988), we must answer that the Indians are known to be of so
vindictive a temper, that the pardoning of any who has done them
so capital an injury is a matter of very nice consideration ;
lest their resentment of such an offence should tend to alienate
their affections. Though some of them have interceded for this
man's life, you ought to be very well assured of their general
inclination before he be absolutely pardoned ; we leave him therefore
in the meantime under suspension. We hope Col. Cortland's and
Mr. Graham's testimony will prevent any inconvenience arising
from the Clerk's error (Cal. 1698, 988). However, if you send us a
copy of the commission of oyer and terminer, that may perhaps
enable us to judge better. Besides the papers which you have
transmitted to us relating to Col. Fletcher, there has one thing come
occasionally from Maryland, referred from the Commissioners of
Customs to the Commissioners of the Treasury, from them to the
Lords Justices and from them to us. Certain letters of denization
bearing date Nov. 5, 1697, granted by Col. Fletcher to Arnauld
Nodine, a French man, in such extensive terms that upon the
seizure and trial of a vessel, whereof he was Master, in Maryland,
he was adjudged there to be qualified to trade as an Englishman,
which being of evil consequence to England and directly contrary
to all the Acts of Trade made here, we offered our opinion accord-
ingly and sent you a copy for guidance on like occasions. We have
received from Mr. Randolph (New York, Aug. 25) a list of vessels
cleared out in the Custom House there for Curasso and Mada-
gascar, March 25-Aug. 17, and as you have already been very
watchful upon the Trade with Madagascar and we have sent you a
late Act of Parliament for your further conduct therein (for settling
the Trade to the East Indies), so we cannot but advise you to be
watchful upon the return of those vessels, that they be not allowed
in anything contrary to the Acts of Trade. Upon this mention of
Madagascar, which has been the great rendezvous of pirates, it
may be proper to acquaint your Lordship, that preparations have
some while been making here for sending a squadron of ships of
war to suppress them there and at St. Maria, or wherever else in
those seas they can be met with, and that in order to the reducing
of them, either by offers of pardon or otherwise, directions were
given for a proclamation proper for that service, in which, upon
news of Captain Kidd's having committed some notorious Acts of
Piracy, his name was ordered to be joined with Every's as persons
to be exempted from pardon, which we suppose hath been or will
accordingly be done. We approve of your conduct at your meeting
with the Indians at Albany. It is most necessary to endeavour by
all means possible to retain them in their subjection to the Crown
AMERICA AND WEST INDIES. 7
1699.
of England. We should be glad to have been told what became
of those Indians that were here, and returned to New York under
the care of Mr. Brook and Mr. Nicoll, for we doubt much of their
sincerity and suspect their inclination biassed in favour of the
French may incline them to do us more harm than good. Your
proposal (July 1st) that part of the stock of the Corporation for
evangelising the Indians should be employed towards the Instruc-
tions of the Five Nations in the neighbourhood of New York seemed
to us very reasonable, and we moved it to Sir Henry Ashurst, but
he answered that their stock was by charter appropriated to New
England. We intend to enquire further and invoke your assistance
in the matter. What you have advised us about the obstinacy of the
Jerseys in the business of Perth Amboy is a matter of great weight ;
we should not have neglected one hour in putting some order to it, but
as they found their claim chiefly on certain orders from the Commis-
sioners of Customs, we have been obliged to seek some information
from them and have not yet received an answer. In the meantime
we advise you strictly to pursue His Majesty's instructions. We are
very sensible of the inconvenience that happened upon the recalling
of the Foircji frigate by particular directions to the Captain without
any advice to your Lordship or deference to your authority, which
we suppose you have represented to the Lords of the Admiralty and
hope they will in future take care to prevent. As to the want of a
man-of-war thereby occasioned, as there is the like want also in
some others, we are preparing a representation upon the whole. We
will be mindful of your desire that one of those to be sent may trans-
port you to New England, but cannot promise it will be so soon ready
as that you ought to neglect any other opportunity of repairing
thither if necessary. Your suggestions about the forts and that
Col. Fletcher's debt would be found to be more than sufficient to
build the two forts at Albany and Schenectady if a strict audit of the
public accounts and survey of the buildings were made, is a matter
that requires further inquiry. The map of the Province you sent
us seems to be very exact and will be of good use upon all occasions,
but the printed collection of laws is not so perfect as it ought to
be. Leaves are wanting and Acts misplaced in order of time. We
entreat your Lordship to let another collection be made with more
exact care and transmitted to us. As to your desire (Sept. 21)
about the mustering of servants, we are not able to give any
directions at all. Only we send you here enclosed a copy of His
Majesty's orders about that matter. Sit/ncd, J. Bridgewater,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. " Sent
to Mr. Weaver." [Board of Trade. New York, 58. pp. 213-224 ;
and (nut flh draft), 44 A. No. 26.]
Jan. 5. 16. Order of King in Council approving the representation of
Kensington, the Council of Trade and Plantations about instructions relating to
trade to the respective Governors. Endowd, Reed. Read Jan. 16,
169. 1 p. [Board of Trade. Plantations General, 5. No. 1 ;
and 85. pp. 8, 9.]
Jan. 5. 17. Order of King in Council. The Council of Trade is to prepare
Kensington, drafts of a Commission to Lord Bellomont for an enquiry into the
irregularities at Rhode Island as proposed in their representation
COLONIAL PAPERS.
1699.
Jan. 5.
Kensington.
Jan. 5.
Jan. 6.
Jan. 7.
Jan. 7.
London.
Jan. 7.
Admiralty
Office.
of Dec. 21. Signed, Wm. Bridgeman. Endorsed, Reed. Read
Jan. 16, 169f. [Board of Trade. Proprieties, 2. No. 42; and 25.
pp. 302, 303.]
18. Order of King in Council referring annexed petition to
the Council of Trade. Signed, William Bridgeman. Endorsed,
Reed. Jan. 9, Read Jan. 17, 169f. Enclosed,
18. i. Proprietors of East New Jersey to the King. Andrew
Hamilton, Esq., by appointment of the petitioners has been
Governor of East New Jersey for many years past, and
behaved himself with so much zeal and affection to your
Majesty's service during the late war against the French
of Canada and with so much justice and prudence towards
your Majesty's subjects the inhabitants of that colony, that
your petitioners at the general request of the people have
again nominated him to be Governor and beseech your
approval. Signed, Wm. Dockwra, one of the Proprietors
and Seer, and Regr. of the Province. Endorsed, Reed.
Dec. 23, Read Jan. 5, 1698. [Board of Trade. Proprieties,
2, Nos. 43. 43 i. ; and 25. pp. 299-301.]
19. Minutes of Council and Assembly of New Hampshire. The
Representatives were sworn and chose Capt. John Pickring their
Speaker. Governor Saml. Allen addressed them.
An Act for continuing the Customs and Excise voted. It was
decided that John Usher was a member of Council.
The Assembly addressed the Governor, declaring that his conduct
had been grievous in interrupting the collection and payment of the
last Province rate, in substituting ill qualified for well qualified
persons in office, and in admitting John Usher to be a member of
Council, though all powers relating to him had been made null by the
King's Commission to Lt.-Gov. Partridge. Unless these grievances
were redressed, the House were determined to make a second
application to Lord Bellomont for relief. The Governor replied, and
dissolved them as finding their aim was "to strike at the King's
honour and prerogative." [Board of Trade. New England, 49.
pp. 447-454.]
20. Col. Fletcher to Mr. Popple. I thank their Lordships
that I am allowed to bring a Counsel on Thursday next, but know
not on what points I should instruct him, unless by their Lord-
ships' order I may be informed. Signed, Ben. Fletcher. Endorsed,
Reed. Jan. 7, Read Jan. 9, 169f . [Board of Trade. New York, S\.
No. 3.]
21. Josiah Burchett to the Lords of the Council for Trade.
My Lords of the Admiralty send the enclosed letter for your
information. Signed, J. Burchett. Endorsed, Reed. Jan. 9, Read
Feb. 2, 169f . Enclosed,
21. i. Mr. Bridger to the Commissioners of H.M. Navy. I
have delivered your instructions to Mr. Thomas Holland
to join me. I have only drawn bills for 400/. since my
arrival, and only wished to prepare you against surprise
by intimating that I intended to draw 5001. more on you,
part of which I shall expend on a guard and workmen
AMERICA AND WEST INDIES. 9
1699.
while they are cutting of timber this winter. The guard
I had before served only to view, they were seventy horse
I had from the Government of Piscataqua, four days out
of their Government, for which I was forced to pay six
shillings per diem a man and horse and find them
provisions besides. The rest the same as No. 22 1.
Copy. 4 pp. [Board of Trade. New England, 9.
Xos. 51, 51 (i) ; and 37. pp. 113-121.]
Jan. 9. 22. James Vernon to Council of Trade and Plantations. I
Whitehall, enclose copies of letters the Lords of the Admiralty have received
from their agent employed at New England to enquire what Naval .
stores may be had from those parts. His Majesty would have you
consider these papers and the other matters referred to you con-
cerning the encroachments of the French as relating to the
fishery. His Majesty would likewise have an account from your
Lordships what are the known bounds of the English Colonies that
border upon the French in North America, and what you are
informed of the pretensions of the French for extending themselves
within those bounds to the prejudice of His Majesty's right.
Signed, Ja. Vernon. Endorsed, Reed. Read Jan. 9, 169f.
1698. Enclosed,
Nov. 16. 22. i. Mr. Bridger to the Commissioners of H.M. Navy. I
Boston. have barbed a great many pitch-pine trees, in order to
make tar. I have been a progress to the southward from
Cape Codd to Road Island, all through the woods for near
200 miles out right, where I found little or no good timber,
being a barren sandy land; then came back through
Taunton woods, there I found some good timber,
but none being equal with the East parts, makes
me fix there; in this place the specimens were cut,
which Sir Henry Ashurst procured the viewing of, which
has cost me a great deal of the money I have drawn on
you, with the best management I was capable of. I have
last week been to the westward forty miles, where they plant
hemp, to encourage the people ; have put in execution an
experiment which I have made for the manuring of their
land, which of itself will produce but small hemp, and if
by this means it will produce larger and good, then I
doubt not but everything will answer your expectation.
I did design to the East where everything except hemp is
better than 'tis at Piscataqua by all the informations I can
learn, but the men-of-war being ordered home prevented
my going, sloop-hire being so very chargeable, men's
wages and victuals so dear, that I did not go this fall,
but design in the spring as soon as ever the rivers are
open to hire men and vessels if I have no frigate from you
by March, which would be much cheaper; I computed the
charges of two sloops with a guard, which will be .200
per month besides the workmen's wages, so that if you
would prevail with the Admiralty to send a small frigate,
'twould save most part of the charges, for the workmen
might have their victuals on board, the sailors might be
as labourers with a small addition of their pay, as six
10 COLONIAL PAPERS.
1699.
pence per diem, which otherwise will cost three shillings
per diem, so that we should only want a sloop to carry
the specimens, they to load and unload. If your
answer comes before March 'twill prevent this charge,
else I shall proceed according to your letter. 'Twas
impossible to have sent this summer for the season of the
year was over before I came. The trees that I have
prepared to make tar must stand till next winter before
they are fit to use, but for timber I have men now at work,
and design to send you a quantity in the spring, and rozin
with it. If you would permit me to send turpentine,
'twould be much cheaper, for those that make the rozin
save the oil, which is a great profit, and the rozin at a
much easier price, the oil being worth sixpence a quart, if
not more.
I believe the French King is putting Monsieur Deny's
project in execution (22. (n) ), for the French are
settling their East country and are encroaching into our
lines, as 'tis reported here, twelve leagues, is as good as
any of our lands for the production of naval stores ; this
offer I to you, that care maybe taken to prevent their
design before the Commissioners appointed for settling
such affairs be called home. Copy. 3 pp.
22. ii. Monsieur Denys to the French King. The splendour
of Your Majesty, when I presented you with a fox more
curious than beautiful, but which came from a country
belonging to you, so dazzled me that I forgot to make the
proposal I had intended. If there be spent on New
France, from the mouth of the St. Lawrence up to the
English (territory) one quarter of what has been spent on
Quebec that country will produce in one year more
revenue than Quebec can in forty. It is a very good
country for wine, salt, corn, ships' timber, and the fish
with which England and Holland now supply us. Signed,
Denys. Copy. French. 2 pp. [Board of Trade. New
England, 9. Nos. 52, 52 1., 52 n. ; and 37/ pp. 105-111.]
23. Memorandum of preceding letter. \ p. [Board of
Trade. Plantations General, 5. No. 2.]
Jan. 9. 24. James Vernon to Council of Trade and Plantations. I
Whitehall, enclose a copy of the French Ambassador's memorial, complaining
of the desolation made by the English in that part of St. Christo-
pher's which, by the Treaty of Ryswick, was to be restored to the
French, and demanding reparation, since the damage was done
after they had notice of the conclusion of the peace. His Majesty
would be informed whether you have any account from the said
Island that such spoil hath been committed there, and, if so, what
reasons are given for it and what your Lordships' opinions are as to
the demand of reparation. Signed, James Vernon. Endorsed,
Dated, Reed. Read Jan. 9, 169|. Enclosed,
24. i. Extract of the Memorial of the French Ambassador.
The Governor and Intendant of the French Islands of
America write that some of the inhabitants of the part of
AMERICA AND WEST INDIES. 11
1699.
the Island of St. Christopher which by the Treaty of
Ryswick was to be restored to the King my Master, having
gone there, found their houses utterly destroyed and the
forests and sugar canes burnt by the English since they
received news of the conclusion of the Peace. It is
demanded that orders be given to the superior officers to
compel those who have wrought this ruin to repair it.
French. [Hoard of Trade. Leeward Islands, 6. Nos.l.
1 i. ; and 45. pp. 319, 320.]
Jan. 9. 25. Petition of John Lucas of Antigua to Council of Trade.
The petitioner, a man of good estate, member and often Speaker of
the General Assembly, hearing many complaints against persons
greatly encouraged by Governor Codrington, endeavoured, with the
Assembly, to lay their misdemeanours before the Governor in order
to have them punished and removed from their places of trust, but
to no purpose. On hearing that His Majesty had been graciously
pleased to appoint a Committee of Trade with power to examine
into the administration of the government and justice of Antegoa,
amongst other places, the petitioner wrote, May 4, 1697, informing
your Lordships of several great mismanagements, abuses, violences,
oppressions and obstructions of justice and connivance at notorious
offences committed by General Codrington in the administration of
his government. All which he is ready to prove on oath, now the
Governor is dead. Hearing of the petitioner's letter Governor
Codrington conceived a mortal hatred against the petitioner and
studied and contrived all ways of revenge, and by his warrant,
April 23, 1698, reciting that the petitioner and his son-in-law, John
Austin, being summoned had not appeared at the Council held
April 14, he committed your petitioner to gaol to be kept there
until he produced his own body and the body of his son-in-law, and
having sworn two of his creatures into the Council above the
number directed, procured an order of Council, May 5, 1698,
that your petitioner should continue in custody until he gave
security of 5,000 to appear at the next general sessions
to answer all Bills, plaints, &c., against him. During which
confinement your petitioner suffered very great hardships
and lost in his affairs and had a child died in prison with
him and was barbarousl}' refused by the Governor to see him
buried. At a Court of General Sessions, June 16, 1698, the
Governor caused two indictments to be exhibited against the
petitioner for words against him, which were brought in vgnontmnu
by the Grand Jury, and then exhibited an information against him
for writing a "scandalous libel," the letter of May 4. The
petitioner was convicted of libel and fined 100. The Governor
then claimed 5,000 damages for a scandalous libel against himself
and, without any legal proof, was awarded 2,000 damages by a
jury. Petitioner was forced to bring a writ of error before the
General Council but could never procure a full Court. Your
Lordships wrote to the Governor expressing your opinion of this
prosecution and the excessive bail required and then the petitioner
was permitted to come over, which before he had been denied. He
now prays your Lordships to examine the matters of fact alleged
12 COLONIAL PAPEES.
1699.
herein, and, since the Letter of Information of May 4 does not
make him liable to indictment and the prosecution by the
Governor is an affront to your Lordship's power and a terror to
the subject, whose right it is to complain to your Lordships, to
remit the 100 and to have relief against the heirs and
executors of the late Governor upon the judgment for .2,000.
Signed, John Lucas. Endorsed, Reed. Jan. 9, Read Jan. 27,
169f . 1 large p. [Board of Trade. Leeward Islands, 6. No. 2 ;
and 45. p. 322.]
Jan. 9. 26. T. Weaver to the Council of Trade and Plantations.
Col. Fletcher's answers to the heads of complaints (See Cat. 1698,
1007 and 1077) against him are bare allegations directly contrary
to positive depositions and other proofs. Minutes of Council and
Taylor's deposition disprove his excuse that he did not know the
ship Jacob was a pirate and that he protected the crew in compliance
with the importunity of the Council. The Council was completely
under his influence : two of them, Mr. Nicolls and Col Bayard, are
now discovered to have received rewards for getting protection for
pirates from Col. Fletcher. Taylor's deposition states the reward
Fletcher agreed upon and received. The depositions of Doctor
Staats and Alderman Lewis prove what reward he had through
Bayard for protecting Rynderson and Lewis : the deposition of the
Attorney-General about Coates shows that many other protections
were given and that the common price was known to be one
hundred dollars a man. Fletcher owns he received the ship as a
gift, when, having been informed by Taylor that she was a pirate,
it was his duty to seize her for the King. He confesses he ordered
the 800 the ship was sold for to be paid into Ireland for his
private use. He can produce no evidence of threats having been
used to obtain depositions against him. When he complains of his
misfortunes in Ireland and asks "What Governor under such
circumstances would not do the like ? " it may be answered, Lord
Bellomont, though he has suffered far greater losses and personal
prosecutions in Ireland, and yet has refused 5,000 offered
him to protect some pirates who offered Mr. Weaver 1,000
for negotiating the same. The offer was made by one of
Col. Fletcher's friends who subscribed to the certificate of his
honourable deportment in that government. He confesses (5) that
no securities for protected persons are to be found, and says that
that is because the bonds were given up at the expiration of a year
and a day. The Secretary of the Province who keeps the Records
declares, however, that no such bonds were ever deposited with
him. It is for Col. Fletcher to prove that they were ever given, or
given by sufficient persons. He excuses the non-prosecution of
the bonds, on the grounds that no complaints were brought before
him whereon to ground a suit. When a Governor takes money so
publicly he does not encourage the laying of such complaints. He
says that he never had any reward for any Commission or
Protection (4) and yet (6) admits that he gave a discharge for
Reyner's treasure seized by the Sheriff and a protection for his
person, and accepted a present of 50. Reyner had no occasion
to make such a present if his treasure and person were not both in
AMERICA AND WEST INDIES. 18
1699.
hazard on a due prosecution. No inquiries were made and no
securities taken, so that this pirate escapes as others did under
Colonel Fletcher's government, not one of them being ever
convicted or prosecuted on their return whence they set out, of
which they were assured, and made their public brags, as appears
by the Memorial of the East India Company. (8) The opinion of
the Council in favour of granting Tew and Hore and Glover
commissions is an aggravation rather than an excuse, for
Col. Fletcher well knew that most of the Council were trading
merchants, and that Tew had been a pirate, and that both he and
Hore were much given to drunkenness and swearing. Yet the latter
commanded the Governor's cellar and servants, and committed
debaucheries in his house and company. Lord Bellomont does not
entertain pirates, hospitable though he is, and take rewards from them
and then gild over the matter with the name of hospitality and the
specious design of converting them. (10) If Col. Fletcher did not
know the ship Fortune was an unfree bottom, he was the only
person in New York ignorant of her being a Dutch privateer, com-
manded by Capt. Daniell, a Dutchman, under a Dutch commission,
who hired her out. It is not strange that the Council should
consent to grant her a commission, for on her return from Mada-
gascar, laden with East India goods, taken out of Hore the pirate's
ship, when she was seized by Lord Bellomont, he learned that two
and twenty of the principal merchants of the town and several
members with the Secretary and Clerk of the Council, were
interested in the cargo. The seizure disgusted them to the last
degree against Lord Bellomont and was a great motive for their
certificate in favour of Col. Fletcher, whose government never gave
them a disturbance of that sort. (11) The insufficiency of the
securities was due to his carelessness in leaving the matter to his
clerk Honan. If he had had a care to prevent those who had been
pirates before from being pirates again, he would have seen to it
himself. (12) The customs have decreased and yet the province
was never so well supplied with East India and European goods
from Curacao and Scotland, which were, by connivance, never
seized except about 1,500 worth of Scotch goods in the Elizabeth,
which the Governor and Council discharged. The Customs of New
York for last Michaelmas quarter are two-fifths more than those
of the corresponding quarter for three years before, yet the
entries of ships inwards and outwards are far less, which
may well be imputed to the greater care of the present
governor. The prosperity of New York could not possibly
have arisen from trade with the West Indies, as is suggested,
for 'that is chiefly in flour, and owing to an Act passed
by Col. Fletcher, called the bolting Act, which gave liberty to the
whole Province, instead of the City of New York only, to bolt
flour, and so increased the opportunities of adulterating it, the
value of New York flour fell 5s. in the hundred below the price of
Pennsylvania and other flour at Barbados and the sugar islands.
Mr. Nicholls, one of his chief councillors, was paid a large sum to
get that Act passed. Col. Fletcher also forgets what he says in his
preface that the Colony never had more trade than when he left
the place, and yet explains the decrease in the Customs by the
14 COLONIAL PAPERS.
1699.
decrease in trade from Europe. More seizures of goods have been
made in the first six months of Lord Bellomont's government than
in nearly six years of Col. Fletcher's. (13) The plat of the
Province and the list of lands granted by Col. Fletcher will prove it
is untrue that almost all the valuable lands of New York were
granted away before he was Governor. It is incredible he did not
know the grant to Col. Heathcote was part of the King's Garden :
the grant itself mentions that fact. The deceit used by Mr. Dellius
in the grant of the Mohawks' land is discovered in the depositions
of Henry and Joseph, Indians and interpreters, all Christians, and
in the conference of the Indians with Lord Bellomont. The King's
farm was leased by Col. Fletcher even when Lord Bellomont was
known to be on his way out, to hinder him from the use of it for his
family, and not to forward the building of churches. The church
of New York was not built by him, but by a contribution of several,
even of the French and Dutch churches as well as English, and an
allowance of ^100 per annum given to an English minister by an
Act of the country which is levied, the greater part of it, on Dutch
and French inhabitants. There was no necessity, therefore, to
lease this farm to the churchwardens. Besides, Col. Fletcher
accepted a considerable present of plate for granting a charter to
the Dutch Church, as appears by their Church Book. Capt. Evans
gave 100 for his grant and Lord Bellomont mentions others
(Nov. 8). Col. Fletcher lays the blame on his Attorney-General ;
but he excluded him from attending the Council and reference was
seldom made to him on petitions for grants of land. He had
positive orders to draw up grants after the manner the Government
ordered him. (15) The victuallers' lists which do not agree with
the numbers in the muster-rolls prove a fraud of 1,496 of the
King's money by defective men ; and that Col. Fletcher only
allowed M. a day for a soldier's subsistence, whilst obliging the
victuallers to pay him 10s. yearly for each soldier, which made
their subsistence so much the worse. There are lists which prove
that he did not pay the bounty given him by this country for the
soldiers to procure them clothes : they were driven to desert, and
he would not pass the Act of Assembly against desertion, but took
the advantage of the money due to them when they deserted. To
hide the weakness of his defence he charges the Earl of Bellomont
with having deferred the sending of the soldiers' clothes when he had
received tallies of 1,500 to that end. Really Lord Bellomont was
paid that sum in malt tickets, whereby he lost 25 per cent, and was
forced to raise 700 on his own bond to carry clothes to the
soldiers ; which he did, and the best they ever had there, and he
still pays interest on his 700. It is not true that 17 of his com-
pany recruits from England were disbanded by the Earl without
the clothes they served for : the certificate of the Lieutenant of the
Company shows that 7 only, and those such as had petitioned to be
discharged for their lameness or age, were discharged. Those of
them who remained at New York till the clothes arrived were
allowed about four pounds per man as the value of their clothes.
(16) This charge is undeniably demonstrated by the papers referred
to in the letters of Sept. 14 and Nov. 12, 1698, and the reports on
the condition of the forts and frontiers. (18) He admits this, but
AMERICA AND WEST INDIES. 15
1699.
attempts to justify himself, yet his behaviour resulted in very
serious consequences. It is with great reason expected that an
Assembly in New York fairly chosen will examine the public
accounts and make a charge against Col. Fletcher of many thousands
of pounds converted by him to other uses than they were raised for.
Sinned, T. Weaver. Endorsed, Reed. Jan. 9, 169f. 20 pp.
[Board of Trade. New York, SA. No. 4 ; and 53. pp. 225-251.]
Jan. 9. 27. Journal of Council of Trade and Plantations. Representa-
Whitehull. ^ion upon Irish Bill agreed upon. Order of House of Commons for
observations and papers relating to the encouragement of woollen
manufacture of this kingdom and of the linen manufacture of
Ireland read. Preparation of report and papers thereon ordered.
Letter from Col. Fletcher (Jan. 7), read. Secretary ordered to
inform him that the points on which he should instruct his Council
are those delivered him some time since in writing.
Mr. Lucas presented a memorial relating to Col. Codrington's
conduct in the Government of the Leeward Islands, and his own
sufferings, which their Lordships promised to consider as soon as
they possibly could.
Sir Thomas Lane presented an Order of Council upon a petition
of the Proprietors of East New Jersey praying that Mr. Andrew
Hamilton may be approved of for Governor.
Letters from Mr. Secretary Vernon, on the French Ambassador's
memorial complaining of the desolation made by the English in the
French part of St. Kitt's, and about the French bounds between
the English and French territories in North America, and enclosing
one about the Naval stores to New England, read and reply prepared.
Letter to the L.G. of St. Kitt's, requiring account of what
spoils have been made there by the English, as complained of by
the French, ordered.
Mr. Weaver presented an answer to Col. Fletcher's defence, and
was permitted to instruct Mr. Attorney General as Council whom
the Board requested the Treasury to pay the usual fee.
Jan. 10. Mr. Gilbert and Mr. Samuel Heathcote, Mr. Stratford and
and Mr. Hastwell, some of the contractors with the Czar of
Muscovy for importing tobacco into his dominions, represented the
difficulties they lie under for want of admission into the Russian
Company. They now employ 400, and might employ 1,200 or
1,500 persons in preparing tobacco to send thither. The Board
assured them of their good opinion and readiness to represent
their affair accordingly.
Mr. Henry Baker, Solicitor of the Treasury, attended as desired
and said that he had been appointed first by the Lords of the
Treasury and afterwards by Order of Council to prevent the
exportation of wool and importation of French silks. He promised
to give in writing a short account of the proceedings he had
taken.
Representation relating to ships of war necessary to attend the
Plantations signed.
Letter to Mr. Secretary Vernon prepared yesterday signed.
Further directions given about the report to be made to the
House of Commons upon their order,
COLONIAL PAPERS.
1699.
Jan. 11. Further progress made in preparing answer to the order of the
House of Commons. [Board of Trade. Journal, 11. pp. 330-334 ;
and 96. Nos. 6, 7, 8.]
Jan. 10.
Whitehall.
Jan. 10.
Whitehall.
28. Council of Trade and Plantations to James Vernon. We
have not had any notice of spoils committed by the English
in the French part of St. Christopher's, except from the late
Governor Codrington by a letter whereof we enclose an extract.
We shall write to the present L. G. to give us a true and perfect
account. We have received your letters of Jan. 3rd and 9th,
relating to the French pretensions from the American Treaty to
the sole right of fishery upon the banks lying off the coast of
Accadie and Eastern parts of New England, and to what else in
that treaty is liable to be laid hold of by the French to the dis-
advantage of His Majesty's subjects, and also relating to the
bounds of the English Colonies that border upon the French in
North America. But the consideration of those matters requiring
some time, and being now prest in preparing what has been
demanded of us by the House of Commons, we entreat you would
please to acquaint His Majesty therewith and that we will immedi-
ately after the dispatch of that matter give His Majesty an account
of what you have required from us. Signed. J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of
Trade. Leeward Islands, 45. pp. 321, 322.]
29. Council of Trade and Plantations to the King. Having
formerly upon the application of merchants concerned in the trade
to Barbados, the Leeward Islands and Jamaica laid before their
Excellencies the Lords Justices our opinion relating to the ships
of war necessary to attend your Majesty's service in those islands
in time of peace, and having lately received letters upon the like
subject from the respective Governors of your Majesty's Plantations
on the Continent of America, we now crave leave to represent that
upon consideration of the occasions which frequently happen there
for ships proper to suppress and pursue pirates, prevent illegal
traders and hinder the encroachments of foreigners in our fishery
and otherwise, we are humbly of opinion that it is very necessary
that one man-of-war of the sixth rate be appointed for Virginia
and one of the sixth rate for Maryland, to be made use of by the
discretion of the respective Governors of those Plantations, either
jointly or severally. Also one of the sixth rate for New York and
one of the fifth rate for New England, under the direction of the
Governor. All the said ships to be changed or relieved every
year. In the appointment of these ships especial care to be taken
that they be good sailers, which qualification we humbly conceive
to be the more necessary because the strong currents in them seas
do render any bad sailers altogether useless for the forementioned
services. The Earl of Bellomont having writ us that the great
distance between New York and Boston in New England and
the unbroken ways and roads that lie between them make it
very difficult for him to repair to his government of the
Massachusetts Bay by land, and having desired that a ship of war
may be appointed to transport him to and again by sea, we are
humbly of opinion that either of those to be appointed for New
AMERICA AND WEST INDIES. 17
1699.
York or Massachusetts Bay may transport him as there shall be
occasion. His Lordship has likewise acquainted us that the
Captains of the Richmond and Fouey frigates having been recalled
from New York by direct orders to themselves without an}"
communication thereof to him or deference to his authority, and it
happening at the same time that his Lordship was applied to from
Pennsylvania for assistance against a French pirate then riding in
Delaware Bay, which had done much mischief ashore in that
country and taken nine English vessels, but waited still for some
one that might be more fit for his purpose of pirating in the East
Indies, the captain of the Foirey upon pretence of his orders to
return did refuse to sail thither in pursuit of the said pirate, by
means whereof he escaped. In order to prevent the like incon-
venience in the future we humbly offer our opinion that ships of
war attending any of your Majesty's Plantations may not leave
that service without the previous knowledge of the respective
Governors. Signed, T. Bridgewater, Ph. Meadows, Win.
Blathwayt, Jno/Pollexfen, Abr. Hill. [Board- of Trade. Planta-
tions General, 35. pp. 4-7.]
Jan. 12. 30. Minutes of Council of New York. The Acts of Assembly
or g^ r illiam establishing the several Courts of Judicature being expired, His
Excellency read the clause of his commission empowering him to
establish such Courts as are necesssary with the advice and consent
of the Council. The Council desired to take it into consideration
for a few days. The memorial and accounts of George Sydenham,
Escheator of the Province, were read and referred to a Committee.
[Board of Trade. New York, 72. p. 182.]
Jan. 12. 31. Journal of Council of Trade and Plantations. Papers
Whitehall, presented by Mr. Kick, Dec. 29 and Jan. 2; A proposal for
preventing frauds in H.M. Customs and An Account of 981 bales
of wool imported from Scotland into Rotterdam, read. The Bill
now in the House of Commons to " encourage the woollen manu-
facture in England and restrain the exportation of wool, etc.," read.
Mr. Baker presented an account of his proceedings in suppressing
the owling and smuggling trade upon the coast of Kent and Sussex,
together with a clause he proposed to insert in some Act of Parlia-
ment for shortening the process against such offenders. Further
directions given about the answer to the House of Commons.
Jan. 13. The answer finished and signed. [Board of Trade. Journal, 11.
pp. 335, 336; and 96. .Yoa. 9, 10.]
Jan. 13. 32. Representation of the Council of Trade and Plantations
to the House of Commons as to the encouragement of the
woollen manufacture. After a survey of the trade elsewhere
concludes : Notwithstanding it was the intent in settling our
Plantations in America that the people there should be only
employed in such things as are not the product of this kingdom,
except for so much as should be wanting for their own maintenance
and supply of provisions to their neighbours, yet New England and
other Northern Colonies have applied themselves too much besides
other things to the improvement of woollen manufactures amongst
themselves, which in its proportion is as prejudicial to this kingdom
12208 B
18 COLONIAL PAPERS.
1099.
as the working of those manufactures in Ireland, wherefore it is
submitted that the like prohibition be made with relation to them.
The woollen manufacture will receive the greatest encouragement
by a due consumption of it at home, the largest vent of it abroad,
and the hindering as much as is possible the growth and increase
of it elsewhere, and that therefore the exportation not only of wool
from Ireland but also of their woollen manufacture of the English
Plantations in America to other parts than England ought to be
prohibited or discouraged by the most coercive and proper means,
and the people of this kingdom skilled or employed in the woollen
manufacture to be prohibited from going over into Ireland or other
parts and such as have already been inticed thither to be encouraged
to return. [Board of Trade. Trade Papers, 14. 2 ) I ) ' 145-155.]
Jan. 13. 33. Minutes of Council and Assembly of Nevis. The
Assembly pressed for the passing of the laws they had laid before
the Council and refused to billet the island's proportion of Col.
Collingwood's regiment coming from England till this was done.
Meantime, they agreed that 3 companies should be landed and
Jan. 16. provided for by the Treasurer for a week. The Council requested
them to quarter four companies, which they refused to do and pro-
posed that Col. Holt's men should be disbanded. [Board of Trade.
Leeward Islands, 64. pp. 486-488.]
Jan. 14. 34. Proprietor of New Hampshire to the Council of Trade
New Hamp- an( j Plantations. Nothing of moment has happened since my
81 letter of Nov. 28. I send copies of the Minute Books, by which it
appears that the malcontents of this province augment in their
disobedience to your commands of Aug. 3 in favour of Mr. Usher,
and that all the Council, except one, continues in their perverse
and contemptible ways. And because a respect is continued to
said Usher agreeable to your Lordships' commands until Mr.
Partridge was qualified, they have withdrawn from sitting in
Council with him, and rather make choice to gratify their humours
than obey the King, and will ever do until the ringleaders are sent
for home and made examples. Richard Waldron and William
Vaughan and two or three more are them which animates the
insensible and inconsiderate to run into many errors. Nothing
will prevent them continuing so but the . sending over 20 soldiers
to be in our fort here, and to make them pay the charges of
disciplining them and reducing them to obedience to the Crown
and Laws of England. I have been honored by His Majesty to be
Governor for this seven years past and Mr. Usher my Lieut. -
Governor and because we will not consent to run with them in the
contempt of all authority and admit them to break the Acts of
Navigation, they do not only refuse to pay one penny all this 7
years toward our charges for the support of the honor of the
Government, but do malign and make false complaints against us
to my Lord Bellomont, who recompenceth me with a letter of
reprimand in their favour. I foresee I shall be ill recompensed
for all the money I have spent in supporting the honour of the
Government, and settling the military and civil affairs of this
province unless your Lordships interpose with His Majesty either
to order them to recompense us or order us in the continuance of
AMERICA AND WEST INDIES.
19
Jan. 16.
Whitehall.
1699.
the Government. Signed, Samuel Allen. List of the present
Council : John Usher, L. G. Nathaniel Fryer, Major Joseph
Smith, Capt. Kingsly Hall, Sampson Sheafe, Col. Thomas Packer,
Lt. Peter Ware. I humbly pray Your Lordships to confirm the
above Council. Endorsed, Reed. March, Read, April 3, 1699.
2 pp. [Board of Trade. New England, 9. No. 53 ; and 37.
pp. 137, 138.]
Jan. 16. 35. Petition of Nicholas Bayard to the Council of Trade and
Plantations, praying for copies of the papers transmitted by the
Earl of Bellomont relating to his suspension from the Council of
York. Signed, N. Bayard. Endorsed, Reed. Read Jan. 16, 169f.
[Board of Trade. New York, SA. A T o. 5 ; and 53. p. 252.]
36. Journal of Council of Trade and Plantations. Mr.
Blathwayt communicated an extract of a letter from Paris, Jan. 9,
relating to the settlement of the tariff between the French and
States General. Letter to Mr. Secretary Vernon ordered, desiring
to be informed of all particulars. Mr. Hill communicated a copy of
the Bill now before the House of Commons for the more easy
admission of merchants into the Russia Company.
Letter to the Agents of Barbados ordered (Jan. 17).
Petition from Col. Nicholas Bayard read.
Order for papers required by Mr. Weaver to be communicated to
him. Col. Fletcher's hearing appointed for Friday, 9 a.m. Mr.
Vernon to be desired that the Instructions to Governors relating
particularly to trade, having been approved of by Council, may be
despatched with all speed.
Order of Council upon a representation of Dec. 21, about
irregularities in the government of Rhode Island and requiring
drafts of a commission of enquiry as proposed, read.
Order of Council about merchantmen bound to the southward
taking out Admiralty passes before they are dispatched at the
Custom house, read.
Letter to Mr. Sansom, asking for answer to letter of Dec. 22
about Perth Amboy, ordered.
Letter to Mr. Vernon signed.
Enquiry ordered of Mr. Attorney General whether the Act for
preventing frauds and regulating abuses do not exclude Mr. Andrew
Hamilton from being Governor of East New Jersey. [Board of
Trade. Journal, 11. pp. 337-341; and 96. Nos. 11, 12 and
Trade Papers, 14. pp. 156-159.]
37. Council of Trade and Plantations to Edward Littleton,
William Bridges, and Francis Eyles. We have had some notice of
a design carrying on here to plant Tobago under the protection of
the Duke of Courland. You are to enquire into it with all the care
you can and report on the matter, as also whether you hear of any
ships designed from hence to that island. [Board of Trade.
Barbados, 44. p. 239.]
38. Jno. Sansom to William Popple. Yours of the 22nd
past with some papers relating to Perth Amboy was received
and laid before this Board. But the Holy daies then very
shortly intervening and a great deal of business succeeding them
Jan. 17.
Jan. 17.
Jan. 17.
Custom
House.
COLONIAL PAPERS.
1699.
the Commissioners have not yet had time to return answer but
will take the first opportunity. Signed, Jno. Sansom. Endorsed,
Reed. Read Jan. 18, 169f. [Board of Trade. Proprieties, 2.
No. 44.]
an. 17. 39. William Popple to Sir Thomas Trevor. The appoint-
fhitehall. ment of Andrew Hamilton as governor of East New Jersey
having been referred to the Council of Trade, they desire your
opinion whether he, being a Scotchman born, be qualified for that
employment, in respect of the Act for preventing frauds and
regulating abuses in the Plantation Trade or any other law of this
realm. [Board of Trade. Proprieties, 25. pp. 303, 304.]
an. 18. 40. Journal of Council of Trade and Plantations. Mr. Crown
attended as desired, and gave some account of his title to
Penobscot and promised it in writing.
Letter from Mr. Secretary Vernon, promising to communicate
what particulars he can about the settlement of the tariff between
Holland and France, and to dispatch the Instructions to Governors
and Proprietors, read.
Letter from Mr. Sansom, promising answer about Perth Amboy
shortly, read.
Col. Bayard, Mr. Robert Hackshaw and Mr. Blackball, merchants
trading to New York, made some general complaints against Lord
Bellornont's conduct in that Government. Being directed to put
their allegations in writing some objected, others seemed inclinable
to do it.
an. 19i Ordered that notice be again given to Col. Fletcher that he be
punctual in observing the hour of nine o'clock to-morrow morning
appointed for the hearing of his business.
Mrs. Wood, the necessary woman, laying before the Board two
bills for necessaries for cleaning the rooms amounting to five
pounds per annum, their Lordships ordered her to be paid for that
charge three pounds per annum for the past and for the future.
Upon consideration of the complaints made yesterday against
the Earl of Bellomont, their Lordships reflecting that probably the
ground thereof may arise from the fear lest some law should be
made in the next Assembly enacting that reparations be made for
damages done to those of Leisler's party in the time of the
Revolution, ordered a letter to be written to Lord Bellomont
advising him not to pass any such Act without the King's express
command.
Several papers relating to Col. Bayard's removal from the
Council of New York were read.
The draft of a clause was agreed upon which might be added to
the Bill for encouraging the Woollen Manufacture in England with
relation to H.M. Plantations in America, and Mr. Blathwayt was
desired to present it to the Committee of the House.
The clause was as follows: No wool, wool-fells, shortlings,
wortlings, wool-flocks, woosted, bay or woollen yarn, cloth, serge
bays, kerseys, says, frizes, druggets, cloth serges, shalloons or any
other drapery stuffs or woollen manufactures whatsoever made up
or not, with wool or wool-flocks, being of the product of any of
the English Plantations in America shall be loaden or laid on
AMERICA AND WEST INDIES. 21
1699.
board in any ship or vessel in any place or parts within any of the
said English Plantations upon any pretence whatsoever, or upon
any horse cart or carriage to the intent to be exported under the
same penalties as are prescribed for the like offences committed
within the kingdom of Ireland, etc. [Board of Trade. Journal, 11.
pp. 341-346 ; and 96. Nos. 13, 14 ; and Trade Papers, 14. pp.
160-163.]
Jan. 19. 41. Minutes of Council of New York. His Excellency proposed,
Fort William with a view to uniting parties and curing the present unhappy
enrjr- differences among the people, to call an Assembly. The Council
concurred and writs were ordered to be issued for an Assembly to
meet on March 2. Courts of Judicature were ordered to be
continued by a proclamation till confirmed by an Act of Assembly.
Payments on accounts of fees and expenses in escheating the
estate of Thomas Williams of the county of Winchester were
ordered to George Sydenham, John Shute, High Sheriff, Benjamin
Collier, clerk, Joseph Hunt, Constable, all of the county
of Westchester. The account of John Peter Melott, blacksmith,
being found fraudulent, Thomas Parmyter, the master gunner and
supervisor of the buildings in the fort who signed it, was discharged
and John Ashton appointed in his place. [Board of Trade. New
York, 72. pp. 183-185.]
Jan. 19. 42. Lords of the Admiralty to the King. Report on the
Admiralty representation of Jan. 10. There is already in the West Indies a
' ship of the sixth rate attend [ing] on Virginia and a fifth rate on
Barbados and a fifth and a sixth rate on Jamaica, and a sixth rate
on the Leeward Islands so that, if the other ships proposed be sent
into those parts, there will then be there, three ships of the fifth
rate and six of the sixth rate, besides the squadron under command
of Rear-Admiral Bembow, composed of two fourth, one fifth and one
sixth rate. The commanders of such ships as do attend the
Plantations having orders to follow such directions as they shall
from time to time receive from the respective Governors, it is
presumed they employ them in such manner as may most conduce
to His Majesty's service, and it is the intention of tbis Board to
'relieve them yearly or in as little time longer as possibly the service
will admit of it. We do not know of any ships leaving the Planta-
tions without the previous knowledge of the Governors thereof. The
Commander of the Richmond had orders to advise with the Governor
of New York about a reasonable time for his stay, before his return,
to the end such merchant ships as intended to come under his
convoy might get themselves ready to proceed accordingly. The
orders sent to the Commander of the Fowey directed him that when
he was ready to sail for England, if the Governor should desire him
to stay any number of days not exceeding twenty for the bringing
home any merchants ships bound his way, he should do the same
and then return home, and all other H.M. ships will have the like
orders upon their being sent to any of the Plantations. Signed,
H. Priestman, R. Rich, G- Rooke, Kendall, John Houblon, Geo.
F. Wharton. Endorsed, Reed. Read, Feb. 10, 169|. Copy.
2 pp. [Board of Trade. Plantations General, 5. No. 4; and 35.
j/i.9-11.]
22 COLONIAL PAPERS.
1699.
Jan. 19. 43. Memorial from Mr. Crown, setting forth his title of
Penobscot and other lands adjacent in America. Endorsed, Reed.
Jan. 19, Read Feb. 10, '9f. 6 pp. [Board of Trade. New England, 9.
No. 54 and 37. p. 134.]
Jan. 20. 44. Journal of Council of Trade and Plantations. Hearing
of Col. Fletcher's case. Mr. Weaver attended with the Attorney
General as Counsel for the King : Col. Fletcher with Sir Thomas
Powis as Counsel for him. The Heads of Complaints 1, 2, 3 and 5
(Gal. 1698, No. 1007) were read and Col. Fletcher's replies thereto
(Cal. 1698, No. 1077.) Mr. Attorney General read papers in
confirmation of those charges and Mr. Weaver stated he was
present when the Secretary of the Province declared to Lord
Bellomont that no securities taken for the men belonging to the
ship Jacob were ever committed to his hands. Sir Thomas Powis
replied, first, by a complaint of hardship that Col. Fletcher had not
been given copies beforehand of the papers now produced against
him, to which Mr. Attorney replied that it would have been
contrary to the method of proceeding in all such cases, and,
secondly, by pleading the Acts of Indemnity passed in England
since those things were done, though they do not positively extend
to those things done in America. He desired time to send to
America for counter evidence ; argued that the Attorney General of
iNew York was himself criminal in not prosecuting pirates, and
pleaded the many commendatory addresses made to Col. Fletcher
by the inhabitants of that Province. Col. Bayard said that Taylor
had told him he was imposed upon in making his deposition. As to
the Minutes of Council April 7, 1693, he was himself a member and
present and the matter was freely debated : they were not overawed
by Col. Fletcher but unanimous in their opinion that the men
belonging to the Jacob should be admitted. The minutes were very
seldom read in Council. He complained of Lord Bellomont's undue
method in forcing witnesses to swear. The ship Jacob was greatly
suspected to have been at the Red Sea, and the Council relied upon
the information given by Mr. Nicoll, who said he had it from Taylor.
The Act for restraining and punishing privateers and pirates was
discussed. Capt. Evans appeared as a witness tljat Taylor's
deposition was forced, and his deposition was read. Mr. Chidley
Brook said there was no manner of force brought to bear upon the
Council : there was only suspicion, but no evidence that the Jacob
had been at the Red Sea, and the reason for admitting the crew
was that upon refusal they would have gone away to some other
country. Col. Bayard said that no examination or enquiry was
made about the doings of the ship. It was the duty of the Secretary
who gave the protections to take the securities. The men sought
for protections not because they were pirates and feared the Act,
but that they might be secure from being pressed aboard H.M.
men-of-war. But it was observed that the protections had no
manner of relation to the pretence of securing men from the press.
Affidavits by Benjamin Ashe, Jacob Mayle and Mathew Ling were
read, but withdrawn as relating to other matters. Mr. Weaver
said that none but himself and the Attorney General of the
Province were present when Taylor's deposition was taken. All
AMERICA AND WEST INDIES. 23
1699.
the inducement Lord Bellomont used to oblige him to declare his
knowledge was a promise that if he did it ingeniously [? ingenuously]
he would intercede with the King for his pardon.
Articles 4, 6, 7, 8, 9, 10, 11 and 12 in the foremeutioned heads of
complaints were read with Col. Fletcher's answers. The depositions
of Dr. Staats and Alderman Lewis were produced in confirmation
of Article 4, and depositions of John Wicks, Col. Depeyster and
James Einott, Reyner's discharge, a letter from Sheriff Hobbard
and a memorial of the East India Company in confirmation of
Article 6. Col. Bayard said with regard to the matter of the first
two depositions, he wrote to Col. Fletcher who was then in
Pennsylvania and he replied that he would make no bargain, but,
in sending the protections desired, he added that they might make
what present they pleased. The protections were desired to secure
the men from being pressed ; Lewis told him they had been abroad
rambling but did not say they had been with Capt. Tew. He paid
the money received to Mr. Honan. The pieces of Arabian gold
were worth about two dollars a piece, and had been pretty common
in the Province since the arrival of Capt. Coates. A copy of the
protection to Barnard Rinderson was read and found to be wholly
foreign to the reason given for desiring them. Col. Bayard said
that Col. Fletcher had ordered him to take security for these men
in delivering their protections, but the persons who applied for
them being his neighbours and friends he did not care to do it, but
on the return of Col. Fletcher he told Mr. Honan they were to give
security. He had been 45 years in the Province and long in
public employments, both under the Dutch and English Govern-
ments, but did not know that any such protections were formerly
granted. But a bystander unasked said Col. Dungan had granted
such like, and Col. Fletcher himself said it had been a common
practice. Sir T. Powis asked for time to send to America for
counter-evidence. Documents were read in support of Articles 7
and 8, and Mr. Weaver declared that he being about the time of
Tew's commission in the Leeward Islands, it was a thing
notoriously known to every one that Tew had before then been
a pirate. Sir T. Powis pleaded that Col. Fletcher might not
have known, but it was observed that in his answer he seemed to
admit that he did. To show that persons entrusted with such
commissions may become guilty of great crimes without the fault
of those concerned with them, Sir T. Powis instanced in Capt.
Kidd, with whom Lord Bellomont himself and others are
concerned. He produced minutes of Council of New York, Nov. 8,
1694, to show that the Council unanimously agreed that Tew
should have a commission. Documents were read in support of
the 10th article. Mr. Attorney General observed that Moston's
ship, The Fortune, having been formerly a Dutch privateer, and
thereby notoriously known to be an unfree bottom not qualified for
trade in the Plantations, it was evident the commission was only
given her for a colour. Sir T. Powis replied that nothing was
more common than for merchantmen of any considerable force,
who go upon voyages of trade in time of war to take along with
them commissions of war, which was confirmed by Capt. Evans as
things wherewith the Records of Doctors Commons are full. Col.
24 COLONIAL PAPEES.
1699.
Fletcher said he did not know the vessel was an unfree bottom.
The hearing of the case was adjourned till Tuesday, 4 p.m.
[Board of Trade. Journal, 11. pp. 346-860 ; and 96. No. 15.]
Jan. 20. 45. Governor Sir William Beeston to Council of Trade and
Jamaica. Plantations. In mine of Dec. 5 I informed you that I had sent the
Maidstone to Petit Guavas to demand from Mons. Ducasse satisfac-
tion for the piracies committed by Kelly since the Peace. She has
returned with the enclosed reply from M. Paty. It's visible by the
frivolous evasion they make that they never intend justice on his
person nor restitution for his villanies, for to say he had been
brought before the Judges and they had found nothing against him,
is pure design, because before he came in there the Chatham had
been at Petit Guavos to demand satisfaction which they promised.
The reasons they give are evasive as the rest, for they say a vessel
of theirs was taken by one of our ships of war, the Chatham, in
time of peace, which is not truth. It was a Tartan the Chatham
took Oct. 20, and the peace did not commence till Nov. 19. They
say 14 or 15 of their men landed on the N. side of this island and
our people robbed them. 'Tis true they landed in the time of the
peace but with their arms and in a hostile manner with intent to
rob the poor people of those parts, but ours proved too strong for
them and took away their arms, but not their clothes as they
allege, and if they had been punished they had received but their
deserts, but they were sent home very friendly, so that all these
pretences and excuses are but only the denial of justice, and the
truth of the reason is Mons. Ducasse was concerned in the Tartan
as a merchant and in Kelly as a privateer, and therefore regrets the
loss in the one and designs to keep the money gotten by the other,
which was to a great value. The Sindados (Soldados, Entry Book)
Prize is returned from St. Domingo but at her going up stopped at
the Isle de Vash (Vache) to enquire after the pirates, whence Mons.
Beauregard, who is Governor there and settling a new colony of
French by the name of Port Lewis, has written me a great complaint
of the officers and people of that ship, which I transmit, for I think
he will complain in France or to their ambassador, for I find they
are very minute in demanding of what they think their right,
though they deny it to us, for the Lords Justices by Mr. Yard sent
me a list of 14 or 15 French that were taken some } r ears since in
one of the northern ports about Nova Scotia, with order to enquire
if any such were detained here and to let them go, but I have none
of them nor any other ; nor in the time of the war did detain any,
because we had not wherewithal to defray the charge, and Mons.
Ducasse did the same by ours. But this gent, will now expect
reparation from me for these injuries if they be true, and I have
not any public money to do it withal, neither have I any authority
to cause the officers of the ships to do it, for they know my authority
reaches only to order them to go to this or that place for the service
of His Majesty and the Island, but am ordered not to meddle with
them or their discipline, from whence they know they may do what
they think good whilst they are here and nobody can say
anything to them for it, so that it seems a paradox that ships
should be sent hither and ordered to (be) under the direction of
AMERICA AND WEST INDIES. 25
1699.
the Governor for the time being, yet at the same time when
an officer falls they have power to give commission to new
ones without the Governor's approbation, and to do what they
please in and about their ships. For my own part I am not con-
cerned at it in relation to myself, for it's an ease to me and saves
me the trouble as well as censure perhaps for putting in officers
though very fitting yet that others do not like, but how it consists
with his Majesty's honour and authority I must humbly leave to
your Lordships' better judgments. Lieut. Allen, who commands
the Sohlados Prize, denies all Mons. Beauregard writes, and says
there was no storehouse broken open, that he freely gave him the
meat he complains of and offered him all the civility whilst he was
there that he could shew and the place afford, and says further that
Mons. Beauregard has had a correspondency with the pirates that
have touched there, and therefore pretends to complain first for fear
I should complain of him, and it is certainly true that he had the
brigantine in his own possession that the pirates took coming away
for this place from New York laden with fiower, and about 70 or 80
barrels of flower which was more than the pirates could take aboard
and has kept most of the flower, but the brigantine Lieut. Allen took
away from him and sent her hither. The governor of St. Domingo
also writes me a long letter about the taking and condemning of
Medlicott's sloop, and after a long harangue tells me the produce is
in the King's Chest, whence it cannot be paid out but by an order
from Madrid, and has sent me the Plito (plcijto, = dossicr) which is a
volume all of very little concernment onely form, but Lieut. Allen
tells me that they owned the Governor, Lt. Gen. Fiscal and
others had placed the produce of the vessel amongst themselves
and therefore it was to no purpose to expect restitution from them,
and to go to Spain to seek after it is adding more time and money
to the lost to no purpose. That your Lordships may see the more
plainly how they use us I transmit a duplicate of a letter written
by one Macarty, an Irishman, who is interpreter at St. Domingo,
by which it appears they have done very ill, or he must be a great
rogue who lives amongst them to give such an account of them.
In the main it's very hard and uneasy, and I humbly hope your
Lordships will please so to represent to his Majesty, that we may have
some directions for redress, which they will never make unless we
have leave to stop their vessels for satisfaction. I have now an
account that they have in Cartagena two English ships that
carried negroes thither for the Assiento, two vessels of New York
and one from this island, which they detain, but whether they
have wholly seized on them or only detain them till they have
sent their expedition against the Scotch, I cannot certainly learn,
but the master of a vessel of New York which they took and the
English ran away with in the night and came hither tell me the
Spaniards told them they took them because there was war with
the English. Sif/ncd, W. Beeston. Endorsed, Reed. 21 March,
Read March 23, 169$. 2 pp. 1 p. abstract. Enclosed,
45. i. M. Paty to Governor Beeston. M. Ducasse is ill, so I
must reply to your letter. Kelly has been tried and
acquitted. M. Ducasse has already written to reproach
you with being the man who asks more and gives less
26 COLONIAL PAPERS.
1699.
justice than any other. He has given up to you 7 or 8
ships that had been taken, and one of your men-of-war
has taken a barque of ours for which we have never been
able to obtain satisfaction. Fourteen or fifteen French-
men were stripped naked on shore in peace time, but we
have never been given back their clothes or arms. We
will do all we can for the frigates you are sending to
cruise here. Signed, Paty. French. Dec. 20, 1698.
45. n. M. Beauregar to Governor Beeston. I have received
your letter about a brigantine taken by a pirate on this
coast. Nobody has a greater hatred of pirates than I.
But what can I do? I am just settling a new colony
here, and have no forces even to protect myself against the
outrages of Lieut. Allen, commanding the Soldados Prize
(Prise desSoldates), who has behaved here as if we were at
war. They robbed the Church and even profaned the altar,
as is proved by Mr. Allen sending me back an image of the
Virgin, which he had carried off to his cabin and which
was on the altar. They broke open and looted a shop on
the seashore, as is proved by their confessing to me that
they had taken some brandy and flour, but that they
thought the flour was English and from a pirate very
bad reasons for such behaviour. Having no force at my
command I had to try persuasion with the pirate and with
great difficulty succeeded in getting the brigantine and 57
barrels of flour he could not take. I was going to send
her to Jamaica, since she belongs to you and Col. Cher,
otherwise I should not have taken so much trouble,
despatching her to Petit Guavas, where I heard were some
English men-of-war with a cargo of provisions for the
inhabitants. She was just about to start when Lt. Allen
came aboard, assaulted the officer I had placed in
command and told him he was his prisoner. I am much
insulted at the way I have been treated and demand
justice. Am I a pirate? (Est ce moi qui suis forban ?)
I have 37 barrels of flour and half a barrel of oil etc.
which were in the brigantine and which I will send to
your order if you will return me the cargo and other
things seized by Capt. Allen to the value of 7 or 8 hundred
crowns, I assure you on my oath and honour. Signed,
Beauregar. 10 pp. French. Port St. Louis. Dec. 27, 1698.
45. in. John Macarty to Governor Sir "William Beeston.
Capt. Medlicott has been very much wronged. The
Captain that took him had no commission, and chose his
own judge when he had him and all his men tried for
pirates. They were permitted to leave the island, and in
their absence another trial was got up. Signed, John
Macarty. S. Domingo. [Board of Trade. Jamaica, 8.
Nos. 105, 105 i., ii., m. ; and 56. pp. 288-302.]
Jan. 20-26. 46. Minutes of Council and Assembly of Nevis. It was
agreed that the Act for obliging persons to give in a list of their
negroes upon oath should be put in force against several resisters,
AMERICA AND WEST INDIES. 27
1699.
and that a house and land belonging to Col. Bartlet's orphan
should be rented for Col. Collingwood. A committee of both houses
was appointed to draw up an Act for raising a levy of a 100 pounds
of sugar per head on all negroes, which would amount to 526,500
pounds, and a sixth part on Charles Town, James Town, and New
Castle, World's End, amounting to 87,750 pounds. Mr. Richard
Gary was appointed to act as agent in England. The Assembly
proposed that the money advanced in supplying Col. Collingwood's
officers should be repaid when the levy was raised; that Mr.
Pinney should present the account of what the public owed him for
accommodating Col. Collingwood to the House ; that Col. Colling-
wood should be allowed 140 per annum for one year, the captains
fifty pounds, lieutenants, ensigns and chaplains forty, to be paid
quarterly in advance. They also proposed that the two Houses
should write home to explain that they could not afford to billet
the soldiers longer than for the time consented to in order that
they might be " eased of so vast an expense of giving soldiers free
quarters in peaceable times." They proposed to buy " a very good
book, fit for transcribing the Acts in." [Board of Trade. Leeward
Islands, 64. pp. 489-492.]
Jan. 23. 47. Extract from Ogilby's America relating to a grant from
King Charles I. to Sir Lewis Kirke, May 11, 1633, to plant, trade
and colonise on the river Canada. " The year following Kirke and
Company send out a ship which was seized by the French, because
she was trading in Canada. Restitution being demanded by the
English Ambassador to the value of ,12,000 sterling, nothing was
obtained." Endorsed, Reed. Read Jan. 23, 169|. Enclosed,
47. i. Two extracts from Fournier, Hydrograph. pp. 351, 352.
(French.) [Board of Trade. New England. Nos. 55,
55 (i) ; and (without enclosure), 37. pp. 112, 113.]
Jan. 23. 48. Journal of Council of Trade and Plantations. Mr.
Hill communicated an extract of a letter to Sir Thomas Yernon,
dated Smyrna, Oct. 22, 1698, relating to the great increase of the
French trade thither as well in draperies as in other commodities ;
also an extract from Ogilby's America relating to a grant made to
Sir Lewis Kirck and Partners by Charles I. of the privilege of
fishing etc. in the River of Canada.
Two alterations made in the Representation on the General
State of Trade of this Kingdom.
Jan. 24. Colonel Fletcher's Case. (1.) Article 11 was read and deposi-
tions in confirmation produced; these Sir T. Powis said related
wholly to Col. Fletcher's servant Daniel Honan ; Mr. Attorney
replied that they concerned Col. Fletcher as the fault of his
servant about a thing in which he himself was obliged to have
taken care. He produced documents to prove that (Art. 12) the
trade of New York was greater during Col. Fletcher's Government
than since, but the Customs were less, and argued that much of
that trade was therefore unlawful and greatly connived at. Sir
T. Powis replied that the City during the same period was greatly
enriched and enlarged, and that during time of war not so many ships
were entered directly from England, which are those that bring in
28 COLONIAL PAPERS.
1699.
most Customs, but chiefly from the neighbouring colonies. Mr.
Brook was called to show why the Customs could not be so great
then as now, to whom Mr. Weaver replied. In confirmation of
Art. 13 and 14 Mr. Attorney produced the memorial of the
Attorney General of New York about the method of granting lands.
Sir T. Powis again complained that they had not had the paper
now produced communicated to them before. Col. Bayard said
that before Col. Fletcher's time the constant practice was that the
Attorney General did attend the Council : Col. Fletcher thereupon
declared that he altered that method because he did not think tit
that anyone should be present in Council who was not under the
oath of a Councillor, and, concerning surveys, he said that the
Surveyor General was lazy and negligent and that when he came
away there were about 15 warrants for surveys unexecuted.
Further evidence was given on either side with regard to the
granting of lands from the Crown and the granting of the
Mohacques' land to Mr. Dellius. Documents were read in support
of Article 15. Col. Fletcher replied that he never received a
farthing of any allowance for the King's forces. Sir T. Powis
observed that the muster-roll was certified by Col. Cortland, now
one of the Council, and Col. Bayard added that the charge of
falsifying it was made by Bulkley, an infamous fellow. In answer
to Art. 16 and the report of Col. Bayard upon the survey of the
Fort of New York, Col. Bayard replied that every word of
Col. Fletcher's written answer was true ; Sir T. Powis produced a
report made by Mr. Pinhorn to show the impossibilty of marching
to Cadaraqui to demolish that fort. The letters of denization of
Arnold Nodin were read. Col. Fletcher replied that he remembered
nothing of that business ; and had granted no such letters but in
the usual form. The Duke of Shrewsbury's letter recalling
Col. Fletcher and assuring him that His Majesty was not
dissatisfied with his conduct but would employ him some other
way, together with several addresses, was read.
In consideration of the late order of Council the Secretary was
ordered to write to Mr. Burchet desiring to know such instructions
given upon that subject as the Lords of the Admiralty may think
fit to communicate in order to a report upon that matter.
[Board of Trade. Journal, 11. pp. 361-372 and 96. Nos. 16 and
17; and Trade Papers, 14. pp. 163, 164.]
Jan. 24. 49. Deposition of Lt. John Bulkeley. Lieut. Peter Matthews
of H.M. Company of Grenadiers in Fort William Henry, in New
York, allowed one Capt. John Corbet to carry off on board his ship
Peter Chowns, a soldier of that company, who escaped and
returned to duty, but was imprisoned and returned to Corbet by
Matthews. (Nov., 1696.) About the beginning of Jan., 1696,
Matthews obtained through misrepresentation deponent's signature
to a muster roll which included the names of many dead and run
away. There were only 49 effective men doing duty in that fort
on Lord Bellomont's arrival. Copy. Endorsed, Produced to the
Board by Mr. Weaver at Col. Fletcher's hearing. Reed. Read,
Jan. 24, 169f . 4 pp. Dated, New York, July 5, 1698.
AMERICA AND WEST INDIES. 29
1699.
50. Deposition of Col. Cortlancl and Mr. Livingstone about
the perquisites allowed by them to Col. Fletcher for victualling the
soldiers, with a muster roll and account. Signed, Rt. Livingstone
and B. Cortland. Endorsed as preceding. 4 i>p.
Jan. 24. 51. Reasons why the revenue of New York was not so great
1692-1697 as in 1687. The Acts of Assembly, 1691, 1692 took off
the duty of l"2d. per gallon, laid 011 in 1683, on wine and spirits
carried up Hudson's River, except on liquors retailed there. The
Act of 1692 allowing merchants to sell any quantity of spirits not
under 5, instead of 15 gallons as heretofore, seriously affected the
retail trade and through it the Excise. The same Act substituted
5 per cent, duty payable at importation for the 10 per cent, duty on
Indian goods carried up Hudson's River. The war has hindered
Indians from hunting and bringing in furs. All customable
goods imported have been loaded with an additional duty near as
great as the Customs, which, with the great conveniency of
committing frauds given by the new wharves built within the river
with merchants' houses upon them, has put the merchants upon
more contrivances to run their goods, whilst the greatness of
the duties have much lessened the trade, the ports of the
neighbouring colonies being all free. Before the war New York
was the mart to Pennsylvania, the Jersies and Connecticut, but of
late the trade of Pennsylvania has been very near equal to that of
New York, and the rest trade for themselves and want little
from New York. The war and ships captured by the French
also decreased the revenue, and, dislocating business, caused many
inhabitants to leave New York, through fear of being detached to
defend the frontiers at Albany. The Dutch, when they held the
province, had a public Weighing House where all weighable goods
were obliged to be brought and weighed upon importation or
exportation or sale or barter within the city of New York, and
certain rates were established for each " drought of the beame or
parcell of goods weighed, as 3d. for every hundredweight of flour."
This system was continued by the English Governors till 1692
when an Act of Assembly established certain rates payable out of
the Weigh House, about frds less than those settled by the Dutch,
and gave the merchants several privileges, as to weighing their
own goods, which they had not before, to the great diminution of
the revenue, as appears by the Weigh Master's accounts. In spite
of all these drawbacks, the Customs arising from imported goods
were in several of the years named actually larger than the like
Customs in the boasted year of 1687, into the accounts of which
great sums of the arrears of Excise in former years are crammed,
but carefully deducted in other years compared with it, in order
to sully the reputation of those who had the management. Note
that Act establishing the additional duty expired May 14, 1698,
and with only a 2 per cent, duty merchants will not now be so
industrious in running their goods as they were to avoid the 4 per
cent, nor will they now alter the bottom and transport so many
of their goods to other Colonies without landing them and paying
the duties. That clog being removed and the war ended, the
revenue will certainly very much increase. Endorsed, Presented
30 COLONIAL PAPEES.
1699.
to the Board by Mr. Chidley Brook at Col. Fletcher's hearing.
Jan. 24 169|. 4 pp. [Board of Trade. New York, SA. No*. 6,
7,8; and 53. pp. 252, 253.]
Jan. 24. 52. Minutes of Council of Barbados. The execution of
Eatherine Traverse, for murdering her bastard-child, and of George
Karr, under the statute of stabbing, was suspended. A letter from
the Lords Justices, rectifying the misnomer of George Lillington
who had been put in the Commission as Richard, was read. A
Bill for the laying out and enlarging a common road was read three
times and ordered to be engrossed. The Assembly waited on His
Excellency with an address and a request that he would be pleased
to accept 800 for repairing his house. Read and approved.
Presentments by the Grand Jury delivered to the Speaker for the
consideration of the Assembly. [Board oj Trade. Barbados, 65.
pp. 383-385.]
Jan. 24. 53. Journal of Assembly of Barbados. Present: Hon. Thomas
Sadleir, Hon. James Colleton, Col. Abel Allyne, Col. John Leslie,
Major George Peers, John Holder, William Holder, Samuel Maynard,
Col. William Cleland, Daniel Hooper, Miles Toppin, Henry Markland,
Thomas English, William Wheeler, Jonathan Downes, William
Doten. Thomas Maxwell was unanimously elected Speaker. A
summons was ordered and issued to the Hon. William Sharpe and
Thomas Harrison to show their reason for not appearing before the
Committee of Grievances and Inspection of Fees. Order made for
an Explanatory Bill to the Act for the encouragement of Christian
servants. Leave given to Col. William Cleland to bring in a bill to
settle the conveyance of an estate to Charles Middleton of St. Thomas'
parish, the original deeds being lost. The bill entrusted to a
Committee to inspect and report upon. An address pursuant to
the presenting of His Excellency with .800 towards the building
and repairs of his habitation was drawn up.
Jan. 25. Thomas Harrison begged the pardon of the House for his
contempt of non-appearance and was forgiven. A Bill, entitled,
an Act for laying out and enlarging a Common Rhoad through the
land of Mr. Richard Bate, Mr. Edmund W T heeler, Mr. Henry Gibbs
and Mr. Daniell Clancey, was sent down from the Governor and
Council through Thomas Edwards, Deputy Provost Marshall, for
assent. It was resolved that the lands taken for the road should
be paid for out of the public Treasury, but this resolution was
revoked, and a new Bill prepared and passed.
The Treasurer, the Hon. Thomas Sadleir, signified that there
were many servants imported lately which cannot readily be
placed, the muster rolls being nearly full. It was resolved that
such servants should be furnished with provisions by the Treasurer
at the public expense. A Declarative Bill to the Supplemental Bill
for the provision of servants was passed. Mr. Middleton 's private
Bill was passed. The Bill for the further provision for placing
of servants was referred to Col. Cleland. [Board oj Trade.
Barbados, 65. pp. 329-335.]
Jan. 25. 54. Minutes of Council of Barbados. Petition of Mrs. Buttler
Chamberlain was read and reserved for consideration. Capt. John
AMERICA AND WEST INDIES. 31
1699.
Walter was appointed assistant to Judge Hooker in place of Col.
Philips. The Bill for laying out a common road through private
grounds was passed and consented to by His Excellency. A draw-
back John and William .Roberts' petition was allowed. Alexander
Forester's petition referred to the Assembly. Mr. Edwards was
sworn Deputy-Serjeant at Arms. A petition of Robert Moor for
allowance for an executed negro was past. The Assembly requested
His Excellency in Council to issue his proclamation against fore-
stalling and lawyers demanding unreasonable fees, and presented a
Declaration Act for provision of servants, a resolution about the
providing for servants, a Bill for laying out and enlarging a Common
Road, an Act for settling an estate in fee simple in Charles Middleton,
gent. The first, second and fourth were read once and ordered a
second reading. [Board of Trade. Barbados, 65. pp. 386, 387.]
Jan. 26. 55. Journal of Council of Trade and Plantations. Secretary
ordered to write to Sir Gabriel Roberts, Deputy Governor of the
Turkey Company, to enquire what number of clothes were exported
by that Company in 1670, 1675, 1680, 1685, and 1690, and to
Mr. Lowndes to desire the Lords Commissioners of the Treasury
to give directions to the Commissioners of Customs for an account
of merchandize exported and imported at the Port of London for
some late years to be sent to the Board for his Majesty's service
upon daily occasions. Reply to first.
Addresses in favour of Col. Fletcher, signed by the Rector,
churchwardens and vestrymen of Trinity Church in New York
and by the Minister and Elders of the French refugees read and
returned to him.
Letters ordered to be prepared to transmit the Instructions
about Trade to the several Governors of Plantations. Letter to
the Postmaster of Deal ordered, bidding him send his Downs
Lists and take care to send forwards the packets sent him by this
Board, and promising him the same allowance as formerly.
Extract of Mr. Stoughton's letter, Jan. 25, 1698, relating to
prizes, ordered to be sent to Mr. Lowndes, with desire to know
what answer the Lords of the Treasury think fit should be made.
Jan. 27. Five pounds paid to four extraordinary copying clerks.
Petition of John Lucas of Antigua read and himself heard.
Mr. Hutcheson, agent for Col. Codrington, deceased, ordered to
attend on Thursday next. [Board of Trade. Journal, 11. pp. 373-376 ;
and 96. Nos. 18 and 19 ; and Trade Papers, 14. pp. 165-167.]
Jan. 26-28. 56. Minutes of Council and Assembly of Antigua. The Repre-
St. John's, seutatives in the new Assembly :
Justices. Division.
PV I Capt. John Roe - ) For Old Road and
'
Capt. Peter Lee - J Bermudiem Valley.
Edward Byam m. Thgn-g^ ; t O ld North Sound.
Edward Byam { ^^Lyons I } ^w North Sound.
' { *' Bt- ^hn's Town.
32
COLONIAL PAPERS.
1G99.
Jan. 27.
Nevis.
Justices.
Phile. Bird
Saml. Martin
Peter Lee
Division.
St. John's.
Five Islands.
- )
John T anker d
John Tankerd
Henry Lyons -
Henry Lyons -
- J
- J
Pope's Head and
Dickison's Bay.
Belfast.
Falmouth and
Randevous Bay.
Willoughby Bay.
Nonsuch.
f Mr. Richard Oliver -
( Capt. John Weir
Capt. Robert Martin
f Saml. Walkins
( Francis Rogers
Capt. John Kerr
Abraham Swan
Robert Freeman
Keane Osborne
Capt. Henry L} r ons -
William Lavington -
Capt. Stephen Duer
Capt. Wm. Prear
were presented to the Deputy Governor and Council, and elected
Capt. Geo. Gamble their Speaker.
The Deputy Governor and Council recommended to the
Assembly the letter of the Lords Justices concerning Col. Colling-
wood's new regiment and suggested a small Act for quartering
them. The Assembly replied that they proposed that the soldiers
should be quartered as usual for six months as to the satisfaction
to be made to the inhabitants, and in return be obliged to guard the
island. No women belonging either to officers or sentinels to be
quartered at the country's charge. In return, also, fourpence a
day to be paid to the agents at home out of each sentinel's sub-
sistence. The Council replied that the reason given for not
treating the new regiment so generously as the former one,
Col. Holt's, viz.: that the money voted " centerd in the King's
coffers or in the hands of some about him" and did not benefit the
poor soldier, was wholly contrary to His Majesty's intentions. Let
an Act be speedily drawn up that the men may be disposed of and
not lie in town and get distemper. The Assembly resented the
pressure put upon them which, they maintained, was merely a
device to curry favour ; they asserted that free quarters were an
abomination to the King and contrary to the fundamental liberties
of the people, and sent a rough draft of an Act for billeting the
three companies of Col. Collingwood's regiment which had arrived,
with which the Council concurred. The Assembly expressed their
surprise and indignation that the President and Council of Nevis
had refused to affix the public seal to the Act for encouraging
aliens, they proposed to send it home without seal, but the Council
suggested that it would save time in procuring the royal assent,
if they first found out the reason of the seal being refused. The
Deputy Governor was asked by the Assembly to serve as Chief
Justice for the year on the consideration of *2QQL, and accepted.
The Council repeated that free quarters for six months to the
three companies of soldiers was absolutely necessary. [Board of
Trade. Leeward Islands, 64. pp. 291-298.]
57. Letter from Col. Francis Collingwood. We arrived
without a single sick man in the regiment. I pray you to get me
a commission for a gentleman who is corned alonges with me and a
AMEItK'A AND WEST INDIES. 33
1699.
man who deserves very well, his name is Mr. John Daney.
Si;/ ned, Fr. Collingwood. 2 pp. [Board of Trade. Leeward
Islands, 6. Xo. 20A.]
Jan. 29. 58. Governor Blakiston to Council of Trade and Plantations.
.Maryland. The day of my arrival, five weeks ago, there was orders sent out
for a meeting of Council. I was ashore ten days before I could
either have my commission read or published, for want of a due
number of the Council, and with much difficulty five were
assembled, but the reason of not having more, and their not
meeting sooner was occasioned by the obstruction of the rivers being
froase up that it is hardly accessable from one county to another,
and the settlements from each other at a considerable distance,
l.'poii reading and proclaiming my commission I performed the
first part of my instructions by administering the oaths appointed
and the association, etc., but it is not possible, according to my
orders upon my first arrival, to tender it to all those in places of
trust, for to send orders to some places in this province it may not
be effected this six weeks as I am informed, but there shall be no
time omitted on my part. I send a copy of the Journal of what
past in the Council upon my arrival. I found an Assembly here
on foot, and that they were prorogued till June 28 by Col. Nicholson.
I acquainted the gentlemen of the Council with some part of my
instructions, amongst which I had orders to convene an Assembly
in some convenient time. I enclose the reasons the Council
assigned that it was not for His Majesty's interest nor consistent
with the advantage of this Province, for that some laws which are
temporary fall upon the dissolution of this Assembly, particularly
that of the impost upon liquors, which is, they say, of a consider-
able emolument to the public. I hope what few steps I have made
as yet will meet with your Lordships' approbation, I being altogether
a stranger to this province, I thought I could not act with more
safety for His Majesty's interest, than to concur with those gentlemen
whose long experience and I hope their good inclination for
His Majesty's service will always advise the best. I had the good
fortune to meet Col. Nicholson here upon my arrival, who had
upwards of four years' experience in this government, and desired
he would be present when the Council met, and in my poor opinion
I thought it not a fault, since the King had been pleased to distinguish
him with such a mark of his royal favour to promote him to the
Government of Virginia, that he was every way gratified to assist
me, for my information, he having had a long experience here. I
hope your Lordships will not impute it to any neglect of mine, or
think it long, if I am tarde in giving so immediate an account of the
proceedings of the country, for the General Assembly are not to
meet till June 28, but I hope when they are assembled I shall find
them ready and willing to promote His Majesty's interest. I am
not able as yet to give any account of how this province is supplied
with ammunition and arms, by reason of the season of the year,
but by what little information I can gather they are in no great
want.
I am informed the crops of tobacco last year is very short to what
was expected and that the ships that are now here will fall short,
12208 C
34 COLONIAL PAPERS.
1699.
it's thought, of being full freighted. Signed, N. Blakiston. Endorsed,
Reed. Read April 21. 3 pp. [Board of Trade. Maryland, 3.
No. 68 ; and 9. pp. 371-374.]
Jan. 30. 59. Minutes of Council of New York. Hendrick Hanson and
Fort William Johannes Bleeker were granted a pass to Canada to trade with the
Henry. l n( Ji ans> Accounts of Col. Schuyler and Mr. Dellius, envoys to
Canada, referred to a Committee. [Board oj Trade. New York, 72.
p. 185.]
Jan. 81. 60. Journal of Council of Trade and Plantations. Col.
Fletcher's case considered and directions for a report theron given.
[Board of Trade. Journal, 11. p. 377 ; and 96. No. 20.]
Feb. 1. 61. Minutes of Council of Barbados. Mrs. Mary Cooper's
petition for two years' arrears was read. She was ordered 100 for
her present occasions. Lattimer Richards was allowed 4 Is. ll|rf.
on his account. The Bill for the Provision of Servants was passed.
The proposals of Magnus Popples about building a mould (mole ?)
were laid before the Board. He was ordered to attend next
Council day. The Assembly's Bill about the Common Road was
rejected " for that this house hath already sent down a Bill from
hence to the Assembly for the same purpose." The Assembly
sent the Bill back with amendments, to which the Council agreed
and the Bill was read accordingly. [Board oj Trade. Barbados, 65.
pp. 387-388.]
Feb. 1. 62. Journal of Assembly of Barbados. Presentments of the
Grand Jury ordered to be read and laid up among the Assembly
Papers. An answer to the Refiners was read and laid by for con-
sideration. The Bill to enlarge a Common Road was sent down
from the Council and passed. A Bill for the provision or placing of
servants was read and debated. It was decided that white servants
should not be placed on owners of personal estates but keepers of
public houses should be charged with one each, owners of sloops
and shallops two each, owners of houses of '60 rent, one each.
George Peers, William Wheeler and Robert Harrison withdrew
themselves from the house without leave, whereby the business
under consideration was impeded, there being only fourteen
members present. [Board oj Trade. Barbados, 65. -pp. 335-337.]
Feb. 2. 63. Journal of Council of Trade and Plantations. Letter to
Mr. Secretary Yernon ordered, to acquaint him with the contents
of a letter from Mr. Parker, Consul at the Groyne, relating to the
woollen manufacture at Sada. Account of the exportation of cloth
by the Turkey Company for several years communicated.
Letter from Mr. Burchet, Secretary of the Admiralty, enclosing
copy of letter from Mr. Bridges to the Commissioners of the Navy
(Boston, Nov. 16) relating to the production of naval stores there,
read.
Letters to the Governors of Barbados, Jamaica, New York,
St. Christopher's, signed.
Copy of the establishment of the two companies sent to the
Leeward Islands in King Charles II.'s time ordered to be given to
Mrs. Hill, widow of Col. Hill, deceased.
AMERICA AND WEST INDIES. 35
1699.
Order of Council of Nov. 24, approving several Acts of the
Massachusetts Bay, read.
Mr. Brenton was desired to attend to-morrow upon the matter of
a commission of enquiry and instructions to be sent to Lord
Bellomont with relation to Rhode Island.
Representation ordered to be drawn upon the memorial of Sir Bar-
tholomew Gracedieu and Mr. Gilbert Heathcote relating to Jamaica.
Letter to Sir Charles Hedges ordered, asking his opinion whether
the pretensions of the English for damage done them by the French
upon the island of St. Christopher's, contrary to the Treaty of Breda,
which continued undecided till the outbreak of the late war, remain
in force or are set aside by the Treaty of Ryswick.
Feb. 3. Mr. Brenton was desired to draw up a memorial of what
he thought most proper with relation to enquiries to be made into
irregularities of Government of Rhode Island.
Letter to Lord Bellomont signed, together with letters to the
Governments of Connecticut and Rhode Island relating to H.M.
Instructions about the Acts of Trade, to be enclosed. Secretary
ordered to enclose the same instructions to Mr. Penn for the
Government of Pennsylvania and to Mr. Thornburgh for the
Lords Proprietors of Carolina and the Bahama Islands.
Mr. Attorney General's opinion about the query lately sent him
relating to Mr. Hamilton, a Scotchman, propounded to be Governor
of the Jerseys, read.
Mr. Kick referred to H.M. Customs.
Mr. Lucas stated that he had desired the Lord Lucas to speak
to Col. Codrington about composing the differences between them.
Letter from Mr. Burchett enclosing copy of letter from Capt.
Norris with several papers relating to Newfoundland read.
Letter to Mr. Vernon about woollen manufacture at Sada signed.
[Board of Trade. Journal, 11. pp. 877-382; and 96. Nos. 21 and
22 ; and Trade Papers, 14. pp. 168-169.]
Feb. 2. 64. William Popple to Sir Charles Hedges. The Council of
Trade and Plantations noticing that several of His Majesty's
subjects had very considerable pretensions against the subjects
of France for damages suffered from them in the island of
St. Christopher's, contrary to the Treaty of Breda, which continued
undecided till the time of the late war, desire your opinion whether
those pretensions do yet continue in force or are set aside by the
Treaty of Ryswick. [Board of Trade. Leeward Islands, 45.
p. 324.]
Feb. 2. 65. Council of Trade and Plantations to James Norton, L.G.
Whitehall, of St. Christopher's. The French Ambassador has laid before His
Majesty a memorial wherein he complains of the spoils committed
by the English upon the French part of St. Christopher's. We are
not yet furnished with any authentic account of what has been
done, and desire you to inform us, and withal, if any such spoils
have been committed, to acquaint us fully with the grounds and
reasons thereof. Kiancd, Your very loving friends, J. Bridgewater,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill.
Endorsed, Sent to the Postmaster at Deal, and by him delivered to
John Neads, Master of the Europe. [Board of Trade. Leewnrd
Islands, 45. pp. 323, 324.]
36
COLONIAL PAPERS.
1699.
Feb. 2.
Whitehall.
Feb. 2.
Whitehall.
Feb. 2.
Whitehall.
Feb. 2.
66. Council of Trade and Plantations to the Earl of
Bellomont. On the occasion of hearing Col. Fletcher's business,
several merchants and others concerned in the Province of New
York, have expressed to us their fears lest the changes you have
introduced and the favour you have shown to Leisler's party
should lead to disorder, and a policy of retaliation by that party, if
triumphant at the elections,, aiming at reparations for damages
suffered in the time of the disorders of that province upon occasion
of the late happy Revolution, to the great hazard of their effects
there. They dare not, they say, send any goods therefore to New
York, but like many of the inhabitants are only anxious to with-
draw. Till we can give you a full account of what shall be
determined by His Majesty upon your several letters we can only
advise that no Act of Assembly be passed by your Lordship's
consent whereby any retrospect be had to the quarrels between any
parties during the forementioned disorders or for the reparation of
damages then suffered on either side without His Majesty's express
pleasure first had therein. Signed, J. Bridgewater, Ph.* Meadows,
Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. New
York, 53. pp. 254, 255 ; and 44 A. A'o. 27 (rough draft).']
67. Council of Trade and Plantations to Governor Sir Wm.
Beeston. We send you His Majesty's instructions relating par-
ticularly to the observation of the Acts of Trade with copies of Acts
therein mentioned. Signed, J. Bridgewater, Phil. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Abr. Hill. Endorsed, Sent to the Post-
master of Deal, and by him delivered to Tho. Liell, Master of the
ship Catherine. [Board of Trade. Jamaica, 56. pp. 245-247.]
68. Council of Trade and Plantations to Governor Grey. We
received your letter of Oct. 23 about a month ago and have nothing
particular to answer, except to wish you health and prosperity in
your new Government. W T e transmit instructions from His Majesty
relating particularly to the observation of Acts of Trade in the
island of Barbados, and the like whereof, mutatis mutandis, have
been sent to the Commanders-in- Chief of His Majesty's other
plantations in America. You will observe in the beginning of
these instructions an enumeration of several Acts said to be there-
with transmitted to you which we therefore accordingly send.
Signed. J. Bridgewater, Philip Meadows, William Blathwayt, John
Pollexfen, Abraham Hill. [Board oj Trade. Barbados, 44.
pp. 238-240.]
69. Agents of Jamaica to the King. We pray that patents for
the great offices be not granted except to those willing to reside on
the island and personally to execute them. Otherwise, their
substitutes are forced to extortion. The island since the late war
has lost above half its people, by the earthquake, invasion of the
French and irregular impressing by the men-of-war. To repeople
it we propose the sending over of 200 soldiers, if possible tradesmen,
to be in pay and duty there, with directions that when any of them
are ready to employ themselves either in planting or trades they
shall on application be discharged without fee, but obliged to do
their duty as soldiers whenever His Majesty's service requires it.
AMERICA AND WEST INDIES. 37
1699.
Recruits should be sent out at Christmas, the most healthy season,
and two men-of-war, a fifth and sixth-rate, sent out annually at
Christmas to guard the island. No man-of-war should carry off
any indebted inhabitant without his having his ticket, according to
the law of the country observed by merchant ships. Signed, Bartho.
Gracedieu, Gilbert Heathcote. Endorsed, Reed. Read Feb. 2,
169$. [Board oj Trade. Jamaica, 8. No. 106 ; and 56. pp. 247-
250.]
Feb. 2. 70. Minutes of Council of Massachusetts. 15 ordered to be
Boston. paid James Meers, taverner, of Boston, for a public dinner for the
L.G., Council and other gentlemen upon the day of convening the
General Assembly. [Board of Trade. New England, 49. p. 190.]
Feb. 2. 71. Attorney General to Mr. Popple. In reply to your letter
of Jan. 17, 1 am of opinion that a Scotchman born is bylaw capable
of being appointed Governor of any of the Plantations, he being a
natural-born subject of England in judgment and construction of
law, as much as if he had been born in England. Signed, Tho.
Trevor. Endorsed, Reed. Read Feb. 13, 1698-9. [Board of
Trade. Proprieties, 2. No. 45 ; and 25. p. 304.]
Feb. 3. 72. Governor Grey to Mr. Secretary Yernon. I received
Barbados, yours of the 23rd of November in relation to the apprehending
your notorious pirate Kidd. He has not been heard of in these
seas of late, nor do I believe he will think it safe to venture
himself here, where his villanies are so well known ; but if he
does, all the diligence and application to find him out and seize
him shall be used on my part that can be, with the assistance of a
heavy crazy vessel, miscalled a cruiser, that is ordered to attend
upon me. And here I must take the opportunity of letting you
know, and hope you will be so kind as to acquaint the King with
it, how poorly we are provided against any pirates that should
infest these seas, and without there be two men-of-war, one of 50
guns and a good sailer, to stand after them in case they should
molest the trade here, which is too considerable to England to be
neglected, and another of 20 or 25 guns to secure the ships
coming in and going out, I don't see how we can annoy them,
though they may make us very uneasy ; which considerations I
hope will be of some weight with his Majesty. I have lately
received a letter from my Lord Bellomont, to desire a convoy for
some small vessels to Saltatudos in their way home to New
England, but cannot, for the reasons above given, comply with his
request. Rear-Admiral Bembow called here about three weeks
ago and stayed in the road three days, till one of his squadron,
who was left behind, joined him, and then made the best of his
way for the Leeward Islands, with Collingwood's Regiment on
board him, from whence I hear the French talked big and made high
demands upon their resettling St. Christopher's, but upon the sight
of an English flag, they began to change their language. Copy.
Dated, Feb. 3, 169f . Endorsed, Reed. 3rd April, Read 18th April,
1699. 2 pp. [Board of Trade. Barbados, 7. No. 75 ; and 44.
]>]>. 247, 248.]
18 COLONIAL PAPERS.
1699.
Feb. 3. 73. Council of Trade and Plantations to Governor the Earl of
Whitehall. Bellomont. This letter relates chiefly to the government of the
Massachusetts Bay. We have received several letters from
Mr. Stoughton. We enclose two orders of the Lords Justices
(Nov. 24, 1698), one of them confirming the greater part of the
Acts of General Assemblies, Feb. 1694-Oct. 1697 ; the other for
the repeal of some. Amongst the Acts repealed you will find that
for incorporating Harvard College at Cambridge in New England.
We are particularly directed to signify the reason why that Act has
been repealed, and desire you to inform the Council and General
Assembly that it is because an Act formerly passed in that
Province to the same purpose having, upon report of the Lords of
the late Committee for Trade and Plantations, been repealed and
the reason signified to the L.G. and Council of the Province (viz.
Because no power was therein reserved to His Majesty to appoint
visitors for the better regulating of the College, with further
intimation that the General Assembly might renew the same Act
with a power of visitation reserved to His Majesty and the Governor
or Commander in Chief of that Province) yet in the passing of this
late Act that direction has not been observed, but the power of
visitation is placed only in H.M. Governor or Commander in
Chief together with the Council of that Province for the time
being, which is very different from what was proposed. The
Supplemental Act and that for Eeviving and establishing Judi-
catories have been repealed because they revive or supplement a
former Act which has already been repealed. The Act obliging
strangers to give security on commencing suit has been judged to
be too partially favourable to the inhabitants of that Province and
injurious to all strangers that have any dealings with them. The
Act for continuing certain Acts is repealed because it continues
and reinforces an Act encouraging a Post Office, which was before
repealed. The Act for the establishing of Courts, providing
amongst other things that all matters and issues in fact shall be
tried by a jury of twelve men, has been judged directly contrary to
the intention of the Act of Parliament for preventing frauds and
regulating abuses in the Plantation Trade, by which it is provided
that all causes relating to the breach of the Acts of Trade may at
the 'pleasure of the Officer or Informer be tried in the Court of
Admiralty to beheld in any of His Majesty's Plantations respectively,
in which Courts the method of trial is not by juries of twelve men.
We add that it is necessary your Lordship take especial care that
the intent of the aforementioned Act be duly complied with in
that Province. With regard to the Acts in general, the practice of
joining together diverse Acts or clauses upon different subjects
under the same title is a great irregularity and in some occasions
may tend to the prejudice of the Province, as in the Supplemental
Act, some of the additions in which might have been approved if
they had been separately enacted. This is what the Governor and
Council of that Province have formerly been particularly blamed
for and directed to reform.
There is another undue practice grown also now too common in
the Assemblies of the Massachusetts Bay, which is the making of
several laws temporary and renewing them from time to time,
AMERICA AND WEST INDIES. 39
1699,
whereas they ought either to be made indefinite, if they are good,
or, if otherwise, not made at all. This practice having grown to a
great abuse in some other Colonies, His Majesty has thereupon
given to the Governors of such Colonies where it was judged neces-
sary the following instructions, viz. : That all laws whatsoever for
the good government and support of the said Colony be made in-
definite and without limitation of time, except the same be for a
temporary end and which shall expire and have its effect within a
certain time, and therefore you shall not enact any law which shall
have been once enacted by you except upon very urgent occasions,
but in no cases more than once without His Majesty's express con-
sent. And as we observe the same method to grow too much in
use in the Province of the Massachusetts Bay, we cannot but
recommend the observation of the foregoing instruction to your
Lordship. We desire to be informed of the success of the Act for
the encouraging of making salt within the Province. It has been
represented to us as a discouragement to any persons from
troubling themselves about the seizure of pirates' goods in that
Province, that the share of those who make such seizures is
not there fixed by law, but left to be as usual, which makes it
very uncertain and precarious. If that be so, we think it deserves
your Lordship's care to get some more effectual provision made by
ascertaining a considerable share of recompense to those who shall
do any such services. We write the more doubtfully in this matter
because we have not any complete collection of the laws of that
province, and desire you to give directions that such a collection be
sent to us and that in transmitting all future Acts of General
Assemblies there be at least three or four copies thereof sent us by
different conveyances. In perusing the Journal of the Assembly
(1696) we observe mention made of a Bill passed relating to one
Lydia Moor which we have not found amongst the Acts transmitted
to us. We desire your Lordship to enquire into the matter. In
answer to Mr. Stoughton's letter of Oct. 24 about the encroach-
ments of the French either upon the territories of that province
by land or the English rights of fishery by sea, we are thoroughly
sensible of the great prejudice that would arise to England by
allowing the French in either of those pretentious and have there-
fore already laid the same before His Majesty, and shall add
whatever further we conceive may be most effectual for maintaining
our right and preventing so great a mischief, when any treaty about
things of that nature shall be entered upon with the French Com-
missioners, who are now arrived here for that purpose. Mr.
Stoughton's enquiry about His Majesty's share of prizes we have
referred to the Lords Commissioners of the Treasury. We enclose
letters to the Government of Connecticut and the Government of
Rhode Island. We expect to hear of your arrival in New England.
There is no dependance upon the frigate you desired for your trans-
portation, in spite of our application. Signed, J. Bridgewater,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board
of Trade. New England, 37. pp. 124-131.]
Feb. 4. 74. President and Council of Nevis to Council of Trade and
Plantations. On Jan. 12 arrived Admiral Bembo with Col.
Collingwood and his regiment together with Commissary Taylder.
COLONIAL PAPERS.
1699.
The soldiers are well taken care of in the several islands of this
Government in proportion with due regard to St. Christopher's.
The Marquis D'Arnblimont with three ships of war, one hired
ship and .several small vessels passed by on Jan. 11 to possess
themselves of the French part of St. Christopher's, where were
ready to attend the delivery thereof the Commissioners appointed
by the late Governor Codrington. On the 12th the Marquis and
French Intendant were permitted ashore, to treat with our
Commission and particularly insisted, as directed by the French
King's Commission, to have all the French estates that were in
the English part of that island restored them, but being refused
as persons who had forfeited their allegiance to His Majesty by
adhering to the French, they accepted the island without persisting
in their claim, saying they would acquaint the King their master
with our refusal. Our Commission demanded the liberty of
gathering salt, as hath been formerly accustomed and particularly
commended in His Majesty's instructions, and offered them the
liberty of filling water at our rivers in the Old Eoad. They
refused to settle that matter till others were agreed to when
they had possession. The island was surrendered up to
the Marquis D'Amblimont, Jan. 13, and gave a discharge
for the same, which with His Majesty's warrant for its delivery
and the commission by which Col. Codrington appointed
Commissioners to execute the same, are enclosed. Since
taking possession the French have sent in their demands to
Col. Norton, Lt. Governor. Copies enclosed of these and their
letter to us, and demands against this Government upon our
demanding 21 negroes belonging to Col. Codrington and Col. John
Hamilton of Antigua, which run to them from Antigua since the
conclusion of the peace. Our Commissioners appointed for the
delivery of the French Island, not being further empowered to act
than the surrendering up of the island, (and) we daily fear that
this practice of running away of our French negroes taken in the
late war, (which) if special care be not taken, will prove of very
pernicious consequence to many of His Majesty's subjects, and we
pray your Lordships' attention to prevent this growing evil. A
person, who hath made it some part of his care to inform himself
of the present and past circumstances of the Island of St.
Christopher's, having seen the Marquis D'Amblimont and the
inhabitants' demands since their possession of the Island, having
offered to us some reasons by way of answer to said demands, and
which we acknowledge in the main to be true and consonant to His
Majesty's interest, [we] do presume to send them your Lordships,
that if His Majesty should be pleased to send his command to treat
with the French Government in order to preserve a good correspond-
ence between the subjects of both nations on that island, your Lord-
ships may please to have regard to such parts herein as in your
wisdom you shall think proper. Information being brought before us
that Mr. Cressy, a young man that came hither in the service of Sir
William Stapleton, Bart., and is now married here, was suspected
of being concerned in the late plot for assassinating His Sacred
Majesty, we have caused him to be secured till he give i'1,000
security to appear till His Majesty's pleasure shall be known. A
AMERICA AND WEST INDIES. 41
1699.
better state of the matter nor a truer we cannot give than by
sending the enclosed depositions. He informs us that he was a
servant to Col. Winthrington who lived in Somerset House. On
Sept. 10th two sloops, called the Adventures, going hence to Crabb
Island, the leeward-most Island of this Government, there to
winter out of danger of hurricanes and then to return hither with
turtle they catch there, were surprised in an evening and taken by
two small half galleys from Porto Rico which came armed and
took them in the night and thence carried them to the adjoining
island of St. John and Porto Rico under the Government of Spain,
where the men are kept prisoners to the great terror of His
Majesty's seafaring subjects of these colonies. The merchants'
loss is valued at 1,000 and they petition us for reparation, which
is not in our power without special instructions. Signed, William
Burt, H. Holt, Walter Symonds, Dan. Smith, John Smargin,
Rich. Abbot. Sent by Capt. Gardiner. Endorsed, Reed. Read
March 20, 169f . 3 pp. Enclosed,
74. i. Copy of His Majesty's Commission to Col. Codrington
for the delivery of the French part of St. Christopher's.
Jan. 3, 169$. On lack,
74. n. Copy of the Marquis D'Amblimont's receipt for the
French part of St. Christopher's. French. Jan. 23,
1699. Stuck on,
74. in. Endorsement and receipt of above. Signed, John Ellis.
March 24, 169. The ichole endorsed, Reed. March 20,
169.
74. iv. Governor Codriugton's Commission to Hon. James
Norton, Hon. William Mead, Joseph Crisp, Hon. Col.
Rowland Williams, Richard Abbott, Col. Anthony Hodges,
for delivering the French part of St. Christopher's.
July 5, 1698. Copy. 3 pp. Endorsed, March 20, 169?!.
74. v. Demands of the Marquis D'Amblimont, Governor and
Commander in Chief, and Mons. Francois Robert,
Intendant, made to the English Commissioners after the
restitution of the French part of St. Christopher's.
Jan. 26, 1699.
Article (1) The old bounds between the French
and English, as they were before the French part
of the island was taken in 1690, to be restored.
(2) Commissioners to be appointed for this purpose,
(3) and to restore all the French cannon taken by the
English in St. Christopher's, (4) and to restore their
property to all the French who have estates in the
English part, (5) and to make reparation for damage
done to French property since the signing of the Peace.
(6) All free negroes and mulattoes who lived among the
French before the war and have since been taken by
the English at St. Christopher's, Martinique and
Guadeloupe to be immediately restored, (7) and slaves
to be permitted to return to their French masters.
(8) That all Treaties and Articles formerly agreed
between French and English Governors of the Island,
especially those between Mons. Bailly de Poincy and
42 COLONIAL PAPERS.
1699.
Col. Wermird (Warner) in 1655, and Monsr. De Baas
and Sir Francis Wheeler, Dec. 1671, be punctually
observed. (9) Since the French have always had a
right to half of the sulpher mines, they may now enjoy
the same according to the treaty of 1655. The roads in
the English part to be free for the French to travel in
as they please. The fort built on Brimston Hill, which
since the peace belongs equally to the French and
English, to be immediately demolished. The English
to have the same liberty and the same use of the
French roads to go to the salt ponds. (10) That the
French shall have liberty to water in the English rivers,
according to the ordinary custom of the sea. (11) That
all injuries shall be forgotten and that both sides shall
endeavour to live well and peaceably together, and be
forbidden to abuse or injure each other. Copy.
French. 6 pp.
74. vi. List of cannons that were in the French part of
St. Christopher's before the war. Total 77. Copy.
French. 1 p.
74. vii. Letter of the Marquis D'Amblimont and Monsr.
Robert to the English Commissioners, with their
demands. After establishing the French Colony our
first care is to renew civilities with you and to restore
good relations between the two nations in the island.
To this end we send our demands and propositions in
writing, to which we beg your reply article by article.
Jan. 26, 1699. Signed, Le Marquis Damblimont,
Robert. 2 pp. French. The icholc endorsed, Reed.
March 20, Read March 21, 169f .
74. vin. Memorial in answer to the French demands. The
first two articles may be easily granted. As to the giving
up of the cannon, it is not said by the seventh article of
the Peace that with forts we are to deliver up cannon, as
in the other treaties with the German princes and others.
Besides the cannon were our plunder. I wonder the
French do not send to St. Eustatia under the Dutch
Government to demand the guns they mounted there,
since they presume to demand back even the guns they
mounted themselves in our fort ! Many of the cannon
have been taken off by privateers. (4) The French
owners of estates in the English part who stayed and
kept their allegiance are now in quiet possession of their
rights, or so much of them as their rebel countrymen
left them after burning and destroying their houses,
carrying away their negroes and making a prey of
their cattle. The very Frenchmen whose estate they
now demand were particularly instrumental in aiding
them in spite of their allegiance and were not the
modestest enemy, one of them, one Curran, was so ill a
fellow as to join with a parcel of savage negroes and
malatos, contrary to all the laws of arms, and
murdered sixteen of our men in cold blood in burning
AMERICA AND WEST INDIES. 43
1699.
them alive in Monsr. Jaffair's house. Whether this or
any of them that have .been such enemies to the
English Crown ought to be restored, I leave to all
Englishmen to judge. (5) I cannot consider we ought
either to rebuild or make reparation for pulling down
the houses in Bastarr (Basseterre) left by us in the
French quarter during the war merely to shelter our
own people. In the late and former war the French
destroyed every house and church the English had in
their part, and these houses being portable and our
property it was not unlawful, I consider, to remove
them at any time before the French made their
demands of that part of the island. I believe (6) but
reasonable when they have restored all such negro
slaves as is run from the English and come to their
possession since the war, which are much more in
number than all the free negroes and malattos I
know of in all or any of the Islands, and this leads
me to article (7) in which they shew the assurance
peculiarly inherent in the French nation in demanding
a restoration of the French slaves taken in the late
war, which have been sold into a thousand hands as
the reward of those good subjects as hazarded their
lives in reducing the Island. For this demand they
have not the least colour of pretence and (it] only serves
to mind them how unjust they were to us after the
Peace of Breda, whereby it was pertinently provided
that whatever slaves had been taken from the English
of these islands, St. Christopher's, Antigua, Montserrat,
should have six months' time to return to their masters,
yet of many hundred negroes taken from His Majesty's
subjects not one negro was ever returned but most
industriously and clandestinely kept out of the way.
(8) As by the Treaty of Ryswick we are put on equal
terms with the French here, it is not for the honour of
His Majesty or his subjects' interest to regard old
treaties made by former Governors beyond giving
directions to Commissioners to inspect them and agree
to such parts as may truly appear for the honour and
safety of His Majesty's interest now. (9) The full
moiety of the sulphur mines or Brimston Hill
the French say they have by virtue of a treaty in
1655 is no such thing ; they only had the concession
by some former Governor, when it may be necessity
compelled him to it, to come by sea and land at the
foot of Brimston Hill and carry away limestone,
which they were after hindered from for some years
before the outbreak of the last war. No Governor could
S've away to a foreign prince the King's right of any
nds without the King's warrant, and if they have that
let them produce it. The reason why they advance
this claim is really that, this being the only hill situate
so near our own great fort, without securing it by the
44 COLONIAL PAPERS.
1699.
fortress we have built, we could not secure our great
fort, and which would in a manner be useless without
the assistance and defence of this hill, which is not only
made inaccessible by guns mounted in the fort built on
the top of it, but there are cisterns to hold water and
the hill is planted with Indian provision fit to maintain
a sufficient number of men to keep it six months and
commands all the ground about it. It was the hill on
which we planted six pieces of cannon and beat the
French, as soon as we did, into a surrender when they
were last masters of our great fort. As to the liberty of
limestone I consider it noways fit to grant it to them,
for they have brought engines and workmen to build
them forts with the object of annoying us when time
shall serve. It is not common prudence in us to put the
rod in their hands, which is to give them time to build their
forts, instead of debarring them and making them bring
it at a vast charge and expense of time from St. Martin's
or St. Bartholomew's. All they offer or have to give us,
which in justice is our right, is the liberty of bringing
salt from the salt-ponds, from which if they debar us we
will hinder them from water, which to them is ten times
the conveniency the salt is to us, for in peace we have so
many salt islands near that salt is seldom dearer than
18<7. a bushel. The French ships now here daily beg
water from us, and if we refused, the men-of-war would
have to move. Feb. 1, 1691. Not signed. 4 closely
written j)a<jes. Endorsed, Reed. Read March 20, 1691.
74. ix. Marquis D'Amblimont to Governor Norton. I have
received your letter from the hands of Col. Hamilton and
should be delighted to be of service to him as a
meritorious gentleman who bears a distinguished name.
The enclosed memorial will show you what we are
disposed to do as regards his affairs and Capt. Perry's.
Some French negroes of Guadeloupe recently escaped to
Antigua and I demand their restitution, as also of
several free negroes taken from Guadeloupe during the
war. I enclose a list of their names. You are aware
that it is part of the Law of Nations that free negroes
in any country must not be sold but enjoy the same
prerogatives as men born free, so I hope you will find
no obstacle to prevent you from giving up those I
demand and from fulfilling towards them this office of
justice, charity and humanity.
I also demand the restitution of a French barque
belonging to M. de Bellairs, Governor of Granada, which
was taken by a privateer from Antigua after the expira-
tion of the term agreed upon at Ryswick. As all the
English ships taken since that date have been restored
I hope you will treat the French with the same justice
and save me from having to write to the King,
my master, on the subject. Signed, Le Marquis
D'Amblimont. Feb. 5, 1699. Copy. French. 2 pp.
Endorsed, Reed. March 1, Read July 7, 1699. Enclosed,
AMERICA AND WEST INDIES. . 4S
1699.
74. x. List of free negroes and slaves carried off from
Guadeloupe by privateers from Antigua Oct. 27, 1696,
and sold for slaves. \Vomen and children, some branded.
1 laiye page. French* Enclosed,
74. xi. Marquis D'Amblimont and Frai^ois Robert. Reply
to the memorial of Col. Hamilton (Coronel Amelton)
and Capt. Perry (Perre") praying for the restitution of
some negroes belonging to the French before the war
and taken afterwards by the English, who have escaped
from Antigua to Guadeloupe. According to our instruc-
tions and the Treaty of Ryswick all slaves belonging to
the French before the war and taken by the English,
when they got possession of the French part of
St. Kitt's, should be allowed to return to their former
masters. In case the Commissioners refuse to agree to
this the matter will have to be referred home, and in
the meantime we cannot give up the slaves who have
risked their lives to return to their masters in accord-
ance with the liberty secured to them by the Treaty.
In the second place, there is no treaty or convocation
between the French and English in these islands in
which it is provided that negroes escaping from an
island belonging to the one nation to an island belong-
ing to the other must be restored. Even in time of
peace the Sieur Hinselin, Governor of Guadeloupe, and
Madame Lacourville could not obtain restitution of
runaway negroes who had fled to English territory.
The negroes who have returned to their French
masters have been baptised and received into the
Roman Catholic Church: if they were restored, they
would be deprived of those opportunities of practising
their religion, to secure which was. perhaps, the main
object of the risks they ran. We are willing to refer
this question like those which have arisen about the
French part of St. Christopher's to their Majesties the
Kings of France and of England, and as a proof of
our goodwill, we will even ask them to make a
law dealing with the case of runaway slaves.
St. Christopher's, Feb. 5, 1699. Copy. French.
3 large pp.
74. xii. Deposition of John Cohen. Mr. Thomas Cressey at
Sir William Stapleton's house told him of the plot
(to assassinate the King) and said they were all put
to death, save one. Sworn before the Council,
Dec. 20, 1698. Signed, John Cohen, His Mark, and
Wm. Burt, President of the Council.
74. xin. Deposition of Christopher Stadout or Stodartt to
the same effect.
74. xiv. Deposition of John Nicholls to the same effect.
74. xv. Deposition of William Fenton, Jr., to the same effect,
but deponent believes Cressey "did detest and abhor
that bloody and villainous conspiracy."
46 COLONIAL PAPERS.
1699.
74. xvi. Deposition of Major William Butler, Mrs. Sarah
Butler and Mary Green as to the report made to them
by Mr. James Burtell, charging Cressey with having
being an ill man and saying that the reason he was
here was that a warrant was out against him for being
concerned in the conspiracy against the King.
74. xvii. Deposition of Thomas Butler to the same effect.
74. xvin. Deposition of John Smargin to the same effect.
74. xix. Deposition of James Burtell. Report of a conver-
sation with Mr. Cressy. Dec. 20, 1698.
74. xx. Deposition of Jane Burtell, to the same effect.
Dec. 20, 1698.
74. xxi. Confession of James Burtell. What I spoke against
Mr. Thomas Cressey were passionate words, a human
frailty of which the Apostles acknowledged themselves
not to be free. The occasion was a note sent to me by
Mr. Cressey wherein I apprehended my life to be
threatened, and, to make him satisfaction, I thought it
my duty not only to do it to my congregation by
confessing the words not to be true, which now I do
declare to your honours and hope that you, Mr. Cressey
and all Christian people will bury this fault in the grave
of oblivion, which I have prayed to God Almighty to do,
and hope and promise, through His assistance, never to
be guilty of this or any such like crime for the future,
but to behave and demean myself as a person living
suitably to the profession I bear, of which I hope your
honours will not deprive me for the sake of my poor
family who were great sufferers in the late wars and
persecutions in my country, and your petitioner shall
ever pray for your daily increase of health, wealth and
honour here and Eternal Glory hereafter. Signed,
James Burtell. Depositions endorsed, Reed. March 20,
169|. {Board of Trade. Leeward Islands, 6. Xos. 3,
3 i.-xxi. ; and 45. pp. 333-348.]
Feb. 4. 75. President and Council of Nevis to Mr. Secretary Yernon.
Nevis. \v e are favoured with your letter of Nov. 23 signifying the Lords
Justices' commands in relation to Capt. Kid and his accomplices,
which we shall communicate to the respective Governors of the
Leeward Islands. Signed, Wm. Burt, H. Holt, Walter Symonds,
Dan. Smith, Jno. Smargin, Richd. Abbott. Addressed and sealed,
Per Capt. Adamson and Capt. Gardiner. {Board of Trade. Lee-
ward Islands, 6. Nos. 3 (a) and 3 (a 1) duplicate.']
Feb. 4. 76. President and Council of Nevis to the Lords Justices. We
Nevis. are highly honoured by your Excellencies' commands of Nov. 9, by
the hands of John Taylder, Esq., whom you appointed to disband
the regiment of foot commanded by Col. Henry Holt and to incor-
porate the officers and soldiers into that commanded by Col. Francis
Collingwood, who arrived Jan. 12. We have provided convenient
quarters and accommodations in this island, St. Christopher's,
Antigua and Mountserrat for them. Signed, Wm. Burt, H. Holt,
AMERICA AND WEST INDIES. 47
1699.
Walter Symonds, Dan. Smith, Jno. Smargin, Richd. Abbott.
Addressed and sealed. [Board oj Trade. Leeward Islands, 6.
Nos. 3 (b.) and 3 (b. i.) duplicate.']
Feb. 4. 77. Governor Nicholson to Council of Trade and Plantations.
James City My grateful thanks for the favour of being commissionated Lt. and
Governor General. I hope you received my reports of Maryland
of Aug. 20 and Sept. 12 last. I received yours of Aug. 23, and left
it with my successor Col. Nathaniel Blakiston, together with your
former letters and all other public papers. I will send you the
Journal of Council there when fairly transcribed. Governor
Blakiston came to Annapolis Dec. 26, but by reason of the frost
etc. the Council did not meet before Jan. 2 when I delivered up
H.M. Government to him and gave him the fullest account of it I
could. We have settled a very good correspondence, AS I have had
the good fortune to do with H.E. the Earl of Belloniont. Copy of
their letters to me enclosed. I transmit the Council proceedings in
Maryland from Aug. 27 to Sep. 14, the Journal of the Council in
Assembly, Oct., Journal of House of Delegates Oct. 20, and Laws
made in Oct., 1698. In the Journals of Assembly you may please
to see the strange and unusual proceedings, to give you no worse
an epithet, of some of the House of Delegates, and whatever
grievances they pretended, were only to amuse the loyal people and,
if possible, to have made them disaffected to H.M. Government, and
no doubt would have been glad to have caused some risings or
commotions. But their actions are not much to be wondered at,
considering there be so many Papists, Quakers, Jacks and necessitous
people in that Government. For of the two last kinds are several of
the Delegates. But I thank God, by the assistance of the Council
and some of the Delegates, I defeated all their designs. And I
think I may without vanity say if it had been His Majesty's royal
pleasure that I had stayed there, I could have kept that Government
in profound peace and quietness. I enclose copies of petitions to
me and my answer to them, which I hope will be to your satisfaction
and a full answer to all Cood's and Slye's articles against me. The
copy of the Journal of the Committee of Public Accounts of Mary-
land show that all the debts of the country, which were many
when I came into it, both of tobaccos and money, are discharged,
as also the public buildings and several other contingent charges
are paid for : '100 given towards buying public libraries for the
parishes, and '100 towards building an hospital at a cool spring,
which, thank God, last summer did a great deal of good to people
that were troubled with several diseases, and yet there is in bank
about 800 and several Acts in force for raising money, that in all
probability, before they expire, will raise about the said sum. And
if any number of negroes go thither, half as much more. I enclose
the Journal of the Committee of Accounts held at Annapolis by
which you may see that all the tobacco accounts are paid, together
with the money account from the said Tobacco Journal. I enclose
proceedings of the Court of Admiralty where I had the brigantine
Xtmannah etc., tried, according to the Attorney and Solicitor General's
report upon my letter, and with submission I think that unless all
illegal traders be tried in Courts of Admiralty in these parts, they will
hardly be condemned, especially in the Proprietors' and Elective
48 COLONIAL PAPERS.
1699.
Governments. I enclose a copy of a petition to His Most Gracious
Majesty, of which the original is sent to Sir Thomas Lawrence, and if
your Lordship pleaseth, he is to present it to His Majesty. It being
the depths of winter when I left Maryland, I was not able to have
from the Collectors, Naval Officers, two Receivers and the Clerk of
the Council, their several lists, accompts and papers, to transmit.
But I hope in God to have them some time the beginning of next
month, for I design, God willing, to visit our frontiers, and from
the uppermost settlements on Potomac it is not above a day's
journey to Annapolis, whither I purpose to go in order to discourse
Governor Blakiston about the Indians and securing the frontiers
and settling of a post, etc. It hath been my fortune, when I came
into H.M. Governments, to find them under some unhappy
circumstances : I must esteem it a very great satisfaction, if,
please God, I can but deliver up this as I did before or Maryland.
I am deeply grateful for my Commission and Instructions which
you despatched so readily and await with great earnestness the letter
you say you will write to me, as my predecessor has not left me any
of your letters to him save that about an Act against Pirates, which
was the reason of the order of myself and Council, that Edmund
Jennings, Esq., Depy. Secretary, should wait upon Sir Edmund
Andross to desire and receive of him all letters and public papers,
etc. I enclose an account of what was done therein. Though
he would not be present at the publication of my Commission nor
deliver anything to me, so that in that respect I was left as much
as possible in the dark concerning H.M. Government, yet, thank
God, I am not in the least discouraged and hope I shall be not the
less able to discharge my duty. Being Sir Edmund would give me
no account of the revenue, fortifications, etc., I have gotten them
from the Auditor and the gunners. I enclose accounts of Edward
Ross, gunner of this place, and Richard Dunbar, gunner of Tyndal's
Point, over against which place, on this side of York River, there
are also eight field carriages, on which never any guns were yet
mounted. And I think it will now be too late, by reason that they
are in very little better condition than the others. I would also
have gone and seen the fortification, as 'tis called, in Nantzimum,
but I find that it is not now esteemed one, by reason that the gunner
is discharged. What public arms and ammunition there are in the
several counties, I hope to have an account at the meeting of
Council. I enclose Mr. Auditor Bird's accounts. His Majesty's
revenue of 2s. per hogshead is in debt about 4,200. I suppose the
country is in debt too upon several accounts, and I find there is
neither money nor tobacco in Bank to pay their debts, nor any Act
in force by which either of them may be raised. And by reason of
the unlucky accident of the General Court-House being burnt last
October-Court, in which building are several offices, and the House
of Burgesses also sat there, 'twill require about 2,000 to make
another suitable and convenient. By all these accounts you may
see under what bad circumstances I enter upon this Government.
And in point of the Revenue, when I delivered it up to Sir
Edmund, 'twas much otherways. But if he should pretend that
there is this year's 2s. per hogshead and quit-rents towards
balancing of the accompts, it cannot justly be allowed of. For
AMEEICA AND WEST INDIES. 49
1699.
there is but one crop a year to pay the 2s., and all the salaries and
contingent charges are annual ; and when he entered upon the
Government it was but three months sooner in the year. I find
it will be absolutely necessary for H.M. service to have an Assembly
as soon as possible, but fear that will not be till the latter end of
April. Sir Edmund spoke to me about one Mr. Dudley Diggs,
whom he had made of H.M. Council last October-Court. But with
humble submission I think there was no absolute necessity for it
then. For an Assembly and a Council had been held before that
time, and after the death of Col. Christopher Wormley, in whose
place he was put. And your Lordships in H.M. royal instructions
to me having left out the said Wormley, no doubt on account of
his death, and appointed 12 gentlemen besides and Mr. Diggs none
of them, I have found that by my Commission I could not admit
of him, because there is above the number nine. And I hope there
are a great many gentlemen in this province who have been and
are very zealous for H.M. service in general, that are in all
respects equally, if not better qualified than he. I hope you will
pardon me for not transmitting herewith the names of the
12 persons qualified to be of H.M. honourable Council, for,
with humble submission, I think it is for H.M. service to
defer it, till it please God that the Assembly is over, which
I think is a proper time to try men in, especially considering
how many of H.M. affairs are to be transacted there. I enclose
proceedings of the Council, Oct. 9th, 10th, 12th, 1698. And I
hope you will excuse me for not sending any further account of
this Government, since it is winter, so that I have not been able
as yet to go much abroad, nor had but one Council, and that short,
by reason of the fewness of the Councillors. In these parts of the
world these three last winters have been very extraordinary, the
first for the greatness of the snow, the other for the oftenness
thereof and great frosts, and length thereof, and this for the mild-
ness and fineness thereof, there having been little or no snow, only
some smart frosts at the beginning, but only enough to correct the
grossness of the air in point of the summer and fall heats, so that,
I thank God, we are very healthful. This weather and effects
hath been universal in H.M. Dominions here on the Continent,
all which pray God continue. I am now in hopes that it will
please God the winters and seasons will be as when these parts
were first seated, so that the tobacco-planters both here and in
Maryland may be encouraged to follow it and not go upon any
other projects which may be prejudicial to H.M. Revenues or the
interest of H.M. Kingdom of England. I suppose that there are
here very near ships enough (but more are daily expected from
England) to transport all the tobaccos, of which there are pretty
good crops : in Maryland very small ones but more ships than can
be loaded with this crop, so that they must either go from thence
dead-freighted or stay all the summer for the next crops. But it
makes well for the planters, for they have very great prices for their
tobaccos, which no doubt is caused by the quantity of ships, goods and
purchasers, as it is here also, for some give about 20*. per edict, for
Arronoco tobacco, and 25s. and upwards per edict, for sweet-scented.
Freight is low here, but particularly in Maryland. I heartily wish that
50 COLONIAL PAPERS.
1699.
the buyers of tobacco and the owners of ships may have so good fortune
as the sellers and freighters. Signed, Fr. Nicholson. (P.S.) A
little before I gave up the Government of Maryland I received Mr.
Yard's letter of Sept. 20 last, writ by order of the Lords Justices
concerning some French soldiers of the garrison of the Fort
du Noxoata en Accadie, which were taken by the English. I
ordered proclamations accordingly, but believe none of those French
soldiers are in that province or this. The original letter and names
of the soldiers I left with Gov. Blakiston. Mr. Jennings has
brought me a similar letter addressed to Sir E. Andross, so when
please God the Council meets, proclamations shall be sent into the
several counties by me. Signed, F.N. (P.S.) I have received the
Lords Justices' orders in pursuance to the laws relating to Trade
and Navigation, Sept. 30. As in duty bound, God willing, they
shall be obeyed by (Signed,) Fr. Nicholson. Endorsed, Reed. Ap. 3.
1698. R ea d May 19, 1699. 6 large pp. Enclosed,
Nov. 12. 77. i. Governor the Earl of Bellomont to Governor Nichol-
New York. gon j take ^ j s opportunity of assuring your Excellency
of my respects by Lt. Riggs, and to desire there may be
that correspondence between us that may create a
friendship and render us serviceable to the King and
old England. I am told it were feasible to engage some
new nations of the Indians to trade with us, such as the
Dowaganhas and others that lie behind Virginia and
Carolina, It may perhaps be worth your while to try
the experiment whether any of those nations are to be
brought to correspond with us. The French, I find,
have gotten a footing amongst them, but certainly we
are in a capacity of gaining them from the French
since by our contiguity to them and our numbers of
people we can afford to trade with them on better
terms than the French can possibly do at the vast
distance they lie from them. Our Five Nations of
Indians are reduced to so slender a number, the policy
of the French being to destroy all those they can't
debauch and inveigle from us. Therefore 1 think we
ought to look out for a new correspondence and trade
with those other nations, for at the rate our Indians
have been destroyed, not only during the war but also
since the war, they must necessarily be extirpated in
a few years. There has been a person with me upon
such a project, and told me he and some friends of his
would undertake to settle a correspondence with some
more western nations of Indians. I bade him put his
proposal in writing, which he promised to do. When
it comes to my hands, if it be well grounded and
rational, I will communicate it to your Excellency.
I send the printed conferences I had with our Indians.
1699. Copy. Signed, Bellomont. Endorsed as preceding.
Jan. 20. 77. n. Governor Blakiston to Governor Nicholson. I should
Annapolis. verv mucn j ov o near you g O t sa f e j n t o your Govern-
ment, I must always own it was my great good fortune
AMERICA AND WEST INDIES. 51
1699.
in meeting with you at my first coming here, etc.
Copy. Signed, N. Blakiston. Endorsed as preceding.
77. ni.-iv. Copy of proceedings of the Court of Admiralty,
Annapolis, Oct. 22, 1698, against the brigantine
Susannah of Spanish Town, Thomas Lorett, master,
for illegal trading. William Dent, H.M. Advocate.
Thomas Tench, judge. 7 pp. Endorsed as preceding.
77. v. Copy of a congratulatory address of the Governor,
Council, Grand Jury, etc. of Maryland to the King upon
the peace. Signed, Henry Jowles, Chancellor ; Charles
Hutchins, Thomas Tench, John Addison, Thomas
Brookes, James Frizby, Councillors; Robert Smith,
Thomas Tasker, John Thompson, James Keetch,
Richard Hill, John Hammond, John Hawkins, Judges
oj the Provincial Court ; Philip Lynes, Joreman ; Charles
Greenberry, William Comigys, Ambrose Kinamont,
Charles Filder, John Rawlins, Charles Beaven, John
Emerson, Ephraim Wilson, William Myls, Thomas
Kilman, Humphrey Tilton, Thomas Atterbery,
William Watts, Peter Watts, Aaron Tunison, Grand
Jury. Fr. Nicholson, Governor. Endorsed as preceding.
77. vi. Accounts of stores, ammunition, etc. in the Magazine
in James City, Feb. 1, 1699. Signed, Edward Ross.
77. vii. Accounts of stores, etc. at Tindol's Point, Feb. 1,
1699. Signed, Richard Dunbar.
77. vni. Memorandum of Mr. Auditor Bird's account. J p.
Endorsed as preceding.
77. ix. Memorandum of warrants for money past but not
brought to account, Jan. 18, 1699. p. Endorsed as
preceding.
77. x. Memorandum of accounts of salaries due. \ p.
Endorsed as preceding.
77. xi. Memorandum of account of quit-rents, etc., for 1697.
J p. Endorsed as preceding.
77. xn. Memorandum of account of money expended out of
the 2 sh. per hhd. J p. Endorsed as preceding.
77. xiii. List of papers transmitted by Gov. Nicholson in
his letter of Feb. 4. 8 pp. Endorsed as preceding.
[Board of Trade. Virginia, 6. Nos. 74, 74 i.-xm. ;
and (without enclosures) 37. pp. 315-825.]
1699.
Feb. 6. 78. Minutes of Council of New York. His Excellency having
Port William. 8e nt for the Mayor and Aldermen of the city and they attending
without, he informed the Council he had two informations of
seditious words spoken by Alderman Jacobus van Cortlandt on two
occasions. The Mayor and Aldermen were called in. Alderman
Lewis and Captain Evert Byvang declared that they had heard
Cortlandt, when it was proposed to build a Town-house for the
Assembly and Courts of Justice on the upper end of the Broad Street,
object, saying it was too high a part of the town, for that it would
be too much under the awe of the Fort, and that an Assembly
could have no freedom of debate, where they were liable to have
the house beat down about their ears from the fort. His Excellency
52 COLONIAL PAPERS.
1699.
produced a deposition of Francis Wessells which imported his
discouraging Wessells from voting for Mr. Graham, the Attorney
General, at the next election of Assemblymen, because he would be
for settling the revenue on the Crown, and that Mr. Staats, Mr.
Lewis and Mr. Walters had promised the Governor to confirm the
revenue and pay a contribution of tour or five hundred pounds per
annum towards his support in the Boston Government. His
Excellency rebuked Mr. Cortlandt and challenged any man to say
that he had ever bespoke the settling the revenue for ever or in any
manner whatever ; he declared his resolution of proposing to the
Assembly when they should meet the settling a revenue for the
support of the Government for such a term of years as they should
judge proper, for, he said, it was agreeable to the constitution of
Parliaments or Assemblies that the granting a revenue or subsidies
to the Crown did always arise from the representatives of the people.
He pointed out that Cortlandt's excuse that he wished the province
to be eased of its burthen was no argument, for the King was at
great charge in protecting it, maintaining four hundred men and a
man-of-war for its defence with other charges amounting to fourteen
or fifteen thousand pounds per annum. After the advice of the
Council had been taken, the Mayor and Aldermen were informed
that Cortlandt ought to be prosecuted at law and to enter into
recognizance of 500 for appearance. The petition of Paulus Turk
was referred to Committee. [Board of Trade. New York, 72.
pp. 185-190.]
Feb. 6. 79. Sir Charles Hedges to the Council of Trade and
Plantations. My opinion, which you require, as to the claims of
the English against French subjects for damages done them in
St. Christopher's, contrary to the treaty of Breda, which continued
undecided till the time of the late war, is, that they are set aside
by the Treaty of Ryswick. Signed, C. Hedges. Endorsed, Reed.
Read, Feb. 9, 169f. 2 pp. [Board of Trade. Leeward Islands, 6.
No. 4 ; and 45. pp. 325-327.]
Feb. 6. 80. Journal of Council of Trade and Plantations. Letter
from Capt. Norris, Cadiz, Nov. 13, read and found to be same as
that received from Mr. Burchet, Feb. 3.
Letter from Mr. Samuel Allen, New Hampshire, Nov. 28, read.
Letter from Sir Wm. Beeston, Jamaica, Oct. 13, read and
enclosed papers laid before the Board.
Letter from Mr. Burchet enclosing orders of Council and rules
about passes read and directions given for an answer to he-returned
with observations to the Lords of the Admiralty for their opinion
with a view to proposing necessary alterations. [Board of Trade.
Journal, 11. pp. 382-384; and 96. No. 23.]
Feb. 6. 81. Rules about passes. [Board of Trade. Trade Papers, 14.
pp. 169-185.]
Feb. 7. 82. Governor Nicholas Webb to Council of Trade and
N cTn e P lanta tins. In my last I gave a relation of a brigantine that
was brought in here being deserted by the master and his company,
as she was chased by some of our vessels, who were in pursuit of
AMERICA AND WEST INDIES. 58
1699.
the famous pirate, Kelly, who sailed in a vessel of the same build.
Notwithstanding she was here condemned to the use of the captors
or finders as a flotsam, yet since this the master and his company
are come here after a miraculous deliverance from the Florida shore
and is repossessed of his vessel and cargo, which I took great care
to preserve undivided. I now inform you of the concluding part
of this troublesome transaction, which has been compassed without
one penny reward, purely to prevent any unjust reflections upon
this Government, which has lain under some imputations as to
piratical practices or connivances of them, which shall never be
neither committed or countenanced here while I have the honour
to serve His Majesty. P.S. And notwithstanding the charges of
the expedition were considerable, all the merchandizes, as well as
money and vessel, I have ordered to be delivered with [out ?] a
penny salvage. Siyned, Nic. Webb. Endorsed, Reed. June 9. Read
Oct. 5, 1699. [Board oj Trade. Proprieties, 4. No. 11 ; and 26.
1698. PI*- 120-121.]
! ec. 19. 82. i. Letter referred to above. In my last (May 2, 1698)
I informed you of the seizing of Berry's vessel (vide
Cal. 1698, No. 445) and how by the insinuations of
Col. Trott, the late Governor, and his friend Thomas
Walker to the Jury they brought her off, but failed
to prevent another brigantine, John Flavell commander,
from being condemned. I desire instructions whether
or no juries are allowed in such cases, and what methods
you shall think convenient for the better managing
trials, in the Court of Admiralty. Another vessel
with 20 tons of logwood has been condemned here,
being navigated contrary to law, having three French-
men on board and but four English. The King's
moiety lies in the Collector's hands. I enclose the
whole proceedings against another brigantine, the
Bahama Merchant, John Edwards, master (in which I
have acted with all the prudence and caution
imaginable), in order that you may see the transactions
relating to the bringing in and condemning her and
her lading as a flotsam. The reasons why this
expedition was put in practice will appear from the
two affidavits by the two carpenters of the ships so
long haunted and at last forced on shore by the
notorious pirate Kelly in the Gulph of Florida, which
is about 40 leagues distance from us, so that it was
thought lit to give these gentlemen commissions to
pursue all brigantines and to use their utmost endeavour
to bring this Kelly in or any ways to destroy him. Now
it so happened they deserted the brigantine above
mentioned, and gave her chace under the King's
colours, firing several guns to leeward as a signal of
friendship in order to speak with this Edwards, who
made away and being possessed with a great temerity
was resolved to trust the savage cannabals on shore
rather than be taken by Kelly. About ten at night a
sloop was sent to board him and found not one living
64 COLONIAL PAPERS.
1698.
soul on board. When day eame they sent a small sloop
on shore under English colours, but could not find
anyone belonging to the ship and were obliged to bring
her into their commission port. This was very
unfortunate to these commanders' designs, who were
extraordinary well fitted for the pursuit of Kelly. These
gentlemen are not common seafaring men but merchants
of good account, and would by no means expose their
estates, themselves and families for so small a trifle as
their proportions, when divided, would be, neither will
the whole defray half the charge of the expedition,
which was unfortunately put by, through the baseness
of this Edwards quitting his vessel, who is since all this
come to rights and is here a living shame to himself and
his owners, two of which are resident here. You will
perceive by the judgment she is condemned, and though
so long since yet I have caused all the goods to be locked
up in a storehouse and the vessel remains safe at anchor
here till your Lordships shall send instructions. This
Edwards has been in Jamaica, and to take off the
scandal and villainy he has committed by quitting
his vessel, he and four of his company made an
affidavit and gave the freighters such false informations
about this matter that Sir Wm. Beeston writ me a
letter in his favor. I called a Council to hear what
he could say. His affidavits were plainly shown to be
false. And though I told him I would never counten-
ance anything that looked like piracy and that if he
could accuse Col. Elding, then sitting in Council, and
Capt. Groombridge, the two commanders who chiefly
chased him, with piracy, they should both be immedi-
ately put into custody and undergo a severe trial, he
said he could not do it. After this vessel was brought
in, I sent a small sloop, belonging to Col. Elding, to
Carolina, whence these persons might get to in their
boat, which shows the great endeavours I used. At the
same time that Kelly was haunting the Gulf, there was
a new gang from the Isle of Ash in Jamaica plundering
the easternmost of our islands, taking all vessels they
could overcome and landed in several places, carried
away slaves and burned houses within 14 leagues of
this harbor, which from Jamaica might have been easily
prevented, having those men-of-war there, whereas this
expedition was at the charge of the commanders, whose
hopes was, if they missed Kelly, they should make up
their losses at the Jamaica wrecks the two carpenters
belonged to, all which was laid aside upon meeting with
the unaccountable fellow Edwards. Signed, Nich. Webb.
Endorsed, Reed. June 29. Read Oct 5, 1699. 2 pp.
Enclosed,
82. ii. Copy of depositions of John Jinkins and John
Marsh, carpenters of two ships taken by Kelly the
pirate.
AMERICA AND WEST INDIES. 55
1698.
Copy of commission and instructions to Capt. Read
Elding, commander of the sloop Sweepstakes, and to
Capt. James Risbee, Capt. Humble and Capt. Groom -
bridge for the expedition for the suppression of pirates.
Copies of depositions relating to the bringing in of
the Bahama Merchant. 8 pp.
8'2. in. Proceedings of the Court of Admiralty, New
Providence, Aug. 16, 1698, relating to the condemna-
tion of the brigantine Bahama Merchant. 3 pp.
[Board of Trade. Proprieties, 4. Nos. 10, 10 i.,
10 n. ; and (witJwut enclosures), 26. pp. 111-119.]
83. Isaac Addison (Secretary of Massachusetts Bay) to William
Popple. This conveyance offering of a ship bound for London, I
am bold to inform your honour of the present quiet of this province.
Some gentlemen commissionated by the Government here have
lately been in the Eastern parts thereof to demand the English
captives out of the hands of the Indians, who had broken out in
rebellion. They have obtained so many of the captives as were
near at hand, some others still remain that were far up in the
country, the difficulty of the winter season not allowing of their
travelling down to the seaside, and the rivers being shut up with
ice, they could not be transported by water, but the Indians have
engaged to bring them in so soon as the spring comes on. They
have also renewed their submission and recognized their obedience
unto the Crown of England, promising all good fidelity and to live
in peace with the English, which it's hoped they will observe so
long as the peace continues between the two Crowns of England
and France. The French keeping their missionaries and Jesuits
among them, they will be instigating of the Indians to further
hostilities upon any fresh eruption with France. It seems necessary
for the quiet of His Majesty's subjects that those French missionaries
be forbidden to reside within any part of His Majesty's territory in
that country. The French insist upon their claim of bounds to the
river of Kennebeck. A vigorous asserting of His Majesty's rights
in that regard and speedy settlement of that matter will very much
conduce to the peace and quiet of his subjects. The Earl Frontenac,
Governor of Canada, died in Nov. last past. Signed, Isaac Addington.
Endorsed, Reed. Read, March 20, 1698-9. 2 'pp. [Board of Trade.
New England, 9. A 7 o. 56 ; and 37. pp. 135, 136.]
84. Mr. Heathcote to Council of Trade and Plantations,
enclosing abstract of recent advices from Jamaica. There are
many pirates about our seas and the French make us no restitution
nor the Spaniards spare anything they can master, so that we are
in an ill case with our hands bound and must stand still to be
buffetted. We only of all the nations in these parts are the passive
people, and our losses without remedy make the people much to
complain. March 4. You will hear what fine voyages the ships
made with their negroes at Cartagena and how they were used by
the Government and factor of the Assiento, and the two ships that
lately stopped there and are gone to Vera Crux will meet with the
same civilities. The Spaniards are, in all things where they hav e
the advantage and power, very rude to us, and use the French an<j
56 COLONIAL PAPERS.
1699.
Dutch with much more liberty and respect, so that it's pity we have
not liberty to make them sensible of their indignities. Rear-Admiral
Benbow is now going over and several merchants, etc. with him,
he intends to huff them out of some of our vessels they have taken
from us without any reason, and use the men worse than prisoners
if we had war. I hope some orders will be given that we may not
so tamely be obliged to suffer their insults. When you hear that
they put 11 negroes for one peice de India for which they paid the
master but 22 or 23, and sold each negro before their faces for
200 pieces of eight and by this means made the cargo to come out at
400 and odd pounds, you will admire at their impudence, but you
must know T that this is the roguery of the qftcialis rcalis, who do
this to cheat the King of so much of his due, and share it amongst
them, which it's pretty but should be laid before their Ambassador.
Notwithstanding the express commands of the King that none shall
impress men here without the Governor's warrant and confirmed
by the Lords of the Admiralty, yet the Rear- Admiral orders his
men to impress the inhabitants, which is not only interfering with
all authority, but will frighten away all our seamen and ordinary
people to the Scotch or any place else where they think they can
be easy, so that it seems to me this island can never be well
settled, having so many disadvantageous pullbacks. Endorsed,
Reed. Read May 30, 1699. [Board of Trade. Jamaica, 8.
No. 107-]
Feb. 8. 85. Governor Sir William Beeston to the Council of Trade
Jamaica. an( j Plantations. I transmit duplicate of mine of Jan. 20, because
that went by a small ship of Bristol that went alone. The
Assembly met, found the town not very healthy, and being newly
going to get in their crops of sugar, I allowed them to adjourn till
March 7. I send to Mr. Popple the Acts that are passed. The
Spaniards continue to secure all they can meet with from the
English on account of the Scotch settling in Darien, and that your
Lordships may see some of their usage to his Majesty's subjects,
I herewith send a letter of one Flavell whom I formerly writ your
Lordships was taken by the Barlaviento without any manner of
reason, he having come from Carolina directly for this place
and was going thither again without touching on any of their
dominions. They secure all our negroes that run from us to Cuba,
and set them free ; some time since about 20 ran away and landed
at Trinidados on Cuba ; the owners having notice sent thither to .
enquire after them, who were answered that being fled thither for
protection they could not in justice return them but that their
value to a considerable price was in the Countador's hands, and
if [I] would send order to whom it should be paid it should be done
accordingly. On this the owners sent a vessel and I sent an order,
but they sent her back again with this answer, that in the year 1680
or 82, the King of Spain, like a great and merciful Prince, sent a
schedule by which he ordered that all persons that fled to him or his
territories for protection should have it and be wholly emancipated
from any pretenders, so that by this rule they may rob us of all our
slaves, for Cuba is to be seen from the north side of this island in
fair weather, and therefore there needs not much navigation for
AMERICA AND WEST INDIES. 57
1699.
them to run thither, but indeed in this manner they fopp us off in
all things, which is a great disturbance as well as loss to His
Majesty's subjects. I have received yours of Oct. 27, and greatly
acknowledge your goodness to me in your kind and just representa-
tion, which will I hope sufficiently screen me from the malice of
those gentlemen who first betrayed me contrary to their oaths as
Councillors, and then went to England on purpose to traduce me,
to carry on their ambitious designs. The people of the country are
healthy, and the whole island within is in great peace and quiet
without any disturbance or disputes as ever it was known to be
since tho English have possessed it. But we want people to fill it,
and the newcomers are still afflicted with the distemper that has
for long reigned in these parts of the world with a mighty loss to
the place. The money for the subsistence of the soldiers will not
hold out for two full musters more. What then to do with them I
know not, but will direct them to continue as they are till further
orders come about them. I have formerly acquainted you that
there is a considerable sum in the muster-master's hands made of
many perishing things, which, to save their loss, have been sold.
If I had order for that money, (it) would continue their subsistence
near six months after this money is out. Signed, Wm. Beeston.
The Council have now agreed with me that we build two store-
houses for His Majesty at Kingston, each 90 foot long and 30
broad, and the same space betwixt them for a yard, which I am now
going about to build with brick very substantially. Endorsed,
1698. Reed. 17. Read 19 May, 1699. 2 pp. Enclosed,
'ec. 24. 85. i. John Flavell to Governor Beeston. On June 6 I
sailed out of Port Royal bound for Carolina, but July 15
in Lat. 24.20 fell in with the Armatha Barlaventa, who
out-sailed by reason of small winds and took me, and
made a prize of all and imprisoned me because I had
near 900 pounds in cash on board. I had nothing else
contraband, but your Excellency knows there is no other
money passes in Jamaica but the Spanish coin. They
account it a great crime to be found with their King's
quoine, and use me as a criminal, for a-nights I am put
between decks, where they keep hogs and goats and
other cattle, with a sentinel with a weapon over me.
Fourteen days after they took me, they took a Dutch
ship bound -for Holland. They sent two boats to
St. Thomas's and on the way at Crab Island found two
English sloops belonging to Nevis fishing for turtle with
about four men and a buoy (sic) each. When they came
up with them the men being afeard jumped into the sea
to swim ashore. They shot them in the waughter ;
the master of one of the sloops they took up, but his
jawbone shot to pieces as he was swimming. They took
two men more and a buoy ; they are all here in the
Armatha ; the two sloops they burned. They keep me
here in spite of our sworn statements of the truth. By
what I find they had a mind to my brigantine, for she is
a brave vessel. They tell me I must go to their King
for satisfaction, which would cost more than all is
58 COLONIAL PAPERS.
1698.
worth, but I believe they intend to keep me till time has
worn things out of mind. There is none that can help
me without it be your Excellency. Signed, Jno.
Flavell. [Board of Trade. Jamaica, 8. Nos. 108,
108 i. ; and (without enclosure), 56. pp. 317-320.]
Io99.
Feb. 8. 86. Francis Eyles to William Popple, at the Cockpit at White-
M mdra e> * ia ^' ^ U1 ^ etter anc ^ Duplicate of the 17th of January last directed
to Mr. Bridges, Mr. Littleton and myself, as agents for the Island
of Barbados, came to my hand iu due time, and having soon after
the receipt of the first seen the Hon. Mr. Pollexfin, I presumed to
acquaint him that the agency for Barbados was let fall by the
discontinuing of the Act, which was for two years ending in May
last ; that I had made some enquiry into the particulars which the
Lords of the Council of Trade had recommended to the said agents,
relating to the settlement of Tobago, but could not learn anything
worth imparting to their Lordships ; and he was pleased to say he
would impart to the Board what I told him, and that there would
be no need of my attendance. Signed, Fran. Eyles, Mark Lane,
Feb. 8, 1698. Endorsed, Reed. Read, Feb. 9, 169. 1 p. [Board
of Trade. Barbados, 7. No. 76 ; and 44. p. 241.]
Feb. 8. 87. Journal of Council of Trade and Plantations. Letter to
Mr. Burchet about passes ordered to be sent.
Letter from Mr. Secretary Vernon enclosing extract of a letter
from Sir Lambert Blackwell, Florence, Jan. 13, with reasons for
allowing the Jews to trade to Alexandria under English protection,
together with papers from Sir Joseph Williamson relating to the
tariff between Holland and France, read. Copy of the reasons
ordered to be sent to Sir Gabriel Roberts with desire to know the
views of the Levant Company or other merchants trading thither.
Feb. 9. ^j; r< Blathwayt announced that he had presented to the Com-
mittee of the House the clause agreed upon Jan. 19, and that it had
been well received.
Mr. Henry Adderley and others presented a memorial about the
present state of the Province of New York. Their Lordships told
them they had already written to Lord Bellomont to prevent the
inconveniences they seemed to fear.
Letter from Mr. Eyles saying he could not learn anything of the
settlement of the Island of Tobago read.
Letter from Lord Bellomont, New York, June 28, relating wholly
to Mr. Livingstone's case received from Mr. Overtoil and read.
Duplicates of letters to Lord Bellomont, Feb. 2 and Feb. 3, signed
and despatched. Letter from Mr. Day, Bermuda Islands, Oct. 15,
read. Enquiry ordered to be made of his agent, Mr. John Williams,
as to what he had done with the powder and colours which were
ready to be sent thither several months ago.
Ordered that Mr. Brenton be reminded of his promised memorial.
Letter from Sir Charles Hedges re St. Christopher's read.
A representation upon the memorial of the Jamaica Agents
signed and sent to the Council Board. [Board of Trade. Journal, 11.
pp. 385-388 ; and 96. Nos. 24 and 25 ; and Trade Papers, 14. pp.
185-191.]
AMERICA AND WEST INDIES.
1699.
Feb. 9.
Feb. 9.
Feb. 9.
Feb. 9.
Whitehall.
Feb. 9.
Kensington.
88. Minutes of Council of New York. Petition of John Bond,
master of the Endeavour, referred to the Mayor, John Depeyster.
Other petitions read and payment ordered to the Messenger of the
Council. [Board of Trade. New York, 72. pp. 190, 191.]
89. Thomas Lane to Mr. Popple. I entreat you to put their
Lordships in mind of the reference to them of the appointment
of Col. Andrew Hamilton for Governor of East New Jersey. The
ships that are going for America being very speedily to depart,
and, as he informs me, it will be a prejudice to that excellent and
useful project of the Post Office which he has established in
America, if he sustains a much longer delay, pray, Sir, pardon
this freedom I use with you and believe that wherein I can serve
you in the City I am your most humble servant, Tho. Lane.
Endorsed, Reed. Read, Feb. 10, 169. [Board of Trade.
Proprieties, 2. No. 46.]
90. Some London merchants trading to New York, to the
Council of Trade and Plantations. Trade is in danger of being
ruined through the disturbances caused in that late flourishing
Province by the followers of Jacob Leiseler, who was executed for
high treason. The insolence of this party is occasioned by the en-
couragement given them by the Governor. We are ready to produce
some merchants and others lately come from New York to give
your Lordships further information. Signed, Tho. Byfold, Micajah
Perrye, Tho. Starkey, Joseph King, William Sheppard, Nicholas
Russell, Walter Benthall, Thomas Hart, Nath. Rous, J. Barrobie,
J. Loffting, Samuel Waldenfield, Hen. Adderley, Simon Lodwin,
B. Hackshaw, Wm. H. Cornelisen, Gerard van Heythuysen, Jno.
Blackall. Endorsed. Reed. Read, Feb. 9, 169. [Board oj Trade.
New York, 8 A. A T o. 9 ; and 53. p. 256.J
91. Council of Trade and Plantations to the King. Upon the
memorial of the Agents of Jamaica (Feb. 2), we represent (1)
that the inconveniencies arising from the execution of patent
offices by deputies, either unqualified or too much inclined by the
high rents they pay unto the Patentees to make indirect advantages
of their respective places, are so great, not only in Jamaica, but in
other your Majesty's Plantations in America, that Patentees should
be obliged by their patents or otherwise to actual residence upon
the place and to execute their respective offices in their own
persons, unless in case of sickness or other incapacity. (2) The
sending over of 200 soldiers, as proposed, if it be not judged too
chargeable, would at this time very much tend to the strength of
that important island. (3) As to the men-of-war required we must
refer to the order of their Excellencies the Lords Justices in
Council, Nov. 8, 1697. (4) It is very fit the laws of the
Plantations should be observed in the matter of carrying off
indebted inhabitants and strict orders should be given to the
Commanders of your Majesty's ships accordingly. Signed,
J. Bridgewater, Phil. Meadows, Wm. Blathwayt, Jon. Pollexfen,
Abr. Hill. [Board oj Trade. Jamaica, 56. pp. 270-273.]
92. Order of King in Council. The proposals of Sir
Bartholomew Gracedieu and Mr. Gilbert Heathcote (No. 69)
60
COLONIAL PAPERS.
1699.
Feb. 9.
Boston.
Feb. 9.
East India
House.
referred to the Lords Commissioners of the Admiralty. Signtd,
John Nicholas. Endorsed, Reed. Feb. 22. Read Feb. 23, 169f.
{Board of Trade. Jamaica, 8. No. 109; and 56. pp. 276, 277.]
93. Minutes of Council of Massachusetts. John Phillips
presented a report of his negotiation with the Eastern Indians and
their submission signed. The account of Duncan Campbell, Post-
master of Boston, ordered to be paid. Proclamation ordered
forbidding building or settlement eastward of the town of Wells or
trade with the Eastern Indians, without the approbation and
direction of the Government first obtained. [Board of Trade.
New England, 49. p. 191.]
94. Robert Blackborne to Council of Trade and Plantations.
The Governor and Company of Merchants of London trading into
the East Indies send the copy of an affidavit lately received
touching Mr. Nicholas Trott, late Governor of Providence, his
harbouring and assisting the pirate Every and his crew. Being
informed that he is now making applications to return to his late
Government of the Bahama Islands, we humbly lay before your
Lordships' great wisdom, whether such his return may not be an
encouragement to pirates and have other ill consequences. We
remind you of several papers some time since presented to you,
relating to the said pirates being harboured in New York. Signed,
Ro. Blackborne, Secretary. Endorsed, Reed. Read Feb. 13, 169f .
Enclosed,
94. i. Affidavit of Philip Middleton, of London, mariner.
He served on board the Charles, alias Fancy, under the
command of Henry Every, alias Bridgeman, in April
last, when she arrived at an island near Providence,
whence a letter was writ to Mr. Nicholas Trott, Governor
of Providence, promising, provided he would give them
liberty to come on shore and depart when they pleased,
to give him 20 pieces of eight and two pieces gold a man
and the ship and all that was in her. There were no
threats. Governor Trott replied in very civil terms and
his assurances of welcome were made good on their
arrival. A collection was made afore the mast of every
sailor, 100 men besides boys, of the above sum for
Governor Trott and sent to him by Robert Chinton,
Henry Adams and two more. They sailed to Providence
and delivered up the ship with what was in her to Major
Trott who took possession of her in the Governor's name,
and afterwards left her in the custody of the Governor's
boatswain and a few negroes, with the result that she
came ashore about two days later, though she had two
anchors at her bow and one in the hold. As soon as
Mr. Trott was in possession he landed the ship's cargo
and stores. She had 50 tons of elephants' teeth,
46 guns, 100 barrels of gunpowder, several chests of
buccaneer guns, besides small arms for the ship's use.
She was firm and tight and making no water. She
came ashore about noon in the Governor's sight and
tho' James Browne and several others of Providence and
AMERICA AND WEST INDIES. 61
1699.
several that had been of the ship's crew offered to weigh
her with casks, no means were used to get her off. It
was generally reported she was run on shore designedly.
She was not bilged. She belonged to Sir James Houblon
and Co. of London, and deponent verily believes Governor
Trott knew as much. Jan. 30, 1697. Copy. 4pp.
[Board of Trade. Proprieties, 2. Nos. 47, 47 i. ; and
25. pp. 309-812.]
Feb. 10. 95. gevis Hill to William Popple. Enclosing
95. i. Receipt of John Neads, master of the Europe, bound
for Nevis, for letter to the Governor of St. Kitt's.
95. ii. Receipt of Tho. Lisle, jun., master of the Catherine,
bound for Jamaica, for letter to Sir Wm. Beeston.
[Board oj Trade. Plantations General, 5. Aos.5,5i.-ii.]
Feb. 10. 96. Journal of Council of Trade and Plantations. Mr.
Andrew Hamilton was informed that the delay in the report of the
Board about his being appointed Governor for East New Jersey
was for want of an answer from the Commissioners of the Customs.
Copy of the report of the Commissioners of the Admiralty upon
the representation of Jan. 10 relating to ships of war for the
Plantations ordered to be taken.
Mr. Lucas stated that he had met with no success in the steps
he had taken for an accommodation with Col. Codrington, and
desired their Lordships' interposition in laying his case before the
King. He was directed to draw up a state of his case.
Col. Dungan, called Lord Limerick, stated that he had been
arrested for money due for provisions for public service during his
Government in New York. Their Lordships advised him to lay
his case by way of petition before His Majesty. This he promised
to do and to deliver several papers that he has relating to the
boundaries and other affairs of that Province.
Memorial from Mr. Crown setting forth his title to Penobscot,
etc. presented.
Directions given for copying several papers relating to the
boundaries of the English territories in North America. {Board of
Trade. Journal, 11. pp. 389-390 ; and 96. No. 26.]
Feb. 10. 97. Minutes of Council of Barbados. The charge for his Excel-
lency's servants, etc., at Duckworth's, 52 4s. 5d., was allowed.
Mr. Middleton's private bill was passed. Mr. Popple's proposals were
approved of, all but one. [Board oj Trade. Barbados, 65. p. 388.]
Feb. 10. 98. Journal of Assembly of Barbados. The Bill for the provision
of white servants was read. It was resolved that land should be in-
serted in the Bill and acres be given upon oath. The Hebrew
Nation is to support thirty white servants in addition to those they
are already liable for. A Supplemental Bill to the Act for an
imposition on wines, etc., was passed. Addresses for the salaries of
the Clerk and Marshal were voted. A Bill for the confirmation of
grants of land to John Beeke, gent., was laid before the House and
ordered to be reserved for the consideration of the next Assembly.
The Records of the expiring Assembly ordered to be left with the
Speaker. [Board of Trade. Barbados, 65. pp. 337-339.]
COLONIAL PAPERS.
1699.
Feb. 13. 99. Council of Trade and Plantations to the Governor and
Whitehall. Company of Rhode Island. We send you herewith His Majesty's
instructions relating particularly to the observation of the Acts of
Trade in H.M. Colony of Rhode Island, the like whereof, mutatis
mutandis, have been despatched to the Commander s-in- Chief of
H.M. other Plantations in America. You will observe in the
beginning of those instructions an enumeration of several Acts said to
be therewith transmitted to you, which we accordingly send. And
as we are charged with the care of transmitting those instructions
to you and requiring a particular account of your conduct in the
observation thereof, so we recommend the same to you as a matter
of great importance for H.M. service and the most effectual means
of wiping off the ill report which has lain upon that Government
for irregularites in things of this nature. Signed, J. Bridgewater,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill.
Enclosed to the Earl of Bellomont,
99. i. The same letter, mutatis mutandis, to the Governor
and Company of Connecticut.
99. ii. Letter to the same effect as far as ''accordingly
send," to William Penn (Pennsylvania).
99. in. Letter to the same effect as far as " accordingly
send," to Wm. Thornburgh (Carolina and Bahamas).
[Board of Trade. Proprieties, 25. pp. 305-308.]
Feb. 18. 100. Journal of Council of Trade and Plantations. Col.
Dungan presented to the Board several papers for perusal as
promised, Feb. 10.
The Earl of Bridgewater acquainted the Board that the Earl of
Orford had desired that an extract of the Earl of Bellomont's
letter relating to the ships of war lately at New York might be
sent to the Admiralty Office. Ordered accordingly.
Mr. Dubois and Mr. Richier presented a letter from Mr. Black-
burne, Secretary to the East India Company, with an affidavit
relating to Mr. Nicholas Trott's receiving Every the pirate, in the
Bahama Islands. They desired that if the said Trott made any
application to be again Governor of those Islands, they might
have notice. Assistance of the Board promised to the East India
Company in the prosecution of any persons concerned in piracy.
Feb. 14. Order of Council of July 16 upon the petition of John Tucker
read and directions given for a representation thereon.
Memorial of Mr. Brenton re Rhode Island read, and instructions
directed to Lord Bellomont for enquiring into the irregularities of
that Government. A representation ordered wherewith to lay
before his Majesty the draft of a commission prepared for the same
service. [Board of Trade. Journal, 11. pp. 391-393 ; and 96.
Nos. 27 and 28.]
Feb. 14. 101. Jahleel Brenton to Council of Trade and Plantations,
offering a list of queries proper to be put by Lord Bellomont to
Walter Clarke, late Governor, Samuel Cranstone, present Governor
of Rhode Island and Providence Plantations, and Peleg Sanford,
Judge of the Court of Admiralty, with regard to the issuing of
commissions, etc. I am humbly of opinion that if an Act of Parlia-
ment could be obtained whereby all persons in the Government in
AMERICA AND WEST INDIES.
63
1699.
Feb. 16.
Whitehall.
Feb. 16.
Kensington.
Feb. 16.
Keueington.
the Plantations might be obliged to take the oath appointed and
subscribe the test and association it would much conduce to the
good settlement thereof, as would also the appointment of some
Commissioners out of that and the neighbouring colonies, empower-
ing them to call before them and to hear, try and punish the
mal(e) administrators of the said Government. It would tend much
to His Majesty's service if Commissioners were appointed in
Massachusetts Bay and Ehode Island to administer to the officers
of the Admiralty such oaths as are necessary to qualify them to
execute their offices, since all forfeitures and penalties mentioned
in the Act for regulating the Plantation Trade are to be prosecuted
in the Courts of Admiralty there. And whereas by that Act all
Governors in the Plantations are to be approved of by His Majesty,
and since the said Cranstone has opposed the execution of H.M.
Commission, whether he has not merited His Majesty's disappro-
bation is most humbly submitted. If your Lordships shall be
pleased to appoint any persons to make enquiries into these matters
and how loosely the present Government of Rhode Island and
Providence Plantations execute their authority, the most consider-
able persons in that Government, viz. Francis Brim ley, Peleg
Sanford, Nathaniel Coddington, Caleb Arnold, and Josias Arnold,
Esqrs., will give them the best account thereof. Signed, Jahleel
Brenton. Copy. 4 pp. Endorsed, Reed. Feb. 10, Read Feb. 14,
169f . [Board of Trade. Proprieties, 2. No. 48 ; and 25. pp. 309-
318.]
102. Council of Trade and Plantations to the King. We are
using all diligence in preparing a draft of instructions for Lord
Bellomont to enquire into the misdemeanours of the Government
of Rhode Island, and meanwhile humbly lay before your Majesty
the draft of a Commission which we conceive may be proper for that
service. Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Abr. Hill. Annexed,
102. i. Draft of Commission to Lord Bellomont to empower
him to examine witnesses and enquire into the mis-
demeanours of the Government of Rhode Island. [Board
of Trade. Proprieties, 25. pp. 318-320.]
103. Order of King in Council, approving the above-mentioned
draft of a Commission to Lord Bellomont. Signed, John Nicholas.
Endorsed, Reed. Feb. 22, Read Feb. 23, 169|. [Board of Trade.
Proprieties, 2. A T o. 49 ; and 25. p. 339.]
104. Order of King in Council. In accordance with a repre-
sentation on the proposal of Sir B. Gracedieu and Mr. Heathcote
all the Patent Officers within His Majesty's Plantations are to be
obliged by their patents or otherwise to actual residence upon the
place and to execute their respective offices in their own persons
unless in case of sickness or other incapacity. The Council of Trade
is hereby ordered to signify His Majesty's pleasure in this matter
to the respective Governors. A clause to the same effect is to be
inserted in all future patents. Signed, John Nicholas. Endorsed,
Reed. Feb. 22, Read Feb. 23, 169f . [Board of Trade. Jamaica, 8.
No. 110; and 56. pp. 274, 275; and Plantations General, 5.
No. 6 ; and 35. pp. 30-32.]
64 COLONIAL PAPEES.
1699.
Feb. 16. 105. Representation of the Council of Trade and Plantations to
the King upon the petition of John Tucker and others, owners of
the brigantine Man) Rose of Bermuda, impressed in 1693 by
Commissioners in Barbados authorised by an Act of the General
Assembly of that island, into the King's service against Martinico
and there lost. The petitioners pray for ,880, the appraised value
of the brigantine. But they have not yet made any application in
due form to the ordinary Courts of Justice in Barbados. We
humbly report to your Majesty our opinion that they may in the
first place be directed to apply themselves accordingly and that
your Majesty's Governor there be writ to, that they may have a
speedy despatch of justice. Signed, J. Bridgewater, Tankerville,
Philip Meadows, William Blathwayt, John Pollexfen, Abraham
Hill. [Board of Trade. Barbados, 44. pp. 242, 243.]
Feb. 16. 106. Minutes of Council of Massachusetts. Liberty granted
Elizabeth Nichols to marry, her husband not having been heard
of in three years and supposed to be lost at sea. Payment ordered
to Addington Davenport and William Paine, two clerks to the
House of Representatives. ^400 ordered to be reserved for the
reception and entertainment of Lord Bellomont. A General Fast
with Prayers and inhibition of servile labour ordered to be pro-
claimed for March 23. d20 to be paid to John Jones, minister of
the town of Lancaster, in place of one there slain by the Indians.
[Board of Trade. New England, 49. pp. 192, 193.J
Feb. 16. 107. Journal of Council of Trade and Plantations. Mr. Hodges
given leave to inspect the Barbados Laws.
Representations ordered Feb. 14, signed and sent to the Council
Board.
Feb. 17. Answer to Mr. Secretary Vernon's letter of Jan. 3 and 9, relating
to French encroachments and the right of fishery signed and sent.
Mr. Burchett desired to give an answer to the letter writ him on
the 8th relating to passes. [Board of Trade. Journal, 11. pp. 394-
895 ; and 96. Nos. 29 and 30.]
Feb. 17. 108. Council of Trade and Plantations to Mr. Secretary
Vernon. In answer to your letters of Jan. 3 and 9 : The Northern
Continent of America having, as is alleged by us, been first
discovered by the subjects of the Crown of England, that part of it
lying between the latitude of 40 and 48 degrees and extending from
the East Sea to the West Sea was granted by King James I. by
Letters Patents dated Nov. 3, 1620, unto the then Duke of Lenox
and divers others by the name of the Council of Plymouth, etc.
In 1621 the country of Nova Scotia was more particularly granted
by James I. to Sir William Allexander, afterwards Earl of Sterling,
who some time after sold his right to Monsr. Claude de la Tour, a
Frenchman, to be held by him and his successors under the Crown
of Scotland. About 1631 King Charles I. made some sort of
concession of the said country unto the Crown of France (unto
which we do not understand that the French had till then any
title) reserving nevertheless the right of the Proprietors who
had before enjoyed it. In 1633, notwithstanding this concession,
Charles I. by Letters Patents, May 11, granted to Sir Lewis
AMERICA AND WEST INDIES. (55
1699.
Kirk and others full privilege not only of trade and com-
merce even in the River of Canada, which is north of Nova Scotia,
and places on either side adjacent, but also to plant colonies
and build forts and bulwarks where they should think fit,
by which it seems to us that the foremen tioned concession,
whatever it were, was not understood to have been an absolute
grant and alienation of the said country from the Crown of England
or Scotland. But nevertheless Sir Lewis Kirk and partners were
molested by the French in the enjoyment and exercise of the
aforesaid privileges. On the other side, many years before this,
the country about Penobscot, lying to the westward of Nova
Scotia, had been discovered by some of the inhabitants of New
Plymouth who seated themselves there, but were also afterward
sometimes disturbed by the French Governor of Nova Scotia.
In the year 1654, Cromwell, having a fleet at New England, caused
the country of Nova Scotia to be seized as being anciently a part
of the English dominion, to which the French had no just title,
and the Proprietor, Sir Charles de Ste. Estienne, son and heir to
M. de la Tour, coming thereupon into England, sold all his title
and right unto the said country to Sir Thomas Temple and Mr.
William Crowne, one or both of them. Temple and Crown, one
of them or their assignees, continued to possess and enjoy the
same with the profits thence arising until 1667, when it was
agreed between Charles II. and the French by the Treaty at
Breda that the said country should be surrendered to the French,
which was done in 1670 by Sir Thomas Temple, then residing as
Governor upon the place. But in the execution of that surrender
it has been suggested to us that Temple exceeded his commission,
and delivered up Penobscot also, at which King Charles
was highly displeased and did not confirm the same. On
the contrary, it happening not long after that a war broke
out between France and Holland, in which the Dutch took
the fort at Penobscot from the French, demolished it and
quitted it, King Charles commissioned the Governor of New York
to take the same under his jurisdiction, which was accordingly
done and the country extending from Pemtagoet westward to the
river St. Croix eastward was annexed to the Government of New
York by the Duke of York's patent for the same, and in prosecution
thereof, the French still keeping possession of some parts of it, Sir
Edmund Andros, when Governor of New York, invaded them by
force and took the habitation of one M. St. Castine, a Frenchman,
who thereupon instigated the Eastern Indians to make war
against Us, with which war the frontier countries of New England
on that side have been much infested. Since His Majesty's
accession to the Crown, the dependency of the foresaid country of
Penobscot upon the Government of New York has been altered, and
in the year 1691 not only that but also Nova Scotia were, by the
Charter granted to the Colony of Massachusetts Bay, annexed to
the Government of that colony. It is to be observed that during
Sir Thomas Temple's residence in and government of those parts,
he, having been at great charge in building forts and other ways,
for the protection of our fishery, did levy five pound upon every
fishing vessel that cured and dried their fish on that shore. After
12208 , E
COLONIAL PAPERS.
1699.
his surrender of that country the French at first contented them-
selves with the same, but in process of time some of their Governors
claimed also the sole right of fishing upon the high seas and
have accordingly caused several of our vessels fishing there to
be taken and made prize of. Whaii has come to our know-
ledge concerning the conduct of the French since the Peace,
as well in relation to the fishery on those coasts, as to the
boundaries between them and us upon the eastern parts of New
England by land and the orders which their Governors in those
parts pretend to have from the Court of France for their acting
accordingly we have already fully explained in our letter of
Dec. 29 last. We send copies of many papers that we have
received on the foregoing subjects. As to New England, then, and
the country lying to the eastward thereof, we conclude by observing
that, with relation to the fishery, it is of very great importance to
England not only that our right of fishing in those seas be asserted
and maintained, but that an agreement be also made between us
and the French for mutual liberty for ships to refresh wood and
water upon each other's coasts. In relation to the boundaries it
mightily imports us that, the ancient limits of that port of Nova
Scotia being the river St a . Croix, the same be made the fixed
boundary between the French and us in those parts, and that
the right which they may pretend to derive from Sir Thomas
Temple's surrender, and which at most would extend no further than
the river St. George, be not allowed of ; much less that any con-
cession be made for extending their boundaries westwards to the
river Kenebec, as we have been informed they now pretend. As
to the boundary between the French and us in the north and west
parts of all H.M. Plantations from New England to Carolina, con-
cerning which, though the English Patents generally have allowed
no bounds by land but extended the grant of those lands from sea
to sea, yet the French since their possBssion of Canada, having
at several times gone up the river of St. Lawrence and from thence
into the lakes south-westward, lying all along upon the north and
west of H.M. Plantations, though it be no more than what has as
frequently and as early been done by Englishmen, yet they have
thereupon from time to time extended their pretentions to the
propriety of all the countries bordering upon the said river and
lakes, which if it should be allowed them and that an entire
freedom be not maintained for His Majesty's subjects to trade at
least with the Indians of those parts, and for them and the said
Indians to pass and repass without molestation, it will turn to
the very great prejudice of England, and most particularly of
New York and other His Majesty's provinces in America, whose
frontiers are furthest extended towards the places so claimed by
the French. As to the frontiers of New York and His Majesty's
right to the sovereignty of the Five Nations of Indians, we send
you the memorial we prepared for H.M. Plenipotentiaries at the
Hague, July 1697, and add copies of a memorial and depositions
sent us by Lord Bellomont, concerning the constant subjection and
dependence of the Five Nations upon the Government of New
York ever since the first settlement of that country by the Dutch
about 1609, by which all the French pretensions to any right over
AMERICA AND WEST INDIES. 67
if>99.
them (which we do not understand to be either in themselves of any
weight or that they reach any farther backwards than 1666), seem
unto us to be fully answered and made void.
With regard to the American Treaty, we do not suppose it to be
now in force because (i) the French thought themselves under no
obligation by it, but attacked us in America upon the declaration
of the war in Europe. If one of the parties depart from the
contract the other is no longer obliged, (ii) The Treaty of Ryswick
does not renew or revive the said American Treaty.
The 3rd and 4th articles of the Treaty, providing that neither party
sJiould give assistance or supplies of men or I'ictuals to the barbarous or
wild Indians and that the subjects of cither nation should not harbour
the barbarous or wild inhabitants or the slares or goods icJticJi the said
inhabitants had taken from the subjects of the other nation, could
never have been understood by the Crown of England to mean,
as the French do interpret it, of the Five Nations belonging to
England, who have been always and are still our best defence
against the encroachments and invasions of the French In that part
of America. As to the 4th article which provides that both Kings
should retain all their dominions, rights, etc., in such manner as they
now possess them, the French very well know what orders they them-
selves had then given to take possession of Hudson's Bay by force,
though in time of peace, and to invade as they actually did with a
considerable force the northern parts of New England and of New
York, with intention to surprise our frontier forts and destroy our
Indians, which by the forementioned articles they would have obliged
us not to assist. The 5th article providing that the subjects, inhabi-
tants, merchants, commanders of ships, masters and mariners of each
King should abstain and [be~\ forbidden to trade and fish in all places
possest or which should be possest by the one or the other party in
America, without mentioning whether the possession be rightful or
no, we conceive has given occasion or pretence to their disturbing
our fishery in the eastern seas of America, which His Majesty's
subjects have always practised and to which we judge they have a
full and undeniable right. Lastly it is worthy of consideration
whether a Treaty of Neutrality, either this or any other, in America
be for His Majesty's service and the advantage of England, since
it is well known that notwithstanding this treaty they did first
surprise and attack us in America and may do the like again on
the like occasion, whilst we relying on the faith of such a treaty
may be wholly unguarded and unprovided, as we then were, for
such attempts. l,ist of papers enclosed, but without enclosures.
Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt,
John Pollexfen. [Board of Trade. Plantations General, 85.
pp. 12-30.]
Feb. 18. 109. Governor Webb to Council of Trade and Plantations.
Nassau, Letter the same in substance as those dated Feb. 11 and
Province Dec. 19, 1698. Signed, Nich. Webb. Endorsed, Reed. July 15,
Read Oct. 5, 1699. ' [Board of Trade. Proprieties, 4. No. 12.]
Feb. 18. 110. Case of John Lucas. Recapitulation of (25) with some
additional objections to Col. Codrington's action for 5,000
damages. Endorsed, Reed. Feb. 18, Read Feb. 20, 169|. 3 pp.
[Board of Trade. Leeward Islands, 6. No. 5 ; and 45. p. 828.]
COLONIAL PAPERS.
1699.
Feb. 18.
London.
Feb. 20.
Feb. 20.
Feb. 21.
Feb. 21.
Whitehall,
Feb. 21.
Feb. 21.
New York.
Dec. 14.
1698.
111. Henry Adderley and others to William Popple. We
desire their Lordships to call before them Col. Nicholas Bayard,
Capt. John Evans, Philip French, Jacob Mayle, Benjamin Aske,
Wm. Janeway, Matthew Ling, Thomas Jeffers, Samuel Bradford,
who are prepared to give an account of affairs in New York.
Signed, Hen. Adderley, Gerard van Heythuysen, J. Loffting, Jno.
Blackall, Wm. Sheppard. Endorsed, Reed. Read Feb. 20, 169 2-.
[Board of Trade. New York, 8a. No. 10 ; and 53. p. 256.]
112. Minutes of Council of New York. The accounts of
C . a P^ ain Richard Wyse, Master of the Hester, with charges for
rigging and repairing before seizure, referred to the Attorney-
General. Petition of John Lawrence, High Sheriff of Queen's
County, Island Nassau, about the riotous behaviour of the inhabitants
at the election of Assemblymen, dismissed. Ducie Hungerford,
a Commissioner of Revenue, summoned to appear before the
Council on the petition of Johannes Beerkman. [Board of Trade.
New York, 72. pp. 191, 192.]
113. Journal of Council of Trade and Plantations. Letter
from Mr. Burchet about passes read and directions for a representa-
tion given.
Memorial from the Turkey Company delivered by Mr. Faulkener
and directions given for an answer to Mr. Secretary Vernon.
The Earl of Limerick presented the Duke of York's patent from
Charles II. for some part of New England.
Letter from Mr. Adderley and other merchants read. Answered
that any of the persons they name may send in their information
in writing.
Mr. Lucas was informed that the Board was inclined to give him
relief but believed they should be able to do it more effectually
when they should have received orders for drawing Col. Codrington's
commission and instructions.
An answer desired from Mr. Sansom about the business of Perth
Amboy.
Progress made with report on Col. Fletcher's affair. [Board of
Trade. Journal, 11. pp. 396-398 ; and 96. Nos. 31 and 32 ; and
Trade Papers, 14. pp. 193-196.]
114. William Popple to Henry Adderley. Anything you or
others mentioned in your letter (Feb. 18) have to offer may be
communicated in writing. Signed, W.P. [Board of Trade. New
York, 53. p. 256.]
115. Minutes of Council of Barbados. Writs were ordered
for a new Assembly. The cost of erecting a free school was
considered. Two petitions, of Hugh Agnew, merchant, and his
wife, against Magnus Popple's proposals, were referred to a
Committee of the Council. [Board of Trade. Barbados, 65.
p. 389.]
116. Governor the Earl of Bellomont to Council of Trade
anc i Plantations. 'Tis a misfortune to me and great prejudice to
th e King's affairs here that your Lordships send me no orders in
a u this time. 'Tis near six months since I had a letter from your
AMERICA AND WEST INDIES. 69
1698.
Board, and I cannot but thinke the pains I take here to serve the
King and the interests of England deserves some return. The
worst of it is the Jacobite party here take great notice of it, and
give it out all the country over that I am therefore in disgrace with
the King, for that the ministers neglect me. There came a ship
hither three weeks since from London and brought letters from
Col. Fletcher to several of his friends here, giving them an account
of his kissing the King's hand, and being received by His Majesty
with all the marks of esteem imaginable, and several other things
in relation to the prosperity of his affairs. This news caused great
exultation among the party, and it was industriously spread all the
country over, and it was not forgot to be inserted with the rest
that I had not received one letter from the Ministers of England,
which was made an inference and sure mark of my disgrace. I
had this week a letter from Mr. Secretary Vernon by the way of
Maryland, which was very effectually penned to answer all the
ends of my administration and to encourage my proceeding to
discourage piracy and unlawful trade, the belov'd twins of the
marchands of this place. Lieut. Hunt sailed the 27th of last
month from Pescataway, having come two or three days short of
the Dept/ord man-of-war at Boston, with my packet to your Lord-
ships wherein are the states of the revenue, accounts and fortifica-
tions of this province, by all which Col. Fletcher will appear very
corrupt, and Brooks, the late Collector, deeply involved in the two
first. Mr. Basse, the Governor of the Jarzies (Jerseys), in
contempt of the orders your Lordships formerly sent me, loaded
the ship Hester at Perth Amboy in E. Jarzy and was sending her
on a voyage, on notice whereof I sent Mr. Hungerford, one of the
present Collectors, and one of my Lieutenants with forty soldiers
and seized and brought the ship away. I have since offered to
restore the ship, provided Basse would have her cleared at this
port, but he refusing, we are going to have her tried. The whole
proceeding is contained in the papers herewith sent. Mr. Basse
threatens to try in Westminster Hall whether Perth Amboy be a
port or no and to sue me for damages for bringing away the Hester.
She is a leaky ship of about 120 tun and her loading is about
28,000 barrel staves. I have not yet complied with the instruction
to regulate the militia of the Jarzies, because there is no civil
government there, for Basse having not the King's approbation as
the Act of Parliament of the 7th and 8th of the King obliges all
Governors of Plantations to have, the people do not own Basse's
authority, and for fear they should call it more publicly in question
he dares not call an Assembly. Besides it is said he has been
formerly in very mean circumstances in that country and his
carriage now is very foolish, which makes him contemptible
to the people. I send a memorial of Col. Eomar's the Engineer
which by mistake was not sent formerly. It concerns the
fortifications on the frontiers. I am much troubled for his being
recalled ; he is an honest man and an able artist, as the Gentlemen
of the Board of Ordnance told me. I enclose an address from the
Lieut. -Governor, Council and Assembly of Massachusetts Bay,
desiring me to repair thither, but till I receive your orders I do not
think it prudent to remove hence. I enclose also an address from
70 COLONIAL PAPERS.
1698.
the Council and Assembly of New Hampshire, which will show you
what mischief Col. Allen is doing in that province. He is, it seems,
turning people out of their properties without process of law, and
so distracts the people that I fear the provision of naval stores for
the King will suffer an interruption, which otherwise Mr. Partridge,
who is now here with me, gives all possible assurance of its
succeeding to all our desires so far as relates to timber of all sorts,
masts, pitch and tar : as for hemp he has no hopes of that there,
and I formerly wrote my thoughts of hemp and flax as fitter for
productions for the soil of Ireland, and to be manufactured there
where labour is cheaper three-fourths than 'tis here or in New
Hampshire. I do not take my account of Col. Allen upon trust from
Mr. Partridge, tho' he have a fair character, for I have the same
account from two or three indifferent hands besides. I am
persuaded that when you read Col. Bayard's answer to my reasons
for suspending him from Council, you will think it deserves not
a reply. I rather think that, being a man of so ill a character,
and going to England broker for the factious merchants here to
purchase my being commanded home (for such is the common
report here, and that he is commissioned to lay out a great
many thousand pounds for that end) he will deserve your
censure. Besides, being a man in criminal circumstances, there
being two positive affidavits against him of his countenancing and
abetting pirates and partaking of their spoils, he is liable to be
arraigned and tried for his life. Signed, Bellomont. I send my
reasons for suspending Col. Willet, and a copy of my pro-
clamation and circular letter for administering the oaths. The
same proofs I sent you of my reasons for displacing Col. Bayard
will serve to make good three of the reasons I now send against
Col. Willet, and for the fourth the depositions of John Williamson
and Benjamin Thurston sent Oct. 21 by Capt. Jeffers will be
substantial proofs. I sent my reasons to Col. Mynvisil for displacing
him, but he not having yet returned me his answer I forbear
troubling you with them at present. Endorsed, Reed. Feb. 21,
Read March 18, 169|. 3 pp. Holograph. Enclosed,
116. i. Abstract of preceding letter. 2 pp. Also, Board oj
Trade. New York, 45. pp. 33-35.
116. n. Minutes of Council of New York. Nov. 23, 1698,
ordering the Hester to be seized. (Cal. 1698, 1006.)
Copy.
116. in. Minutes of Council of New York. Nov. 24, 1698.
Instructions to Capt. Matthews relating to the seizing
of the Hester. (Cal. 1698, 1006.) Copy. 3 pp.
New York. ng. IV . clerk of the Council of New York to Mr. Basse. In
Nov - 29 - spite of the Order of Council, Nov. 25, 1697, showed
1698. you by His Excellency, wherein the pretended right of
the proprietors of the Jarzies to a freedom of port at
Perth Amboy was disallowed, the Governor and Council,
understanding that you had laden the Hester there and
were sending her on a voyage without clearing her at
the Custom-house of New York, sent and seized her.
But they are willing to restore her, provided you or
her master take her clearing from the Custom-house
AMERICA AND WEST INDIES. 71
1698.
here and refund the charges the Government has been
at. Signed, B. Cosens. 2 pp. Cop//.
Dec. 5. 116. v. J. Basse to the Clerk of the Council of New "York.
Perth Amboy. Yours of the 29th will be considered by the first
Council I shall call. Meantime I can only say the
Proprietors of East Jersey by their instructions
positively command me not to enter, clear, give bond,
security or anything that may pay an acknowledgment
to your port either for the Hester or any other vessel,
which instruction is not drawn without the mature
advice of persons learned in law. I cannot doubt but
that I shall be secured in my obedience to my instruc-
tions, and the Act of the 25th Caro. II. will justify me
in my pretensions. Signed, J. Basse. Copy.
Aug. 26. 116. vi. Col. W. Romer to the Earl of Bellomont. In obedience
1698. to your orders I left on May 8 for the frontiers of New
York. The town of Albany lies on Hudson's River,
144 miles from New York : Schanegtadie 20 miles west
of Albany on the Great River of the Maquas. The
fortifications of these important frontiers are neglected,
consisting of wood and palisades: they should be of
stone and proportioned to their importance. For I
consider that if these two places came at any time into
the enemy's hands, the Provinces of York, Jersey,
Pennsylvania and Connecticut would be obliged in a short
time to submit, and that forthwith Maryland, Virginia,
and New England would suffer severely, and as York is
the mart of all the islands for corn, grain, and provisions,
they would be much injured too. As for Kanestigionne,
12 miles N.W. of Albany, built on the Great River of
the Maquas, and Half Moon, 12 miles N. on Hudson's
River, they ought to be regarded as the bounds of the
frontiers towards New France and so of great use in
time of war to preserve communications with the two
chief frontier-ports above-mentioned. A good guard
should be kept at them or a redout of stone to hold
thirty or forty men in case of necessity, and in time of
war a good palisade, well flanked, to serve as a refuge
of the neighbouring inhabitants. Cheragtoge, 28 miles
N. of Half Moon on Hudson's River, I failed to reach,
but I gathered the seven forms and the fort made in
Leisler's time were utterly ruined during the war. The
French pretend it belongs to them, though we have had
possession for many years. It would not be amiss to
build a small palisade fort with a small stone tower in
the middle to maintain possession and encourage the
planters to return and settle. In time it will be possible
to clear the country of forest and establish proper
communications. Signed, W. Romer. Copy. 8 pp.
French.
Nov. 22. 116. vii. Address from the Lieutenant-Governor, Council and
1698. Assembly of Massachusetts Bay inviting the Earl of
Boston.
72 COLONIAL PAPERS.
1698.
Bellomont to visit them. Copy. Signed, Wm. Stough-
ton, Nathaniel Byfield, Speaker; Isaac Addington,
Secretary.
Nov. 24. 116. vin. Members of Council and Assembly of New Hamp-
1698. shire to Earl of Bellomont. We cannot wait the happy
New Hamp- c | av o f vour arrival here to inform you that General
Allen, since he took the administration upon him, has,
contrary to his promise, turned out of office sundry
very fit persons and put others of Mr. Usher's
creatures in their room, and such as favour his claims.
Whereby His Majesty's authority is likely to be used
to promote his claim to the property of our lands and
the disresting good subjects in their quiet and peace-
able possessions, so that without present relief many
of the principal inhabitants must leave the province.
Sir/ tied, Council: John Hinckes, Richd. Waldron,
Henry Green, Nath. Weare, Peter Coffin. Assembly :
John Pirkeim, Speaker; John Tuttle, Samuel Keais,
John Plaisted, Theodore Attkinson, Saml. Learell,
Henry Vow, John Smith, Joseph Swett, William
Furbur, James Davis, William Samey. Copy.
1699. 116. ix. Lord Bellomont's reasons for displacing Col. Thomas
Willet from the Council. He advised Col. Fletcher's
frequent embezzlement of revenue. He advised and
consented to a pirate bringing his ship and spoils into
the port of New York, and connived at Col. Fletcher's
public acceptance of that ship as a present, as well as
of large sums, for the protection of these and other
pirates. He connived at Col. Fletcher's neglect of the
frontiers during the war. He concealed sums of money
and treasure brought by known pirates from the Red
Sea. Signed, Bellomont. 3 pp.
116. x. Earl of Bellomont's proclamation for administering the
oaths, test, and association to the male inhabitants of
New York under sixteen years of age. Printed copy.
116. xi. Circular letter of the Earl of Bellomont to the Justices
of the Peace to be careful and expeditious in adminis-
tering the oaths, test and association. Copy.
116. xii. Deposition of Thomas and John Parmyter. Five or
six days hence we were at James Spencer's house and
heard him railing in a scurrilous manner against
Leisler's party, saying that they were all rogues and my
Lord Bellomont was no better for taking their parts and
that he did not care one fig for him. John Parmyter
said : " Suppose my lord should hear you through this
window." Spencer answered : " God damn his blood ;
he would shoot my lord or anybody else who should
appear at his window," and swearing to his negroe, bade
him fetch him a blunderbuss, and so railing went out
of the company. Copy. [Board of Trade. New York.
8a. Nos. 11, 11 i. -xii., and (without enclosures) 53.
pp. 283-291.]
AMERICA AND WEST INDIES. 73
L699.
Feb. 21. 117. Jon. Sansom to Mr. Popple. In reply to yours of this
Custom date and Dec. 22, relating to the business of Perth Am boy, I send
London vou a C( W * tue report to the Treasury finished this day by the
Commissioners of Customs. As to the vessel seized by Mr.
Randolph in the Jerseys and afterwards tried in the Court of
Admiralty of New York, desiring to know the subject and success
of that trial the Commissioners have spoke to the master of the
ship by whom they were informed Mr. Randolph had sent them
account of this matter, and are told by the master that being in
distress in his passage home, he threw Mr. Randolph's packet
overboard amongst other things, so that the Commissioners are
yet without notice from Mr. Randolph. Signed, Jno. Sausom.
Endorsed, Reed. Feb. 22, Read March 3, 169. Enclosed,
117. i. Report of the Commissioners of Customs to the Lords of
the Treasury about the settlement of a port at Perth
Amboy. Besides the Act made in the 25th year of
Charles II. there is another in the 7th and 8th of the
present reign providing that the Commissioners of the
Treasury and Customs in England may appoint Officers
of the Customs in any city, town, river, port, harbour or
creek of or belonging to any of the islands, tracts of
land and proprieties when and as often as to them shall
seem needful, pursuant to which law, not mentioned in
the Council of Trade's representation of Oct. 27, 1697,
your Lordships by warrant of Nov. 20, 1696, approved
of a Collector at Perth Amboy in East Jersey and another
at Bridlington in West Jersey, as recommended by the
Surveyor-General of Customs in H.M. Plantations.
These officers have instructions to collect the rates and
duties imposed by the Act of Charles II. upon tobaccos
and other plantation commodities enumerated, shipped
or loaden thence for any other of H.M. Plantations, as
also to inspect the like commodities which shall be laden
in ships bound directly to this kingdom and to attend
the delivery of all European goods brought from hence,
and prevent the importation thereof from other places,
and likewise to take care that all goods be imported and
exported in ships qualified according to law. The
establishment of a Collector at Perth Amboy was not
anyways intended to exempt the inhabitants of New
Jersey from the payment of any duties they were before
chargeable with to the Government of New York, and
are wholly different from those which the Collector of
the Customs is charged with at Perth Amboy and are
not under our direction, as appears by our report of
Aug. 31, 1697, to your Lordships. Si'ined, Charles
Godolphiu, Walter Yonge, Samuel Clark, Benjamin
Overtoil, William St. Quintin. Copy. 2 pp. [Board of
Trade. Proprieties, 2. Xos. 50, 50 1. ; and 25.
pp. 344-348.]
Feb. 22. 118. Jahleel Brenton to Win. Popple. In answer to what you
London. this day wrote me about the militia of the colony of Rhode Island,
etc., it is thus: By their Charter the General Assembly is
74 COLONIAL PAPERS.
1699.
empowered to nominate, appoint and constitute so many com-
manders, governors and military officers as to them shall seem
requisite, for the leading, conducting and training up the inhabitants
in martial affairs, etc. But the General Assembly have given up
to the militia this power of nominating and appointing commanders
and military officers, and accordingly every year the militia
choose their own officers. Sif/ncd, Jahleel Brenton. Endorsed,
Reed. Feb. 22, Read Feb. 27, 169|. [Board of Trade. Pro-
prieties, 2. No. 51 ; and 25. p. 340.]
Feb. 23. 119. Order of King in Council, referring the petition of
Kensington. Edward Palmes and John Hallam to the Council of Trade. Signed,
John Nicholas. Endorsed, Reed. Read Feb. 27, 169|. Enclosed,
119. i. Petition of above. Their good ship, the Livecn, was
seized in the harbour of New London, June 16, 1691,
under colour of an order of the County Court, by
Samuel Fosdick, FitzJohn Winthrop and Richard
Christopher, without any action having been brought
in any way concerning that ship. The petitioners
brought an action last September in the County Court,
and were non-suited on pretence of the Statute of
Limitation, though John Winthrop had been out of the
colony more than four years then. On application
an appeal to the Court of Assistants was refused.
Petitioners pray for an order to the Government of
Connecticut to take care that their appeal be now
admitted, and in case the petitioners find themselves
aggrieved by the judgment of that Court and appeal
to your Majesty in Council that that appeal shall be
admitted. Copy. 2 pp. [Board of Trade. Pro-
prieties, 2. Nos. 52, 52 1. ; and 25. pp. 350-354.]
Feb. '23. 120. Order of King in Council, referring the petition of John
and Nicholas Hallam, merchants of Connecticut, to the Council of
Trade and Plantations. Signed, John Nicholas. Endorsed, Reed.
Read March 6, 169f . Enclosed,
120. i. The petition of above. The petitioner' smother, a widow,
married one John Liveen, who, being non compos mentis
at the time, willed the greatest part of his estate away
from the petitioners and their mother. If the will be
set aside, there being no heir at law or next of kin, the
estate will be escheated to the King, whom the petitioners
pray to grant them his interest and title therein. Copy.
2 pp. [Board of Trade. Proprieties, 2. Nos. 54, 54 1. ;
and 25. pp. 340-342.]
Feb. 23. 121. Petition of the Agent of New York to the Council of
Trade and Plantations. The forces of New York are in great want
of recruits, who may with ease be raised now on the disbanding
part of the forces in England. The fittest time and way to trans-
port them to New York will be in the Guard Ships or ships hired
to bring masts and other stores for H.M. Navy, which will
depart towards New England about April. The forces have not
received one farthing of pay or subsistence for these twenty-six
AMERICA AND WEST INDIES.
75
1699.
months past, except 500, but have been subsisted by the Earl of
Bellomont's credit with the victuallers, who are not willing to trust
any farther. Unless recruits and pay be sent at once the troops
will be forced to disperse ; the Indians will have no longer alliance
with us ; the fur-trade will be lost to England and the whole
province of New York, which is the key and bulwark of all His
Majesty's colonies on the mainland of America, will be exposed
defenceless to the attempts of an enemy. Signed, T. Weaver.
Endorsed, Reed. Read Feb. 24, 169|. 1 p. [Board of Trade.
New York, SA. No. 12; and 12i. duplicate; and 53. pp. 267,
258.]
Feb. 23. 122. Order of King in Council, referring to the Council of
Kensington. Trade the petition of Francis Brinley of Rhode Island, who prays
His Majesty's order to the Judge of the General Court of Trials at
Newport to allow him to try his title upon a new ejectment to
three acres of land claimed by one Charles Dyer, or to be allowed
to appeal. Signed, John Nicholas. Endorsed, Reed. April 14,
Read April 21, 1699. Enclosed,
122. i. Copy of petition of Francis Brinley.
122. ii. Memorial of same in support of his petition. Signed,
Francis Brinley. 2 pp. [Board of Trade. Proprieties,
3. No8. 9, 9 i., 9 n. ; and 25. pp. 404-406.]
Feb. 23. 123. Proprietors of Carolina to Josiah Blake, Governor " of that
London. p ar fc o f our Province of Carolina that lies South and West of Cape
Fear." We transmit his Majesty's instructions for the better
putting in execution the several laws that concern the Navigation
and Trade of H.M. Colonies in America, and directions from the
Lords Justices for the Naval Officer in order to his being a check
upon H.M. Collector of Customs. We expect daily to hear of the
arrival of Major Daniel's brigantine and to have some account of
your affairs. Signed, Bathe Palatine, M. Ashley, Bathe for Lord
Carteret, Wm. Thornburgh for Sir John Colleton, Win. Amy, Wm.
Thornburgh.
124. A similar covering letter to Nicholas Webb, Governor of
the Bahama Islands. Prefixed,
124. i. Lords Justices of England to the Lords Proprietors of
Carolina. His Majesty having been informed that the
Naval Officers, persons appointed by the Governors of
Plantations to take bonds and give certificates for clear-
ing of ships, have generally neglected to comply with
the direction of the late Act of Parliament for preventing
frauds and regulating abuses, hereby orders that they
shall give security for the due discharge of their trust
to such person as shall be appointed by the Commissioners
of Customs and that no certificates for clearing ships be
admitted to be valid if signed by the Naval Officer of
the Province without the concurrence of the Collector
of Customs there appointed. Tho. Cantuar, Pembroke,
Devonshire, Dorset, Marlborough. Nov. 13, 1698.
Jan. 22. 124. n. James Vernon to the Lords Proprietors of Carolina.
Kensington. I am directed by His Majesty to take especial care that
76 COLONIAL PAPERS.
1699.
the Commander-in-Chief for the time being of his
province of Carolina inform himself of the principal
laws relating to the Plantation Trade: (i) Act of
Navigation (12 Charles II.) ; (ii) Act for preventing
frauds in the Customs (14 Charles II.) ; (iii) Act for
encouragement of trade (15 Charles II.) ; (iv) Act for
regulating the Plantation Trade (22 and 23 Charles II.) ;
(v) Act for better securing the Plantation Trade
(25 Charles II.); (vi) Act for preventing frauds and
regulating abuses in the Plantation Trade (7 and 8
William and Mary) ; and take a solemn oath to do his
utmost that they be punctually observed.
He must see that in accordance with the last-mentioned
Act Naval Officers give security to the representatives
of the Commissioners of Customs. By (i) no goods are
to be exported or imported out of or into any of our
possessions in America in any vessel not belonging to
the people of England, Ireland, Wales or Berwick or not
built in and belonging to any of our said possessions, or
whereof the master and three-fourths of the mariners at
least are English. By this is to be understood that the
crew shall be such during the whole voyage except in
case of sickness or accident. By (iv) vessels are not to
be allowed to load cargos upon certificates of bonds
given in Ireland. The Governor must carefully examine
the certificates of ships giving security in England to
bring their loading of Plantation goods to English ports
and see that the security for similar bonds given in
Carolina are good. Bonds must be given to carry such
goods to some of our Plantations, England, Wales or
Berwick and to no other place. He must transmit every
three months to the Commissioners of Customs a list of
all ships trading within Carolina, with copies of invoices
oi their lading. Other directions of the same kind for
enforcing the laivs intended to secure the trade and province
to the native-born subjects of King William, Signed,
Ja. Vernon. Six large pp. Annexed,
124. in. Form for list of ships entered and cleared in Rapaha-
nuck, Virginia. [Board of Trade. North Carolina, 4.
pp. 58-67.]
Feb. 23 125. Minutes of Council of Massachusetts. Leave granted to
Boston. Joshua Gee of Boston, shipwright, to build a house of timber with
a brick front. Mary Gardner, of Salem, whose husband is supposed
lost at sea over three years ago, permitted to marry again.
Treasurer ordered to pay half the cost of repairing the Town
House (139 6s.) to Nath. Byfield, Simeon Stoddard and Isaiah
Tay. [Board oj Trade. New England, 49. pp. 194, 195.]
Feb. 23. 126. Journal of Council of Trade and Plantations. Orders of
Council of Feb. 9 and 16 read.
Mr. Churchill, stationer, and the officer of the Post-house ordered
to bring their accounts.
AMERICA AND WEST INDIES. 77
1699.
Col. Bayard, desiring a hearing upon his late petition, was
informed that His Majesty had some time past removed him from
being of the Council of New York, and no charge was at present
depending at this Board against him.
'eb. 24. Letter to Mr. Secretary Yernon signed, enclosing memorial
from Mr. Weaver, Agent for New York, relating to recruits and
money for the forces there.
Mr. Lucas opened the case he had previously presented in
writing.
Representation upon passes signed and transmitted to Mr.
Secretary Vernon. [Board of Trade. Journal, 11. pp. 398-400 ;
and 96. No*. 33 and 34 ; and Trade Papers, 14. pp. 197-199.]
127. Minutes of Council of Virginia. William Byrd was sworn
into the Council. Ralph Worineley and Richard Johnson unable
to attend through sickness, and Benjamin Harrison because of his
wife's death. Capt. Miles Gary appointed deputy- surveyor of
Warwick and Elizabeth counties during William Lowry's absence
in England. Navigation bonds and other papers left by William
Randolph, the late Attorney-General, were delivered to his successor,
Bartholomew Fowler, who, on the petition of John Wicket of
Charles City County was ordered to prosecute James Minge, Clerk
of that County, for taking illegal fees. John Taylor claiming the
office of Clerk of that County Court, but being hindered from
obtaining it by Miuge, who had also begun a prosecution against
him and Charles Goodrich but would not proceed with it, ordered
that John Taylor and James Minge be suspended and the Attorney-
General prosecute Taylor and Goodrich on Minge's charge.
Richard Bradford, complaining against Minge for neglect of his
office was left to his remedy at law. On the petition of Richard
Bland and Robert Boiling, magistrates of Charles City County, a
new Commission of the Peace was issued adding Capt. W T illiam Hunt,
Micajah Low, Richard Bradford and Joshua Winn. Mr. Auditor
Byrd presented the accounts of the public revenues, showing 4,793
14s. 7%d. debit, and 160 credit received since last account. The
account of the quit-rents showed a sum of .4,405 19s. due to His
Majesty. Petition of some inhabitants of Wilmington to be taken
into James City Parish, Lord Bellomont's letter and Col.
Cadwallader Jones' proposition, both relating to a new trade with
the Indians, referred for consideration till the meeting of a General
Assembly. Writs for an Assembly to meet at James City, April 27,
ordered and signed. A message from North Carolina about
surveying and settling the bounds of the two colonies referred till
the Assembly meets, and the representatives of North Carolina
invited to attend on April 27. The sheriffs ordered to take care
that all elections of burgesses be fairly made. Resolved that the
establishment of an office for marine affairs be recommended to
the Assembly. Consideration of H.M. commands relating to a
Court of Exchequer, of the state of the revenues and fortifications,
and of an Act for the Militia, referred to the next Assembly.
John Tullit ordered to repair and fit up his house, where Mrs.
Sarah Lee, alias Smith, used to live, for the use of the next
General Assembly. William Byrd and Edward Hill ordered to
78 COLONIAL PAPERS.
1699.
view the fortifications at James City, and Edward Jenings and
Matthew Page those at Yorke and Tindall's Point, and to examine
the Gunners' accounts. The Commanders-in-Chief of the Counties
ordered to return accounts of arms and ammunition. Attorney-
General ordered to prepare a regular and practical method of
granting escheat lands : petitions of John Smith, George Jordan
and Abraham Edwards, for the escheat of lands, held over till
that should be done. Proclamation ordered that all claims
to lands in Pamunkey Neck or South of the Black Water
Swamp be made before the end of next General Court.
Petition of David Jones against Peter Heyman referred to
the Attorney-General. Henry Fox, Capt. William Clayborne,
Capt. Willis Wilson, James Howell, John Waller, and Richard
Anderson added to the Commission of the Peace for King and
Queen County. Matthew Driver's information against illegal
traders entered in the Council Books. Letters from the Commis-
sioners of Customs for the discharge of two navigation bonds read
and sent to the persons concerned. Ordered that, at the time for
taking the lists of tithables, lists of all people of what age, sex, con-
dition or religion soever they be, be taken too. Inquiries ordered
to be made as to what seals are in use in this colony and what
warrants there are for using the seal of the colony. Mr. Attorney-
General ordered to consider whether the Council be a Court of
Record and its books records. Warrant signed for 400 to Mr.
Commissary Blair on account of arrears. Edmund Jenings,
Collector and Naval Officer of York River, Edward Hill, of the
Upper District of James River, and Peter Heyman, of the Lower
District of James River, made oath to their accounts of If?, per lb.
due to the College of William and Mary in Virginia. Capt. Miles
Gary, appointed Surveyor-General of the Dominion by the trustees
and founders of the college, was sworn to the due execution of his
trust. Fees in the Court of Admiralty were ascertained till further
order as follows : To the judges 5 per cent., to the register 2 per
cent., and to the marshal 2 per cent., upon the sum decreed to be
paid ; Edward Hill was sworn Judge of the Court of Admiralty ;
Miles Gary, Register; John Taylor, King's Advocate; Michael
Sherman, Marshal. Capt. Willis Wilson petitioning to be re-
imbursed for his expenses in endeavouring to save H.M.S.
Swift and H.M. Ketch Row, the rigging, tackle, etc. of these
vessels ordered to be sold and the auditor to adjust all claims.
Capt. John Aldred, commander of H.M.S. Essex Prize, trans-
mitted to H.E. an account of the condition of his ship, and
what men he had pressed by virtue of a warrant received here, and
a copy of his instructions. Mr. George Blighton, appointed agent
by the Earl of Romney to receive for him His Majesty's part in all
prizes carried into Virginia, directed to make his claims next
Council when his letters of attorney had been proved. The Indian
Interpreters ordered to bring the several Nations of Indians on
May 1st to pay their tribute to H.E. at Middle Plantation.
Attorney- General ordered to prosecute Samuel Thompson, the
Sheriff of Westmoreland, for not apprehending John Good accord-
ing to his duty. William Thompson, his father, who had written
to offer excuses for him, ordered to attend on April 17. Proclama-
tions ordering the release of certain French prisoners named in the
AMERICA AND WEST INDIES.
79
1699.
Lords Justices' letter of Sept. 20, 1698, and the apprehension of
John Cood ordered to be prepared. [Board of Trade. Virginia, 53.
pp. 167-181.]
128. Council of Trade and Plantations to Mr. Secretary Vernon.
In our letter of Dec. 8 we desired you to lay before His Majesty
some things relating to the Five Nations of Indians in the neighbour-
hood of New York, who have always lived in a dependency and sub-
jection to the Crown of England. We added our humble opinion that
the said Indians ought to be preserved and supported by His Majesty
by being comprehended in the general Peace and otherwise pro-
tected as to His Majesty should seem fit. Having understood from you
that the matters in difference between His Majesty and the French
are now under consideration, and it seeming necessary that the
Province of New York, with reference to our Indians, be in the
present conjuncture particularly taken care of, we are the rather
induced to pray you to lay before His Majesty the enclosed Memorial.
(No. 121). We understand from the Earl of Bellomont that 250 or
300 men will be necessary for the filling up of the companies there,
which are by establishment four companies of foot of 100 men in
each. Without such recruits and payment as proposed by the
memorial, that province will be exposed at this time to attempts
which may be very prejudicial to His Majesty's right in those parts
and ruinous to our Indians. Signed, Tankerville, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. New
York, SA. No. 12A ; and 53. pp. 258, 259 ; and 44A. No. 28.]
129. Governor Nicholson to Council of Trade and Plantations.
I wrote to you on the 4th, giving an account of this Colony. On
the 23rd the Council met, but only five councillors, some of them
making excuses, but Col. Richard Lee, living upon Potomoke, and
Col. Charles Scarborough, upon the eastern shore, I did not hear
from. We did nothing but what was of present absolute
necessity the calling of an Assembly to meet (God willing)
here about April 27. And for several reasons we concluded
they could not meet before, though there are several things of
importance to be laid before them, as several of H.M. Royal
Instructions to me, the great debt upon the 2s. per hogshead, and
several others both of money and tobacco, which are owing by the
country, the necessity of building a new State-House, etc., the
insufficiency of the fortifications (but I think they never did
deserve the name) and of the Militia, the settling the bounds
betwixt this place and N. Carolina, about a discovery and trade
with the foreign Indians, the settling an office for the Marine
affairs, etc. I intend (God willing) to transmit to you the Journal
of Council after my return from Maryland, but send herewith
three proclamations, as I find the Secretary has not done so.
Neither he nor his deputy living in town is the reason why they
are attested by the clerk of that office. I enclose an authentic
copy of a writ for electing burgesses. Signed, Fr. Nicholson.
Endorsed, Reed. May 10, Read May 19, 1699. 3 pp. with
abstract. Enclosed,
129. i. Copy of Col. Nicholson's protest upon Sir Edmund
Andross' refusal to deliver him the public papers in his
possession.
80 COLONIAL PAPERS.
1699.
129. ii. Copy of a proclamation for continuing all officers, Civil
and Military, upon Col. Nicholson's entering upon the
Government.
129. in. Copy of a proclamation, giving the names of some
French prisoners and requiring information about
them. 2 pp.
129. iv. Copy of a Proclamation for the apprehension of John,
(sometimes called Parson, Capt or Col.) Good on charges
of horrid impious blasphemy and contriving rebellion
in Maryland. His morals are described as rendering
him not fit for human much less Christian society, and
his appearance as deformed, club-footed, with a face
resembling that of a baboon. 3pp.
129. v. Copy of a writ for electing burgesses to serve in the
Assembly. Enclosures all endorsed as letter. [Board
of Trade. Virginia, 6. Nos. 75, 75 i.-v. ; and (without
enclosures), 37. pp. 325-329.]
Feb. 27. 130. Draft of orders of the King in Council to Lord Bellomont.
The Commissioners appointed by us and our good brother the
most Christian King in pursuance of the 8th Article of the Treaty
of Ryswick, have met and taken into consideration the advices
that are lately come from those parts and the letters that have
passed between you and the Sieur de Frontenac in relation to the
Indians inhabiting between the two Governments of New York and
Canada, for preventing any differences and animosities that may
arise on this account, whereby the friendship and good corre-
spondence established between the two Crowns may be any way
lessened or altered. The Commissioners have agreed that the
Governors of the said provinces shall be severally required and
obliged to forbear all hostilities or acts tending thereto, and
further that they oblige the Indians on both sides to live in peace
and friendship one with one another, and that they take care that
the prisoners taken by the Indians shall forthwith be released on
both sides and be permitted to return to their own habitations, as
also that the hostages detained at Quebec shall be set at liberty
and have free leave to repair home. The Governors shall likewise
advise of the methods they judge most proper for restraining the
Indians on both sides from falling into new quarrels and shall
interpose their authority to compose their differences. You are
forthwith to concert measures with the Governor of Canada how
these agreements may be mutually and effectually put in execution.
Not signed. 2 pp. In Mr. Secretary Vcrnon's hand. [Board oj
Trade*. New York, 8(a). Xos. 13, and 18 (i) duplicate.']
Feb. 27. 131. Receipt from the master of the Betty for a letter (Feb. 2)
from the Council of Trade and Plantations to the Earl of Bellomont.
Endorsed, Rec. March 21, 169f. J p. Signed, Jonas Motay (?).
[Board oj Trade. New York, SA. No. 13A.]
Feb. 27. 132. Minutes of Council and Assembly of Montserrat. Isabel
Scheurman, alias Marrow, obtained judgment against Thomas
Pakenham (Feb. 7) for one negro woman and two negro children.
Execution now granted. Major John Scott and Capt. Joseph Littell
AMERICA AND WEST INDIES. 81
1699.
chosen Coroners for the Island. Joint Committee of the Houses " to
adjust the Public Accounts" appointed. Ordered that writs be
issued to one of the Council and two of the Assembly to take the
names of all whites, from 16 to 60, and blacks from birth upwards,
in order to raise a levy. The debts due from inhabitants to the
public treasury were assigned to Capt. William Frye, who made the
highest bid, 16,000 pounds of sugar, for them. This sum ordered
to be paid half to Richard Molineux and half to James Cruick-
shanke. [Board of Trade. Leeward Islands, 64. p. 540.]
eb. 27. 133. Journal of Council of Trade and Plantations. Letter
from Mr. Brenton relating to the election of officers in the Militia
of Rhode Island read.
Order of Council of Feb. 23, upon petition of John and Nicholas
Hallam, of Connecticut, read, and Mr. Wharton desired to shew
what legal evidence or judgment they have that the person who
died possessed of the estate which they set forth to be escheated to
the King was non compos mentis at the time of making his will.
Progress made with report on Col. Fletcher's business.
eb. 28. Letter from Sir Wm. Beeston, Jamaica, Dec. 5, read. Enquiry
ordered to be made of the Jamaica Agents what inconveniences
are likely to arise in Jamaica from the clause in the Act for
settling the trade to Africa therein mentioned, and what remedies
they consider possible.
Letter from Capt. Webb, Bahama Islands, Oct. 14, read.
Representation upon the subject of a memorial from Leghorn,
that the Jews may have the privilege of trading thence to
Alexandria in English ships with the advantages allowed in Turkey
to the English banner, signed. [Board of Trade. Journal, 11.
pp. 401, 402 ; and 96. Nos. 85 and 36 ; and Trade Papers, 14.
pp. 199-202.]
134. Governor the Earl of Bellomout to the Council of Trade
and Plantations. I have given your Lordships the trouble of many
letters since being in this Government, but I have yet a business
of greater consequence to apply to you about, which is administration
of justice. That which is the very soul of government goes upon
crutches in this province and deserves your Lordships' immediate
care and redress above all things whatsoever. Col. Smith, one of
the Council, is Chief Justice of the province, but is no sort of lawyer,
having been bred a soldier. He is a man of sense and a more
gentleman-like man than any I have seen in this province, but
that does not make him a lawyer. Then he lives four-score miles
off and comes but twice a year to this town at the times of the
Supreme Court's sitting, just to earn his salary, which is 100 per
annum sterling, and so is of very little use or service to the
Government, whereas a man in that station ought to be a lawyer,
and a man of great integrity and resident in this town, to be
always ready to assist the Government. As to the men that call
themselves lawyers here and practise at the Bar, they are almost all
under such a scandalous character, that it would grieve a man to
see our noble English laws so miserably mangled and prophaned.
I do not find that a man of 'em ever arrived at being an Attorney
in England. So far from being barristers, one of them was a dancing
12208 F
82
COLONIAL PAPERS.
1699.
master ; another a glover by trade ; a third, which is Mr. Jamison, was
condemned to be hanged in Scotland for burning the Bible and for
blasphemy ; a fourth, which is Mr. Nicholls, your Lordships have
had his character formerly from me, and there are two or three
more as bad as the rest. Besides their ignorance in the law, they
are all, except one or two, violent enemies to the Government, and
they do a world of mischief in the country by infecting the people
with ill principles toward the Government. Now that there is a
prospect of doubling the revenue, I am humbly of opinion we ought
to have good judges sent from England and King's Counsel to mind
the interest of the Crown. The lawyers here do so prey on the
people that 'tis a melancholy thing to hear how unequally justice
is and has been distributed in this province, insomuch as I am told
a suit at Common Law is more expensive and dilatory here than
in England. We cannot hold a Court of Exchequer here, not a
man in the province knowing in the least what belongs to it, and an
Exchequer would be of great use in this province. If justice were
duly and impartially administered here, it would be a great induce-
ment to people to transplant hither and settle in the province. I
believe my Lord Chancellor of England would be apt to join with
your Lordships in laying a scheme for the furnishing us with
judges and other lawyers, and for contriving a maintenance for
them. I know his Lordship has a very public spirit, and I
humbly conceive the recommending of persons to all employments
in the law is what is due to the station he is in. Signed,
Bellomont. Endorsed, Reed. Feb. 21, Read Feb. 28, 169|.
2 pp. [Board of Trade. New York, SA. No. 14; and 58.
pp. 260-262.]
Feb. 28. 135. Abstract of above. [Board of Trade. New York, SA.
14 i. ; and 45. pp. 31-32.]
(Before 136. Hudson Bay Company to the King. We humbly pray
March 1.) that your Majesty will be graciously pleased to protect your
petitioners in their rights and properties and command your
Commissioners now ready to meet the French Commissioners not
to depart from your Majesty's sovereign right to Hudson's Bay
inherent in your Imperial Crown, nor from the rights and properties
of your subjects the petitioners. Signed, Step. Evance, R. Nicholas,
John Nicholson, John Bromwell, Will. Trumbull, Governor;
Samuel Clarke, Deputy Governor ; John Pery. No date. 1 p.
[America and West Indies. Hudson's Bay, 539. No. 10.]
March 1. 137. Hudson's Bay Company to the Lords Commissioners
(Earls of Pembroke, Bridge water, Portland and Tankerville and
Mr. Secretary Vernon) appointed to treat with the French (Count
Tallard, M. Darbos and M. Davegou). The Governor and Company
of Adventurers of England trading into Hudson Bay being ready
to make out the title of the Imperial Crown of England to all the
places claimed in Hudson's Bay, wish to know whether the French,
if that is established, will pretend to no other -advantage of con-
cessions in the Treaty of Ryswick, but admit the controversy is
at end. They premise that in submitting his title to be examined,
His Majesty does not submit it to arbitration or yield to a possible
AMERICA AND WEST INDIES. 83
obstinacy of the French. The Company desires to reserve all
right and claim of propriety they may have, but, if the French
Commissioners can prove a better right, the Company will quit
their claims provided the French will undertake to do the like
mutatia miitandix. Signed, Sarnl. Clarke, Dep. Governor. [America
and West Indies. Hudson's Bay. 539. No. 8.]
138. Col. Quary to Council of Trade and Plantations. This is
the fourth time I have had to trouble you, every week producing
new matter which I think myself obliged to represent very faith-
fully. I was in hopes that before this I should have received your
orders and directions, the want of which makes this Government
to all the extremes of opposing and affronting the King's law and
authority, nor can they forbear scurrilous reflections on his sacred
person, too, as appears by the enclosed depositions, by reason
of which I was forced to hold a Court of Admiralty 40 miles from
this place. I enclose copies of the proceedings. I might as well
have stayed at home, since no obedience is paid to the orders and
decrees of the Court. The whole Government are concerned in
exposing and possessing the people that all the acting and proceed-
ing of the Admiralty is arbitrary and illegal, so that there is no
obedience paid to it. Amongst other matters determined in that
Court one was a prize brought in during the war. It was never
condemned, but the ship lost and almost all the goods embezzled.
Part of what goods was left was in Governor Markham's hands and
some in the Sheriff's. The ship was adjudged lawful prize, and the
Court ordered this to be sold and paid into the hands of a person
who produced a commission from the Commissioners of Prizes, but
the Governor refuses to deliver without an order from Mr. Penn
and ordered the Sheriff to do likewise. His example hath such
influence on all others that they will not give any obedience to any
orders of the Court. Let me remind you of the steps they have
taken in opposing and affronting the King's laws, authority and
person. They made a law purposely to destroy the power
of the Court of Admiralty, but that mortal blow could not reach
that Court without first wounding an Act of Parliament. It is true
they dressed their pernicious Act with fair pretences of serving
the King, but only to hide that wicked cause of destroying the
power of the Admiralty which they very well knew would be fatal
to their beloved illegal trade. The Act lies before your Lordships,
whose wisdom will easily look through their cobweb pretences and
discover their cloven foot. Next they threatened and discouraged
me and the rest of the officers from executing the powers of the
Commission and, failing, by virtue of a warrant from a Justice of
the Peace, one Anthony Morris, a Quaker [they] forcibly entered
into the King's store and took out the goods that were seized
by the King's Collector as prohibited and imported contrary to
law, and delivered them to the person who illegally imported them.
They even brought an action against the Marshal of the Court for
detaining their goods ; he expects daily an execution against him
and to be thrown into gaol. Next they affronted His Sacred
Majesty in open Court, all the Justices sitting, the particulars of
which barbarous disloyalty and horrid impudence I refer to the
enclosed depositions and will send 20 more of them if you desire.
84 COLONIAL PAPERS.
1699.
Next they said in open Council, by the mouth of Mr. David Lloyd, a
Quaker (the same person that affronted the King in open Court),
that all those who encouraged the setting up of a Court of Admiralty
were greater enemies to the liberties and properties of the
people than those that set up ship-money in King Charles
the First's time. Next they endeavoured to persuade all
others from submitting to the Admiralty Courts, and now have
set up a Court of Admiralty of their own. I have here sent you a
copy of the warrant by which they have arrested a ship and
proceeded against her at their last sessions. Their Justices
endeavoured all they could to persuade the Grand Jury to present
all the officers of the Court of Admiralty as enemies to the Governor
and Friends, as they call themselves, assuring the Jury that if they
would present them that the Court would take effectual course with
them. I am sure they would have fined us all to our ruin, and
though they have missed their aim now, they will find some other
way to effect their malicious purpose unless you very speedily
interpose your authority and protect us. I am already out of
pocket in executing the powers of the King's Commission at least
.30, and have not received the value of 6d. directly or indirectly.
I dare not take a penny [in] fees, though there be a [scale ?] of
fees settled in New York, for should I take any without a law to
warrant me they would immediately present me at their sessions
and fine me to my ruin. All the King's Governments in America
and the Proprietors, except this very place, pay respect to the
Commission of the Admiralty and justify them in the due execution
of all the powers of their Commissions. In the province of Mary-
land, Governor Nicholson hath so effectually settled the Court of
Admiralty that all matters relating to the Act of Trade and Naviga-
tion are fixed and judged in that Court to the great satisfaction of
all persons. It is no small addition to our hardships that
His Excellency is now a greater distance from us, who was
the only person we could apply ourselves to for advice, without
whose favour and protection the King's interest had been extirpated
and sunk here long since. Amongst other seizures made here by
the King's Collector was a sloop, seized as not navigated according
to law. The merchant, one Moorehead, a Scotch trader, petitioned
that the sloop lay at great demurrage and that some of the goods
were perishable, and therefore prayed there might be a special
warrant granted, and that he would give security to answer the
value of the appraisement in case the sloop was condemned at the
next Court of Admiralty. Petition was granted and security
taken (copy enclosed). The sloop was condemned (copy of pro-
ceedings enclosed). Moorehead came into Court and said that he
appealed home to the High Court of Admiralty. I told him that
before his appeal could be entered there must be good security
given not only for what the sloop was appraised at, which was not
a quarter of his value, but also for all damage and cost of Court.
He refused, but a week after came to my house and told me he
was ready to give security and desired that his appeal might be
entered. I replied that I could do nothing without the Register
and the other officers of the Court, and that if he would come in
the afternoon and bring security I would summon the officers and
AMERICA AND WEST INDIES.
85
1699.
make a Court, but he never came. I cannot put his bond in suit,
there being no person in this country that will prosecute for the
King, though David Lloyd acts as the King's Attorney-General,
signs himself so and takes all the fees, yet refuses to put in suit
anything for the King. I humbly beg your Lordships' direction
in this case. I have with much difficulty persuaded the officers
to continue in the execution of their respective places till I can
hear from you. They are very apprehensive this Government
will by one means or other ruin them. If they should be forced
to lay down it will be impossible to get any person here to accept
of them, which is what this Government are at. Copy. Signed,
Robt. Quary. Endorsed, Reed. May 1, Read May 16, 1699. 5 pp.
Enclosed,
138. i. Copy of bond given by John Moorehead for the sloop
Jacob of Albany, Francis Bassett, master, seized by
John Bewley, Collector, for illegal trading. Signed by
above and James Coutts, J. Moore.
138. n. Affidavit of Robert W6bb, Marshal of the Court of
Admiralty. At a Court of Common Pleas, Sept. 9 and
10, 1698, in Philadelphia, my Attorney, Mr. John
Moore, on producing my Commission was stopped by
one David Lloyd, a Quaker, Attorney-General (as
alleged) who scurrilously said: "What hast thou got
there, John ? A fine Baby ! Dost think we are afraid
of a Baby" (pointing at the King's effigies in the
beginning) "and a Pinn Box?" (the Great Seal).
He said it was no King's Commission and could prove
it, and holding it up in his hand scoffingly exposed it to
the laughter of the people. Signed, Robt. Webb,
Marshal.
138. in. Affidavit of Sam. Holt to the same effect.
138. iv. Copy of a warrant to attach the ship Win. Galley so
that the master and owners may appear at the County
Court, Philadelphia. Signed, Anthony Morris.
138. v. Copy of proceedings of the Court of Admiralty
at Newcastle, Pennsylvania, Nov. 10, 11, 12, 1698.
6 2>P- Attested by Sam. Weaver, Deputy Registrar.
[Board of Trade. Proprieties, 3. Nos. 16, 16i.-v.; and
(without enclosures) 25. pp. 426-431.]
139. Journal of Council of Trade and Plantations. Some of
the papers referred to in Lord Bellomont's letter of Oct. 21 read.
Progress made with report on Col. Fletcher's case.
Letter ordered to Mr. Secretary Vernon proposing that in the
letter now under consideration of the English and French Commis-
sioners to be writ to Lord Bellomont and the Governor of Canada,
a clause be inserted requiring them to forbear from any acts
of hostility by sea as well as land.
Mr. Lucas informed that a report would be made upon his
memorial as soon as convenient.
Bearer of a petition that Capt. John Sutton be recommended to
be of the Council of Barbados informed that there is at present no
vacancy.
COLONIAL PAPERS.
1699.
March 2.
For* William
Henry.
March 2.
March 2.
Letter to Mr. Vernon ordered yesterday signed.
Five papers lately left by Col. Fletcher read and returned.
Letter from Mr. Sansom, Feb. 21, with enclosed copy of the
report made by the Commissioners of the Customs to the Lords of
the Treasury relating to Perth Amboy read. Letter ordered
to enquire what the Lords of the Treasury think fit to do. [Board
of Trade. Journal, 11. pp. 403-406; and 96. Nos. 37, 38, 39.]
140. Minutes of Council of New York. Petition of Dirk
Jansen Hooghlandt referred to a committee. Col. Isaac Arnold
commissionated, with a salary of 50, to seize prohibited goods, etc.
in the County of Suffolk, Island Nassau. John Townsend appointed
surveyor and searcher of H.M. Customs at Oyster Bay, Huntingdon,
and Musketoe Cave on the Island Nassau, where great quantities of
goods are run. [Board of Trade. New York, 72. pp. 193-194.]
141. Minutes of Council of New York in Assembly. Mr.
Gabriell Ludlow, Clerk of the Assembly, took the oaths appointed,
and the Assembly was adjourned for want of members. [Board of
Trade. New York, 72. p. 741.]
142. Governor Grey to Council of Trade. As I never, since my
arrival here, have been wanting of informing your Lordships of the
circumstances in this part of the world that are any ways conducing
to His Majesty's interest, so I cannot omit of laying hold of this
opportunity to acquaint your Lordships, how necessary it is at this
juncture to have a stronger force, I mean of ships, to preserve the
West India trade, since frequent instances are shown of the
barbarity of the pirates that infest and disturb the commerce of
these seas. There is but one small frigate allotted for the guard
of this island, a heavy sailer, and in case of necessity, in my
opinion, would be but of little service ; two are absolutely necessary
for the security of our trade, the consequence of which your
Lordships are too good judges of, for which reason I don't doubt
but it will be represented in its true light to the King, whose
Customs will be considerably advanced by it. One should be of
between 40 and 50 guns, and the other of 20 or 30, that your ships
in the road may be safe, while one of 'em is continually cruising
upon the pirates. I insist the more upon this, because I have
lately received orders from Mr. Secretary Vernon to use all the
endeavours I can to suppress 'em, which I can never be able to do,
without such an assistance as I have already mentioned, for which
reasons I don't doubt but your Lordships will use your interest
with the King that our necessities may be considered, which will
be a great obligation upon this island and, my Lords, to your
March 3.
Barbados.
Endorsed,
of Trade.
Lordships' most humble servant. Signed,
Reed. 8th, Read 10th May, 1699. 1 p. [Board
Barbados, 7. No. 77 ; and 44. -pp. 262, 263.]
143. Same to the same. I omitted to acquaint your Lordships
with the death of Mr. Gibbs, one of the members of the Council ; the
number now is twelve, which is complete according to my instruc-
tions, but in case any other should die, or go off the island and stay
so long as to incapacitate him from being any longer a Councillor,
I must recommend to your Lordships William Wheeler, Esquire, as
AMERICA AND WEST INDIES.
87
1699.
a person every way capable of serving His Majesty's interest here,
having one of the best estates in the island, and a warmth of zeal
to employ it on so good an occasion. He has been of the Assembly
for some time and always has given proofs of his loyalty to
the King and obedience to his Governors, and in writing this I do
him but justice, and I hope no encouragement will be given to any
applications that may be made at home in case of the death of any
of the Council here, since by that means I shall be deprived of the
right of recommending one upon a vacancy I am empowered to do
by my instructions. Signed, R. Grey. Endorsed. Reed. 8th, Read
10th May, 1699. 1 p. ' [Board of Trade. Barbados, 7. Ao. 78 ;
and 44. pp. 264, 265.]
144. Petition of Robert [sir] South and Benjamin Dry, citizens
and merchants of London, trading with Barbados, to the Council
of Trade and Plantations, requesting that Captain John Sutton, a
native and inhabitant of that island, may be appointed to the
Council of Barbados. Signed. Hen. South, Benjamin Dry.
Endorsed, Reed. Read March 3, 169f. [Board of Trad'.
Barbados, 7. No. 79.]
145. Minutes of Council of Massachusetts. John Walley
ordered to forward goods for trade with the Indians at Merry
Meeting, Kennebeck River, early in the spring, according to the
agreement made by Col. Phillips. The profit on the transaction to
accrue to the benefit of the province. [Board of Trade. New
England, 49. pp. 195-196.]
146. Council of Trade and Plantations to Mr. Secretary
Vernon. You having been pleased to acquaint us that some
propositions have been made for writing to the Earl of Bellomont
and the French Governor of Canada in order to prevent any
hostilities between the French and us and our Five Nations of
Indians, we mind you of the disturbance given by the French to
our fishing ships upon the Eastern Coasts of New England and
Nova Scotia, according to the memorials in our letter of Dec. 29,
and propose that some expressions should be inserted in the letters
to be writ, whereby both sides may be required to forbear from any
acts of hostility by sea as well as land. Signed, Ph. Meadows,
Wm. Blathwayt, Jno. Pollexfen, Abr, Hill. [Board of Trade.
New England, 87. p. 184.]
147. Minutes of Council and Assembly of Antigua. It was
agreed that provision should be made for those soldiers of Col.
Holt's regiment who were sick or incapacitated. Ensign Hume
was allowed Is. 6d. a day for his mother's maintenance, and Lieut.
Thornton 2s. 3d. a day more for his wife and children. The
petitions of Blanch Bowls, widow, for a confirmation of a grant of
land belonging to her late husband, in North Sound, and that of
William Waiters for a grant of waste land in New Division, were
granted. [Board of Trade. Leeward Islands, 64. pp. 299-302.]
148. William Popple to William Lownds, enquiring what the
Lords of the Treasury think fit to be done in regard to the claim
of the Proprietors of East New Jersey to a port at Perth Amboy.
[Board of Trade. Proprieties, 25. p. 349.]
88 COLONIAL PAPERS.
1699.
March 4. 149. William Burt to Council of Trade and Plantations. Since
Nevis. our last there are two men, which belonged to the sloops we then
mentioned that were taken by the Spaniards at Crabb Island, who
escaped in an English brigantine from Carthagine, and believing it
necessary [7] have taken their depositions, enclosed. In the same
brigantine several more Englishmen belonging to a ship called the
Merchant's Goodwill of London, Capt. Thomas Pyles, master, being
a permission ship and bound from Guinea to Carthagine [7'c/f]
was there seized by the Spaniards, which so soon as I understood
[I] sent for two of the men and examined them and enclose their
depositions. They credibly inform me that the Scotch got on very
vigorous in their new settlement, having made a very strong
fortification on the Spaniards' Golden Island in the Bay of Burin
(Darien) and that several thousand Indians has joined with them.
Signed, Wm. Burt, March 4, 169f. Endorsed, Eecd. May 11, Read
'May 15, 1699. 2 pp. Enclosed,
149. i. Deposition of Benjamin Hiron, seaman. On Sept. 10
the sloop Friendship, master Robert Jones, to which
deponent then belonged, being at anchor, together with
another sloop of the same name belonging to Captain
Philip Brome, also of this island, in the harbour of
Portofare on the south side of Crabb Island, about fifty
Spaniards well-armed came there in two Spanish
launches and surprised the said sloops and carried
them with deponent, three Englishmen and four negro
slaves, all belonging to the sloops, to Porto Rico and
there burned the sloops and made deponent and his
comrades captives, putting them on board a leaky ship
of 20 odd guns, which with two other ships, one of
fifty-five guns and the other of forty odd guns all well-
manned and bound from Porto Rico to Laver de Cruze,
and there they were kept in severe bondage, being
forced to pump both day and night for almost five
months. Deponent and another escaped by swimming
ashore at Carthagine, and hid four days and four
nights without food till the Spanish fleet proceeded
on its voyage, when they swam on board an English
brigantine and so got their freedom. The men and
launches which took the sloops both belonged to the
Spanish ships. Copy. 2 pp. Sworn before William
Burt, Feb. 28, 169f.
149. n. Deposition of Jonathan Meldrum, seaman of the sloop
Friendship, Henry Hodge, master. Similar to preceding.
Copy. 2 pp.
149. in. Deposition of John Chapman and John Neill, chief
mate and gunner of the Merchant's Goodwill of London.
Their ship was bound from Guinea to Carthagene and
arrived on Sept. 27. There they delivered their negroes
into the custody of a Portuguese merchant according to
orders, but were refused their clearance for England,
and on Dec. 25 the Spanish Admiral, who was there
with three men-of-war, a Dutch prize and several English
captives, came on board and ordered their rudder to be
AMERICA AND WEST INDIES. 89
1699.
unhung, in endeavouring to do which they wronged
their sternpost, also unhung their foresail and unrigged
their foreyard, carrying them on shore. The day
following the Governor of Carthagene came on board,
took away all their small arms, locked up their great
cabin, powder room and hatches, and ordered the
captain, two mates and doctor to go ashore, and kept
them there two days and two nights at their own
charge, and then the Governor delivered them the keys,
telling them they might go aboard again if they would.
Some few days after the Governor ordered their
powder, provision, with some iron bars and two suites of
sails to be brought ashore, which was accordingly done.
What was the real occasion of their hard usage, they
know not. Public report informed them at first that it
was because the Spanish King was sick and that the
French and Spaniards were to join together against the
English ; afterwards, that it was because the Scotch
was landed on their Golden Island in the Gulph of
Darin, by virtue of a commission from the King of
England, and that the deponents and their comrades
would be kept prisoners till they heard from Spain.
But by their captain's consent they privately escaped
thence in an English brigantine, who rode there under
Dutch colours bound for Jamaica, but put them ashore
on the Island of St. Christopher's. Copy. Sworn
before Wm. Burt. March 2, 169. 2pp. [Board of
Trade. Leeward Islands, 6. Nos. 6, Gi.-in. ; and
45. pp. 860-361.]
[arch 4. 150. Hudson's Bay Company to the Lords Commissioners.
Deduction of the right and title of the Crown of England to all the
straits, bays, seas, rivers, lakes, creeks, islands, shores, lands,
territories and places whatsoever within Hudson's Straits and
Hudson's Bay and of the right and propriety of the Hudson Bay
Company derived by letters patents of incorporation, and after
grant of all the premisses from King Charles II. 1670. Hudson
Bay, with all that belongs thereto within Hudson's Straits, was
first discovered by Sir Sebastian Cabott, Grand Pilot to King
Hen. VII., who gave English names to several places in the Bay,
1497. Sir Martin Forbisher, who in Queen Elizabeth's time
made three voyages to the Bay in 1576, 1577 and 1578, and
Capt. Davis, in 1585, 1587 and 1588, both gave English names to
several places there. In 1610 Henry Hudson, an Englishman,
sailed into the Straits and Bay from him called Hudson's Straits
and Hudson's Bay, and keeps that denomination to this day in all
the authentic maps in the world and even in the maps of the best
geographers of France. Hudson stayed a whole winter there, took
possession thereof in the name of the King of England, traded
with the savages and gave names to several other parts of
the Straits and Bay. In 1612, Sir Thomas Button pursued
the discovery and possession of Hudson. He sailed into the
Straits and Bay with two ships and particularly into Port Nelson,
where he wintered and buried the commander of his ship, in memory
90 COLONIAL PAPEKS.
1699.
of whom he gave it the name of Port Nelson, and called that
particular bay Button's Bay, as it is still called in the maps, and
took possession thereof in the name of King James I., and gave
several other English names to several other places in the Bay,
erecting a cross there, declaring thereon the right of the Crown of
England. In 1631, Capt. Luke Fox by command of King Charles I.
made a voyage to Hudson's Bay, and amongst other places entered
Port Nelson, and finding there the cross erected by Sir Thomas
Button with the inscription defaced and almost worn out, he
erected it again with a new inscription declaring the right and
possession of his then Majesty Charles, named the adjacent
country New North Wales and published a journal of his voyage.
Note. The troubles and civil wars which soon after broke out in
England might be one principal cause why those voyages were
not prosecuted, yet all that while those places lay neglected by the
commerce of any European nation, the French not in the least
pretending to have then visited them, nor will they say that ever
any French vessel sailed Hudson Bay till very lately. After the
Restoration of Charles II. trade beginning to revive, some noble
and public-spirited Englishmen not unmindful of the discovery
and right of the Crown of England to those parts in America (and
to Canada itself, which in due time will be insisted on) designed
at their own charge to adventure the establishing of a regular and
constant trade to Hudson Bay and settle Forts and Factories there
upon the coast, whereby to invite the Indian Nations, who lived
like savages many hundred leagues up in the country, down to
their factories for a constant and yearly intercourse of trade, which
was never attempted by such settlements to reside in an
inhospitable country before the aforesaid English Adventurers
undertook the same. After a long time of consultation and
necessary preparations, one Zachary Gilham, 1667, was
provided of a ship and goods in London, sailed through
Hudson's Straits to the bottom of the Bay, settled a trade and
built a fort there, which he called Charles' Fort, on a river he named
Rupert's River, in honour to Prince Rupert, who was pleased to be
concerned with and was one of those Adventurers, in which place
the Hudson Bay Company continued a trade and have there a
factory to this day. In 1669 another voyage was undertaken by
the same Adventurers, and one Captain Newland was sent, who
entered Port Nelson, settled there and anew declared the right and
title of His Majesty to that river and the countries adjacent and
then fixed up His Majesty's arms as a mark of his sovereignty.
After the charge of these voyages and the experience of these
settlements, that a great trade might be brought to England by
beaver, furs and other commodities, Charles II., 1670, granted by
his Royal Letters Patents to 'incorporate the Adventurers and to
his Highness Prince Rupert, the Duke of Albemarle, Earl of
Craven, Lord Arlington, Lord Ashley and others and their successors
for ever the sole trade to Hudson Bay, with all the lands and
territories, to be reckoned as one of His Majesty's Plantations and
Colonies in America, by the name of Rupert's Lands, and constituted
them the true and absolute Lords and Proprietors of the same to
have hold, possess and enjoy the same for ever as of His Majesty's
AMERICA AND WEST INDIES. 91
1699.
manor of East Greenwich in free and common soccage. In the
same year, 1670, the Company so incorporated sent out one
Charles Baley as Governor of their factories and settlements
in the Bay, with whom M. Fonteuac, then Governor of Canada, by
letter of Oct. 8, 167J3, entertained a good correspondence, not in the
least complaining in several years of any pretended injury done to
the French by the Company's settling a trade and building forts at
the bottom of the Bay. In 1672, Charles Bayly sent a ship, the
Kmploy, from the bottom of the Bay to Port Nelson to settle a trade
there with the natives, as in 1680 did also Capt. Draper the
Albcmaiie. But after above 15 years' labour and charge, continual
voyages, factories and settlements and the trade with the natives
established to some degree of hoping to reimburse their charge,
the French began now to be jealous of this new and growing trade
and thought it worth their while to study some pretence to invade
and rob the company or at least to share the benefit with them.
Wherefore in 1682, when the English Company was building a fort
and settling a trade at Port Nelson, the French having formed a
private piratical expedition at Quebec by confederacy of one La
Chanay and other private persons, came suddenly with two ships
into the river of Port Nelson and with a stronger force surprised
the Company's men, dispossessed them of their settlement, carried
them prisoners to Canada and pretended to settle a trade there
themselves. This was the first time the French sailed a vessel in
Hudson Bay since the beginning of the world. Let them prove
otherwise, if they can. And it was an unjustifiable, piratical
expedition, for which the authors were prosecuted by frequent
memorials from here at the Court of France. It was disowned by
His Most Christian Majesty and satisfaction promised. Now as the
French seldom want assurance for their pretentious or claim to any-
thing for their advantage, so they never fail of artifice or force when
they can to back them, and when by violence, rapine, and murther they
have got themselves into an unjust possession, then to expostulate all
by Treaty as if they were upon an even foot with the right possessor,
and get it revitted by concessions. Thus they seconded this
injurious invasion and assault, and a year or two after took
another ship of the Company's, one Edward Humes, commander,
with the goods and carried away the men prisoners and for above
a year fed them with bread and water. But in 1686 they formed a
greater design and went a considerable force over land from Canada
to the bottom of the Bay ; by force or treachery surprised and took
all the Company's factories there, their ammunition stores and
goods to a very great value, and murthered many of His Majesty's
subjects, all in a time of peace. Upon these repeated injuries the
Company complained several times in 1687 and several memorials
were presented at the French Court by the Public Ministers there,
Lord Preston, Sir William Trumbull and Mr. Skelton. At last His
Most Christian Majesty was willing to appoint Commissioners to
meet at London, and Mons. Bonrepos was sent over to be joined
with M. Barillon, the French Ambassador, in that affair. For the
issue of the conference we refer to the originals in the Paper
Office, but in that reign, so advantageous to the French interest,
they did not gain one inch from the rights of the Imperial Crown
92
COLONIAL PAPERS.
1699.
of England nor from the property of the Company. The Company
put in a fresh memorial and petition at the accession of his present
Majesty, who made the Company's sufferings one of his grounds
for a declaration of war against the French. Signed, Saml. Clark.
Dep. Gov. [America and West Indies. Hudson's Bay, 539. A T o. 8.
pp. 3-8; and No. 11. 6 large pp. ]
March 6. 151. Minutes of Council of Bermuda. Isaac Cholwell, master
St. George's, of the ketch James, hound for London with logwood and driven in
here, ordered to give security of 1,000 for his landing his cargo
in some of His Majesty's dominions. [Board of Trade. Bermuda,
39. p. 10.]
March 6. 152. Copy of a Bill now depending in the House of Commons,
that judgment and decrees hereafter to be obtained in H.M. Courts
of Law and Equity in England may be executed in the English
Plantations and Colonies in America. Endorsed, Reed. Read
March 6, 169|. 21 pp. [Board of Trade. Plantations General, 5.
No. 7 ; and 35. p. 32.]
March 6. 153. John Hallam and Nicholas to the Council of Trade and
Plantations. In answer to your enquiry whether the will mentioned
in their petition was ever controverted or judgment given as to the
insanity of John Liveen, the will was proved in common form only,
but that Liveen was non compos mentis and imposed on in his last
sickness will appear by affidavits of two of the witnesses themselves
and by those of Edward Palms and Elizabeth Way. Petitioners
have often applied to the Courts in Connecticut that they might
controvert the will and have leave to prove the insanity of the
testator, but were always denied and refused. Signed, John Hallam,
Nicolas Hallam. Endorsed, Reed. Read March 6, 169|. 3 pp.
[Board of Trade. Proprieties, 2. No. 53.]
March 6. 154. Journal of Council of Trade and Plantations. Repre-
sentations upon the memorial of John and Nicholas Hallam, and
upon a petition of Edward Palms and John Hallam relating to the
ship Liveen, which they set forth to have been forcibly taken from
them, ordered.
Copy of a Bill now under consideration in the House of Commons,
" That Judgements and Decrees hereafter to be obtained in His
Majesty's Court of Law and Equity in England may be executed in
the English Plantations and Colonies in America," read.
Draft of instructions to Lord Bellomont about Rhode Island
considered.
March 7. Report on Col. Fletcher's case considered.
The Old Book of Hudson's Bay Entries ordered to be lent to
Mr. Vernon if desired, and a receipt to be taken.
Memorandum. The French names of our Five Nations of Indians
dependent on the Government of New York are Agnies (Maquas) ;
Isonontouans (Senecas) ; Ononantagues (Onandagas) ; Oneides
(Oneidas) ; Goyougauans (Cayougas).
Mr. Lucas consented to refer the differences between him and
Col. Codrington to the Lord Lucas. [Board of Trade. Journal,
11. pp. 406-408 ; and 96. A T o*. 40, 41.]
AMERICA AND WEST INDIES.
1699.
March 8.
March 9.
March 9.
Kensington.
March 9.
March 9.
March 9.
Whitehall.
155. Minutes of Council of Montserrat. The further quartering
of Col. Collingwood's regiment, plus 23 men incorporated out of
Col. Holt's late regiment, recommended to the Assembly. Major
John Scott appointed Treasurer, receiving 3 per cent, as salary.
Capt. John Brarnely appointed to be Captain and Commander of
all the Forts in the island, which are much out of order. His
salary referred to the Assembly. An Act for determining the
sitting and regulating the election of Assemblies and an Act
investing Capt. Frye in 102,627 pounds of sugar, arrears due to
the Public Stock, and enabling him to collect them, were read and
assented to. [Board of Trade. Leeward Islands, 64. p. 541.]
156. Minutes of Council of Montserrat. Anthony Ravell
admitted Surveyor. An Act for raising a levy of 130 pounds of
sugar per head, and the assessments of the several merchants,
doctors and factors was read and assented to. [Board of Trade.
Leeward Islands, 64. p. 542.]
157. Order of King in Council. For the purposes mentioned
in the representation of the Council of Trade, Jan. 10, His Majesty
in Council is pleased to order that one ship of war of the 6th rate
be appointed for Virginia, and one of the 6th rate for Maryland, one
of the 6th rate for New York, and one of the 5th rate for New
England, to be changed and relieved yearly, and that especial care
be taken that they be good sailers and that such orders and
instructions be constantly given to the commanders of ships of war
attending His Majesty's Plantations as by the said representation
is proposed. [Board of Trade. Plantations General, 5. No. 8;
and 35. pp. 32, 33.]
158. John Lucas to the Council of Trade and Plantations.
In compliance with your proposal of having all matters now before
you on my petition accommodated, and that Col. Codrington's son
and I should refer them all to the Right Hon. the Lord Lucas, and
that I should lay before you what I propose in order of such an
accommodation, I propose (1) That your Lordships would be
pleased' to interpose with His Majesty to remit the fine of .100;
(2) Col. Codrington and John Lucas to give one another a general
release and undertake to observe an honourable, just, due and
agreeable behaviour towards each other in the future. Endorsed,
Reed. Read March 9, 169f. [Board of Trade. Leeward Islands, 6.
No. 7 ; and 45. p. 328.]
159. Edward Palms and John Hallams to Council of Trade and
Plantations. Memorial in support of their petition. Endorsed,
Reed. Read March 9. Copy. 4 pp. [Board of Trade. Proprieties,
2. No. 55.]
160. Council of Trade to the King. Representation upon the
petitions of John and Nicholas Hallam and Edward Palmes and
John Hallam (Feb. 23). With regard to these complaints of the
obstruction of justice in the Colony of Connecticut, we humbly
conceive Your Majesty may fitly require the Government and Com-
pany of the Colony to take care that no such obstruction be allowed,
but that all cases upon differences between man and man about
94
COLONIAL PAPERS.
1699.
March 9.
Kensington.
March 9.
March 9.
Kensington.
March 9.
Kensington.
March 9.
private rights be fairly heard and judged in the proper methods of
the Courts established in that colony, and that if any persons
think themselves aggrieved by sentences there given, they may be
allowed to appeal unto Your Majesty in Council, and that the
copies of records and other proceedings in all such cases be
transmitted hither in order to a final hearing, it being the inherent
right of Your Majesty to receive and determine appeals from all
Your Majesty's subjects in America. Signed, Tankerville, Ph.
Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. \_Board of
Trade. Proprieties, 25. pp. 355, 356.]
161. Order of King in Council, approving the representation
of the Council of Trade of same date relating to John and Nicholas
Hallam, and instructing the Council to signify His Majesty's
pleasure to the Governor and Council of Connecticut accordingly.
Signed, John Povey. Endorsed, Eecd. Read April 19, 1699.
Copy. 4 pp. [Board of Trade. Proprieties, 3. No. 8 ; and 25.
pp. 403, 404.]
162. Draft of Instructions to Governor the Earl of Bellomont
to enquire into the misdemeanours of Rhode Island, with a list of
persons to be consulted and of questions to be put to Walter
Clarke, the late Governor, John Green, Deputy Governor, John
Easton, late Governor, Samuel Cranston, Governor, and Peleg
Sanford.
162. i. Representation of Council of Trade laying the above
before the King. Signed, Tankerville, Ph. Meadows,
Wm. Blathwayt, Jon. Pollexfen, Abr. Hill. [Board
of Trade. Proprieties, 25. pp. 357-372.]
163. Order of King in Council, approving the draft of
instructions to Lord Bellomont about Rhode Island. Signed, John
Povey. Endorsed, Reed. Read March 27, 1699. [Board of
Trade. Proprieties, 2. No. 56 ; and 25. p. 378.]
164. Order of King in Council. Referring petition of the
Proprietors of East New Jersey, concerning the port of Perth
Amboy, to the Council of Trade and ordering the Attorney and
Solicitor General to attend the Council at the examination of it.
Signed, John Povey. Endorsed, Reed. Read March 13, 168|.
Enclosed,
164. i. Petition of the above. Lord Bellomont last November
commanded thirty or forty armed men to seize the
Hester in the harbour of Perth Amboy and to carry her
up to New York, where His Excellency caused an
information to be filed in order to her condemnation for
not entering and clearing at that port. He justifies his
action by H.M. Order in Council, Nov. 25, 1697, in
confirmation of a report of the Council of Trade which
was grounded upon several misinformations of matters
of fact. Of these the Proprietors had no notice till they
were published in America. Petitioners are advised by
eminent counsel that they have an undoubted right of
entering and clearing ships immediately at East Jersey,
and if they are deprived of a common benefit of a port,
AMERICA AND WEST INDIES.
95
1699.
enjoyed by all other English Colonies, that fertile country
will be deserted by the inhabitants and return to a
wilderness, and petitioners' estates there, which have
cost them great sums of money to purchase and improve,
will be totally lost. To obviate all objections that can
reasonably be entertained by the inhabitants of New
York against a port in New Jersey, petitioners will oblige
themselves to procure an Act of Assembly of that
province for imposing the same duties upon goods to be
imported into and exported from East Jersey as are or
from time to time shall be payable for the goods of New
York, and to be applied to the like uses as the Customs
of that port. Petitioners pray for the free use of the
port of Perth Amboy upon this condition, or that, for
their vindication against the clamours of the inhabitants
of East Jersey, the Attorney General may be directed to
consent to a trial at bar in Westminster Hall upon a
feigned issue, whereby petitioners' claim may receive
judicial determination. Signed, Wm. Dockwra, John
Burnett (for Robt. Burnett), Wm. Bingly (for myself
and Anthony Sharpe), Tho. Cooper, Tho. Barker, Joseph
Ormston, Gilbert Molleson (and for Robert Barclay),
Tho. Lane, Peter Sonmans, Walter Benthall (for himself
and Tho. Harte), J. Lofting, E. Richier. True copy.
Signed, John Povey. %pp. [Board of Trade. Proprieties,
2. Nos. 57, 57 1. ; and 25. pp. 373-376.]
March 9. 165. Summary of the French pretensions upon Port Bourbon,
called by the English Nelson. They made the first settlement
there and were dispossessed by the English in time of peace. In
1682 Dezgrozilliers and Radisson, French subjects, fitted out two
small vessels and sailing into the mouth of the rivers Bourbon and
Ste. Thereze, about 150 leagues from the English settlement at the
bottom of the Bay, they built a fort and left a garrison under the
command of the Sieur Chevart (son of Desgrozilliers). In 1684
Radisson went to London, was engaged in the Company's interest,
returned with five ships, surprised and plundered the French Fort,
carrying off 60,000 beavers to London. [America and West Indies.
Hudson's Bay, 539. No. 8. pp. 9 and 12.]
March 9. 166. Order of King in Council. In accordance with the
Kensington, representation of the Council of Trade on the memorial of the
Agents of Jamaica, the Lords Commissioners of the Admiralty
are to see that instructions are given from time to time to the
commanders of His Majesty's ships in those parts to observe
the laws of the Plantations with regard to carrying off any
indebted inhabitant without his having his ticket. Signed, John
Povey. Endorsed, Reed. March, Read April 3, 1699. [Board
of Trade. Jamaica, 8. No. Ill ; and 56. p. 312 ; and Planta-
tions General, 5. No. 9 ; and 35. pp. 37, 38.]
March 9. 167. Council of Trade and Plantations to the King. The
Whitehall. Lords Justices iii Council having ordered us, upon our representa-
tion of Oct. 19 last, to hear Col. Fletcher upon the complaints
96 COLONIAL PAPERS.
1699.
which had been made against him, we digested into distinct heads
the substance of what more particularly related to him in that
representation (see Cal. 1698, 904, 1007), with some further
particulars that had afterwards occurred to us. We delivered the
same to him and he answered them in writing (Cal. 1698, 1077)
and desired to be heard by his Counsel. We accordingly heard
Mr. Attorney General against him and Counsel in his defence.
Case of tlie ship Jacob. Charges 1, 2, 3. The evidence consists
chiefly of the depositions of Samuel Burgess and Edward Taylor
(Cal. 1698, 473, n., 473, m.), one of which is direct and positive, as
well with relation to the treaty with Col. Fletcher beforehand as
to the presenting the ship to him afterwards. Col. Fletcher denies
the treaty beforehand. The Minutes of the Council of New York,
April 7, 1693, prove the fact that the pirate crew were allowed the
benefit of an Act to which they were not entitled, but Col. Fletcher
denies, and Colonel Bayard and Mr. Chidley Brook, then of the
Council but since removed and now in England, deny also, that he
influenced the Council in their deliberations upon that matter.
The third charge Col. Fletcher acknowledges. Our opinion is
that his proceedings, although with the consent of the Council,
were contrary to his duty and an encouragement to piracy.
Protections to pirates. Charges 4, 5, 6. Col. Fletcher admits that
protections were granted and that gratuities might be paid to his
servant, but not to known pirates and without his receiving any
benefit. But the depositions of Samuel Staats and Thomas Lewis and
the admission of Col. Bayard that Col. Fletcher told him that upon
application for protections the persons concerned might make what
presents they liked, confirm the charge. There does not appear to
us any ground to believe that any security at all was ever taken
when granting protections, and Col. Fletcher admits no prosecutions
were ever made of any such persons under what suspicion soever
they lay. The sixth article is grounded on the deposition of John
Wick. We are humbly of opinion that, in granting such protections
in the manner aforesaid, Col. Fletcher gave great encouragement
to pirates, and neglected his duty in not causing such persons to be
prosecuted.
The protection of Edward Coats. Charge 7. We have no other
evidence than the words of Coats, and it is not clear to us by the
depositions whether he spoke them with relation to his piracies in
the Jacob or some other afterwards.
Grant of Commissions to Tew, Glover and Hoare. Charge 8.
Col. Fletcher pleads that this was done with full approbation of the
Council, and denies that he knew of their intentions to sail for the
Indies and the Red Sea, and on the contrary affirms that Tew made
open vows never to go thither again. The Earl of Bellomont writes
us that their intention of sailing thither is owned by the common
speech of all men in the Province to have been a thing then publicly
known.
Col. Fletcher's intimacy with the pirate Tew. Charge 9. Col.
Fletcher offers in extenuation that this intimacy proceeded only
from the pleasantness of his conversation and the information he
thereby received about things observed by Tew in his voyages,
together with his desire to reclaim Tew from an ill habit that he
AMERICA AND WEST INDIES. 97
1699.
had got of swearing. In order to which he gave him a book, and,
to gain the more upon him, also a gun of some value, in return
whereof he received a present from him, which was a curiosity and
in value not much.
Commimtiou <>f Thtmui Moston. Charge 10. Col. Fletcher
acknowledges he granted the commission upon the desire of several
merchants who had hired the ship to fetch negroes from Madagas-
car, hut denies he knew she was an unfree bottom. The Earl of
Bellomont states that she was known to all men to have been
a former Dutch privateer, and that the cargo she took in publicly
at New York was goods proper for pirates. In her charter party of
affreightment she was hired to lade other goods as well as negroes.
Her seizure and confiscation for illegal trade on her return also
support the charge.
Taking insolvent securities. Charge 11. The evidence with
relation to the bonds given to Tew and Hoar consists in the
affidavits of Thomas Wenham, Joseph Smith, William Sharpass and
Lancaster Symms (Cal. 1698, 473, xiii.-xvi.). Col. Fletcher throws
the blame of the insufficiency of the securities and the tampering
with the bonds on his servant Honan, whom he says he has
retained in his service that he may be forthcoming. Our opinion
on Charges 8, 9, 10, 11, is that, though it do not appear to us that
Col. Fletcher knew that the persons to whom he granted the fore-
mentioned commissions intended to go upon piracy, yet greater
caution ought to have been used by him and sufficient security
taken by the proper officers.
Connivance at illegal trade. Charge 12. The proofs consist of
accounts and computations of the possibility of revenue. Since we
drew up the articles and delivered them to Col. Fletcher, Lord
Bellomont has sent further papers and promised others, so that we
cannot lay before Your Majesty a perfect state of that matter.
Exorbitant Grants. Articles 13 and 14. Col. Fletcher replies
that he did not make any grants of land without the advice and
consent of the Council ; the Surveyor was negligent and the
Attorney-General ought to be accountable for any faults in the
grants ; the purchase of the Mohacques' (Maquas') land was fairly
made. In reply, we are informed the Attorney-General was not
consulted and was discharged by Col. Fletcher from attending the
Council. The omission to make surveys might proceed from
the extent and nature of the grants, of which we have had an
instance from Captain Evans, late commander of Your Majesty's
ship Richmond, who being produced by Col. Fletcher to give us
information concerning a grant made unto him (which we find to
be reckoned about 40 miles by 20, though some others are much
greater) assured us the survey was begun but could not have been
perfected in six months. Whereupon we humbly offer to Your
Majesty that though it was left to Col. Fletcher by his instructions
to make as large purchases of land as he could from the Indians for
a small value, yet his large grants to single persons without due
caution for improvement was not for Your Majesty's service nor
did it tend to the settlement of those parts, for which reason their
Excellencies the Lords Justices were pleased, upon our fore-
mentioned representation about the state of the Province of New
12208 Q
18 COLONIAL PAPERS.
1699.
York, to give directions to the Earl of Bellomont that he should
put in practice " all methods whatsoever allowed by law for
the breaking and annulling those exorbitant, irregular and
unconditional grants."
Miserable condition of the Forces. Charge 15. Col. Fletcher
admits having received the perquisite of 10s. per annum from the
Victuallers for the Forces, for each private soldier, but only for
those raised in the country and not for those sent over by your
Majesty. As to the false muster-rolls deposed by Lieut. Bulkeley,
Col. Fletcher represents that he was at Albany when the master
was made at New York, and that it was certified by one of the
Council there. And concerning Bulkeley, Col. Bayard has affirmed
that he hath been guilty of thieving, is infamous and ought not to
be credited. We think the muster-roll ought to be re-examined
by the Commissary-General of the Musters here, in order to be
certified over by him to the Paymaster-General of the Forces, that
payment may be made accordingly.
Neglect of the fortifications. Charge 16. Col. Fletcher represents
that the fortifications on the frontiers being of wood are subject to
moulder and decay. Concerning the neglect of demolishing the
Fort of Cadaraquy, we are satisfied, by what Col. Fletcher has
represented to us, that, owing to the distance of the place, about
400 miles from that colony, and the difficulties of the way thither,
through woods, morasses, and other inconveniences in that unculti-
vated country, it was scarce possible to have marched thither with
the force and instruments necessary.
Illegal letter of denization. Charge 17. This article was not
formed upon any information from the Earl of Bellomont, but
occasioned by an order from the Lords Justices in Council in October
upon which we made a separate report. We therefore only offer
Col. Fletcher's defence, that he only granted letters of denization
in the accustomed form and that the Attorney General who drew
them must be answerable for any defect in them.
Neglect of notifying the Peace to the Governor of Canada. Charge 18.
Col. Fletcher reports that he had no authentic notice of the Peace
himself, but that, having occasionally received some advice thereof
from New England, he did send notice of what he heard to the
Commander of Mont Real, the garrison next bordering to New York,
for the prevention of any further hostilities.
This being the state of the whole matter we are most humbly of
opinion that Your Majesty would be pleased thereupon to refer the
same to the Attorney General, to consider and report what further
proceedings may be had upon any of the foresaid articles wherewith
Col. Fletcher has been charged. Signed, J. Bridgewater, Tankerville,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board
of Trade. New York, 53. pp. 262-282; and (rough draft) 44A.
No. 29.]
March 9. 168. Journal of Council of Trade and Plantations. Memorial
of Edward Palmes and John Hallam about the ship Liveen read and
representation thereon signed.
Representation accompanying draft of instructions to Lord
Bellomont about Rhode Island signed.
AMERICA AND WEST INDIES. 99
1699.
Representation upon Col. Fletcher's case signed.
Mr. Lucas presented proposals for accommodating the differ-
ences between him and Col. Codrington. Ordered to attend on
Tuesday morning.
March 10. Papers annexed to the memorials of John and Nicholas Hallam
and Edward Palmes and John Hallam ordered to be returned.
Memorial of Henry Adderley etc. read. Notice ordered to be
given them that witnesses they desire to have examined may make
affidavits before a Master in Chancery according to the usual
method of this Board. [Board of Trade. Journal, 11. pp. 408-
410 ; and 96. Nos. 42 and 43.]
March 10. 169. Memorial from several merchants trading to New York
to the Council of Trade and Plantations. In pursuance of our
previous memorial and your Lordships' order, Feb. 21, we have
endeavoured to obtain signed accounts of their complaints from
merchants lately come from New York, but they fear they may
injure themselves by appearing officious in such matters. We lay
before you what particulars we can of the causes for the said dis-
contents, and hope for your assistance to compel witnesses to come
in to testify. (1) Lord Bellomont treats a parcel of the meaner sort
of people who were the accomplices of Jacob Leisler as though they
had done nothing but what was meritorious. Now upon the news
of His present Majesty's first landing in England, the then Lieut.
Governor, Francis Nicholson, and Council, being Protestants,
suspended the Papists then in office, and there being but three of
the Council resident at New York, who were men that most usually
acted and had been of the Council many years, and are all of
Dutch birth and of the Dutch Church, they called together the
Justices of Peace and Magistrates of the Province, who met and
were styled the Convention for that Province, and the matters of
government [were] managed by the major vote of that Convention.
The Council and Convention took great pains to defend the Province
against the French, and to keep the Indians of the Five Nations
from being seduced by the French at Canada from the English
interest. They wrote to the Secretary of State in England for
orders, and it was most apparent that they would upon the first
opportunity most willingly submit to His Majesty. But one Jacob
Leisler, a kind of a French Walloon by birth, a person of a mean
rank and estate, having formerly been but a private sentinel in
New York, had a mind to set himself up for a Governor, refused to
pay the Customs on some wine he had lately imported ; told the
common people they were under no government, gave them a great
quantity of wine, promised eighteen pence a day to everyone that
would list themselves soldiers under him, and so got them to own
him for a Governor. He seized on the fort at New York and the
public moneys, and kept himself in this usurped power for about
20 months. He closely and cruelly imprisoned many of the principal
inhabitants for no other reason than because they had goods and
money for himself and his rabble to plunder. He did indeed first
get the proclamation of Their Majesties King William and Queen
Mary and proclaimed them, to prevent others who were ready and
desirous to do it, and to put some colour upon what he had done, or
100 COLONIAL PAPERS.
1699.
make some atonement for the insolences and barbarity committed
by him and his accomplices. But on General Slaughter's arrival
with Their Majesties' commission he rebelliously kept the fort against
him for some time. Afterwards, when he was indicted for the
treasons, murthers and robberies by him and his rabble committed,
he denied the jurisdiction of the Court that sat by virtue of
a commission from Their Majesties, refused to plead and was
sentenced to death. We have affidavits and proofs ready to show
that it was out of no loyalty to his present Majesty or the
Protestant cause, but solely out of a desire for plunder that he and
his loose rabble acted their tragedy. We humbly submit to your
Lordships whether it be fit such men should be encouraged by being
set in office. Some time after the Lord Bellomont acceded to office
the bones of Leisler, which were about eight years before buried in a
vault he had built himself, were taken up and laid publicly in
state for about three weeks, and afterwards re-buried in the Dutch
Church, against the consent of those who had the custody and care
of it, with great pomp and solemnity, being attended with about a
hundred men in arms and about nine hundred more of his rabble.
Most of the principal inhabitants who had before suffered so
severely withdrew in terror and secured their effects as well as
they could during the time this mob was so up. (2) The Governor
has displaced most of the Council, Sheriffs and Justices of the Peace
and put in their places mean, ignorant people, mostly of Leisler's
party. (3) He endeavoured also to get an Assembly composed of
the rabble that joined Leisler in his said enormous practices, but
(4) on his first accession the General Assembly called consisted
chiefly of men opposed to that party, who, however, wished to bury
all in oblivion and brought in a Bill that no murder, homicide,
imprisonment, robbery, &c., committed during Leisler's usurpation
should be brought into question. The Governor, however, would
not admit the members who carried up the Bill and suddenly
dissolved the Assembly. (5) The Earl has arbitrarily and illegally
imprisoned several persons and threatened to treat others likewise
unless they would take a general oath to answer all questions
he should propose to them. (6) The Earl has stopped several
ships after they were cleared, to the great loss of their owners,
without reason assigned. Particularly, the Neiv York Merchant,
Commander Tho. Jeffers, for about three weeks. (7) He has granted
commissions for life and death without the advice and consent of
the Council. (8) By his private warrant he put one Miles Forster
out of his house and land and gave possession of them to Leisler's
son ; an arbitrary and illegal act. (9) He has ordered the entering
and altering of Minutes of Council without their advice and consent
(10) and contrary to their expressed desire appointed Mr. Weaver
agent, who is a stranger to the affairs of the Province, having only
been here with his Lordship and then been busy on behalf of the
Leisler faction. (11) He is said to abet a party in the Dutch
Church that oppose the admittance of a minister chosen by the
elders and deacons, and (12) has given great discouragement to
the English Church by publicly calling their minister a sycophant,
hypocrite and dissembler to God Almighty, and forbidding the
tenant of the King's Farm to pay him rent. (13) He used
AMERICA AND WEST INDIES.
101
1699.
March 13.
Fort William
Henry.
reproachful language to Mr. Dellius, the Minister of the Dutch
Church at Albany, saying he deserved to be pilloried because he
would not surrender his patent of the Maquas' land, which he only
took in trust for the Maquas. Through the discountenance of the
Governor, Mr. Dellius is about to leave the place, which will be a
very great prejudice to the English interest among those Indians.
As to the imputation of piracy made by the Governor against the
inhabitants, they abhor anything of that kind as much as anybody.
Some witnesses of these matters, viz., Philip French, Jacob Mayze,
and Benjamin Aske are about to take ship. We pray your Lord-
ships' speedy order to stop them and to summons others, Col.
Nicholas Bayard, Captain John Evans, Chidley Brooks, William
Jeneway, Thomas Jeffers, Samuel Bradford and others we shall
name to your Secretary to appear before you and give testimony.
Signed, J. Lofting, Wm. Sheppard, Nath. Rous, Hen. Adderley,
B. Hackshaw, Gerard van Heythuysen, John Blackall, Wm. H.
Cornelisen. Endorsed, Reed. Read March 10, 169f. 17 pp.
[Board of Trade. New York, HA. \o. 15 ; and 53. p. 283.]
170. Minutes of Council of New York. Petition of Joseph
Langdon (Jan. 5), on report of the Justices that the woman
interceded for is an object of mercy, granted. Accounts reported
and warrants ordered for payment : '210 7s. 8f/. for coals, fire-
wood and candles for the Fort William Henry, Sept. 2-Jan 3 ;
320 19s. Q$d. for timber, carpenter's work, etc. for the buildings in
the Fort of New York ; 29 16s. to Col. Stephen Cortlandt for
gifts to the Indians and other incidents of the Government ; 100
to Captain John Nanfan, Lieut.-Governor of New York, on account
of his salary, and otlicr it emu.
Attorney- General ordered to appear and inform the Council
what is proper to be done about prosecuting Mr. Adam Baldridge,
whom the Council of Trade and Plantations have ordered the
Governor to prosecute as a harbouver of pirates at St. Mary's Island
near Madagascar. [Board of Trade. New York, 72. pp. 194-196.]
March 13. 171. Proprietors of West New Jersey to Council of Trade and
Plantations. We have again elected Col. Andrew Hamilton
Governor of West Jersey, and request that in the report you
make upon the petition of the Proprietors of East Jersey that
he may again be Governor of that Colony you will certify His
Majesty of our humble desire of his approbation. Signed, Tho.
Lane, Paul Dominique, E. Richier, John Moore, Michael Watts,
John Bridges, Robt. Michel, Wm. Hamond. Endorsed, Reed.
Read March 13, 169. [Board of Trade. Proprieties, 2. Xo. 58 ;
and 25. pp. 377-378.]
172. Journal of Council of Trade and Plantations. Letter
from Mr. E. Jennings, Virginia, Aug. 6, and Sep. 6, and from Sir
Edmund Audros read. They related to copies of laws and public
proceedings not received with them.
Journal of Council of Barbados, July 28 Nov. 1, and Acts of the
General Assembly, Aug. 9 Sept. 27, laid before the Board and the
Acts referred to Mr. Attorney or Solicitor General for opinion.
Order of Council, March 9, upon petition of Proprietors of East
New Jersey concerning Perth Amboy read.
March 14.
March 13.
102
COLONIAL PAPERS.
1699.
Memorial from Proprietors of West New Jersey, desiring His
Majesty's approbation of Col. Andrew Hamilton, the Governor
chosen by them, read.
Letter from Lord Bellomont, New York, Dec. 14, read with
several papers enclosed and a letter from Mr. Weaver.
Enquiry ordered of the Attorney and Solicitor General for their
answer to what has already been writ them concerning the New
England address about appeals, and of Mr. Brenton for the occasion
why that business has not sooner been dispatched. [Board of
Trade. Journal, 11. pp. 411-414 ; and 96. No. 44.]
March 14. 173. Minutes of Council of Montserrat. Act for billeting
Col. Collingwood's regiment read and assented to. The proposal of
the Assembly that James Cruickshank be allowed 20,000 pounds of
sugar per annum, provided he preach every Sunday, catechise and
read prayers in the afternoon, agreed to " until this island is
provided with another minister, and no longer," Lieut. Smith
allowed eighteenpence per diem or twelve pounds of sugar for three
months. [Board of Trade. Leeward Islands, 64. p. 542.]
March 14. 174. Council of Trade and Plantations to Sir Thomas Trever,
knt., His Majesty's Attorney General and Sir John Hawles, knt.,
His Majesty's Solicitor General, enclosing some Acts of the General
Assembly of Barbados, passed there Aug. 9 Sept. 27, and desiring
their opinions thereon. [Board of Trade. Barbados, 44. pp. 243-
244.]
March 14. 175. Minutes of Council of Barbados. Members of the new
Assembly were returned and sworn. They chose a Speaker, who
made a very dutiful speech, which His Excellency returned. [Board
of Trade. Barbados, 65. pp. 389-390.]
March 15. 176. Petition of John Miller to the Council of Trade and
Plantations. Chaplain to the forces in New York, 1692-1695,
petitioner, returning to England with Col. Fletcher's leave on his
father's death to take care of his affairs, was taken by the French
and kept prisoner four months, and was not settled in any employ-
ment till October, '96. He prays that he may be allowed full pay
till the day he arrived in England, and half pay from then till
he was settled in employment ; the amount to be paid by Col.
Fletcher out of the sums he has at his disposal for that purpose.
Signed, John Miller. Endorsed, Becd. Bead March 15, 1698-9.
I p. [Board 'of Trade. New York, 8 A. No. 16 ; and 53. p. 291.]
March 15. 177. Copy of a Proviso to be inserted in Mr. Welbye's patent for
the office of Secretary of Barbados obliging him to residence there
sent to the Board of Trade and Plantations by Mr. Ellis for their
opinion ; " Provided that the said William Welbye do transport him-
self to our said island or islands within the space of six months from
the date of these our letters, and do reside there and do not return
from thence into this our kingdom without our licence first had and
obtained." The Board replies by
(1) Extracts from the Letters Patent to Sir Thomas Lawrence,
Secretary of Maryland, dated 1690 and 1698, in the same sense.
AMERICA AND WEST INDIES. 108
1699.
(2) Extract of a representation of the Commissioners for Trade
and Plantations and
(3) Extract of an Order of Council, 16 Feb. 169f, based upon the
foregoing representation (r/.r.). Endorsed, Reed. Read March 15,
169. 2 pp. [Board of Trade. Barbados, 7. No. 80.]
March 15. 178. Hudson's Bay Company to the Lords Commissioners.
With reference to the French claims to Hudson's Bay and in
answer to our memorial and ample deduction of March 4, we have
received a frivolous paper whereby the French are said to insist
upon one single point, viz. : To be maintained in a place they call
Port Bourbon in the river of Ste. Thereze, places and names
unknown to us and we believe to the best geographers in the world,
by which it appears they mean Port Nelson. If this is all the
French have to offer we will presently expose the weakness and
falsity of their case. Meantime we must point out that the copy of
their claim came to us abridged and unsigned. We request
that the French be obliged to exhibit their whole claim and make
what answer they can to us ; that papers on either side be equally
authenticated and signed ; that all papers on either side be laid
before your Lordships and ourselves verbatim and unabridged.
[America and West Indies. Hudson's Bay. No. 539. pp. 9-11.]
March 15. 179. Journal of Council of Trade and Plantations. Mr. John
Miller's petition read, and copy sent to Col. Fletcher for his speedy
answer.
Mr. Ellis sent the draft of a proviso to be inserted in Mr. Welby's
patent for the office of Secretary for Barbados relating to his
residence there, with intimation that Mr. Secretary desired the
opinion of the Board thereon. Extracts of Mr. Laurence's and
Sir Thomas Laurence's patents, and of the Representation of
Feb. 9 and Order of Council relating to the residence of patentees
sent him.
Mr. Ellis sent a copy of the instructions (Jan. 26) given to
Captain Fowlis, Commander of the Deal Castle, for cruising between
the Ness and Beachy to prevent the exportation of wool, with
enquiry from Mr. Secretary whether one of these instructions be
not too strict with relation to foreigners in alliance with us. He
was informed that their Lordships find it a very nice and difficult
point, and do not see how we can safely search and stop any foreign
ship out of port for having wool or any other commodity aboard.
Letter from Col. Fletcher promising a speedy answer to Mr.
Miller, read.
Mr. Lucas was informed of their Lordships' views and desired
time to consider them.
Lord Bridgewater was desired to communicate to the Lord
Chancellor a copy of Lord Bellomont's letter of Dec. 15, relating
to judges and lawyers in New York. [Board of Trade. Journal. 11.
pp. 414-417 ; and 96. A T *. 45 and 45A ; and Trade Papers, 14.
pp. 234-237-]
March 16. 180. Order of King in Council. The representation of the
Kensington. Council of Trade and Plantations re Col. Fletcher referred to Mr.
104 COLONIAL PAPEKS.
1699.
Attorney General and Mr. Solicitor General. Signed, John Povey.
Endorsed, Reed. Read April 13, 1699. [Board of Trade. New
York, SA. No. 17 ; and 53. p. 292.]
March 16. 181. Order of King in Council. According to the above
Kensington, representation, Col. Fletcher is charged to have sent home full
muster-rolls of his own company, signed in Jan., 1696, when the
men were not really half the number. An extract of this part of
the representation to be sent to the Right Hon. the Lord Walden,
Commissary-General of the Musters, or his Chief Deputy, Mr.
Crawford, to re-examine the said Muster Roll. Signed, John Povey.
Endorsed, Reed. April 26, Read April 27, 1699. [Board of Trade.
New York, 8 A. No. 18; and 53. p. 293.]
March 16. 182. Minutes of Council of New York. Request of Corn-
Kensington, missioners of Customs for a boat considered. Furniture necessary
for officers' lodgings in the garrison to be estimated. Two beds for
the soldiers of the Lieut-General's Company ordered. All lotteries
that have not a licence prohibited. Richard Floyd, jun., having
without authority cut up a drift whale that had come ashore at Col.
William Smith's manor of Saint George's in the county of Suffolk,
Island Nassau, ordered to appear before the Board. Richard
Whodle, J.P., and Thomas Holmes, J.P., ordered to seize all
blubber, bone, and oil belonging to the whale and deliver it to
Henry Smith, son of Col. William Smith. [Board of Trade. New
York, 72. pp. 196-198.]
March 16. 183. Edward Randolph to Council of Trade and Plantations.
Carolina. After a dangerous voyage I landed at Charlestown, South Carolina,
and administered the oath to Mr. Joseph Blake, one of the
Proprietors and Governor of this Province. But he is not allowed
by H.M. Order in Council to be Governor ; the Act of Parliament
for preventing frauds being not taken notice of by the Proprietors.
There are but few settled inhabitants in this Province, the Lords
have taken up vast tracts of land for their own use, as in Colleton
County and other places where it is most commodious for settlement,
which prevents peopling the place and makes them less capable to
preserve themselves. As to their civil government 'tis different
from what I have met with in the other Proprieties. Their militia
is not above 1,500 soldiers, white men, but have through the
Province generally four negroes to one white man and not above
1,100 families, English and French. Their chief town is Charles-
town and the seat of Government, where the Governor, Council and
Triennial Parliament sit and their Courts are holden, being above
a league distant from the entrance of their harbour mouth, which
is barred, and not above 17 foot water at the highest tides and very
difficult to come in. The harbour is called by the Spaniards
St. George's. It lies 75 leagues North of St. Augustine belonging
to the Spaniards. It is generally laid down in our English maps to be
2 deg. 45 mins. within the Southern bounds of this province. In 1686,
100 Spaniards with negroes and Indians landed at Edistoe, 50 miles
S. of Charlestown and broke open the house of Mr. Joseph Mourton,
Governor of the Province, and carried away Mr. Bowell, his brother-
in-law, prisoner, who was found murthered two or three days after;
AMERICA AND WEST INDIES. 105
1699.
they carried away all his money and plate and 13 slaves to the value of
1,500 and their plunder to St. Augustine. Two of the slaves made
their escape from thence and returned to their master. Some time
after Governor Mourton sent to demand his slaves, but the Governor
of St. Augustine answered it was done without his orders, but to
this day keeps them and says he cannot deliver them up without an
order from the lung of Spain. About the same time they robbed
Mr. Grimball's house, the Secretary of the Province, whilst he
attended the Council at Charles Town, and carried away to the
value of about .1,500. They also fell upon a settlement of Scotch-
men at Port Royal, where there was not above twenty-five men in
health to oppose them. The Spaniards burnt down their houses,
destroyed and carried away all that they had, because, as the
Spaniards pretended, they were settled upon their land. And had
they at any time a sufficient force they would also destroy this
town, built upon Ashley and Cooper Rivers. This whole bay was
called formerly St. George's, which they likewise lay claim to. The
inhabitants complained of the wrong done them by the Spaniards to
the Lords Proprietors, and prayed them to represent it to His Majesty,
but not hearing from them fitted out two vessels with 400 stout
men well armed, and resolved to take St. Augustine. But James
Colleton came in that time from Barbados with a commission to
the Governor, and threatened to hang them if they proceeded.
Whereupon they went on shore very unwillingly. The Spaniards,
hearing the English were coming, left their town and castle, and
fled into the woods. The truth is there was a design on foot to
carry on a trade with them. I found the inhabitants greatly
alarmed upon the news that the French continue their resolutions
to make a settlement at Messasipi River, from [whence] they may
come overland to the head of Ashley River without opposition. 'Tis
not yet known what care the Lords Deputies intend to take for
their preservation. Some ingenious gentlemen of this Province,
not of the Council, have lately told me the Deputies have talked of
making an address to the Lords Proprietors for relief. But 'tis
apparent that, all the time of this French War, they never sent
them one barrel of powder or a pound of lead to help them. They
conclude they have no reason to depend upon them for assistance,
and are resolved to forsake this country betimes if they find the
French are settled at Meschasipi, or if, upon the death of the King
of Spain, these countries fall into the hands of the French, as
inevitably they will if not timely prevented, and return with their
families to England or some other place where they may find safety
and protection. It was one of the first questions asked me by
several of the chief men at my arrival, whether His Majesty had
not sent over some soldiers to preserve them from the French,
saying they might all live in this plentiful country, if allowed
half pay for two or three years at furthest, and afterwards they
will maintain themselves and families in making pitch and
tar and planting Indian corn. His Majesty will thereby have
so many men seasoned to the country ready for service upon all
occasions. Five such men will do more service, by sea or land,
than twenty new raised men from home. They may be brought
hither in the Virginia outward bound ships, 100 or 150 men in a
106 COLONIAL PAPERS.
1699.
year, till they are made up 1,000. I heard one of the Council, a
great Indian trader and has been 600 miles up in the country west
from Charles Town, discourse that the only way to discover the
Meschasipi is from this Province by land. He is willing to under-
take it if His Majesty will please to pay the charge, which will not
be above 400 or ^500 at most. He intends to take with him
50 white men of this Province, and 100 Indians who live two days'
journey east from the Meschasipi, and questions not but, in five
or six months' time after he has His Majesty's commands and
instructions, to find out the mouth of it and the true latitude
thereof. The great improvement made in this Province is wholly
owing to the industry and labour of the inhabitants. They have
applied themselves to make such commodities as might increase the
revenue of the Crown, as cotton-wool, ginger, indigo, &c., but
finding them not to answer the end, they are to set upon making
pitch, tar and turpentine and planting rice, and can send over great
quantities yearly, if they had encouragement from England to make
it, having about 50,000 slaves to be employed in that service, but
they have lost most of their vessels, which were but small, last war
by the French and some lately by the Spaniards, so that they
are not able to send those commodities to England for a
market, neither are sailors here to be had to man their vessels.
If the duties upon these commodities and upon rice were
suspended for a time it would encourage the Planters to fall
vigorously upon making pitch and tar, etc., which the Lords
Proprietors ought to make their principal care to obtain from His
Majesty, being the only way to draw people to settle in their
Province, a place of greatest concern to the English navigation in
these parts. Charles Town Bay is the safest port for all vessels
coming through the Gulf of Florida, in distress, bound from the
West Indies to the Northern Plantations ; if they miss this place
they may perish at sea for want of relief, and having beat upon the
coast of N. England, New York or Virginia by a North West wind
in the winter, be found to go to Barbados, if they miss this Bay,
where no wind will damage them and all things to be had necessary
to refit them. I formerly presented you with proposals for supply-
ing England with pitch, tar, masts and all other naval stores from
New England. I observed when I were at New York in Sept. last
abundance of tar brought down Hudson's River to be sold at New
York, as also turpentine and tar in great quantities from the Colony
of Connecticut. I was told if they had encouragement they could
load several ships yearly for England, but since my arrival here
I find I am come unto the only place for such commodities upon
the Continent of America. Some persons have offered to deliver
in Charles Town Bay upon their own account 1,000 barrels of pitch
and as much tar, others greater quantities, provided they were paid
for it in Charles Town in Lyon dollars, passing here at five shillings
per piece, tar at eight shillings per barrel, and very good pitch
at 12 shillings, and much cheaper if it once became a trade.
The season for making these commodities here being six months
longer than in Virginia and more Northern Plantations, a planter
can make more tar here with fifty slaves than they can do with
double the number in those places, their slaves living here at very
AMERICA AND WEST INDIES. 107
1699.
easy rates and with few clothes. The enclosed I received from
Mr. Girard, a French Protestant, living in Carolina. I find them
very industrious and good husbands, but are discouraged because
some of them having been many years in this Province are denied
the benefit of being owners and masters of vessels, which other
the subjects of His Majesty's Plantations enjoy, besides many of
them are made denizens. If this place were duly encouraged, it
would be the most useful to the Crown of all the Plantations upon
the Continent of America. I enclose a draft of the town and castle
of St. Augustine, with a short description of it by a gentleman
who has been often there. It's done exactly true, more for
service than for show. The Spaniards now or the French, if
ever they get it, will prove dangerous neighbours to this Province,
a thing not considered nor provided against by the Lords Pro-
prietors. I am going from hence to Bermudas with H.M.
Commission to administer the oath to the Governor of that
island, with a commission for the Judge and other officers of
the Court of Admiralty erected there, from whence I believe
it necessary to hasten to the Bahama Islands, where a brigantine
belonging to New England was carried in as a wreck, the Master
and sailors, being pursued by some persons who had com-
missions from Governor Webb, believing they were chased
by Spaniards, forsook their vessels and went on shore amongst the
natives to save their lives. The want of a small vessel to supply
the loss of the frigott which was appointed by the Admiralty to
transport me from one Plantation to another makes me stay a great
while at one place for a passage to another, which is uncertain,
difficult and dangerous. P.S. I have by the extremity of cold last
winter in Maryland and Pennsylvania and by my tedious passage
in the winter time from New York to this place got a great numb-
ness in my right leg and foot. I am in hopes this warm climate
will restore me. I pray you to direct that the little residence I am
to make in these parts may be in this Province and that a vessel
well manned be sent me hither, my intentions being not to lie idle :
for when the hurricane times come here I can go securely to Virginia,
Maryland and Pennsylvania and New England, without fear of
being droven from those Plantations by N.W. winds, and when
they come I can pass from one Plantation to another without
difficulty. Signed, Ed. Randolph. Endorsed, Reed. June 9, Read
June 28, 1699. 4 large pp. with abstract prefixed and annexed.
Enclosed,
183. i. Peter Girard to Edward Randolph.
Number of French Protestant refugees
At Charlestown - 195 v
At Goes Creek - 31 *
At East Branch of Cooper River - 101
At ,, Santee River - 111
Total in Carolina 438
I may undertake myself to procure every year at the end of the
bridge of Charlestowu, 1,500 barrels of good tarr at 8s. per barrel,
50,000 weight of pine gum at 10. per cwt. and a parcel of Cyprus
108 COLONIAL PAPERS.
1699.
mast for the second and third rate of English men-of-war. Signed,
Peter Girard. [Board of Trade. Proprieties, 3. Nos. 22, 22 i. ;
and, without enclosure, 25. pp. 448-459.]
March 16. 184. Council of Trade and Plantations to John Lucas. We
believe it will be most conducing to a good understanding between
Mr. Lucas and Col. Codrington, that Mr. Lucas do acknowledge
his having unadvisedly used divers passionate and reflecting
expressions upon the honour of General Codrington deceased, and
that he is sorry for the same, desiring to live with Col. Codrington
in good correspondency and with due respect. Upon which this
Board will intercede with His Majesty to remit the 200 upon
mutual release to be given on both sides. No signature. [Board
of Trade. Leeward Islands, 6. No. 9.]
March 16. 185. Order of King in Council granting the petition of
Kensington. g n . "\Villiam Phippard, in case the Council of Trade have no
objection. Signed, John Povey. Endorsed, Reed. Read, March 17,
169f. Enclosed,
185. i. Petition of Sir William Phippard, owner of the William
and Elizabeth of Pool, master, Richard Trigain. Laden
with tobacco from Yorke River to London, she was on
the 2nd Oct. taken by a French pirate near the banks
of Newfoundland, the master and several sailors taken
out of her, and the ship forced to sail to Antigua,
where the Government would oblige the ship to unload,
though the owner and master have entered into bond
with the King in the sum of two thousand pounds that
the cargo shall be landed in some port in England.
The owner prays that orders may be sent to the
Government of Antigua granting the immediate dis-
charge of the ship without unloading, or otherwise that
he may be relieved of the penalty. Copy. Signed,
John Povey. [Board of Trade. Leeward Islands, 6.
Nos. 8, 8 1.; and 45. pp. 329, 329.]
March 16. 186. Minutes of Council of Massachusets. 10 each
allowed to Major James Converse and Capt. John Alden for
fetching prisoners from the Indians. John Pickering of Salem,
assignee of Humphrey Coombs, paid 3 owed to him as extra
pilot on board H.M.S. Newport, 1695. [Board of Trade. New
England, 49. p. 196.]
March 17. 187. John Lucas to the Council of Trade and Plantations.
I have read your opinion and assure your Lordships I never
did use any passionate and reflecting expressions on the late General
Codrington otherwise than in the letter of grievance and other
papers laid before you. I cannot with safety to my reputation in
the Island of Antego in the least recede from what I have alleged
against the late General, so fully known by the whole island.
Endorsed, Reed. Read March 17, 169f. 1 p. [_Board of Trade.
Leeward Islands, 6. No. 10 ; and 45. p. 331.]
March 17. 188. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. We are of opinion the petition of Sir William Phippard
AMERICA AND WEST INDIES.
109
1699.
may be granted on these terms, that his ship be permitted
to sail from Antegoa without unlading or any other pretence of
hindrance in order to come to the River of Thames to be there
discharged at the Custom House, and that he will thereupon be
accountable for any claim that may be made on His Majesty's
behalf. Siyned, J. Bridgewater, Ph. Meadows, Jno. Pollexfen,
Abr. Hill. [Board oj Trade. Leeward Islands, 45. p. 380.]
March 17. 189. John Miller to the Council of Trade and Plantations,
Foxhall. sitting at the Cockpit. Petitions that Col. Fletcher may be quickened
in answering his petition for arrears of pay. Signed, John Miller.
Endorsed, Reed. Read March 17, 1699. 1 p. [Board of Trade.
New York, 8 A. No. 19 ; and 53. p. 291.]
March 17. 190. Journal of Council of Trade and Plantations. Copy of
representation and order of Council upon Col. Fletcher's case ordered
to be sent to Lord Bellomont.
Order of Council, March 16, upon petition of Sir Win. Phippard
read, and upon Sir William engaging his word, his petition recom-
mended to Mr. Yernon.
Mr. Lucas replied that he was not willing to comply with the
suggestions made for accommodating his difference with Col.
Codrington. His business decided to be taken into consideration.
Letter from Mr. Miller praying for despatch upon his petition read.
[Board oj Trade. Journal, 11. pp.4} 8-419 ; and 96. No. 46.]
March 18. 191. John Hallam and Nicolas Hallam to the Council of
Trade and Plantations. The petitioners do not complain of an
obstruction of justice as to a case of their own, as your representa-
tion seems to intimate ; their petition aims at obtaining a grant of
the estate of John Liveen for themselves. Copy. 4 pp. Endorsed,
Reed. Read March 21, 169^. [Board of Trade. Proprieties, 2.
No. 59.]
March 18. 192. Minutes of Council and Assembly of Nevis. As on
the 9th, the Assembly pressed for the reply to various Acts and
for the sealing and despatch of the Act to empower the Treasurer
to sue. To this the Council agreed. The Assembly proposed to
discharge the guarders on the forts ; that Col. Pyrn should be sent
for to show cause why he should not pay his debt of 5,964 pounds
of sugar to the Treasurer, and that three Assembly men instead of
two should be elected in each division. The Council refused to
agree to the last proposal. The Assembly proposed the purchase
of Mrs. Martha Gibson's house for a prison. [Board of Trade.
Leeward Islands, 64. pp. 492-494.]
March 18. 193. Deposition of William Joel, late master of the sloop
New Success of the Bermudas. He cleared his sloop with Sir William
nce - Beeston, Governor of Jamaica, March 24, 1698. Being bound
with his loading of salt to Bermuda he sprang his mast and went
to get another at South Carolina, where Mr. Blake, the Governor,
forced him to pay the sum of 80 in money and goods for a
register for his vessel, before seven months of the time for
registering was expired. Since which Joell's vessel and loading
were taken by Hind the pirate, and he lost all his papers and the
110
COLONIAL PAPERS.
1699.
use of his right hand in defence of his ship. Copy. Sworn before
Read Elding, Dep. Governor. 3 pp. [America and West Indies.
Bahamas, 452. Nos. 61, 62.]
March 20. 194. Mr. Bevis Hill to William Popple. Encloses receipts
Deal. from Jonas Clay, master of the St. John Factor, and John Rayns-
ford, master of the Elizabeth, bound for New England, for letters to
Lord Bellomont. (Feb. 3.) Endorsed, Reed. March 21, 169f.
[Board of Trade. New England, 9. Nos. 57, 57 i., ii.]
March 20. 195. Minutes of Council of New York. His Excellency's
Fort William Commission for the Vice- Admiralty of the province and adjacent
Henry. provinces read and recorded. Thomas Parmyter, late gunner and
supervisor of the buildings within the Fort, summoned and for his
March 21. frauds debarred of his pay.
March 22. The Governor and L.G. took the oaths appointed and subscribed
the Test and Association. The Surveyor and Searcher, appointed
to Oyster Bay, surrendered his commission, declaring he dare not
execute it by reason of the threats of the inhabitants. The case
communicated to the Assembly, who were recommended to take
some course to prevent illegal trade there and elsewhere.
March 23. All accounts delivered to Col. Cortlandt ordered to be audited.
March 24. It having been shown that it is the custom of the West Indies
for His Majesty in cases of seizure of vessels to allow seamen's
wages due before the seizure, ordered that the charges of seizing
and condemning the Hester be first deducted out of the money
arising therefrom, and that then Captain Richard Wise, the late
master, and the mariners be paid the money due to them on
account of their wages, as far as the residue will extend.
John Vincent ordered to be prosecuted for breach of the
proclamation prohibiting persons to go on board any vessel coming
into port until some Customs' officer had first visited her. The
account of Henry Jourdain returned audited and ordered to be paid.
March 25. Other payments to officials. [Board oj Trade. New York, 72.
pp. 198-203.]
March 20. 196. Journal of Council of Trade and Plantations. Letter
from Mr. Addington, Feb. 7, read.
Two letters from President and Council of Nevis, Dec. 31 and
Feb. 4, read with enclosed papers. Copies ordered to be sent to
Mr. Vernon if he have not received duplicates.
March 21. Further memorials presented by Mr. Wharton in the name of
Nicholas and John Hallam. Resolved to enquire of Lord
Bellomont as to the affair. [Board of Trade. Journal, 11.
pp. 420-422 ; and 96. Nos. 47 and 48.]
March 21. 197. Minutes of Council of Montserrat. An Act for a
donation of 50,000 pounds of sugar to the Hon. Col. Thomas
Delaval, Lieutenant Governor, read and assented to. [Board of
Trade. Leeward Islands, 64. p. 543.]
March 198. Minutes of Council in Assembly, New York. After
21, 22. being frequently adjourned owing to the absence of representatives
Fort William f r0 m town, nineteen assembled on this day and took the Oaths,
Henry. rp egt an( j Association. They chose James Graham Speaker, and
AMERICA AND WEST INDIES.
Ill
1699.
demanded to have their former rights and privileges confirmed
(1) That none of their members nor servants may be arrested
or molested during the session. (2) That they may have freedom
of access to His Excellency, (3) and freedom of speech and a
favourable construction upon all debates, (4) that in case of
misunderstandings with the Council, committees of both Houses be
appointed to reconcile their differences. Entered in the Council
Book with the consent of His Excellency, who proceeded to address
the Assembly : The last Assembly was dissolved because it sat for
a whole month and did no business, there being great heat, and
divisions among them. Faction and sedition were rife in the town
and some ill men used the utmost industry to spread the infection
all over the province by false suggestions of their independence
from the Crown of England, and that 'tis a wrong and violence done
'ern that England should put a limitation on their trade. But does
not England put a restriction on its own trade in some cases ? and
as for piracy, which some people are so fond of here, 'tis held
in such abomination as not to be known or practised there.
The Province is subject to the Crown of England, enjoys its
protection and the best constitution of laws in fellowship with
the best and bravest people in the world, the people of England.
The angry men of New York must expect no more connivance
at their ill practices. Great marks of irreligion and immorality
are noticeable and proceed from a long habit of breaking the
laws, which nothing can rectify save Religion. The Governor then
recommended the continuance of the present revenue, the discharge
of the Government debt, the reconciliation of parties and moderation
in debate. The friendship of the Five Nations of Indians was secured
at the conference at Albany last year : but they have since grown
very uneasy at the detention by the French Governor of Canada
of some of their friends prisoners in spite of the late Treaty of
Peace. The Assembly's advice invited on the matter. The
Assembly withdrew. Col. William Smith on behalf of the Council
expressed their satisfaction with the Earl's speech.
March 28. The right of His Majesty to all drift-whales which the subject can
make no just claim of having killed was unanimously asserted, and
Richard Floyd, who in contempt of the royal right and authority
clandestinely cut up and and removed one on the island Nassau,
was committed for prosecution. The Chief Justice was required
to examine on oath witnesses in the matter. [Board of Trade.
New York, 72. pp. 743-754.]
March 21. 199. Minutes of Council of Barbados. The petition of Mr.
Irwin about servants was read and order made for payment. The
salaries of Mr. Rawlins and Mr. Woodhouse, 50 to Mr. Duke for
repairing the fortifications, a sum to Mr. Thomas for Spight's fort,
and 35 8s. to Sarah Dweight for entertaining the Committee of
Public Accounts, were passed. [Board of Trade. Barbados. 65.
p. 390.]
March 21. 200. Col. Fletcher to Council of Trade and Plantations. Mr.
Miller was not upon daily duty as chaplain at New York as he
alleges. His commission bears date March 7, 1692. He was in
New York only from the end of Aug., 1692, to the end of May,
112 COLONIAL PAPEES.
1699.
1695, when he went to England without my leave upon his private
occasions, leaving not only the Companies but the City of New
York destitute of an English minister. So that from the time of
his arrival at New York to the deserting of his flock is only two
years and nine months. At 6s. 8d. a day his pay would amount to
393 13s. 4<7., of which he owns to have received half. So there
remains due to him, New York money, 196 16s. 8cL, which makes
sterling at 30 per cent, difference, 151 8s.
As to there being a sum of money in my hands for that purpose,
as he alleges, I can produce accounts to show that there is a
balance of 173 4s. lid. due to me. But when the forces shall
be cleared to the time of my being superseded by the Lord
Bellomont, the deduction of 30 per cent, will amount to upwards of
3,130, out of which not only my balance may be cleared, but your
Lordships may direct the paying Mr. Miller as much as you think
his services deserve. Signed, Ben. Fletcher. Endorsed, Read
March 27, 1699. 1 pp. [Board oj Trade, New York, SA.
No. 20 ; and 53. p> 292.]
March 22. 201. Minutes of Council and Assembly of Nevis. The Assembly
esteeming the Gunner's account of powder irregular proposed that
he should not be paid till he had presented a proper account, and
should be dismissed the country's service and forfeit wages due if
he did not do so within ten days. The Surveyor was called upon
to lay his accounts before both Houses. [Board of Trade.
Leeward Islands, 64. p. 494.]
March 22. 202. Edward Randolph to Lord Bellomont. About Jan. 10
^ ast one ^ ut ^ er came fr m London hither with his wife. He gave
out that he had a commission from His Majesty to search for
mines in this Province. His wife has brought over with her a stock
and keeps a milliner's shop in this town. He expects one Green to
follow him, equally concerned with him, as he says, in the search
for mines, but neither he nor Green have been formerly in this
Province. I hear from an intimate friend of Guttler's that his
dependence is wholly upon one Edward Loughton, whose wife's
sister Cuttler married in London, and one David Maybank, another
relation by marriage, to assist him. They have no knowledge of
mines further than what they have heard Indian traders discourse
of mines thirty or forty miles down the Savanore River, taken up
when the river is dry, good for little or nothing. Loughton and
Maybanks are both house-carpenters and have lived above 16
years in this town. They were in London not long ago; 'tis
probable they might infuse notions of mines into Cuttler and
Green, that they know where there were mines, and easily to be
found if they could get a commission from His Majesty to search
and some persons of quality to countenance them and money to
bear their charges. They returned about five years after. Now
whether they are joined with Cuttler and Green is best known to your
Lordship. Cuttler talks of going to Savanore Town, about 120 miles
from hence, with Loughton and Maybanks to speak with the Indian
traders. He promises great matters to those who inform him of mines,
and has lately discoursed that your Lordship, the Earl of Pembroke,
and Mr. Blathwayt are principally concerned, and have got them
AMERICA AND WEST INDIES. 113
1699.
a commission to pay their passage and travelling charges. I
enquired of a gentleman in this country what profit has arisen to
his Majesty by the fourth part of the gold and silver mines in
this province, or whether they have given encouragement to any
persons to discover them and work them. I hear of none. Some
time after upon a report that I was going to England he sent me
a letter (copy enclosed) which I intended to show to the Chancellor
of the Exchequer, but since I find your Lordship, the Earl of
Pembroke and Mr. Blathwayt are all engaged in the same design
to promote the lasting benefit of his Majesty and his Kingdoms,
I enclose a copy to Mr. Blathwayt in case any should miscarry.
Mr. James Moor is a gentleman of a good estate in this country,
he is Secretary of the Province and a deputy to Sir John Colleton,
one of the Lords Proprietors. He told me that^if he were
empowered and had good encouragement for himself and his
friend, he would forthwith take 50 white men and 100 Chirakues
Indians to be his guard, and that he had a negro smith. He desired
me, to be secured against the Lords Proprietors' claim, to have all
matters so accommodated that they might not seize upon the
produce of his own cost and labour bestowed upon his Majesty's
fourth part, whereas their Lordships have three-fourths to set men
to work upon for themselves. He can employ his estate and slaves
to greater profit. As to his own share which may arise to him from
the mines, he wholly submits that to His Majesty and to your
Lordships considering he is at all the charge of the discovering and
opening them. As this is a matter of great import to the Crown if
it succeed, so if it do not, it will prove an utter ruin to Mr. Moor.
If the Lords Proprietors know that he hath neglected them and
made his proposals in the first place to you, he will certainly be a
double loser, for besides his great charge and travel to discover the
mines, the Lords Proprietors will upon the first notice turn him out
of the Council and take from him his office of Secretary and engage
the Governor and Council against him to the destruction of himself
and numerous family, and at last force him to leave the country, as
has been formerly practised upon men of good estates in this
province. You may refer to Mr. Thornburgh, now one of the Lords
Proprietors, and his agent. If you please to command I will attend
at Whitehall. Meantime I humbly pray for the recovering of my
health that I may have leave to make my residence in Carolina in
winter time, to avoid the extremity of cold in Virginia, Maryland or
the other northern Plantations, and that I may have another vessel
that draws much less water than the Sicift advice boat, lost by the
carelessness of the commander in Virginia last winter; with liberty
to have an able coaster well acquainted with the dangerous flats and
sands upon all the shores from this place to New England, where
H.M. service will very often require me. Copy. 5 pp. Endorsed,
Reed. June 15, Read June 19, 1699. Enclosed,
arch 1. 202. i. James Moore to Edward Randolph. I made a journey
Carolina. i n IQQQ over the Apalatheean Mountains and took up
seven sorts of ores or mineral stones, all differing either
in weight, colour, smell or some other qualities. By
my friend Col. Maurice Matthews I had these tried in
England. He sent word two were very good and one
12208 H
114 COLONIAL PAPERS.
1699.
indifferent. In the same journey I was informed the
Spaniards had been at work upon mines within 20
miles of me. The natives described to me their great
bellows and furnaces, and said they killed the Spaniards
for fear they should make slaves of them to work in
the mines, as they had millions of other Indians. The
places where I took up the ores are much nearer
Ashley River than any place now inhabited by the
Spaniards or French. Reflecting on the weakness of
our colony and that the report of a silver mine among
us would incite the French in America, if not in
Europe, to invade us, I thought it convenient during
the war not to make any discovery of them. I now
communicate this with you, desiring you to communi-
cate it either to the Rt. Hon. Mr. Montague, Chancellor
of the Exchequer, Mr. Blathwayt, or some other great
officer at Court. I leave it to you to agree for my
certain reward. I hope I shall not be worse dealt by
because I will not put the Crown to one farthing
charge before the thing be effected. King Charles II.
by his charters has given our Lords Proprietors three-
fourths of all silver, gold, precious stones, etc. found
within their patent. If they work the mines they
will hardly send men enough to defend this country.
Copy. 8 pp. [Board of Trade. Proprieties, 3. Nos.
19, 19 1. ; and 25. pp. 433-443.]
March 23. 203. Andrew Hamilton to William Popple. The last ship to
sail to New York and Boston is 14 days hence, and puts me under
a necessity to remind their Lordships of the petition and memorial
of the Proprietors of the Jerseys concerning me. The state also of
the Post in America, which is under my care, doth call for my
speedy repair thither, the Acts of Assembly of those Colonies which
ascertain the rates upon letters being near expired, and will not be
easily renewed without my personal application. Signed, And.
Hamilton. Endorsed, Reed. Read, March 23, 169|. [Board oj
Trade. Proprieties, 2. No. 60.]
March 23. 204. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon, enclosing papers received from Nevis dated Feb. 4.
Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill.
[Board of Trade- Leeward Islands, 45. pp. 345-348.]
March 23. 205. Proprietors of East New Jersey to the Council of Trade
and Plantations. The Proprietors in their petition to His Majesty
in Council, since referred to you, complained of the seizure of the
Hester at Perth- Amboy, which the Governor of New York justifies
by virtue of the Order in Council made in confirmation of your
report declaring your opinion that the Proprietors have no grant of
any port in East Jersey. They set forth that your report was
grounded upon several misinformations. For the right claimed is
but the common and natural right of coming into and going out of
that Province with ships for the necessary support of the inhabitants,
a privilege which every other colony of America doth enjoy to this
AMERICA AND WEST INDIES. 115
1699.
day. No customs being payable there for any goods imported from
Europe thither or for the product of that Colony to Europe, or
elsewhere, they are advised they have power to import and export
such goods from any part of that province without interruption.
And for the enumerated products of the Plantations upon which a
duty is imposed by the statute of Charles II, the Proprietors insist
that the Commissioners of Customs had constituted Perth- Amboy
a port for that purpose before your late report, which the
Proprietors are willing shall be the port for importing and
exporting all goods whatsoever to and from the Colony. The
separation of the Jerseys from New York, 1664, was before the
Statute which empowered the Commissioners of Customs to
constitute ports in America or before any customs were payable at
New York, so that, as the people were under no limitation from
England of using the most convenient harbours in their colonies,
New York cannot pretend that by the separation of the Jerseys any
revenue or customs are lopped off. Your report set forth that New
York and Perth-Amboy lie within the same capes and river, and
that it is not usual to admit of two independent ports within
the same river : but this is the case with Virginia and Maryland, and
every creek there is permitted to be a port as in New England.
And though the entrance from the sea to New York and Perth-
Amboy be through the same channel close to Sandy Hooke, because
of shoals and banks that lie all along to Nassau or Long Island, yet
once within the channel the courses, flowings and ebbings, are
different, for New York lying north from Sandy Hook upon
Hudson's river and Perth-Amboy lying west upon Rariton River,
ships bound for Perth-Amboy, if they must first enter New Y r ork
will have to go down again to Sandy Hook before they can fall into
the channel of Rariton River, and are subject to be driven to sea
as pilots often have been. A ship bound outward from Perth
Arnboy, if obliged to clear at New York, may be blown off
in going round, and so is seizable in any of the King's ports
for want of coquets. A northerly wind is a fair wind to go
to sea from Perth Amboy, but blows quite down Hudson's River,
that ships with that wind cannot come at New York, and so lose a
fair wind. In the winter ships can go to sea from Perth Amboy
once in two or three tides, but it is impossible to go to New York
because of the running ice in that river, and therefore must lose
their season. East Jersey affords great store of horses fit to be
transported to the West Indies. They are never put aboard till
the wind offers fair to go to sea, and should vessels loaded with
horses be obliged to clear at New York, they may lose the wind that
might carry them to sea, and be the loss of their voyage. In order
to take away the principal objection made by your Lordships, the
detriment a free port in East Jersey would bring to New York, the
Proprietors propose to obtain an Act of Assembly for the same
duties at Perth Amboy as are and shall be paid at New York. Their
proposal for a trial at bar is merely to vindicate them against any
charge of remissness from the inhabitants in case of failure.
Signed, Wm. Penn, Thomas Harte, Tho. Cooper, David Lyell, Tho.
Barker, Clemt. Plumsted, Walter Benthall, Wm. Dockwra, Peter
Sonmans, John Burnet, and for Robt. Burnet, Gilbert Molleson for
5 COLONIAL PAPERS.
1699.
Robert Barclay, Joseph Ormston. Endorsed, Reed March 23.
Read March 29, 1699. 3 large pp. [Board of Trade. Proprieties,
3. No. I ; and 25. pp. 379-382.]
irch 23. 206. Journal of Council of Trade and Plantations. Mr.
Andrew Hamilton was informed that a report on his affair and
other matters relating to the Jerseys, which could not be separated,
would be made as speedy as possible. Letter to Mr. Secretary
Vernon enclosing papers from Nevis signed and sent. Letters
from Sir Wm. Beeston with enclosures, Jan. 20 and Dec. 5,
considered, and letter to Mr. Vernon thereon ordered to be prepared.
24. The draft of the letter agreed upon.
Representation upon the business of Newfoundland ordered.
[Board of Trade. Journal, 11. pp. 423, 424; and 96. Nos. 49
and 50.]
207. Copies in full of Acts passed at Nevis, 1699.
(1) An Act that constables shall not refuse to serve.
(2) An Act to oblige masters of ships to give in security besides
the security by Act of Parliament.
(3) An Act that no actions shall be commenced at a sessions
unless they be for above one thousand pounds of sugar.
(4) An Act against running away with boats and canoes.
(5) An Act for all vessels to pay tonnage, powder and arms.
(6) An Act against importing rum and molasses ; also for raising
an annual tax on vintners and retailers of rum and rum punch,
and for lessening the number of distillers.
(7) An Act to revive and continue divers Acts of this island.
(8) An Act to ascertain the value of foreign coins to pass current
in this island.
Signed, Wm. Burt, Mich. Smith, Dan. Smith, Jno. Smargin,
Richd. Abbot, Wm. Butler, and J. Bevon and Wm. Ling, Speakers.
Endorsed, Reed. Nov. 8, 1699. Sent to Mr. Solicitor General,
Nov. 8, 1699. Reed, back May 28, 1700. Read Sept. 11, 1700.
Reported Sept. 29, 1700. [Board of Trade. Nevis, 260. Nos. 5-8.]
March 25. 208. James Vernon to Council of Trade and Plantations,
Whitehall, directing the preparation of a Commission and Instructions for
Col. Codrington to be Captain-General and Governor-in-Chief of
the Leeward Caribbee Islands. Signed, Ja. Vernon. Endorsed,
Reed. Read March 27, 1699. [Board of Trade. Leeward Islands, 6.
Nos. 11 and 45. p. 348.]
March 25. 209. Instructions to Col. John Gibson, commanding the
regiment of foot despatched to recover the Island of Newfoundland
from the French, 1697. Endorsed, Reed, from Mr. Blathwayt
March 25. Laid before the Board, March 27, 1699. Copy. 6 pp.
[Board of Trade. Newfoundland, 3. No. 128.]
March 25. 210. Heads of Instruction for Capt. John Norris, commander
in chief of the squadron of H.M. ships bound to Newfoundland,
1697. Endorsed as above. Copy. 7 pp. [Board of Trade.
Newfoundland, 3. No. 129.]
March 27. 211. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. We think it proper to lay before you some matters
AMERICA AND WEST INDIES.
117
1699.
March 27.
Whitehall.
1698.
Aug. 29.
Sherbro.
1699.
March 27.
referred to in the letters of Sir William Beeston, Lieut.-Governor
of Jamaica, Dec. 5 and Jan. 20 last (q.r.)- The matters reported are
(1) The passage about the deaths of the Commanders of the
Sindados Prize and H.M.S. Maidstonc ; (2) the case of Captain
Allen and the Sindados Prize at the Isle des Vaches ; (8) the
endeavours of the French to settle a colony at the Isle des Vaches
" which a few years ago lay common and the inhabitants of Jamaica
used to hunt there and fish for turtle upon that coast. And inasmuch
as the said settlement so near St. Domingo may be prejudicial to
the Spaniard as well as to our navigation that way, besides the
consideration of pur fishery, we humbly conceive it may be fit that
information be given of that new settlement to the Spanish Court" ;
(4) the Kelly affair. (5) The attitude of the Spanish and the case
of Captain" Medlicot. (6) The detention of English ships at
Carthagena by the Spaniards. " We are also to acquaint you with
what has been lately writ to us by the President and Council of
Nevis relating to the Spaniards in those parts. Two sloops
belonging to that island having sailed to Crab Island, the leeward-
most of H.M. Carribbee Islands, in order to winter there out of the
danger of hurricanes and to return with turtle, which is fished in
those seas, in the spring, were surprised and taken by two armed
half gallies, who carried them to the neighbouring Island of St. John
de Porto Rico, where the men are kept in prison to the loss of the
owners esteemed to be 1,000 sterling, and to the great prejudice
of our navigation and turtle fishing in those parts." Signed, Phil.
Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of
Trade. Jamaica, 56. pp. 303-311.]
212. James Vernon to Council of Trade and Plantations.
His Majesty commands me to transmit the enclosed advice sent to
the Royal African Company. You are to advise with the merchants
whether they have anything to propose for the security of trade. I
have sent your report of Feb. 24 concerning passes to the Lords of
the Admiralty, but have not yet been sent their reply. Signed, Ja.
Vernon. Endorsed, Reed. Read March 28, 1699. Enclosed,
212. i. Wm. Burrough to Samuel Heron, merchant in the
Royal African House. This is for to acquaint the Royal
African Company of my misfortune in being taken by a
pirate under English colours in the Lat. of 7' 15", they
being a ship of 14 guns and 6 patereroes and 50 men,
he being a consort of Avery, and they told us likewise
that there was 10 sail upon the coast of Africa and that
Avery was the head of them in a ship of 24 guns and
100 men. They told us that they had fought the Bedford
Galley at the Isle of May and that she had disabled
their mast, by which reason they took my ship with ten
of my men (named) and gave me their ship, which I have
brought to Seralone and delivered her to Agent Corker.
Copy. [Board of Trade. Plantations General, 5.
Nos. 10, 10 1. ; and 35. pp. 34, 35.]
213. Journal of Council of Trade and Plantations. Letters
to Mr. Secretary Veruou (ordered March 23) and about Turkish
passes (Feb. 24) signed.
118 COLONIAL PAPERS.
1699.
Letter from Mr. Vernon, March 25, received, and draft of a
Commission and Instructions for Col. Codrington to be Captain
General and Governor-in-Chief of the Leeward Islands ordered to
be prepared accordingly.
Order of Council of March 9 relating to ships of war to attend
the Plantations read, and so much of it as concerns them ordered
to be communicated to the respective Governors.
Orders of Council of same date upon Jews trading to Alexandria
and enquiry into the misdemeanours of the Government of Rhode
Island read.
Letter from Col. Fletcher, March 21, read, and copy ordered to
be given to Mr. Miller.
March 28. Letter from Mr. Vernon, March 27, enclosing copy of an advice
sent to the Royal African Company concerning pirates on the coast
of Africa, read. Any members of the Company or persons able to
give information on the matter invited to attend any morning
before Saturday.
Copy of a Bill now depending before the House of Commons
for encouraging the trade to Newfoundland read and discussed.
[Board of Trade. Journal, 11. pp. 424-427 ; and 96. Nos. 51
and 52 ; and Trade Papers, 14. pp. 237-239.]
March 28. 214. Memorandum of a copy of a Bill now depending in the
House of Commons for encouraging the Trade to Newfoundland.
J p. [Board of Trade. Newfoundland, 3. No. 130.]
March 28, 215. Minutes of Council of New York. Accounts of Hendrick
29, 30, 31. van Dyck, Jacobus van Dyck and Jacob Staats, chyrurgions, for
attending the soldiers at Albany considered, and the accounts of
Robert Livingstone ordered to be audited. Petition of Richard
Floyd read and referred.
A list of the debts of the Government was produced and com-
municated to the Assembly. Twenty pounds paid to James Evetts
for making drawings for the buildings of the Fort. The accounts
of expenses of seizing the Hester referred to a Committee. Four
tyde waiters, to inspect shipping and prevent running of prohibited
goods, appointed at 40/. per annum : Capt. John Bowden, John
Parmyter, Nicholas Feilding and Robert Cranwell ; but the latter,
already receiving forty-six pounds a year as one of the matrosses
of the Fort and cockswain of H.M. pinnace, to receive no more
than that amount. [Board of Trade. New York, 72. pp. 203-
206.]
March 29. 216. Journal of Council of Trade and Plantations.
Memorial of the Proprietors of East New Jersey read. Sir
Thomas Lane with Mr. Penn, Mr. Dockwray and other Proprietors
of East and West New Jersey, applied for a report upon the several
matters before the Board concerning them. They proposed, by
way of accommodation in the business of ports at Bridlington and
Perth-Amboy, to raise the same duties there that are laid at New
York and give one half part thereof toward the charge of maintain-
ing the frontiers of New York, and, on being told that the Board is
required to advise with Mr. Attorney and Mr. Solicitor General on
those matters, they said they would endeavour to bring them on
Friday.
AMERICA AND WEST INDIES. 119
1699.
Mr. Thomas Nisbet with Mr. David Waterhouse and another
merchant offered verbally some objections to the Bill for encourag-
ing trade to Newfoundland. They said they were to be heard
before the Committee of the House, and were told the Board could
not properly interpose unless required to do so.
Mr. Miller offered a long deduction of his case and was told the
Board had no power to compel Col. Fletcher to pay him, and that
he ought to make application to the Earl of Ranelagh's office or to
the Treasury or in the ordinary course of law.
Mr. Lucas was told the report on his business would be made as
soon as possible. The letter of Mr. Gamble to him was copied and
returned to him.
March 30. Letter to the Treasury concerning the charges of the office
ordered. Representation upon affairs of Newfoundland signed and
sent to the Council Board.
Mr. Attorney and Solicitor General summoned to attend
to-morrow.
Laws of Nevis and Autego, Sept.-Feb., with remonstrance of the
General Assembly of Antego, Nov. 29, laid before the Board. The
Laws referred to Mr. Attorney and Solicitor General.
Sir E. Andros, lately arrived from Virginia, stated that the
Government had been put into Col. Nicholson's hands Dec. 9, and
that he left all well. [Board of Trade. Journal, 11. pp. 427-
430 ; and 96. Nos. 53 and 54.]
March 30. 217. Council of Trade and Plantations to the King. The
Whitehall, preservation of the Fishery of Newfoundland being of the greatest
importance to this kingdom and the season of the year being now
come for the departure of ships bound thither, which will be soon
followed by the usual convoys, we humbly crave leave to lay before
your Majesty some particulars relating thereunto which require a
present consideration. Your Majesty having last year established
a Company of Foot for the guard of the harbour of St. John's and
of the forts there, it will be absolutely necessary, in case your
Majesty be pleased to continue the company in that service, that
care be taken to send a sufficient quantity of provisions, clothes and
money thither to serve them until the ensuing year, and that a
recruit of ten men be sent to make up the complement that may be
wanting by death or desertion. We understand from Captain
Norris, who commanded your Majesty's fleet there last year, that
at the time of his departure from thence the remainder of the
provisions, which had been sent whilst the forces were more
numerous there, was sufficient in quantity to serve those now
left there for a year longer, but that in his opinion they will
be defective and spoiled before they can be served out to them.
He proposes that one complete year's provisions should now be
sent for the Company, and, upon their arrival, the old provisions
should be disposed of at a public sale for the use of the soldiers. We
humbly offer to your Majesty that the Commander-in-Chief of the
convoys should be charged with the sale and be accountable for the
same. Capt. Norris advises us that no money was sent by the Office
of Ordnance last year for the subsistence of the gunners left there,
and that for want thereof they were put to hard shifts for clothing
120 COLONIAL PAPERS.
1699.
themselves and subsisting during the winter. We propose that
the necessary directions be given to supply that want and prevent
the like inconvenience in future. Lt.-Col. Handaside, who suc-
ceeded to the command of the soldiers left there, on the return of
Col. Gibson, has acquainted us with the great hardships suffered
by them that winter, and the death of the greatest part of them,
which he imputes chiefly to the want of sufficient barracks to
defend them against the injuries of the winter season, and the
impossibility of building such barracks whilst he was there for
want of timber or stone, adding that unless some care be taken
to have barracks built of stone or brick it will be very difficult for
the men to live there, besides the hazard of fire if made of wood.
Last March we offered our opinion that for the erecting of new
and finishing the old fortifications it might be necessary that
workmen should be sent from hence with such a quantity of brick,
lime and plank, as the Office of Ordnance, upon consulting with
engineers then lately come from thence, should find requisite, as
also that a chain and boom together with an iron bridle and a
crab or capstone should be likewise sent for the services
mentioned in our report, and directions given for employing
the seamen and soldiers in the works. Your Majesty gave
directions accordingly, but, as we conceive through the
pressure of other occasions, none of the said things were sent
or done. The reason of the said proposals being yet the same
we humbly offer that the directions then given should be now put in
execution and that likewise a sufficient quantity of bricks and
lime for building barracks for the company of men left there
be further added to what we then proposed for the fortifications,
and directions given for the building or repairing both of the
one and of the other. Lastly we humbly beg leave to lay before
your Majesty an abstract of the State of the last year's Fishery
at Newfoundland : viz.
The tonnage of 252 ships employed in that fishery amounts
to 24,318 tons.
The number of men employed last year in that trade and fishery
near 6,000 men.
The number of quintals of fish taken there is 272,618.
The value of the fish at 13s. per quintal at Newfoundland, as the
price generally went there last year, amounts to 177,201 14s.
The returns of the fish to England from the foreign markets with
the advantages of freight and otherwise may be reckoned near
the double of its first cost and so will exceed 300,000. .Signed,
J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno.
Pollexfen, Abr. Hill. [Board of Trade. Newfoundland, 25.
pp. 277-280.]
March 30. 218. Order of King in Council referring the petition of
Kensington. Francis Eyles to the Council of Trade and Plantations for considera-
tion and report. Signed, John Povey. Endorsed, Reed. Ap. 1,
Read Ap. 3, 1699. 1 p. Enclosed,
218. i. Petition of Francis Eyles praying for an Order in
Council to permit the Hon. Ralph Grey, Governor of
Barbados, tc receive a present made to him by the
Council and Assembly of " two thousand pounds in
AMERICA AND WEST INDIES. 121
1699.
consideration of the charge he was at to fit and provide
himself for his voyage thither." Copy. Signed, John
Povey. \p. [Board of Trade. Barbados, 7. Xos.SI,
81 1. ; and 44. pp. 245-246.]
March 30. 219. Order of the King in Council referring the petition of
Kensington. Sir William Waller, knt., Nicholas Dupin, Esq., Partners and
Company, to the Council of Trade to examine and report thereon.
Signed, John Povey. Endorsed, Reed. Read April 21, 1699.
Enclosed,
219. i. Petition of Sir William Waller, knt., Nicholas Dupiu,
esquire, partners and Company, to His Majesty for
establishing and settling the Island of Tobago. The
Petitioners have agreed and contracted with Charles,
Baron de Bloomberg, as Envoy from His Highness the
Duke of Courland, under the broad seal of the Dukedom
bearing date at Mitavia, March 28, 1698. The island
of Tobago is under His Majesty's protection and will be
of great advantage to the commerce of his dominions,
having several harbours and being inhabited by the
subjects of His Majesty and of the Duke of Courland.
Many noblemen and merchants and others have become
partners and raised a considerable Joint-Stock to carry
on the said great and advantageous design. There are
several Protestant Switzers and others disbanded from
His Majesty's service who are willing to go and settle
in the Island, who will be of great use for planting,
defending and improving it.
The Petitioners therefore pray His Majesty to order
two small frigots to transport the Governor, Agent,
Switzers and other servants with their necessary
provisions in order to settle the Island, and that one of
the said ships may remain for some short time to
cruise about the said Island till the petitioners have
secured themselves and their goods there. Copi/.
Signed, John Povey. 2 pp. [Board of Trade.
Barbados, 7. Nos. 82, 82 1.; and 44. pp. 251-258.]
March 80. 220. Minutes of Council of Bermuda. The sloop Happy
St. George's. j ane% Jonas Clay late master, previously condemned in a Court
of Admiralty, ordered to be exposed for sale. [Board of Trade.
Bermuda, 89. p. 10.]
March 80. 221. Royal African Company to the Council of Trade and
Plantations. Proposals for the suppression of pirates upon the
coast of Guinea and the West Indies. (1) Orders to be sent to
H.M. Officers in New England, New York, Carolina, &c., to prevent
the pirates being supplied with provisions. (2) One fifth rate
frigate to be appointed to cruise near the Cape de Verde Islands
and the Isle of May, July April and to put in once or twice into
the river Gambia to gain intelligence from the Company's Agents
at James Island. (8) One fifth-rate frigate to sail along the coast
from Cape de Verde to Cape Coast Castle, touching there for
intelligence from the Company's Agents, and thence along the
122 COLONIAL PAPEKS.
1699.
coast to the Island of Princess and to cruise near that island for 5
or 6 months. (4) Several small frigates to cruise near Barbados
and the other islands. Endorsed, Heed. Bead March 31, 1699.
[Board of Trade. Plantations General, 5. No. 11; and 35.
pp. 36-37.]
March 31. 222. Minutes of Council of New York in Assembly. The
Assembly addressed the Governor and applauded his negotiations
with the Indians. "You have sweetened their humour, which
had been much soured by the great disappointments they had
met with, which enraged them to such a degree that, if your
Excellency's care had not intervened, they would have deserted
their friendship to this Province and gone over to the French,
which would have made the Peace more grievous to all the
inhabitants than the late war." In gratitude, they promised their
loyal support of his administration. The Governor thanked them.
[Board oj Trade. New York, 72. pp. 755-757.]
March 81. 223. William Popple to Sir Thomas Trevor and Sir John
Hawles. I am directed by the Council of Trade to enclose the Acts
of the General Assemblies of Nevis and Antego past there in Sept.
Nov. Dec. Jan. and Feb. last, and to desire either of your opinions
thereupon with what speed you can conveniently. Annexed,
223. i. List of Acts passed at an Assembly at Antegoa
in 1698.
(1) An Act encouraging the settlement of this island
with white people and promoting the importation of
servants. Nov. 3, 1698.
(2) An Act for the better regulation and settlement of
the Begister's Office. Nov. 3, 1698.
(3) An Act to prevent the inconveniences that
may arise by the expiration of the late Act of Courts,
dated July 22, 1692, and the expiration of the Justices'
Commission. Sept. 22, 1698.
(4) An Act for raising a tax of 1,100,000 pounds
of sugar, for paying public debts and charges and
the support of the Government. Dec. 22, 1698.
(5) An Act for the restraining and punishing
Privateers and Pirates. Nov. 3, 1698.
(6) An Act for establishing of Courts and settling due
methods for the administration of justice in this Island.
Dec. 22, 1698.
(7) An Act regulating the Militia. Dec. 22, 1698.
(8) An Act for Electing an Agent from time to time
for this island, appointing a recompence for his trouble
and settling methods for the better management of that
trust. Dec. 22, 1698.
223. n. List of Acts passed at an Assembly at Nevis in 169f .
(1) An Act to confirm all Estates in this Island
to and upon the Owners and Possessors thereof.
Jan. 19, 169|.
(2) An Act of Indemnity for Administrators, Over-
seers, Trustees, Executors, etc. Feb. 2, 169|.
AMERICA AND WEST INDIES.
123
1699.
(3) An Act for making the Negroes, Coppers, Mills
and Stills of Intestates' Estates, chattels. Feb. 2,
169f. [Board of Trade. Leeward Islands, 45.
pp. 348-350.]
March 31. 224. Copies in full of the Acts mentioned above. Signed,
Nevis. Wm. Burt, Walter Symonds, Dan. Smith, Jno. Smargin, Richd.
Abbot, J. Bevon, Speaker. Endorsed, Reed. March 8, 1699. Sent
to Mr. Solicitor General March 31, Reed, back May 28, 1700.
Read Sept. 10, 1700. Reported Sept. 29, 1700. [Board of Trade.
Nevis, 260. Xos. 1-4.]
March 31. 225. Journal of Council of Trade and Plantations. Capt.
Nicholson, Mr. Roberts and another member of the Royal African
Company presented some proposals for suppressing pirates on the
coast of Guinea and the West Indies.
After interviews with the Attorney and Solicitor General and
the Proprietors of the New Jerseys, the latter promised to make
further proposals in writing for accommodating their differences
with the Province of New York.
Draft of letter to the Treasury agreed upon. [Board oj Trade.
Journal, 11. pp. 481, 432; and 96. No. 55.]
March 81. 226. Council of Trade and Plantations to the Lords of the
Whitehall. Treasury. The allowances and salaries payable quarterly upon the
establishment of this office being now one year in arrear and our
officers, who have no manner of perquisites allowed them, being
thereby put to great difficulties, we desire your order for the
payment of the said year's allowances and salaries ending at Lady
Day last. We also desire the payment of Mr. Churchill, the
stationer, who has furnished our office these three years, for his
account i'203 2s. Id., and of an Officer of the Post for the postage
of many of our letters, for his account of 24 16s. 5d. Signed,
J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. Endorsed, March 31, 1699. Annexed,
226. i. Copy of Stationers' Account.
226. ii. Copy of Post Account. [Board of Trade. Miscel-
lanies, 1. Nos. 39, 39 1., n. ; and 11. p. 76.]
March 81. 227. Governor of Connecticut to William Popple. By the
New London. 8 hi p8 in July 1, 1698, I acknowledged receipt of the letters of
Feb. 23 and March 21, 1698. The proclamations therein con-
tained were immediately published. I communicated the command
to transmit the Laws and Acts of this colony to the General
Assembly, who were then considering a revision of their laws in
order to a more complete body for the press, but it being impossible
to have them ready to send by the ships now hastening to sail, the
General Court have despatched the present printed Laws and the
transcript of other necessary and local Laws suitable to the
constitution of the affairs of this wilderness, as they have been
found needful to be passed by the General Assembly, and hope to
have their Lordships' good opinion concerning them. Signed,
J. Winthrop. Endorsed, Reed. March 31. Read April 13, 1699.
1698.
Oct. 27.
124 COLONIAL PAPERS.
1698.
Governor Winthrop to Council of Trade and Plantations. To
the same effect as preceding. Signed, J. Winthrop. Endorsed,
Reed. March 31. Read April 13, 1699. 2 pp. [Board of Trade.
Proprieties, 3. Nos. 2 and 3 ; and 25. pp. 383-385.]
1699.
April 1. 228. Minutes of Council of Massachusetts. Proclamation
ordered for apprehending Joseph Bradish and his accomplices.
According to the evidence of some persons recently arrested on
a suspicion of piracy, Bradish was boatswain's mate of the
Adventure of London, Thomas Gullock, commander, bound to
Borneo, and ran away with the ship when the captain, &c.
were ashore on the Island of Polonis. They lately arrived at Block
Island, Rhode Island, where, having taken out the money and most
valuable part of the cargo, they sank the ship. [Board of
Trade. New England, 49. p. 197.]
April 3. 229. Proprietors of East New Jersey to Council of Trade and
Plantations. The Proprietors offer the following reasons, in
obedience to your Lordships' commands, for their suggestion that
the allowing a port in East Jersey upon the conditions proposed by
them would be no detriment, but rather an advantage to New York.
(1) The people of both provinces being under equal taxes of
importation and exportation, the inhabitants of New York will not
be tempted to remove to East Jersey. (2) Most if not all the
improveable lands of New York are taken up and settled,
whereby that province is now as well peopled as it is like to be
for many years, and will therefore return under the same
difficulties both for men and money in time of any future wars
as they were in the last, and England will still be under a necessity
of supplying them with men and money on such occasions.
(3) But if East Jersey have a port, that country, which has a
great deal of fertile land lying vacant, will soon be peopled from the
remoter barren colonies and capable of furnishing men and money
in case of any invasion from the French or Indians, the only
reason which has yet cramped that country from increasing
in people being the incapacity of importing what they want
and exporting the product of their labours. (4) The moiety
of the Customs arising at New Jersey being paid and applied
to the support of the frontiers of New York, that province
will be eased of such part of their present charge, or at least
England will be discharged from that expense of men and money
which it is now forced to be at for that purpose. If it is objected
that, if the inhabitants of East Jersey supply themselves by their
own importation, the Customs of New York will proportionably
decrease, the Proprietors offer to put themselves under the same
Customs and pay into the Treasury of New York yearly for the
support of the frontiers as much as the Custom of goods consumed
in East Jersey has amounted to in any year since the disjoining
of that province from New York, if this offer is preferred to that of
a moiety of the Customs arising at East Jersey. The Proprietors
are much surprised at the objection your Lordships make to their
right of Government, which they enjoyed during the reign of
Charles II. not only by an uninterrupted allowance of it, but by a
particular declaration recognising their authority and commanding
AMERICA AND WEST INDIES. 125
1699.
the inhabitants to obey them, and by the late King James and
since by His present Majesty. Their title to it is this. King
Charles II. by letters patent granted the powers of Government
of East Jersey to the Duke of York, who in 1682 granted them to
the Proprietors, as appears by the grant now produced, which
King Charles backed with the declaration above-mentioned. The
Proprietors enjoyed it accordingly, and though in the Commission
granted to Col. Fletcher, late Governor of New York, the Jerseys
were at first inserted, yet upon the petition of Dr. Cox, then chief
Proprietor of West Jersey, and a hearing at the Council Board,
after a long debate by Counsel, wherein the assignableness of
Government was particularly discussed, it was ordered that the
Jerseys should be struck 'out. Signed, Wm. Dockwra, Sec. and
Reg r - Endorsed, Reed. Ap. 12, * Read Ap. 13, 1699. 3 pp.
Annexed,
229. i. Copy of grant from H.R.H. James, Duke of York, of
East New Jersey, to 24 Proprietors, Mar. 14, 1682,
at 10 nobles per annum. 12 pp. [Board of Trade.
Proprieties, 3. Nos. 4 and 5 ; and 25. pp. 385-398.]
April 3. 230. Mr. Secretary Vernon to Council of Trade and Planta-
Whitehali. tions. I enclose a letter from the Governor of Barbadoes. His
Majesty would have you report on his demand of a ship or two more
to attend that Island. I enclose also a copy of the opinion of the
Lords of the Admiralty as to the alterations proposed to your
Lordships in the rules for granting Admiralty passes. Signed, Ja.
Vernon. Annexed,
April 1. 230. i. Report of the Admiralty upon the Representation of
the Council of Trade and Plantations concerning
proposed alterations in the rules for granting passes for
protecting vessels from the Turks. The granting of
such passes should not be restrained only to H.M.
natural-born subjects or such as are naturalized in
England, but extended to denizens. We do not agree to
the proposal for omitting the rule for granting passes
to ships in foreign parts, but would only omit that part
which requires the Proprietors to make oath that their
ships had not been in England since Michaelmas
preceding the time of making the rule. We agree with
the proposed granting of passes to Scotch ships in
Ireland from the Admiralty of Scotland. As to the rule
which directs that no pass be granted to any ship that
is not in some port in Ireland at the time of granting
such pass, and that the propriety of such ships belongs
to the inhabitants of Ireland, which the Council of
Trade propose should extend to proprietors inhabiting
H.M. dominions in general, we are humbly of opinion
that this rule ought to stand as it doth, believing the
first ground thereof was to restrain the inhabitants of
Ireland from building ships for England, that so the
intention of the Acts for the Encouragement of English
Navigation might the more effectually be complied with.
The granting of passes in Ireland should be extended to
126 COLONIAL PAPEES.
1699.
denizens. When appealing for passes one of the owners
should give bond with the master. Signed, Orford,
K. Eich, G. Eooke, J. Houblon, Kendall, G. Wharton.
[Board of Trade. Trade Papers, 14. pp. 241-245.]
April 3. 231. Minutes of Council of New York. William Demeyer,
Fort William being disaffected to the Government and owing five or six years'
Henry. excise for the whole of Ulster County, His Excellency removed him,
and appointed Humphry Davenport, County Clerk of Ulster and
Town Clerk of Kingston, in his stead. Demeyer refused to yield
up the Eecords, pretending a power given by Governor Dongan to
the Trustees of the Town to nominate the Town Clerk, which not
being judged to exist, the major part of the Trustees submitted and
ordered him to deliver up the Eecords. The Council referred the
matter to the consideration of the Assembly.
Memorial of the inhabitants of the outward of the city read and
referred to the Assembly.
Payment of 40s. ordered to John Kingsberry.
April 4. Judgment in the case of Tyrens and Cruger v. Depeyster con-
firmed. Appeal allowed.
April 5. Proclamation for reviving the Courts of Judicature ordered to be
engrossed, sealed and lodged in the Secretary's Office, and likewise
all future Proclamations. John Marsh's Petition read and referred
to the Assembly.
April 6. Six pounds paid to Paulus Turk, who was wounded by several
soldiers on 5th November.
The Lieutenant's lodgings ordered to be provided with necessaries.
31 paid to Peter Dereymer for making and mending glass
windows in the Fort.
April 7. Petition of Jan Baptist referred to a Committee.
April 7. Petition of the inhabitants of Hampstead and Oyster Bay
referred for further consideration.
Petitions of Elizabeth Edmonds and Anne Bowen read and
referred to a Committee. [Board oj Trade. New York, 72.
pp. 213-218.]
April 3. 232. Minutes of Council of New York in Assembly. Petition
of Eichard Floyd read; he was allowed bail, and Col. William
Smith's evidence ordered to be delivered to the Attorney General
in order to his prosecution of Floyd.
April 4. Floyd discharged from the custody of the Sergeant-at-Arms,
paying his fees. Ordered that Col. William Smith deliver the
oil and bone of the whale that came on shore on the manor
of St. George's to Capt. Samuel Mulford, if the latter can show that
it was killed by persons employed by him.
April 5. A paper relating to the Five Nations of Indians, brought by Jan
Baptist van Epe from Onnondage, referred to the Eepresentatives.
April 6. A Committee of both Houses appointed to consider it.
Messengers dispatched to the Indians with instructions.
April 7. The Eepresentatives sent up a Bill for indemnifying persons
April 8. excepted out of the General Pardon, 1691. Eead the first and
second time and returned down with some literal amendments.
[Board oj Trade. New York, 72. pp. 757-763.]
AMERICA AND WEST INDIES. 127
1699.
April 8. 233. Journal of Council of Trade and Plantations. Letter
to the Treasury signed and sent.
Letter from Mr. Allen, New Hampshire, Jan. 14, read. Minutes
of Council of that Province since his arrival laid before the Board.
Order of Council, March 9, about Jamaica and H.M. ships of
war read.
Order of Council, March 30, read. Mr. Eyles ordered to be
informed that the Act in question is in Mr. Attorney General's
hands.
Mr. Lucas, being told that Col. Codrington had referred himself
to the Board, promised to do the same and submit entirely to what
their Lordships should think fit.
Draft of Col. Codrington's Commission considered.
April 4. The consideration of Col. Codrington's Commission continued.
The question whether the words " as also upon soldiers in pay " be
legal referred to Mr. Attorney and Solicitor General. [Board oj
Trade. Journal, 11. pp. 432-435 ; and 96. Nos. 56, 57.]
April 4. 234. Attorney and Solicitor General to Council of Trade and
Plantations. In answer to your enquiry of Aug. 4 last (q*r.), we
are of opinion that in personal actions where the matter in question
exceeds the value of 300, an appeal of right ought to be allowed
by the express words of the charter, and upon any action or
information upon seizure of ship or goods for trading contrary to
the law, where the value is either above or under 300, an appeal
does lie from the judgment of the Court of Judicature there in case
His Majesty in Council shall think fit to allow thereof. An allow-
ance of such appeal, we conceive, will be no infringement or violation
of the charter. Signed, Tho. Trevor, Jon. Hawles. Endorsed,
Reed. Read June 28, 1699. Enclosed,
(1) Letter of William Popple to the Attorney General,
Aug. 4, 1698.
(2) Extract of the charter to Massachusetts Bay sent
therewith.
(3) Address of the Council of Massachusetts, July 16, 1691
(CaJ. 1691. No. 677 1.).
(4) Copy of Order of Council, May 27, 1697, mentioned in
above address. [Board of Trade. New England, 9.
Not.S8fS6l.-lH.', and, without first three enclosures, 37.
pp. 146-152.]
April 4. 235. Governor Day to Council of Trade and Plantations.
S Be^uda' 8 ' By the PP ortun % of Capt. St. George Tucker, who left here for
London Oct. 15, I gave an account of my arrival, Aug. 16, and of
the condition in which I found these islands and what methods I was
using to redress all grievances and settle the Government in unity,
peace and concord by calling a Council and General Assembly and
appointing an Attorney-General and other proper officers with
what expedition my then short residence would admit of. In
pursuance of my instructions in relation to my predecessors, Col.
Isaac Richier and Col. Goddard, I have had some examination into
their differences and about the imprisonment of Mr. Richier, and
found he lay in prison at the suit of Nicholas Trott, Esq., late
Governor of the Bahamas, only, and thereupon he, giving in
8 COLONIAL PAPERS.
1699.
security of '2,000 to answer the prosecution of the said Governor
Trott in England, by the advice of the Council he was set at
liberty, and so continued ever since. By Capt. Benjamin Stow of
these islands I received ten barrels of gunpowder, three flags with
halyards and two rhemes of cartridge paper, which I have ordered
to be put in the magazine. H.M. Frigate Sunprize (sic ; Surprise
elsewhere), Capt. Edward Briscoe commander, in the room of
Capt. Watts, deceased, arrived on Jan. 24th, with an order to follow
my orders in bringing over the late Governor and some others,
which accordingly he hath done. I acquainted Col. Goddard and
Col. Eichier, who have had continual differences together, and
advised them to be expeditious with their affairs, in order to embark
for England. The ship arrived in bad weather, which here continued
more severe than usual at this time of year. We have given her
our utmost assistance and some provisions for her voyage. I have
taken a particular care for the apprehending and subduing pirates
and sea-rovers, and have actually seized and committed to prison
two notorious pirates of Avery's crew, by name Daniel Smith and
Benjamin Griffen, and herewith sent the copies of two affidavits
given in against them. But the said Benjamin Griffen by the
villainy of his keeper, William Brice, together with him, did on
Feb. 25 make an escape, and they with others, viz. Henry Pulleyne,
son of Thomas Pulleyne, Esq., studmaster to his Majesty, James
Hilton of this island, Boaz Bell, jun., Thomas Stow, jun., William
Evans, Samuel Apowen, James Burchall, James Branton, John
Janson, servant to the said Henry Pulleyne, and Samuel Jones,
an apprentice, have run away with a sloop of these islands and
have taken seven Granado shells filled, and a barrel and an half
of shot out of His Majesty's magazine, so that it may be reasonably
judged they are gone upon some villainous enterprise. However,
I have sent letters to all the neighbouring Governments for their
being retaken and dealt with according to law, but the said Daniel
Smith is still in custody, and I shall securely keep him until I
shall receive further directions. I received two letters of Sept. 20
and Nov. 23, wherein you make mention of some French prisoners
being detained in his Majesty's Plantations, and of one Captain
Kidd and his gang being abroad in some of our parts in America.
In all obedience whereunto I have made a strict and narrow
enquiry throughout these islands, but cannot hear that ever any
of the Frenchmen have been here or now are, nor that the said
Kidd or any of his gang are in these parts. Signed, Sam. Day.
Endorsed, Ap. 4, June 7, 1699. Enclosed,
235. i. Duplicate of above.
235. ii. Deposition of Daniel Johnson, junr.. Mariner Master
of the Sloop St. Georges now riding at anchor in
these islands. About Sept. 15, being at Curacao in the
said sloop, he met with Daniel Smith now in custody,
who said that he came off from Bermuda in the sloop
whereof Mr. Samuel Spofforth, Jeremiah Burges and
others were owners, in which came also Thomas
Peniston and Daniel Newton. He added that being
lately in the East Indies he met with a vessel called the
Fansye, whereof one Capt Every was master, and
AMERICA AND WEST INDIES. 129
1699.
that Benjamin Griffen, now also in custody, was then
in company with him, Daniel Smith, and their vessel
proving leaky they went on board the Fansye and
meeting with a vessel at sea they took her and were
informed by her of another larger vessel of great value ;
which they also engaged and took and had for each
man's share twelve hundred pounds in silver and gold,
and that William Griffen, brother to the said Benjamin,
was also in company with them, who was lately in these
islands, and that 'the first land they came to was
Eleutheria and then to Providence, and further sayeth
not. Sifjned, Daniel Johnson. Sworn Jan. 12, 1698,
before His Excellency Samuel Day, Esq., Governor.
A true copy, certified by Charles Minors, Secretary.
285. m. Duplicate of above.
235. iv. Deposition of Sarah Birch of Sandysats, Somerset
Tribe, Dec. 30, 1698. About five years since her
husband, John Birch, with William Griffin and Daniel
Smith sailed from hence to Saltitudoes and thence
to Carolina. Griffin and Smith acquainted her that
they, with her husband, sailed from Carolina to
Madagascar, and they two betook themselves to another
vessel which they went a-roving in, and that John Birch
sailed in the vessel he arrived in and likewise went
a-roving, and after nine or ten months or thereabouts
both the aforesaid vessels met at Madagascar ; and they
told her the booty of the vessel her husband was in was
divided and that it amounted to 800 a share, of which
her husband had one share. Griffin and Smith owned
that their company robbed all the ship's company that
Birch was in, and said that Sarah Birch should not
want for five pounds, and afterwards told her that if she
would come to either of them she should have ten or a
dozen pounds. Witnessed by Tho. Shepperd, B. Halsted.
Signed, Sarah Birch, her mark. Copy.
235. v. Duplicate of above. [America and West Indies.
Bermuda, 477. Nos. 56, 56 i.-v.]
April 4. 236. William Popple to Sir Thomas Trevor and Sir John
Whitehall. Hawles. The Council of Trade and Plantations, having under
consideration the draft of a Commission for Col. Codrington to be
Captain-General and Commander-in-Chief of the Leeward Islands,
desire your opinion as to whether the words " as also upon
soldiers in pay " be legal and fit to be continued in the Commissions
to Governors at this time. The words occur in the clause relating
to Martial Law, which has been in all Commissions to Governors
of His Majesty's Plantations these many years ; " We do hereby
grant unto you full power and authority to levy, arm, muster,
command and employ all persons whatsoever residing within the
said Islands and Plantations and, as occasion shall serve them, to
transfer from one Island to another, for the resisting and with-
standing of all enemies, pirates and rebels both at land and sea,
and to transport such forces to any of our Plantations in America,
12206 I
30 COLONIAL PAPERS.
1699.
if necessity shall require, for defence of the same against the
invasion or attempts of any of our enemies ; and such enemies,
pirates and rebels, if there shall be occasion, to pursue and
prosecute in or out of the limits of the said Islands and Plantations,
or any of them ; and if it shall so please God them to vanquish,
apprehend, and take, and being taken either according to the Law
of Arms to put to death or keep and preserve alive at your
discretion ; and to execute martial law in time of invasion,
insurrection or war, as also upon soldiers in pay, and to do and
execute all and every other thing and things which to a Captain
Genera] doth or ought of right to belong, as fully and amply as any
our Captain General doth or hath usually done." [Board of Trade.
Leeward Islands, 45. pp. 351, 352.]
April 6. 237. 1. Petition of Edward Chilton, of the Middle Temple,
Whitehall. Barrister-at-Law, who was for several years Attorney General of
Virginia, praying His Majesty to appoint him Attorney General of
Barbados. Signed, E. Chilton. Beautifully written.
2. Order of Council referring the petition to the Council of Trade
and Plantations to consider and report thereon. Signed, James
Vernon. The it-hole endorsed, Reed. Read April 19, 1699. 1 p.
[Board of Trade. Barbados, 7. No. 83 ; and 44. p. 250.]
April 6. 238. Order of King in Council approving the Representation
Kensington. O f March 30 (Newfoundland), and instructing the Council of Trade
' to give the necessary directions to the several offices for the speedy
dispatch of the matters proposed. Signed, John Povey. Endorsed,
Reed. Read April 13. [Board oj Trade. Newfoundland, 3. No. 131 ;
and 25. p. 284.]
April 6. 239. Orders of King in Council to the Treasury, Ordnance
Kensington. an( j Admiralty Offices to give the necessary directions to put the
proposals of the Council of Trade, March 30, touching Newfound-
land, into execution. 2 pp. Endorsed, Reed. Read April 13, 1699.
[Board oj Trade. Newfoundland, 3. No. 132 ; and 25. pp. 285-286.]
April 6. 240. Minutes of Council of Barbados. Col. Leshly (Leslie?)
" was sworn a member of the Assembly. Mr. Lane was ordered
to attend next Council Day. 55 for James Mashart, Clerk to
the Committee for Public Accounts, passed. The Assembly
attended and presented a Bill entitled .an Act to repeal a clause
in an Act entitled an Act to ascertain the duty of masters of
ships and merchants for the payment of an impost of powder
on the tonnage, and a supplemental clause to the said Act was read
three times and passed by His Excellency and Council nem. con.
and ordered to be published by beat of drum. [Board oj Trade.
Barbados, 65. pp. 390, 391.]
April 7. 241. Minutes of Council of Massachusetts. Select-men of
Watertown and William Johnson, J.P. in Middlesex, summoned
to appear about a disorder there. [Board oj Trade. New England,
49. p. 198.]
April 7. 242. Attorney and Solicitor General to Council of Trade
and Plantations. We are of opinion that the word Insurrection and
AMERICA AND WEST INDIES. 181
1699.
likewise these words, as also upon soldiers in pay, should be left
out in Col. Codrington's Commission, and then the clause will
run thus, "and to execute Martial Law in time of invasion or
war," and this we think is as far as can be justified by law.
Signed, Tho. Trevor, Jo. Hawles. Endorsed, Reed. April 10,
Read April 12, 1699. [Board of Trade. Leeward Islands, 6.
No. 12 ; and 45. p. 353J
April 8. 243. J. Burchett to Wm. Popple. There being a convoy going
Admiralty to Newfoundland, which probably may sail from the Buoy of the
fice ' Nore in three or four days, if there are any heads of enquiries to
be made at Newfoundland you will please to hasten the same
hither, that so the Commander of the Convoy may be directed to
make them accordingly. Sinned, J. Burchett. In case it shall be
thought necessary to give this convoy the like heads of enquiry as
the last had, without any alterations or additions, I will take care
to see it done upon receipt of your answer. Signed, J.B. Endorsed,
Reed. April 10, Read April 12, 1699. [Board of Trade. Newfound-
land, 3. No. 133 ; and 25. p. 281.]
April 9. 244. Minutes of Council of New York. Trial of the
mariners that ran away with the Adrentnre and were seized in
Connecticut decided to be in the Courts of that colony. Pro-
clamation ordered promising rewards, etc., for seizure of seamen
concerned.
April 11. 16/., a Match Coat, a pair of pumps, a pair of stockings and a
blanket allowed to Arnout the Interpreter, who went to the
Onnondages with Capts. Bleeker and Schuyler.
Survey of land ordered on the petition of William Hallet.
April 38/. paid to Jan Baptist for several journeys to Onnondage.
12 and 13. 51 12s. paid to Richard Plaistead, doorkeeper to the last Assembly.
[Board of Trade. New York, 72. pp. 218-221.]
April 11. 245. Minutes of Council of New York in Assembly.
Instructions to Capt. Johannes Bleeker and Capt. John Schuyler,
messengers to the Indians, approved. Bill for establishing Courts
of Judicature sent up and read the first time.
The Governor communicated his instructions that a law be
passed about the value of estates to qualify Jurors, about facilitating
the conversion of negroes and Indians, and the building of public
workhouses. Sent down to the Representatives, to whom the
building of a handsome, well-contrived Town-house and a good
gaol was recommended.
Preparation of a Bill for the regulating of elections recom-
mended.
April 12. The Indemnifying Bill was brought up amended, and sent down
to be engrossed.
April 13. Clause added to the Instructions of Captns. Bleeker and Schuyler,
that if the French or French Indians should make any insult upon
our Indians, they would do well to resist force with force, and that
H. E. will assist them as far as he is able. [Board oj Trade. New
York, 72. pp. 763-766.]
April 11. 246. Minutes of Council of Massachusetts. Speedy payment
of the apprehenders of Bnulish ordered. Treasurer's account of
L32 COLONIAL PAPERS.
1699.
sales of peltry approved. Select-men, and Simon Stone, Joseph
Sherman and Mr. Justice Johnson of Watertown heard. Warrants
for choosing officers declared irregular and Stone and others
pretending to be Town Officers directed not to disturb the peace of
the town by acting as such ; Mr. Justice Johnson admonished to be
better advised for the future. [Board of Trade. New England, 49.
p. 203.]
April 12. 247. William Stoughton to Mr. Secretary Vernon. The
Boston. affairs of New York necessarily detaining Lord Bellomont, so that
he has not yet had an opportunity of visiting this part of his
government obliges me to give your Honour the trouble of these
lines, by your Honour's hand humbly to represent unto His Sacred
Majesty the state of this His Majesty's Province. Enjoying the
advantages of the happy peace, and freedom from the vexations,
molestations and incursions of the bloody savages who broke forth
into rebellion, and for many years continued to make depredations
upon the out-towns and Plantations, killing and captivating of His
Majesty's subjects as they could find opportunity, the said Indians
deprived of the assistance of France have submitted, whereby His
Majesty's subjects are encouraged to hope that they may have
some respite to recover themselves out of their poverty and suffer-
ing whereunto they have been plunged by so tedious and wasting
a war, and to that end are applying themselves with utmost
industry for the resettlement of their desolated Plantations and
improvement of the Fishery. Some hundreds having their sole
dependence upon the said Fishery, and would be driven into
pinching want should they be interrupted therein by the French,
whose unjust and groundless pretensions lately made unto the sole
right and privilege of the same on the high seas off and about the
Coast of Nova Scotia or Accadie, including Cape Sables, has put them
in fear, and moved the Government to make their humble addresses
unto His Majesty on that occasion, as also relating to the challenge
of the French to extend their bounds farther westward, unto
Kennebeck River, I pray your Honour's favour therein, a speedy
setting aside and removing of those unreasonable demands of the
French will much conduce to the preservation of His Majesty's
interests and good settlement of this his province.
About March 19 arrived at the east end of Long Island the ship
or hakeboat Adventure of London, burthen about 350 tons with
22 guns, Thomas Gulleck late commander, which sailed from
Gravesend, March 16, 1698, bound to the Island of Borneo in India,
upon an interloping trade, being set forth by Capt. Henry Tate
and Capt. Hammond, who keep a brewhouse in Thames Street,
Mr. Samuel Shepard and the Heathcotts, merchants in London,
and having proceeded so far onwards of her voyage as Polonais,
there stopped to water; and the said commander with several of the
officers, mariners and some passengers being on shore and the boats
gone on board with water, the rest of the ship's company conjoined
and conspired together to leave them and run away with the ship
and lading, Sept. 17. They cut the cable and brought the ship
to sail, offering the yaule to some of the company that refused to
join with them in the piracy to transport them to the shore.
AMERICA AND WEST INDIES. 133
1699.
Several went off in her to the island ; the surgeon's mate and
two other youths they forced to stay. The chief mate also
with the boatswain and armourer not consenting in the villainous
act but unwilling to go on shore at the Island, they gave the
long boat unto them with necessary provisions, etc., three days
after, being then about 20 leagues from the land, in which they
went off from the ship. The remainder of the company on
board, being 25 or 26, made choice of one Joseph Bradish, the
boatswain's mate, to be their commander, whom they preferred for
his skill in navigation, and directed their course for Maurisias,
where they fitted the ship, took in some fresh provisions and two
young gentlemen named Charles Seymore and John Power, who
being on a voyage for India in a ship under the command of one
Capt. Pye, were unhappily left behind on the said island. From
Maurisias they came about Cape Bon Esperance, and in short time
after made a sharing of the money on board, which was contained
in nine chests stowed in the breadroom, and set forth three or
four and twenty single shares, besides the Captain's, which was
two shares and a half, weighing out the money. Some received
1,500, others 1,600 dollars for a single share. They afterwards
made a second sharing of broadcloths, serges, stuffs and other goods
on board. They stopped at the Island of Ascension, took some
turtle and fresh provisions in there, and then directed their course
for this Continent and arrived as aforesaid at Long Island, where
Capt. Bradish went on shore, carried the most of his money and
jewels with him, committed them to the custody of a gentleman on
the island, sent a pilot on board to remove the ship and bring her
to an island called Gardner's Island, but, the wind not favouring
them, ran over to Block Island within Rhode Island Government,
whence they sent two of the company to Rhode Island to buy a
sloop, but the Government there, having notice that a ship was
hovering about those parts suspected to be a pirate, seized the two
men and detained them, the intelligence whereof being carried to
the ship and some sloops being descried coming from the island
towards the ship, the company, fearing that they were manned
out from thence to seize them, forthwith came to sail and stood
off to seaward. The sloops following them came up with them,
and being informed what the sloops were, permitted them to-come
on board and bought one of them and hired another to transport
them and their money, allowing the sloopmen to take what they
pleased out of the ship, and having put their moneys on board the
sloops, sank the ship and got on shore, some in one place, some in
another, landing at farmhouses, where they provided themselves
of horses and scattered into divers parts of the country, the
Captain and some others with him coming into this Province.
Upon the first intelligence whereof a Proclamation was issued and
hue and crys sent through the Province and into the neighbouring
Government to pursue and seize all such of them as could be
found, with their treasure. The Captain with ten more of the
company are apprehended and in custody here in order to a trial,
who upon examination severally confessed the particulars before
recited, and a considerable quantity of money to the value of near
3,000/. with several goods and merchandize taken out of the ship
134 COLONIAL PAPERS.
1699.
are seized. Seven or eight more are apprehended within Con-
necticut Government, and pursuit is making after the rest. The
Justices of the Peace and other officers in their respective stations
have been very vigorous in the prosecution of these villains and
the people in general have a just resentment and abhorrence of
such vile actions, and the Government here will be very zealous
in the discountenancing and punishing of all such criminals.
Signed, Win. Stoughton. Endorsed, Ed. July 15. 3 pp. [Board
of Trade. New England, 9. No. 58 A.]
April 12. 248. William Popple to Mr. Burchett. The Lords Conimis-
Whitehali. sioners for Trade and Plantations desire you at present to send by
the convoy for Newfoundland the like Heads of Enquiry as were
given unto the last according to your own proposal, and to let them
know whether there be not some other convoy intended for New-
foundland in May or June next as usual, that they may against
that time prepare whatever they shall find further necessary and
that you would inform them of the names and force of the
convoys intended thither either now or then. [Board of Trade.
Newfoundland, 25. p. 282.]
April 12. 249. Journal of Council of Trade and Plantations. Letter
from Mr. Burchett, Ap. 8, read : instructions given for reply. Mr.
Hutcheson, formerly agent for the late Col. Codrington, attended
and doubted not Col. Codrington would refer himself entirely to the
Board as Mr. Lucas had done, but would speak to him about it.
Col. Handaside acquainted the Board with some hardships that the
officers and soldiers, left with him by Col. Gibson in Newfoundland,
lay under, and promised a more exact memorial in writing.
The clause about "soldiers in pay" in Col. Codrington's
Commission was altered in accordance with Mr. Attorney and
Solicitor General's advice.
April 18. Representation on Col. Codrington's Commission ordered.
Letters from Col. Winthrop, Governor of Connecticut, Oct. 27,
with Laws of that Colony read. Letter in answer prepared.
Attorney and Solicitor General asked for the despatch of
their opinion on the Laws of Pennsylvania in their hands.
Mr. Burchett's reply to yesterday's letter about convoy read.
Order of Council about deiiization, Nov. 3, read.
Order of Council, March 16, relating to Col. Fletcher, read.
Orders of Council, Ap. 6, relating to Newfoundland, read. Letter
ordered to the Earl of Romney and Mr. Burchet. Mr. Thurston,
named by Col. Handaside as a person proper to be agent for the
Company left at Newfoundland, ordered to attend.
Memorial from the Proprietors of East New Jersey, Ap. 3, read.
Reply ordered to Mr. Dockwray that their Lordships intend to offer
to His Majesty in Council on Thursday that a trial at Bar be had
in Westminster Hall on a feigned issue, according to the proposal
of the Proprietors in the end of their late petition, whereby their
claim to a Port at Perth Amboy, together with the right of govern-
ment of the Province of East New Jersey, upon which that claim is
grounded, may receive a judicial determination. Copy of their
grant ordered to be taken. [Board of Trade. Journal, 11.
pp. 435-439 ; and 96. Xos. 58 and 59.]
AMERICA AND WEST INDIES. 185
1699.
April 13. 250. Governor the Earl of Bellomont to the Council of Trade
New York, and Plantations. By perusing the papers I send with this letter
you will be informed particularly of our Indian affairs. In the
Message to the Fire Nations you will find that the Commissioners,
who are all the Magistrates of Albany, notify to the Five Nations
of Indians the death of the Count de Frontenac, Governor of Canada,
and expostulate with them for having sent to treat with the Governor
of Canada about the release of some prisoners contrary to their
promise to me when I had the conference with them at Albany.
(<SW Calendar, 1698.) The next enclosure is the proposition of two
Indian Sachems, whereof Decanissore is one, a brave fighting
fellow that has done the French much mischief, and they have
mightily endeavoured to debauch him from us, but in vain. His
i- mil id mightily alarms the Magistrates of Albany, which produces
a consultation among 'em and their request to three of their body
to go to the Indian Castles and dissuade our Indians from going
or sending to treat with the Governor of Canada for the delivering
of some few of our Indians that are prisoners. I enclose a copy of
that request, of Col. Schuyler's letter giving me an account of a
message from our Indians by John Baptist who was sent to 'em
from Albany, and the result of that message, three minutes of
Council and five minutes relating to a conference between the
Council and House of Representatives about the preparing instruc-
tions for our Messengers to the Five Nations and the said
instructions. The foregoing papers contain everything that has
been transacted between the Indians and me since I last writ, and
it is easy to perceive by them that the Indians are very
much disturbed and terrified by the French, from two reasons
chiefly: their own decrease in number and strength, from
near 3,500 men that they were at the beginning of the war
to about 1,100 now, and the slender appearance we make on
the frontier in the poorness of our forts and weakness of
our garrisons makes us contemptible in their eyes, whereas
the French at Canada allure 'em chiefly by the good figure
they make, and several good forts of stone and especially Cadaraque
fort which Col. Fletcher neglected two years together to demolish
when the French had deserted it, that fort lying so on the skirts
of our Indians as to incommode them extremely in the time of
war. So that upon the whole matter it is apprehended by the* most
knowing people here that we shall entirely lose the Five Nations,
unless an effectual and speedy course be taken to retrieve their
affection, which course must be, with submission, the building
good stone forts at Albany and Schenectade, which may be done in
both places for 8 or 9,000 according to Col. Romer's computation,
and by keeping good garrisons there. I am so strongly persuaded
your Lordships will be convinced by that cogent argument, necessity,
and will send me orders for building those forts, that I intend very
speedily to order the raising of stone for making the walls and
for burning lime, and though our treasury is very poor and
much indebted, I will pinch money any manner of way from other
uses rather than this so necessary work shall be delayed. The
providing for it will be some encouragement to our Indians and
likewise to our own people, who think that if we lose our Indians
5 COLONIAL PAPEftS.
1699.
they shall be undone, and the province will be lost ; and indeed I
am of their mind. I have spent much thought how to find out and
settle a trade with new Indians, for which end I have discoursed
several people here, and Mr. Livingston among others, and his
memorial on that subject goes herewith. I should be glad we
could bring that trade to New York with the Indians he proposes ;
it would be for the advantage of this province, and somewhat for
my credit too, but as 'tis the interest of England I chiefly meditate,
I reckon I should abuse your Lordships if I did not freely own to
you that Carolina lies infinitely more commodious for a trade with
those nations of Indians which are called the Shateras, Twich-
twicht and Dowaganhas Indians, and a world of other nations,
which some of our Indians at Albany told me were as numerous as
the sands on the sea- shore. 'Tis, if I mistake not, in the county of
the Dowaganhas that the French have built a Fort under the conduct
of M. de Tonti, where they keep a garrison of 30 men, but with that
little fort and garrison, by the help of their missionaries and the
trade thither from Canada, they make a shift to manage a very
profitable trade with those nations. 'Tis not agreeable to reason
that we from this province can so conveniently trade with those
Indians as the people of Carolina may, we having 700 miles
to go, and they not above 100 or 150. They can afford English
goods as cheap as we, and either of us much cheaper than the
French. I should advise your Lordships' directing the Governor
of Carolina to apply himself industriously to open a trade with
those Indians. Here is a gentleman now in this town who was
a few years since among them, with some other English ; he tells me
they were very fond of trading for English commodities. What
they [the French] cannot do by enticement, I mean debauching
them away to go and live in Canada, they destroy clandestinely by
their Indians in hunting, they directing, as I am told, their Indians
when they meet 'em to knock 'em on the head, by which means
ours must soon be totally destroyed. Therefore it is that I propose
the finding out now in time of peace a trade with those remote
Nations. Surely the French will not pretend to the propriety of
that vast country, or, if they should, would England truckle to
'em. I have been so free with Col. Nicholson and Col. Blakiston,
Governors of Virginia and Maryland, as to put them in mind of
opening a trade with the Indians that lie at the back of those
countries ; perhaps they may think me impertinent to pretend to
advise them. Some people at Albany are jealous that Mr. Dellius,
the Dutch minister there, betrayed us when he went with Col.
Schuyler to notify the peace to the Governor of Canada, and I
confess I am not free from a jealousy myself, when I consider how
extraordinary desirous he was to be sent, and that the Governor
sent afterwards to four of the Five Nations to offer them peace,
but excluded the Nation of Mohacks, which was a surprising thing
to all people here and never known to be done by the French
before. That man is capable of any mischief whatsoever. I
acquainted you after by return from Albany of his circumventing
the Mohacks and what impudent lies he told me before the
magistrates of Albany. Since that, my Lieut. -Governor being
sent by me to Albany to watch the French, who threatened
AMEBICA AND WEST INDIES. 137
1699.
to make an incursion on our Indians, he endeavoured to
make a breach between him and me, and invented an untruth
to put my Lieut. -Governor out with some honest men at Albany,
whom he had a pique to, as my Lieut.-Governor's certificate will
show, and which he found out Mr. Dellius had forged in prejudice
to those men. He has for several years kept a correspondence with
the Jesuits at Canada, which gave people a jealousy he was popishly
affected. In Capt. Leisler's time there was a letter intercepted
from a French Jesuit at Canada to a Jesuit that was on a mission
to our Five Nations ; the messenger had an instruction wherein
some papers were mentioned : and Capt. Leisler thinking it for the
King's service to have a sight of those papers, and the letter and
instruction together leading him to believe Mr. Dellius was privy to
that matter and knew where the papers were, sent to him at Albany
to come to him here at New York. Mr. Dellius fled and was absent
till Leisler was made a prisoner by Col. Slaughter, and then he had
the courage to appear and contribute all he could, with Bayard and
Nichols, to bring Leisler and Milburn to their unfortunate end.
This letter of the Jesuits I was very curious to see, but could not
get a sight of it. It was found at last in the Secretary's office and
I send a copy of it. His Dutch name is Dell, as in the letter, but
it seems in the schools in Holland it is the custom to make the
names Latin, at least of those that are bred Divines. He is a most
proud, wicked man, and so contentious that he has divided the
people at Albany into factions and parties, who would otherwise
have been all united. A man of his own party, that is of the
contrary party to Leisler, and a dweller at Albany, owned
to me that Dellius kept up divisions among the people there,
and that it were happy if he were out of the province. I
am told the Assembly intend, for the scandal of "his life and
his fraud to the Mohack Indians, to expel him the province.
He has, as I formerly wrote to your Lordships, a personal hatred to
the King ; and has spoke very reproachfully of his Majesty. Till my
going to Albany he would never pray for King William (and
that made the quarrel between Capt. Leisler and him), but because
he would be safe his manner was always in the pulpit to pray for
the Crown of England. Another instance of his wickedness comes
within my knowledge. The present Mayor of Albany and two
or three other honest men of that town were much pecked at
by Dellius and persecuted, insomuch as he threatened to excom-
municate them, whereupon they forsook his Church. The Mayor
coming here to York told me this, but I persuaded him at his return
to be reconciled to Dellius, and, since there was no other Minister,
to go and hear him preach. Accordingly he employed one to
reconcile him, but Dellius sent him word 'twas in vain to seek
a reconciliation, and so refused absolutely. I can prove by the
oaths of very credible persons several immoralities of his life,
as drunkenness and the like. I should not have been so particular
about him in this letter, but that I understand there are letters
newly come to this town from Bayard in England, wherein he
makes the faction here believe that his complaints against me have
been very favourably heard by your Lordships, that Col. Fletcher
upon a hearing before your Board, in answer to the accusations
8 COLONIAL PAPEES.
1699.
I sent over against him, was cleared and that there would be
an order sent to me to cancel the bond of 10.000 which he and his
securities entered into ; that there was a petition to your Lordships
against me signed by a great number of marchands in London,
and that a minister was sent by the Classis at Amsterdam to
complain of me for my ill-usage of Mr. Dellius. This news has
much heartened the factious people here, and they hope the interest
of the Classis of Divines will ruin my interest at Court, and Mr.
Yesey, the Minister here, has told me he has been urged very much
by the angry people here to complain home of my design of
vacating Col. Fletcher's lease to the Church here of the Governor's
demesne called the King's Farm, and by other hands I am told
they propose to raise a storm against me upon this very account,
and to imbroil me with the Bishop of London, and they argue thus
Sir Edmund Andros for quarrelling with Dr. Blair in Virginia
brought the resentment of the Bishop of London and the Church
(they say) on his head, which is the reason he has lost his Govern-
ment, and by the same rule they would get me recalled by making
this a Church quarrel. Col. Fletcher would never part with this
farm during his own government, until November, '97, that he
heard for certain I had the King's Commission, and then he makes
this lease to the Church and antedates it in August ; so that his
kindness to the Church was to be at his successor's cost, not at his
own. Besides Mr. Attorney-General assures me that, in Col.
Dongan's time, he to make his court to K. James desires this farm
might be appropriated to the maintenance of a Jesuit school ; but
K. James (bigot though he was) refused, saying he would not have
his Governors deprived of their conveniences. As to Mr. Bayard's
complaint against me, when I know what it is, I do not doubt to
'answer it to your Lordships' satisfaction in all points. As to the
petition of some marchands in London, I must believe there is
something personal in their prejudice to me. I know there is a sort
of men called Jacobites that hate me for several reasons, and one
is, because I don't love them. I did not imagine that the suppressing
of piracy here and checking unlawful trade would render me odious
to the marchands in London. Signed, Bellomont. Endorsed,
Reed. Aug. 31st. Bead Sept. 6, Dec/8, 1699. 5 pp. Holograph.
Enclosed,
250. i. Abstract of above letter. 1 J pp.
250. n. Copy of a message from the Commissioners for
Indian affairs to the Five Nations. At the City Hall
of Albany, Dec. 26, 1698. Present, Hend. Hanse,
Mayor; Jan Janse Bleeker, Becorder; the Aldermen
and Sheriff; Major Dirk Wessels ; Capt. J. Weems;
convened at the request of Col. Peter Schuyler and
Bobt. Livingstone, two of the Commissioners for Indian
affairs, approved of a message announcing the death of
Governor Frontenac, and enquiring whether it be true
that some of the Five Nations have sent a messenger to
the Governor of Canada with belts of wampum to treat
with him. If pp. Endorsed, -Reed. Aug. 31, Bead.
Sept. 6, 1699.
AMERICA AND WEST INDIES. 139
1699.
250. in. Copy of propositions of two Indian Sachems about
their having been to Canada and the design to send
messengers thither, Feb. 3, 1699. Dekanissore, a
Sachem of Onnondage, said, " A certain Indian of our
Castle called Cohensiowanne applied himself to us and
said since it was peace he was inclined to go and see
his father at Canada. It was debated among the
Sachems whether he should carry a belt of wampum
. with him, but they decided, why should we send any
belts to the French, since it is expressly forbid by our
Great Brother, Corlaer, H. E. the Earl of Bellomont,
to have any correspondence with them ? and so no belts
were sent." But later, he said, it was decided to send
three messengers with three belts of wampum and four
French prisoners to treat with the French for the
restoration of their prisoners, etc. Whereupon John
Baptist, the interpreter, was despatched with all speed
to stop those messengers. Carondowanne, a Sachem
of Oneyde, seeing everybody so much displeased, said
that he and many more with him were always of opinion
that this method of sending to Canada would be very
displeasing.
. Feb. 5 and 6. Further examination of Dekanissore
and the French prisoners. Signed, Robt. Livingstone,
Secretary for the Indian Affairs. Endorsed as preceding.
6pp.
250. iv. Magistrates of Albany to Col. Schuyler, instructing
him, Hend. Hanse and Major Dirk Wessels to go to
Onnondage and dissuade the Indians from going to
Canada. Feb. 4, 1699. Copy. Signed and endorsed as
preceding. 2J pp.
250. v. Col. Schuyler to the Earl of Bellomont, enclosing
John Baptist's account of negotiations with the Indian
messengers who have been at Canada. Albany, March 29,
1699. Copy. 1 p. Endorsed, Reed. Aug. 31, Read
Sept. 7, 1699.
250. vi. Account of the negotiations of the Indian Messengers
with the Governor of Canada. March 21, 1699. Copy.
Signed, John Baptist. 1 pp. Endorsed, Reed. Aug. 31.
Read Sept. 7, 1699.
250. vn. Copies of Minutes of Council, and of Council
and Assembly of New York, April 5th, 6th, 7th and
llth, 1699* relating to Indian affairs. Resolved, that
Johannes Bleeker and Capt. John Schuyler, with
Arnout Cornelise Viele and Jan Baptist van Epe
as interpreters, go to the meeting of the Indians at
Onnondage with instructions. Endorsed, Reed. Aug. 31.
Read Sept. 7, 1699. 2pp.
250. vin. Copy of Instructions to Capt. John Schuyler and
Capt. John Bleaker. You are to acquaint the Sachems
of the Five Nations that their treating with the French
is verj 7 ill taken by H. E., and to dissuade them
from like ill practices in the future, insinuating to them
:40 COLONIAL PAPERS.
1699.
the ancient Covenant Chain so often renewed at Albany
and particularly last summer. Various arguments
against their truckling to the French. Endorsed as
preceding. 4J pp.
250. ix. Memorial of Robert Livingstone of Albany to
Governor Lord Bellomont. The trade here, formerly
very considerable, is palpably gone to decay, owing
to the French instigation of the far Indians to be in
a continual war with our Five Nations, and threatening
them that if they should hunt on the other side of
the lake they would be destroyed by the French Indians.
To remedy this I propose the conclusion of a general peace
between the Dowaganhaes, Twichtwichs, Ottawawaes
and other far Indians, to be obtained by sending
200 Christian inhabitants born in this country, who
understand the woods, joined with 3 or 400 Indians of
the Five Nations, taking such prisoners as they have
and presents with them, and in their going to make a
fort at a place called Wawyachtenok, where a party of
Christians are to be left. The far Nations will
undoubtedly receive them, notwithstanding the French
are there and have a pretended sort of possession by
laying a Jesuit and some few men in a small fort (for
wherever a Frenchman hath once set his foot, he claims
a right and title to the country). A peace once ratified
and hatchets buried, when they see the plenty and
cheapness of goods at Albany ; they will be encouraged
to bring all their trade thither, of all which the French
deprive us by their frivolous pretence of subduing those
Five Nations and converting them to the Christian faith
by their priests, when in reality it is nothing but to
seize a trade, which our slothfulness and negligence
hath given them the occasion of. April 12, 1699.
Endorsed as preceding. Copy.. 2J pp.
250. x. Certificate of Lt. Gov. of New York. When I was a
Albany, Sept. and Oct., 1698, Mr. Dellius informed
me that it was made criminal by some to acknowledge
me Lieutenant Governor of New York, but only as the
servant of Lord Bellomont. Signed, John Nanfan,
Dec. 14, 1698. Copy. 1 ^>. Endorsed as preceding.
250. xi. Copy of a letter to Father Millet, a Jesuit, men-
tioning Mr. Dellius, "Dominus Dell, Minister Albanensis,
vir honestissimus et nobis amicus," etc. Kebec,
May 6, 1690. Copy. 1 p. Latin. Endorsed as pre-
ceding. [Board of Trade. New York, 8 A. Nos. 21,
21 i.-'xi. ; and 53. pp. 342-353 ; and 45. pp. 37, 38.]
April 13. 251. William Popple to Sir Thomas Trevor and Sir John
Whitehall. Hawles. The Lords Commissioners for Trade and Plantations
have commanded me to desire that they may have either of your
opinions upon the Laws of Pennsylvania which I sent you
Jan. 7, 1698, with what speed you can, because much time is
already elapsed. [Board of Trade. Proprieties, 25. p. 399.]
AMERICA AND WEST INDIES. 141
1699.
April 13. 252. J. Burchett to Mr. Popple. The Mary galley, a fifth
Admiralty, rate, is already sailed towards Newfoundland ; the Hampshire, a
ship of the fourth rate now at the Nore is ready and I believe will
proceed in a few days, by which ship the Heads of Enquiry shall
be sent, as was the last year. Another ship of the sixth rate,
Deed Castle, is intended to follow on this service, and it's probable
she will not set forward before the middle of May, if so soon, so
that if any additional enquiries are to be sent by her, you will
please to order their being got ready by that time. The fourth
rate goes with the Trade up the streights, the fifth rate with what
shall be bound to Lisbon, Oporto, etc., and the sixth rate comes
directly for England with the sack ships. Signed, J. Burchett.
Endorsed, Reed. Read April 13, 1699. [Board of Trade. New-
foundland, 3. No. 134 ; and 25. p. 283.]
April 18. 253. Minutes of Council of Barbados. Mr. Secretary
Vernon's letter in relation to the Scotch being settled in America
was read and ordered to be published immediately by beat of drum
and read in all the Churches and afterwards put up in the public
places of the four towns in the island. Two proclamations, one to
restrain lawyers from demanding exorbitant fees and the other
against Regulators and Forestallers, ordered to be published.
[Board of Trade. Barbados, 65. p. 391.]
April 14. 254. Governor Sir William Beeston to the Council of Trade
Jamaica. an( i Plantations. I have received yours of Feb. 2, with His Majesty's
instructions about the Laws of Trade and the Book of Acts relating
thereto. I received the same some months since from the Lords
Justices, and then put that business into the best method I could
and gave an account thereof to the Commissioners of Customs and
having heard no more from them hope they are satisfied. I have
published a proclamation forbidding any Trade or Correspondency
in any kind with the Scotch at Darien, and heartily wish I had
leave to send vessels to bring away such of them as are willing to
remove, for they begin to want provisions and necessaries, and that
will make them start and it will be much better they were here, to
strengthen this country than to go amongst the French or Dutch
where they will be lost to His Majesty or his service. I transmitted
several papers by the Chatham and have written often for directions
about the soldiers in pay, what to do with them, now their
subsistence money grows out, but have not yet had the favour to
receive any notice about either. There is subsistence but for one
muster more, and I hope I have been a good husband to make it
last so long. The money in the Commissary's hand would subsist
them six months longer if I had order to employ it that way. I
have proposed to the Assembly that since their Body of Laws for 21
\ cars grow towards an expiration, that if they will pass the Revenue
Bill as it was made in my Lord Duke's time undeterminate, that I
will consent to pass their Body of Laws so too, which I think may
make a certainty to His Majesty's Revenue and remove all the
.scruples that have been made about that Bill. This startled them
at first and an adverse party in the house were strongly against
passing the Revenue perpetual. But the Council has had a
conference with them about it and some seem to come over, and
COLONIAL PAPERS.
1699.
April 14.
Whitehall.
April 14.
Whitehall.
April 14.
that they may have time to consider of it, have desired a recess,
which I have granted them to the 2nd May, at which time I hope
to find them in an inclinable temper to do it. Signed, Wm. Beeston.
Endorsed, Reed. June 29, Read Sept. 5, 1699. By the Providence,
Captain Shadwell. [Board of Trade. Jamaica, 8. No. 112 ; and
56. pp. 354-356.]
255. Journal of Council of Trade and Plantations. Col.
Codrington attending without desired the Secretary to acquaint
their Lordships that having understood from Mr. Hutchinson that
Mr. Lucas had submitted the differences between them to the
determination of this Board he was also ready to do the same.
Letter to Lord Romney re Newfoundland signed.
Letters to Mr. Dockwra re East New Jersey and Mr. Burchett
re Newfoundland agreed to.
Mr. Thurston expressing his willingness to transact the business
of the Company established at Newfoundland, ordered, that copies
of papers relating to its establishment be given to him that he
may with Col. Handaside's assistance prepare a memorial of what
may be necessary for them. [Board of Trade. Journal, 12.
pp. 1, 2 ; and 96. No. 60.]
256. William Popple to Mr. Dockwra. The Council of
Trade and Plantations command me to acquaint you that they
intend to offer to his Majesty in Council on Tuesday next that a
trial be had at the Bar in Westminster Hall upon a feigned issue,
whereby the claim of the Proprietors of East New Jersey may
receive a judicial determination. [Board of Trade. Proprieties, 25.
pp. 399, 400.]
257. Council of Trade and Plantations to the Earl of
Romney, Master General of Ordnance. In accordance with the
Orders in Council on our representation of March 30, we desire
information from the Office of Ordnance as to the progress being
made in providing the materials therein specified. Signed, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of
Trade. Newfoundland, 25. pp. 287, 288.]
258. William Popple to Mr. Burchett, requesting similar
information from the Admiralty. [Board of Trade. Newfound-
land, 25. pp. 288, 289.]
259. J. Burchett to Mr. Popple. Reply to preceding. His
Majesty's order dated 6th instant was brought to this office no
sooner than yesterday. My Lords of the Admiralty will give
the necessary orders to the Commissioners for Victualling to send a
quantity of provisions to Newfoundland to serve the soldiers there
until the ensuing year, but it is necessary they should be first
informed of the number of soldiers, and that as soon as may be,
that the opportunity of its being carried by the Hampshire may not
be lost ; by which ship the ten recruits may also be transported,
and therefore I must desire you will please to let me know where
those ten men now are and at what place and how soon they can be
most conveniently taken on board, the ship being now at the Buoy
of the Nore. My Lords will likewise give the necessary orders to the
AMERICA AND WEST INDIES. 143
1699.
Commander of the Convoy to take care that the seamen he assisting
on the works of the fortifications at Newfoundland, as far as the
same may be done without prejudice to the sea service, hut as
for the said Commander's being directed to dispose of the provisions,
which he shall find there, at a public sale for the use of the soldiers,
their Lordships desire to be first informed in what manner the
product of the said provisions is to be applied to the soldiers'
use, and how, and to whom and in what method the Commander is
to be accountable for the same, it being a thing that has not been
usually practised in the Navy, and their Lordships do submit
it to the consideration of the Lords of the Council for Trade whether
the officer commanding the soldiers at Newfoundland is not the
most proper person to dispose of the old provisions. Signed,
J. Burchett. Endowed, Reed. April 15, read April 17, 1699. '%pp.
[Hoard of Trade. Newfoundland, 3. Xo. 135 ; and 25. }>p. 289,
290.]
April 14. 260. Sir Thomas Trevor, Attorney General, to the Council
of Trade and Plantations. Iix obedience to your Lordships' order
of reference, I have considered the Acts passed in the General
Assembly of Barbados, mentioned in the annexed list, and as to the
first, ' ' the same being to give authority to the General Assembly
there to enquire into grievances and other breaches of the Laws
and to punish affronts and contempts done to the said Assembly
in such manner as is used in the House of Commons in England,"
I cannot tell how far it may be convenient or not to entrust such a
power with that Assembly, and therefore I submit the consideration
thereof to your Lordships' great wisdom. But I see no difficulty
in passing the other Acts mentioned in the said list. Signed, Tho.
Trevor. Endorsed, Reed. April 28, Read May 8, 1699. 1 p.
Enclosed,
260. i. List of Acts (referred to above) passed in Barbados
Aug. 9th Sept. 27th, 1698.
(1) An Act to declare and ascertain the rights and
powers of the General Assembly of this Island.
Aug. 9, '98.
(2) An Act to settle 500 per annum on his Excellency
for his habitation. Aug. 16, 1698.
(3) An Act for 2,000 for his Excellency's charges of
his voyage, towards the better support for the Govern-
ment. Sept. 7, 1698.
(4) An Act concerning the General Sessions. Sept. 7,
1698.
(5) An Act for the printing the Laws of the Island of
Barbados contained in the ensuing volume. Sept. 7,
1698.
(6) An Act to revive and continue an Act for laying
an Imposition on Wines and other strong liquors
imported this Island. Sept. 27, 1698.
(Act (1) /* marked disapprove, Acts (3) and (5) approve, and
Act (6) expired, in tlt<> manjin, <i]>j>(irc>ttli/ Inj the Attorney General.)
[Board of Trade. Barbados, 7. Nos. 86, 86-1. ; and 44. pp. 257,
258.]
144 COLONIAL PAPERS.
1699.
April 14. 261. Minutes of Council of New York in Assembly. Bills
for restraining and punishing privateers and pirates, repealing an
Act entitled an Act for regulating damages done in the time of the
late disorders, and for regulating Jurors, sent up and read the
first time.
Anthony Blunt and Jonathan Bennet committed to the custody
of the Serjeant at Arms, being suspected of bringing goods ashore
from the Adventure.
Thomas Rothburn committed to the custody of the Serjeant at
Arms until he find security not to depart this province without
leave from the House.
April 15. Samuel Burt gave an account of the sinking of the Adventure.
He and Capt. Ebenezer Willson, who farmed the excise of the
Island Nassau, ordered to give an account thereof.
Anthony Blunt and Jonathan Bennet released on giving security.
Three Bills read yesterday read the second time and committed.
The Indemnifying Bill, returned engrossed, passed. [Board of
Trade. New York, 72. pp. 766-772.]
April 15. 262. Governor Day to Council of Trade and Plantations.
Bermuda. Begins as (No. 235). In pursuance of my instructions, I recommend
for Councillors Samuel Sherlock, Capt. Benjamin Wainwright,
Major Wm. Tucker, Joseph Darrel, John Gilbert, and Benj. Hinson,
as loyal and honest men. I convened the Assembly on Oct 31, and
I enclose the answer they returned to the several matters I gave
them in charge, and the indefinite Acts passed after many sittings,
for I find the people here rather inclined to their private interest
and to animosities than to a public general good and welfare, being
especially instigated thereto by the evil and dangerous counsel and
insinuation of several busy, unquiet and dissatisfied persons, who by
their being much related and having the faculty of words, do over-
rule and carry all elections and either encourage or scare at their
pleasures, insomuch that when the Representatives assemble together
several malicious and libellous papers are foisted in with purpose to
direct their proceeds and consultations for gratifying their private
humours. The managers of the House are guided by the directions
of factious and discontented persons, particularly by Anthony White,
Charles Walker, Capt. Thomas Harford and John Dickenson, who
live about the heart of the country at a place called the Flatts in
Smith's Tribe, where they have their meetings, so that they have a
transcendency and influence over the commonalty of the people,
whom they manage without respect to the honour and authority of
the King. They take upon them to be judges and interpreters of His
Majesty's instructions, and represent their Governors, especially at
their first coming, either to be arbitrary and illegal or to be made a
Nose of Wax and used accordingly. Where they can't scare they will
persuade the innocent, misled people from their bounden allegiance.
Since my arrival they have even declared in my presence that they
will have a Bermudian Governor, otherwise they shall never live
easy or well, and that to effect it they have sent to England one
thousand pounds, and doubt not but that will do. I hope all this
will move your Lordships to disfranchise the transgressing persons.
I gave in a memorial to the Assembly about the Regicides' lands
AMERICA AND WEST INDIES. 145
1699.
but cannot get any satisfactory account from them, their interests
being so linkt together, that they will not make any discovery, nor
produce their titles. There are several shares of land here and
slaves which of right belong to His Majesty, and I therefore move
your Lordships to issue a writ of melius inqmrendo or other
Commission to do His Majesty justice. I recommend as fit persons
Gilbert Nelson, John Brook, and Roger Crane, who are livers here,
not natives, from whom impartial justice must not be expected in
this case. The country is much in debt and their stock low, there
being but 244 14s. in the Treasury and the public castle, forts
and fortifications are much out of repair, and no house for a
Governor here built, but cannot persuade the Assembly to pass
an Act for raising money for our occasion otherwise than on
liquors, and no vessel hath brought in any since my arrival, nor
will they set a reasonable value on money; they make such a
practice of clipping and diminishing their money that I cannot
get such an Act to pass. I send you the several species of
money and the weight and how much the} 7 abase it. I have taken a
particular care for the apprehending Pirates and Sea Robbers
and have gotten an Act to pass against them.e/c. as No. 235. I have
appointed a Naval Officer as instructed under a bond of 1,000
with good security for his faithful performance. I have established
several Courts of Judicature, and appointed the most knowing
and skilful persons I could be informed of judges and officers, but it
would be much conducent to His Majesty's service if a person
learned in the law were here resident in the station of Chief
Justice, the people here being much inclined to law suits, there
being at an Assizes lately no less than nine actions against the late
governor for matters done in the administration of his government.
I send an account of the stores in the castle and forts and of
the public lands now enjoyed, as belonging to His Majesty, the
governor and other officers in these islands, and also of what slaves
ought and by the constitution of these islands have belonged to the
respective officers, and to what number they are now reduced,
insomuch that I have none for my necessary accommodation,
but only aged and impotent slaves and children. What I have
occasion for I am forced to hire, as do the rest of the officers,
who have none. I have erected a Court of Exchequer to
make discovery of public lands and slaves concealed. I send
you the number of inhabitants here and a copy of the return
of the dcdimus potestatem by which I took the oaths of Govern-
ment, etc. In order to enable Col. Goddard and Mr. Richier
to settle their affairs and embark on the Sun prize for England
(\<>. '23o). I appointed several meetings with them together.
After they had interchangeably entered into bonds each to the
other in 2,000/., Col. Goddard restored to Mr. Richier several
goods and things in specie or value heretofore taken from him.
Mr. Richier said he had no other demands to make of Col. Goddard
here. I have offered them commissions for examining witnesses
on the differences between them and particularly to Mr. Richier
I have granted upon his request my warrant, Feb. 18, for taking
his evidences in the country and another, March 23, for bringing
them to town and taking their examination before me. He
146 COLONIAL PAPERS.
1699.
brought them to town but utterly refused to have them examined
by me. There is here one castle and five forts which might
be of great use for the defence of these islands, if we had here
an engineer or skilful gunner. In case of any foreign invasion
these islands would be much exposed, for although they are much
environed by Nature, yet many strangers by frequent coming have
gained the knowledge of our channels. They bring in their vessels
by day and night without pilots. A competent number of
experienced soldiers fit to mount and relieve the castle and forts
would conduce to their safety. Signed, Sam. Day. Endorsed,
Brought by Mr. Robt. Halsted, who lodges at the Crown and
Dial, a goldsmith's in Fleet Street. 4 closely written pp., with
abstract of foregoing on p. 5. Enclosed,
262. i. Duplicate of above, dated May 2. Endorsed, Reed.
June 10-14, Read July 3, 1699. '
262. ii. Return of the dedimus potestatem by which Mr. Day
took the oaths (powers given to Samuel Trott, Nicholas
Trott, Matthew Newman and Roger Crane). 4 strips.
262. in. Copy of preceding. Endorsed, Reed. June 10, 1699.
262. iv. Account of the inhabitants of the Bermuda Islands.
(Jan. 1, 1699.) Endorsed, as above.
Able to Christened
bear Jan. '98
White. Men. Women. Children. Arms. Jan. '99. Buried.
1 St. George's Parish - 190 239 851 180 34 27
2 Hamilton Tribe - 70 78 173 65 7 27
3 Smith's Tribe - - 67 89 140 65 8 2
4 Devon Tribe - - 56 92 145 56 8 4
5 Pembroke Tribe - 87 135 177 75 22 5
6 Pagitt's Tribe - - 78 96 149 73 12 3
7 Warwick Tribe- - 93 87 246 91 9 1
8 Southton Tribe - 101 115 216 97 19 3
9 Somerset or
Sandy's Tribe - 61 119 165 62 13 2
Totals 803 1050 1762 724 132 47
Black.
1 St. George's Parish - 87 102 155 82 12
2 Hamilton Tribe - 52 72 129 52 1
3 Smith's Tribe - - 62 75 114 60 4
4 Devon Tribe - - 54 68 99 54 2
5 Pembroke Tribe - 63 74 85 57 9
6 Pagitt's Tribe - - 76 73 86 57 1
7 Warwick Tribe - - 41 54 123 38 5
8 Southton Tribe - - 64 73 144 62 . 3
9 Somerset or
Sandy's Tribe - 67 58 97 67 4
Totals - - 566 649 1032 529 41
Examined, Charles Minors, Sec.
AMERICA AND WEST INDIES. 147
1699.
262. v. Copies of several proceedings in the Court of
Chancery of Bermudas ; Martha Johnstown and
Thomas Outerbridge, complainants, and William
Place, defendant. 16 large closely written pp. Endorsed,
as above.
262. vi. Answer of the Assembly to matters given them
in charge by Mr. Day. (1) The proposed duty of one
penny per pound on all tobacco exported has never
been practicable here and is repugnant to the interest
of the Planters and the Island. We propose, instead,
to defray the expenses of Government by a better and
more facile way, an imposition on liquors imported.
(2) The prison' and fortifications shall be considered
and repaired according to former custom. (8) As we
have no Christian servants transported hither we have
no need for a law to restrain inhuman severities
towards them. (4) We have long endeavoured to
convert our negroes and slaves to Christianity, but
find that the better they are instructed in religion, the
farther they are from conversion thereto. (5) We have
more employment than we can get done on good
payment, and therefore have no need of raising stocks
nor building workhouses to employ the poor. (6) We
intend to offer a bill for the restraint of pirates at a
convenient time. Cop?/. John Kidgell, Clerk of the
Assembly. 3 pp. Endorsed, as above.
2(52. vn. Account of Stores and Arms in the Castle, South-
ampton Fort, Queen's Fort, West Side Fort, Port Royal
Fort, the Magazine in St. George's and Smith's Fort.
4 pp. Endorsed, as above.
262. vin. An Account of the Public Lands and Slaves held
by the Governor and officers, 3 pp. Endorsed, as
above. '[Board of Trade. Bermuda, 3. Nos. 33,
33 i.-vin. ; and 29. pp. 138-148 ; and 39. pp. 6, 7.]
April If). 263. Victuallers of the Navy to the Treasury. As soon as
it shall be ascertained what the number of the men is, including
the ten men now to be sent, and that we receive orders for the
lading provisions for them, it shall be effected and then we shall
make an account of the cost of such provisions and apply for money
for the same. We did formerly send malt and mills to grind it and
coppers for brewing of beer, which we hope remain there and so
there will no need beer to be sent, but malt and hops proportionable
to the number of men. It will also be necessary that when we
receive orders for victualling these men, it may be inserted in the
order whether they shall be victualled at whole allowance for the
year or at short allowance, which is what hath usually been allowed
to soldiers, and for the ten men that are to be sent what allowance
of victuals shall be made them for their passage to Newfoundland
at whole or short allowance. Endowi!. Reed. Read, Ap. 28, 1699.
[Btta-rd of Trade. Newfoundland, 3. Xo. 136; and 25. p. 300.]
April 15. 264. Extract of a letter from M. de Pontchartrain to M.
le Comte de Tallard. Messieurs D'Ambliinont and Robert write
148 COLONIAL PAPERS.
1699.
that the English Commissioners have handed over to them the
French part of St. Christopher's according to the treaty of Ryswick,
but have refused to give up the houses occupied by the French
before the war in the English part or to enter into any negotiation
touching this question. They assert that they have exhausted
their powers. It is timely to ask for powers to be given to
Mr. Codrington to renew with M. D'Amblimont the treaties
made in 1655 and 1671 between the Governors of St. Christopher's
to establish communication between the two nations. Messieurs
D'Amblimont and Robert also write that they found all the
houses and shops ruined and demolished, wells spoiled and
filled, reservoirs burst, sugar canes eaten by cattle or burnt,
all within six or seven months, and that they have been informed
that the Governors gave the French houses to individuals on
condition that they destroyed them and carried off the debris. The
damage done to the houses alone is estimated at 135,000 livres.
They demand the execution of the treaties and that instructions
should be given to M. de Codrington to compel the individuals who
have done this shameful damage or who have made a profit out
of it to indemnify the French proprietors or at least to replace
at their own expense the materials they have removed. Endorsed,
Brought to the Board by the Earl of Jersey and Read May 24, 1699.
French. 2 pp. [Board of Trade. Leeward Islands, 6. No. 18 ;
and 45. pp. 363, 364.]
April 15. 265. Minutes of Council of Virginia. Only three members
of the Council being in town the General Court was adjourned till
the 17th. Several petitions being preferred for grants of deserted
lands and the petitioners producing negro rights to take them up,
a rule was made, according to the royal instructions, that no land
be granted to any others than H.M. Christian subjects coming to
reside here.
April 17. Mr. Benjamin Harrison excused his absence on the 15th on
the grounds of illness. The Attorney General presented an
oath to be taken by members of the Council as judges of the
General Court, and the Council disliking the distinction it seemed
to draw in the proceedings of the General Court between the
Common Law and Chancery, another oath was agreed upon for
the meantime requiring them generally to do justice, Further
settlement of the question referred to the General Assembly. A
new Commission of the Peace ordered for Kent County, Capt.
Thomas Bray, John Lewis, Nicholas Morriweather and George
Keeling being added to the list. Capt. John Aldred of H.M. 8.
Essex prize, allowed 10 barrels of powder from the gunner at
James City, to be repaid out of his supply from England if it
arrives before he sails or, if it does not, a certificate to the
Ordnance Office to be given by him. Proclamation ordered (signed
April 18th) that no Navigation Bond shall be put in suit within
eighteen months next coming, and requiring all who have such
April 18. bonds to provide certificates as required by the Acts of Trade and
Navigation for the discharge thereof. Richard Johnson was sworn
of the Council. In accordance with the directions of the Lords
Justices concerning Capt. Kidd of the Adrenture galley, an order
AMERICA AND WEST INDIES. 149
1699.
for his apprehension was sent to the sheriffs of the several counties
to be communicated by them to the Commanders in Chief,
Collectors and Naval Officers. Warrant ordered according to the
Lords Justices' warrant of Nov. 15, 1698, allowing Col. Byrd,
H.M. Auditor General, 2,955/. 9s. 3</. out of the quit-rents for
expenses defrayed by him. Capt. Aldred complaining of his
seamen deserting, a proclamation was ordered for their appre-
hension. All Collectors and Naval Officers required to warn all
masters of ships not to receive any strange seamen without
certificates. Capt. Aldred allowed a pilot, he providing for the
payment thereof. Ordnance and gunners' stores saved from
H.M.S. Sicijt ordered to be kept and sent home by the first man-
of-war as requested by the Commissioners of Ordnance. Petition
of Bertram Servants complaining of a forcible entry into some of
his land in Elizabeth City County by Robert Beverley referred to
the Attorney General. Ordered that the Auditor prepare a state-
ment of the Public Accounts. Richard Lee was sworn of the
Council. [Board of Trade. Virginia, 58. pp. 229-287.]
April 17. 266. Hudson's Bay Company to the Lords Commissioners.
Answer to the French pretentious to Fort Bourbon. We deny the
French to be the first discoverers and settlers of that place. The
French bringing their pretended right no higher than 1682, and
their being dispossessed in 1684 we shall show what sort of
possession that was. Mr. Radisson, said to have made this settle-
ment for the French at Port Nelson, 1682, was many years before
in England, settled and married an English wife, Sir John Kerk's
daughter, was in the interest and service of the English upon
private adventures before as well as after the incorporation of the
Hudson Bay Company. In 1667 when Prince Rupert and other
nobles set out two ships, Radisson went in the Eagle, Capt.
Stannard commander, and in that voyage the name of Rupert's
River was given. Again 1668, and again 1669, in this voyage
Radisson directed his course to Port Nelson and cast anchor before it,
and went on shore with one Baley, designed Governor for the English,
fixed the King of England's arms there and left some goods for
trading. In 1671 three ships were set out from London by the
Hudson Bay Company then incorporated, and Mr. Radisson in one
of them in the Company's service settled Moose River, went to Port
Nelson, left some goods there and wintered at Rupert's River. In
1678, upon some difference with the Hudson Bay Company Mr.
Radisson returned into France, and is there persuaded to go to
Canada again. There he formed several designs of going on some
French private expeditions into Hudson Bay, which the Governor,
M. Frontenac, would by no means permit as declaring it would break
the union between the two kings. But at last Radisson was secretly
set out with two ships by one La Chaney (a private merchant
of Canada) and other private persons without the Governor's
* knowledge or orders from any powers, and in Aug. 1682 arrived at
a river to them unknown but being in the latitude of Port Nelson
resolved to go in, found an English ship there, whose company were
building an house, saw another ship coming in belonging to
the Hudson Bay Company, of London, which had brought a
3 COLONIAL PAPERS.
1699.
Governor to settle a factory in that port. Radisson and the French
with him took the English ship, the Company's Governor and men,
and carried them to Canada, where he found M. La Barr, Governor
in the room of M. de F[r]ontenac, who ordered him forthwith
to release the English ship, and La Chaney to give satisfaction to
the English for some goods disposed of by Radisson, but was never
performed. This was the expedition in 1682 and the first time that
ever French men or French vessels sailed into Hudson Bay. They
were dispossessed of this unjust acquisition two years after.
For complaint being immediately made by the Company, Radisson,
as soon as he returned into France in 1683, found the effects of it by
the many memorials given in against him at the French Court
by the several public ministers of the King of England. The
action was disowned by his most Christian Majesty and satisfaction
promised which was directed by a great minister in France in this
manner, that Radisson should go for London and ship himself on
board the Company's ships to go to Port Nelson and withdraw
the French whom he had left there, restore the effects to the
English, and the Court of France nor Canada should ever pretend
any right to the Bay of Hudson. Accordingly Radisson came to
London, presented himself to King Charles and the Duke of York,
then Governor of the Company, by their recommendation is
reconciled to the Company, and goes with only two ships in the
Company's service, Capt. Bond and Capt. Outlaw, commanders,
arrived at Port Nelson, where the Sieur Chavert, whom Radisson
had left there, and the rest of the men came over to him and com-
plied with the justice to be done to the English, who afterward
took service in the Hudson Bay Company, and brought into England
and restored to the Company about 12,000 beavor skins and other
furs (short of 6*0,000 beavors as the French suggest), the greatest
part of which were traded with English goods taken from them in
the expedition before. This we conceive is a full answer to the
French paper. Whereas they talk of injuries and dispossessing in
a time of peace, they were the first aggressors, and begun a private
and piratical war. [America and West Indies. Hudson's Bay, 589.
No. 8. pp. 18-16.]
pril 17. 267. Governor the Earl of Bellomont to the Council of Trade
ew York. anc | Plantations. Knowing how much value you set upon furnishing
naval stores from these Colonies, I have been thoughtful about
that matter of late and the more so because I do not find that
design is carried on with that vigour in New Hampshire that I
could wish. I will suppose the purveyors honest, but find the
charge will be so extravagant that I question whether it will not be
a total discouragement to the prosecution of that design. Having
overcome in great measure the trouble and opposition of the unruly
people here by patience and moderation, I hope to be at liberty
shortly to transport myself to Boston and very quickly after to
New Hampshire and to give you a faithful account of trmt and
other affairs relating to my other Governments.
I sent for M. Bernon, a French marchand, and an honest, sincere
man, whom I was acquainted with in England, he being extremely
well recommended to me by my Lord Gallway and several other
AMERICA AND WEST INDIES. 151
1699.
French gentlemen, and having lived some years at Boston, and
there made a good quantity of pitch, tar, rozen and turpentine. He
says the King can best be supplied with these stores from this
province, because there grows an infinite number of pines in Long,
alias Nassau, Island, and on both sides of Hudson's River, and
between Albany and Schenectady, and there will be a water carriage
which will mightily conduce to their cheapness. Then I would have
the soldiers employed to work at making them at full English pay,
which is 3d. per day. and an addition of 4rf. per day to encourage
them ; Is. per day, under which it will be impossible to keep 'em in
tolerable cloathes and diet, and if they be not enabled to live more
comfortably than at present they will always be deserting as they do
now. The work is not laborious, all that they have to do is to tap the
trees and then receive the liquor in vessels. M. Bernon says that a
man that works with intelligence will make five tons of stores in a
year, making pitch, rozen, and turpentine all summer and in winter
tar only. 'Tis easy then to compute what the charge will be to the
King. The soldiers' pay, ordinary and extraordinary, will be 7s.
}>er week (which would be to other labourers 18s., if they could be
lad which is not possible here). At the rate of five ton per annum,
the charge of making will come to 3 12s. 10J. I allow for casks,
at '2s. 6d. per barrel, 1 per ton. For freight to New York and
management, 1 5s. Od. Freight to England 40s. per ton. All
which articles amount to 7 17s. 1(W. per ton sterling money, if you
have the stores from hence ; from N. Hampshire it will cost just
thrice as much, unless the King will keep soldiers there to work,
which will not be proper, because there are not provisions to be had
there for 'em, and because they would be out of the center, and
consequently not properly placed for a security to the provinces.
If our computations are just, and if one man will make 5 tons per
annum, the thing I most doubt, then we shall be able to furnish the
King with naval stores quarter part cheaper than he has 'em now
from the northern Crowns. From the London paper called the
Marchand's Weekly Remembrancer, I find the price of Stock-
holm pitch is 16 per last, a last is a ton and a half. I will not
get a shilling by all this myself ; the charge for management only
represents 200 per annum, New York money, to M. Bernon and
2s. 6r/. per day to each lieutenant, a lieutenant to each 100 soldiers
to keep 'em at their work. You will doubt perhaps the cheapness
of freight to England, the. present rate being from 4 to 6 per ton.
But I oblige myself to make it good, if some owners and masters I
have talked with here know their own minds. I have known two
or three ships wait five months in this port for a freight, and at last
go for England half and sometimes three-quarters laden, and they
rarely wait less than three months for their lading, which is the
reason of dearness of freight of goods. Whereas if I be commanded
by your Lordships to proceed with this undertaking, I will always
have a sufficient stock of these stores in readiness here at York,
that every ship shall have her lading in three or four days' time.
Quickness of returns will bring down the price of freight to what I
have said, and the whole management shall be carried on without
trifling or tricks. We can make up the loadings with principal knee
timber for the king's ships, which I understand is pretty scarce
152 COLONIAL PAPERS.
1699.
in England and fells for ;6 or 1 per ton. If you approve of
this scheme, be pleased to inform me from the Custom House
what quantity of these stores is imported yearly into England.
M. Bernon guessed the King's Navy would consume 1,000 tons and
the nation of England 6,000 tons.
I understand there are as good pines for masts of ships, on
the land full as big as Devonshire granted to Mr. Dellius by
Col. Fletcher, as any in N. Hampshire, and a great number. They
may be floated on the river all the way to York with little charge.
In that grant there is no reservation of quit-rent to the Crown,
except one racoon's skin per annum, nor the liberty of cutting
a tree or building a fort, yet there is the best place for a fort in all
this province ; on the side of the long lake called Corlaer's Lake, or
Iroquois, because that land is the most advanced towards Canada.
Mr. Dellius has lately had 90 masts for ships floated down to within
a few miles of York on Hudson's River and proposes great profit to
himself, but I hope, before this Assembly is broke up, I shall secure
that and his other grant which the Mohacks complained of. I
am told, the timber which grows in that part of the country is firmer
and more substantial than that which grows in N. Hampshire, and
the reason that's assigned for it is the winter's being much
more cold in N. Hampshire than in this province, and 'tis observed,
the more to the southwards of this continent, the better is the
timber.
I shall hereafter recommend that some sort of order and established
rules may be settled for the distribution of those remote lands among
the officers and soldiers, each to have such a proportion of land after
so many years' service, reserving on each lot a quit-rent to the
Crown and making them unalienable to any besides the King,
otherwise the soldiers will soon embezzle the lands assigned 'em.
If this course had been taken twenty years ago, the frontier towards
Canada had by this time been so well peopled that they would be
able to make a stand against the French and their Indians.
If your Lordships send me orders before winter I believe I would
provide stores enough for the King's Navy if I iiad the four
Companies recruited, but then how would England be furnished, as
it should be from hence, so that that trade might not be precarious,
as it must be if our nation must be beholding to the Northern
Crowns for it ? I propose a plan answering the two greatest ends
that can be thought of, viz : the defence of this and all the rest of the
Colonies and the furnishing his Majesty and the Nation of England
with Naval stores. I propose the immediate sending over and
constant keeping of 1,000 men in the King's pay in this province to
manufacture the stores. Their pay will be no charge to the
King, as I have shown. There are not 100 labouring men possibly
to be had in this province at 3s. per day. Their labour is
performed mostly by negroes, and the others have trades or
keep sloops by which they can earn much more. As to the
necessity of keeping 1,000 soldiers constantly in pay in this
province, there is the example of the French, who to secure
Canada, which is a small spot of country in comparison with
all H.M. Colonies on this Continent, keep thirty companies or
1,500 men constantly in pay. Then they are said to have as
AMERICA AND WEST INDIES. 153
1699.
many Indians at command as we, and of the warlike Indians which
they have debauched from us. The French, too, have some
substantial forts and several small ones. Between Montreal and
Quebec, which is GO leagues, they are said to have 8 or 9, and
though they be small they favour extremely the peopling of that
country ; and I conceive that to be the chief end of the building
those forts, for a desert country as all America is, being covered
with thick high woods, is frightful to people unless there be forts
to protect 'em. There ought, in my opinion, to be a good fort of
stone at the extreme end of the land granted to Mr. Dellius, which
your Lordships will judge best of by looking at the map formerly
sent by Lieut. Hunt ; and another such fort in the Onondages'
country, which is the centre of our Five Nations. I am told there
is a very convenient place for it upon the same river which runs
through the Mohacks' countrj" and comes to Schenectade, and 'tis the
more convenient because it lies opposite to the French Fort called
Cadaracque, which I formerly acquainted your Lordships was such
a terror to the Indians. A fort there would cover all our Indians
and keep them firm to us. The remoteness of it is the worst
circumstance that attends it : still the French have a fort in the
Dowaganhas country, one of the Western Nations, that cannot be
less distant from Canada than 700 miles, built there by M. de
Tonti. 'Tis an easy matter to discern what the French have in
view ; when our Five Nations are destroyed, which they must
necessarily be in a few years, if we must have our hands tied up,
and submit to their sinister artifices, then will they engage those
numerous Western Nations against us, with whom they are now
making an interest by their Jesuits and other missionaries and by
training and emboldening them to fight. Formerly 100 of our
Indians would have made 1,000 of 'em run, and now 'tis the French
have taught 'em to fear ours so little as that they will venture to
fight 'em upon the square. The French are now fortifying Quebec,
an engineer being lately sent thither from France, yet I hear that
place was strong before. Without doubt the French King sets a
great value upon Canada, and takes such measures as will quickly
extend his dominions here further than is consistent with the
interest of England. I will give one or two more reasons for
augmenting our forces here. This province by its situation in the
centre of the other Colonies challenges a preference to all the rest
and ought to be looked on as the Capital Province or the Citadel to
all the others, for [secure] but this and you secure all the English
Colonies, not only against the French, but also against any insur-
rections or rebellions against the Crown of England, [(/'] any such
should happen, which God forbid. 1,000 men regular troops
here and a fourth-rate man-of-war at Boston and a fifth-rate here
at N. York would secure all the English Plantations on this
Continent firm in their allegiance to the Crown as long as the
world lasts. And I am of opinion whenever another [?mr] happens
with France the French might easily be driven out of Canada. If
this design of the Naval Stores goes on, 'twill employ double the
number of ships that it now does from England to Norway, because
of the distance, and so long as the commodities are as cheap or
cheaper than now they are, 'twill be for the advantage of England
1 COLONIAL PAPERS.
1699.
that there be more ships employed. There will be one objection.
M. Bernon computes 7,000 tons will be needed and 1,000 men can
make but 5,000. But to make the full complement of stores, I
answer that the people in the country who are unfit for hard labour
will without doubt in a short time learn the way to earn their bread
at this easy work and, if I may believe M. Bernon, the women and
children of ten years old and upwards will be able to make good
earnings at it. But rather than require more soldiers from England
(for I confess I grudge with our parting with people out of England) I
should advise the sending for negroes to Guinea, which I understand
are bought there and brought hither all charges borne for 10 a
piece New York money, and I can clothe and feed 'em very com-
fortably for 9d. a day sterling money. If it were practicable for the
King to be the merchant and pleasing to the nation, there would
be a profit of at least 50 per cent, made of the goods sent over hither
and to the other Plantations for defraying the charge of making
and providing the stores, for I propose that English goods, especially
woollen cloaths shall maintain this undertaking. At that rate we
should still undersell the present market at Boston at least 20 and
that of this town above 40 per cent.
I can think of no further charge that will attend the provision of
stores here at New York except the building a good storehouse,
which may be done for about 1,000 this money. There will also
be required a Clerk of the Stores for whom I propose a salary
of '100 per annum this money (= 70 English) and the Clerk's
Assistant at 80 ( .56). Then there would be about a dozen
men constantly employed in laying in and delivering the stores,
which work I could have performed by soldiers with a small addition
of pay. Two things are necessary for this great and useful design,
first, the vacating all the extravagant grants of land, which are
eleven or twelve in number, all except two or three granted by Col.
Fletcher, comprehending * full f parts of this Province, which
was the most destructive course he could possibly have taken for the
interest of the Crown and peopling the Province. Besides he
has singled out a worthless sort of people for his grantees and
generally so disaffected to His Majesty that I wish I could except
four of the twelve that are not so. Second, the giving the King
a liberty by Act of Parliament in England or of Assembly here
of using pines or other sorts of trees for making all the fore-
mentioned sorts of stores on the estates of all persons in this
province without exception, and reserving to him alone the use
of all such trees as are fit for masts of ships and of all such oaks and
other timber whether straight or crooked as will be proper to be
used for building H.M. ships of war.
I much question whether I shall be able to get an Act passed in
this Assembly to break all the forementioned extravagant grants of
land. The parties concerned are jealous of my design and are
endeavouring to prepossess the Members of Assembly with a
thousand apprehensions about it, but as the grantees are men that
are generally much hated, I hope I may prevail to get a Bill passed
for the breaking part of the grants this session, and will try to break
the rest next, and will nicely observe all the rules and conditions
contained in the Lords Justices' letter of Nov. 10. By my proposal
AMERICA AND WEST INDIES. 155
1699.
I do not mean that the present or future proprietors of lands should
be restrained from cutting timber for their own use, and even for
sale, but that all trees above such a scantling as shall be hereafter
agreed on shall be reserved to the King under a severe penalty.
r newl
, Bellomont, P.8. 4th May, 1699. I send a letter newly
received from Mr. Bridger, one of the Purveyors of Naval stores
at Piscataqua, that you may observe this good design goes on heavily
there. Endorsed, Beod. Aug. 31, Read Sept. 7, Dec. 8, 1699.
8 closely written pages. Holograph. Enclosed,
267. i. Abstract of preceding letter. 8J pp.
267. n. J. Bridger and Tho. Holland to Lord Bellomont. I
procured an Act of Assembly at Boston in June last
for a guard to attend our affairs, but of the guard of
twelve men allowed us we now have five only, of which
four have no ammunition, the fifth neither gun nor
ammunition, and all want provisions. Signed, J. Bridger,
Tho. Holland. Piscataqua, Ap. 21, 1699. Copy.
Endorsed as preceding. 1 p. [Board of Trade. New
York, 8 A. Xos. 22, 22 i.-n. ; and 53.' pp. 354-369 ;
and (abstract) 45. pp. 38-42.]
April 17. 268. Journal of Council of Trade and Plantations. Letter
Whitehall, from Mr. Burchet re Newfoundland read. Answer prepared.
Col. Handaside recommended the hardships of soldiers in New-
foundland with regard to arrears. Letter upon that subject to
Lord Ranelagh ordered. Answer prepared to Mr. Secretary
Yemen's letter about Turkey Passes, and to Mr. Grey's proposal
that two ships attend H.M. service at Barbadoes.
April 18. Letter to Lord Ranelagh signed and that to Mr. Burchet agreed
upon.
Letter to the Government of Connecticut in pursuance of H.M.
Order in Council ordered to be written when John and Nicolas
Hallam produce the Order.
Representations upon Col. Codrington's Commission and the
petition of the Proprietors of East New Jersey signed.
Letter to Mr. Secretary Vernon signed.
The Secretary ordered to acquaint Mr. Lowndes that Mr.
Thurston has been recommended for the Newfoundland business.
April 19. Mr. Edward Chilton's petition read and referred for further
consideration.
The Order of Council re John and Nicolas Hallam read and letter
ordered accordingly.
Mr. Dockwra's objection to the representation re East New
Jersey read. The Secretary ordered to acquaint him that it was
already finished, but that the words " upon which their said claim is
grounded" have been omitted. [Board of Trade. Journal, 12.
pp. 3-7 ; and 96. Nos. 61, 62, 63.]
April 17- 269. Minutes of Council of New York in Assembly. Samuel
Burt and Captain Ebenezer Willson refused to give an account of
the excise of Long Island, and were committed to the custody of
the Serjeant-at-Arms. A Bill was ordered for committing them to
prison until they should discover what had been required of them.
156 COLONIAL PAPERS.
1699.
April 18 This Bill was read the first and second time,
and 19. Bills for regulating Jurors, repealing an Act regulating damages,
and for punishing privateers read the third time and passed. The
Committee demanded a longer time to consider the Bill for the
establishment of Courts.
April 20. Petition of inhabitants of Queen Street and others read and
referred to the Assembly.
April 21. Bill for committing Burt and Willson passed and sent down.
Their petition put off till next Council day, as the House was now
April 22. sitting in the quality of the Upper House of Assembly. The Bill
was assented to by H.E., being returned passed from the Assembly.
Burt and Willson appeared, gave the account desired, and were
discharged.
Bills for preventing abuses daily committed by negro slaves and
Indians ; for regulating an Act of Assembly intituled an Act for
suppressing Intestates' estates and regulating the probate of
wills, and granting letters of administration ; and for preventing
vexatious suits sent up and read the first time. [Board of Trade.
New York, 72. pp. 772-780.]
April 18. 270. John and Nicolas Hallam to Council of Trade and
Plantations. We beg you to signify to the Governor and Company
of Connecticut the Order in Council upon your report in our case.
Nicolas Hallam is bound to New England within three or four
days and will safely deliver your letter. Sifpied, John Hallam,
Nicolas Hallam. Endorsed, Reed. Read, April 18, 1699. [Board
of Trade. Proprieties, 9. No. 6.J
April 18. 271. Council of Trade and Plantations to the King. We
Whitehall, present herewith the draft of a commission for Governor
Codrington and in accordance with the advice of your Majesty's
Attorney and Solicitor General have omitted the words
"insurrection " and "as also upon soldiers in pay" which occur in
former commissions.
We suggest that instructions be sent to the several Governors in
whose commissions these words do stand, that they do forbear to
put the same in execution, which in time of peace may be supplied
by the Legislative power in the General Assemblies of the several
Plantations. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt,
Jo. Pollexfen, Abr. Hill. [Board of Trade. Leeward Islands, 45.
pp. 353, 354.]
April 18. 272. Council of Trade and Plantations to the King. We have
considered the petition of the Proprietors of East-New-Jersey with
what they have further offered to us upon the subject and
finding no reason to alter our former opinion represented to
their Excellencies the Lords Justices Oct. 27, 1697, that the
granting them the privilege of a Port at Perth Amboy would
be extremely prejudicial to your Majesty's Province of New York,
but observing that in the close of their petition they pray that
in case your Majesty should not permit them the free use of
that port upon the terms by them proposed, your Majesty would be
pleased, for their vindication against the clamours of the inhabitants
of East New Jersey upon this occasion, to direct your Attorney
AMERICA AND WEST INDIES.
157
1699.
April 18.
Whitehall.
April 18.
Whitehall.
April 18.
Whitehall.
April 18.
Whitehall.
General to consent to a trial at Bar in Westminster Hall upon
a feigned issue, we offer that such a trial be had, whereby the
Proprietors' claim to the Port together with the right of Government
of the Province, upon which the same is grounded, may receive
a judicial determination. Signed, J. Bridgewater, Philip Meadow(s),
Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade.
Proprieties, 25. pp. 400, 401.]
273. William Popple to John Burchett. In reply to yours of
the 14th, the company of soldiers left at Newfoundland amounted to
61 men. The ten recruits are not yet ready but will be ready t > go
by the last convoy mentioned in your letter of the 18th by which it
will be time enough to send the provisions. The reason of my
Lords' proposal that the provisions remaining there may be sold
and accounted for by the Commander in Chief of the convoys is
that there is no officer established upon the place higher than a
lieutenant, and because the Commander was last year appointed by
H.M. commission to command also in chief and inspect all things
during his stay there at land. On learning who is intended for
Commodore this year my Lords will desire Mr. Secretary Vernon to
procure H.M. like commission. By accounting for the produce of
those provisions and applying it to the use of the soldiers, is meant
no more than accounting for it to the Lords of the Treasury that
they may apply it accordingly to the account of the proper funds.
Signed, J. Burchett. Endorsed, Reed. Read April 21, 1699. [Board
of Trade. Newfoundland, 3. No. 137 ; and 25. pp. 291, 292.]
274. Wm. Popple to William Lownds. In accordance
with H.M. Order in Council, April 6, the Lords Commissioners for
Trade and Plantations, judging it necessary that some person be
appointed to take care of the business relating to the Company
established at Newfoundland as Agent, and Col. Handaside who
formed that Company having recommended Mr. John Thurston,
acquaint you therewith, that upon giving the usual security,
Mr. Thurston may be employed by the Rt. Hon. the Lords Com-
missioners of the Treasury, in order to the necessary dispatches,
if their Lordships think fit. [Board of Trade. Newfoundland, 25.
pp. 292, 293.]
275. Council of Trade and Plantations to Mr. Secretary
Vernon. We agree with Mr. Grey, and have often represented
to His Majesty, that heavy sailers are most unfit for those parts.
And as to the two ships desired by him to be constantly attending
there, we have already offered to His Majesty our opinion that one
good fifth rate be appointed for that service to be annually relieved
by another, which has accordingly been ordered, and do now believe
that if another of 25 guns be likewise sent to make up the number
desired, it will at this time, in respect of the many pirates
frequenting those parts, be of great service to trade. Signed,
Phil. Meadows, Win. Bhithwsiyt, Jno. Pollexfen, Abr. Hill. [Board
of' Trade. Barbados, 44. 7/249.]
276. Council of Trade and Plantations to the Earl of
Ranelagh, Paymaster General. We desire to know the state and
reasonableness of the claims, made bv the officers and soldiers now
158 COLONIAL PAPERS.
1699.
at Newfoundland, of their arrears since the disbanding of the
regiment. Signed, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. [Board of Trade. Newfoundland, 25. p. 293.]
April 18. 277. Minutes of Council of Barbados. Ordered that the
writ of error betwixt Baily and Baily be argued peremptorily next
Council day. Mr. Agnew was called and asked if he would under-
take the building of the mole upon the same proposals Mr. Popple
will. He declined. Leave was given to Capt. Collin Hunter,
commander of H.M.S. Dolphin, to land some wines for the easier
careening his ship ; the Assembly concurring with the proviso that
the wines when landed should be put under the care of the Treasurer
who is to see that they are reshipped. Mr. Lane's papers read
and laid by till James Hannay, Esq., gives in his answer next
Council day. The Assembly agreed to his Excellency's proposal
that the Keeper of the Magazine should deliver 20 barrels of powder
to Capt. Barker, Commander of H.M.S. Speedwell, for His Majesty's
service, to be repaid when the store-ship arrives.
April 19. Upon a motion that several negroes were run away with, a
proclamation was ordered to enforce the laws about the watch.
[Board oj Trade. Barbados, 65. pp. 391-393.]
April 18. 278. Journal of Assembly of Barbados. New names :
Lt. Col. Eichard Downes, William Terrill, Robert Harrison.
The Supplemental Act for the Provision of Servants was read
twice. The Assembly waited on his Excellency and Council
who recommended to them the matter of powder for H.M.S.
Speedwell (see preceding abstract), the question of donations
for the use of a free school, the proposals of Magnus Popple and
a joint- committee of the two Houses to consider them, a speedy
statement of- the Public Accounts and Revenues, the payment by
some means of the old Agents' salaries. The Assembly then
returned and rejected the petition of Alexander Forrester that he
might be paid a yearly rent for his house which had for many
years past been used as a common gaol. [Board of Trade.
Barbados, 65. pp. 405-407.]
April 19. 279. Proprietors of East New Jersey to Council of Trade and
Plantations. The proposal to have a trial at bar of their claim to a
port was intended by the Proprietors only as a last resort to justify
themselves against the clamours of the inhabitants. Their principal
desire is to avoid all controversy with His Majesty and to remove
the objection made by New York, and therefore they pray you to lay
before His Majesty their memorials upon this occasion. They made
no offer to try their Right of Government in such feigned issue and
are advised their right to a port doth not depend upon their right
of Government, and the Law having prescribed a proper method
of trying the right to Royal Franchises claimed by subjects, the
Proprietors conceive they cannot without injustice to themselves
and the inhabitants of that country submit their right of Govern-
ment to be part of such an issue. ' Nor can the omission of it be any
prejudice to His Majesty, since if the right of a Port should depend
upon the right of Government, His Majesty will have the benefit
of that point in evidence at the trial, as much as if it were part of
AMERICA AND WEST INDIES.
159
1699.
April 19.
April 22.
April 20.
Kensington.
April 20.
St. Christo-
pher'*.
the issue itself. Signed (on behalf of the Proprietors), Wm. Dockwra,
Seer, and Regr. Endorsed, Reed. Read Ap. 19, 1699. [Board of
Trade. Proprieties, 8. No. 7; and 25. #p. 401, 402.]
280. Minutes of Council of New York. Memorials of Ducie
Hungerford and John Evetts read and referred for consideration.
6/. paid to John Merrey for intercepting a letter from Broadish,
the Pirate, to Col. Peirson.
The ship Hester having been sold to Col. Abraham Depeyster for
315/., the balance, after deducting expenses for seizing and con-
demning her, ordered to be paid to the Master, Richard Wyse, for
wages due to him and the crew before seizure. [Board of Trade.
New York, 72. pp. 221-223.]
281. Order of King in Council, approving the draft of the
Commission for Col. Christopher Codrington with the exception
of the proposed alteration. The new Commission, like
former Commissions to the Governors of the Leeward Carribbee
Islands, is to contain the words, " To execute martial law in time
of invasion, insurrection or war, as also upon soldiers in pay."
Signed, John Povey. Endorsed, Reed. April 26, Read April 27,
1699. [Board of Trade. Leeward Islands, 6. No. 14 ; and 45.
PI). 355, 356.]
282. Council of St. Christopher's to Council of Trade and
Plantations. The Lieutenant Governer, Col. James Norton,
. has communicated to us your letter of Feb. 27, requiring an
account of some spoils the French Ambassador pretends to
have been done by His Majesty's subjects upon the territories of
the French after having notice of the conclusion of the peace. Col.
Norton himself was absent at that time. The pretentions of
the French are very untrue. Some part of a ruinous town which
the French themselves had set on fire, when His Majesty's forces,
that reduced this island, were marching into it, and which, being
deserted by them, was extinguished by the said forces after the
major part thereof was burnt, and so saved from being quite laid in
ashes, several of which houses that were preserved from that
fire decayed and went to ruin during the time of a long war
and served for nothing but fuel, and some other houses near their
church where our Court of Guard was posted were pulled down
after the French privateers had surprised the said ruinous town and
that Guard, since they were a covert for their approaches and
to prevent a second attempt of the same kind. Before any
certain knowledge of peace the small remnant thereof was pulled
down by the inhabitants according to an order from the late
General Christopher Codrington to the then Military Deputy
Governor, Major John McArthur of this place, that therewith
they might build themselves houses in lieu of what the French
had perfidiously destroyed of theirs contrafy to the Articles of
Neutrality agreed upon by both Crowns. Tliis was done before
the proclamation of peace; after the peace was known no
spoil or waste was committed by any permission, so that if any
such thing was done, 'twas done without any authority and not
known, and might be ' as well by negroes as* white men. It is
160
COLONIAL PAPERS.
1699.
April 20.
Admiralty
Ofiice. "
April 21.
Whitehall.
April 21.
Whitehall.
unreasonable of them to expect that His Majesty's subjects should
spend their time and money in watching and guarding their parts
of the island after being withdrawn. And it is unreasonable of
them to complain of our pulling down a few shattered houses to
put in the places of three of our towns, churches and good houses
with sugar-works in the country, which they burnt down before
they had declared war to us. Since the handing over of the
French parts of the island according to the Treaty of Ryswick, the
French have made several large demands, a copy of which we now
send, understanding the same hath already been dispatched from
the Government of Nevis, in whose hands the chief power of these
Leeward Islands is at present lodged. We had hoped to send a
copy of the answers and remarks made to them, but they have
been sent by the aforesaid chief Government and we have no copy.
But forasmuch as this island being inhabited by two nations, some
misunderstandings may happen arising from the liberties and
customs of each other, it was thought convenient for regulating the
same in former reigns to have Commissioners of three or four
persons of each nation authorised and appointed to examine into
and determine such national matters. We leave it to your Lord-
ships' consideration how convenient and necessary some such
Commission may be to preserve good union and to prevent
troubling your Lordships and the Court with frivolous complaints
that mav be without any great difficulty moderated and determined
here. Signed, W. M. Willett, Hen. Burrell, Mich. Lambert, John
Garnett. Endorsed, Reed. .June 26, 1699. 3 pp. . [Board oj
Trade. Leeward Islands, 6. No. 15 ; and 45. pp. 405-408.]
283. J. Burchett to Mr. Popple. In answer to yours of 18th
inst., Capt. Leake, Commander of H.M.S. Hampshire, is appointed
to command in chief at Newfoundland, who is the next ship that
will sail. As for sending the provisions for the soldiers by the last
ship, she will not be able to carry the same, in regard she is but a
sixth rate. Please move the Council of Trade to consider whether
it may not be more convenient to send all or part thereof by the
Hampshire. And I desire you will let me know whether provisions
are to be sent for 61 men only or for them and the ten recruits that
are now going, it being not known here whether any of the said
61 men are dead or whether, when these recruits arrive and the
sixty one men are entire, the whole number are to be kept up.
[Board of Trade. Newfoundland, 25. p. 294.]
284. Council of Trade and Plantations to Mr. Secretary
Yernon. Capt. Leake being now ready to sail, we desire you
would please to procure his Majesty's royal signature to the
enclosed draft of a Commission for him to command in chief
at land duricg his stay at Newfoundland, it being the same as
was granted to Capt. Norris upon the like occasion. Signed,
J. Bridgewater, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board
of Trade. Newfoundland, 25. p. 296.]
285. William Popple to John Burchett. The Council of
Trade have written to Mr. Secretary Vernon to procure a commission
for Capt. Leake like Capt. Norris' of last year. They have no
AMERICA AND WEST INDIES. 161
1699.
objection to the provisions being sent in whole or part by the
Hampshire and think that if provisions be sent this year for 61 men
it may be sufficient. [Board of Trade. Newfoundland, 25.
p. 295.']
April 21. 286. Journal of Council of Trade and Plantations. Petition
Whitehall, relating to the settlement of Tobago read, and petitioners ordered
to lay before the Board the contract and articles mentioned ' in
their petition with any other papers they have relating to the Duke
of Corn-land's title to that island. Mr. Chilton attending with
others assured the Board there has been no other Attorney-General
of Barbadoes constituted by H.M. Commission since Sir Thomas
Mongomery. Mr. Hooper was put in by Col. Kendall, and
continued since to supply the vacancy till His Majesty please to
appoint one.
Mr. Eccleston desiring, in behalf of the Quakers of Maryland,
a copy of the Act passed there, July 1696, entitled, An Act for the
service of Almighty God and the establishment of the Protestant
Religion, ordered, that a copy be given him.
Letter from Mr. Burchet read, and a letter was forthwith signed
requesting Mr. Secretary Vernon to procure a Commission to
Captain Andrew Leake.
The Secretary ordered to reply to Mr. Burchet about the
provisions for the soldiers at Newfoundland.
Order of Council of Feb. 23 re Rhode Island read ; representa-
tion ordered to be prepared to the same effect as that upon the
petition of the Hallams relating to Connecticut.
Representation relating to pirates on the coast of Africa ordered.
Governor Blakiston's letter, Maryland, Jan. 29, read. [Board
of Trade. Journal, 12. pp. 7-10 ; and 96. No. 64.]
April 22. 287. Ordnance Office to Council of Trade and Plantations.
In reply to your letter of 14th my Lord Romney sends you a
copy of our report on H.M. Order in Council of the 6th. Signed,
C. Musgrave, Ja. Lowther, Win. Boulter, Jo. Charlton, H. Good-
ricke. Emlnwd, Reed. April 25, Read April 26, 1699. Em-lotcd,
287. i. We cannot conceive there could be any just reason
for the gunners' complaints, we having by their one
(own) appointment paid their wives here their full
pay to Aug. 81 last, and we doubt not but their wives
supplied them from time to time with necessaries, etc.,
and that which induces us the rather to believe this,
because we never had any intimation from the gunners
to the contrary. But we think we cannot justify the
payment of them any longer without a particular
assignment of moneys from the Treasury for that
service, no provision being made by Parliament. We
cannot but .approve of the building barracks for
defending the soldiers against the injuries of the
winter seasons, and have made the annexed estimate
of the charge, which amounts to 2,312Z. 5s. 2d. In
pursuance of an Order of Council March 31, 1698, we
consulted our engineer who had been at Newfoundland
and did then lay before his Majesty an estimate of
12208 j.
162
COLONIAL PAPERS.
1699.
April 22.
St. John's.
April 24.
April 24.
Whitehall.
April 24.
what we thought was necessary to be done for erecting
of new and finishing the old fortifications in St. John's
harbour, the charge whereof amounted to 1,0751. 17s. 2d.,
the doing of which we judged would be of great service,
but nothing of this nature can be performed by this
office without particular assignments of money from
the Treasury.
287. n. Estimate of materials, freight and workmanship in
building barracks for three officers and fifty-six soldiers
at Newfoundland. Total, 2,312/. 5*. 2rf. [Board of
Trade. Newfoundland, 3. Nos. 138, 188i.-n.; and
(without estimate) 25. pp. 297, 298.]
288. Minutes of Council and Assembly of Antigua. The
Assembly affirmed that it was high time the money supplied by
them to Col. Holt's regiment to furnish them with cloathes was
recovered by the Treasurer from Capt. John Perrie. With reference
to the guarding of the island which they said the officers could not
do owing to the sickness of the men, the Assembly replied that two
of the companies ought to repair to the seven places of guard to
windward, four soldiers and a serjeant or corporal on each guard,
and be relieved weekly, the other company to be distributed on the
several forts and platforms in the room of the Montroses. Many
gross abuses having been committed by the soldiers in their
quarters, the Assembly desire the attention of Col. Collingwood to
them, and also some assurance of payment of the sums reserved in
the Act of billeting for quarters thereby allowed. [Board of Trade.
Leeward Islands, 64. pp. 302-303.]
289. Minutes of Council of Massachusetts. Writs ordered for
summoning the Assembly, May 81. 300 paid to John Walley
on account of provisions for the garrison. [Board of Trade. New
England, 49. pp. 204, 205.]
290. Council of Trade and Plantations to the Governor and
Company of H.M. Colony of Connecticut. We send you H.M. Order
in Council, March 9, upon our representation relating to the petitions
of John and Nicolas Hallam, together with copies of the petitions.
You are to take notice that his Majesty expects your speedy and
punctual obedience as you will answer to the contrary. Signed, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill.
291. Same to same. We have received a letter from
Col. Winthrop, dated Oct. 27 last, together with a copy of the Laws
by which he says his Majesty's subjects in that Colony were then
governed ; and were glad further to observe in his letter that the
General Assembly were then upon revising them in order to some
amendments and enlargements with design to transmit them to us in
that more perfect form. We expect them to be transmitted to us
without delay and in authentic form, under the public seal of the
Colony with the attestation of the governor and other proper
officers. Signed, as preceding. [Board of Trade. Proprieties, 25.
pp. 409, 410.]
292. T. Weaver to Mr. Popple. I am leaving England and
believe it proper to lodge several papers in your hands belonging to
AMERICA AND WEST INDIES. 163
1699.
the Earl of Bellomont, which I desire you will communicate to
their Lordships as affairs may require. Enclosed,
292. i. Memorandum of Papers communicated by Mr. Weaver,
Articles against Capt. Evans.
(1) Deposition of Robert Wright about Capt. Evans'
cruelty to John Alston, a pirate, and about his releasing
him from on board the Richmond for a sum of money.
(2) Deposition of John Alston.
(3) Deposition of Derrick Claes De Witt concerning
Capt. Evans' and his crew's behaviour at an election
of Assembly for Ulster County, 1695.
(4) Deposition of Humphrey Davenport on the same
subject.
(5) Deposition of Thomas Nox, a Constable in the
County of Ulster, of the short warning given him for
summoning the freeholders to an election of Assembly-
men in 1695 and of Capt. Evans and his crew voting
there.
(6) Deposition of Justice Wincoop as to the latter
point.
(7) Deposition of Hendrick Hendricks, a Constable
in the County of Ulster, as to the former point.
(8) Letter from a gentleman of the City of New York
concerning the troubles which happened in that province
in the time of the late happy Revolution.
(9) Loyalty Vindicated, being an answer to a late
false, seditious and scandalous pamphlet (8). Endorsed,
April 27, 1699. 2 pp.
292. n. Printed copy of pamphlet entitled as above (8).
24 pp. small quarto. Printed by William Bradford at
the Sign of the Bible in New York, 1698. Gives a
version of the Leisler affair, 1689. Endorsed, Reed,
from Mr. Weaver, April 27, 1699.
292. in. Printed copy of pamphlet entitled as above (9).
28 pp. small quarto, including copy of an Act for
reversing the attainder of Jacob Leisler and others.
(4 pp). Printed at Boston by B. Green and J. Allen,
1698. Defence of Capt. Leisler and the Protestant
cause. Endorsed as preceding. [Board of Trade. New
York, 8 A. Nos. 24, 24 i.-n. (without covering letter) ;
and 53. pp. 294-296 (without printed pamphlets).']
April 24. 293. Journal of Council of Trade and Plantations. Minutes
Whitehall. o f Council of Maryland- read. Complaint of the Dutch Ambassador
against Mr. Trott, late Governor of the Bahama Islands, read, and
a copy of it ordered to be sent to the Agent for the Lords
Proprietors and a speedy answer desired.
Letters to the Governor and Company of Connecticut signed.
April 25. Mr. Thurston, agent for the Company of soldiers at Newfound-
land, attended and received instructions about their provisions and
pay-
Representations upon the petition of Francis Brinley of Rhode
Island and upon Pirates on the coast of Africa, signed.
164 COLONIAL PAPERS.
1699.
Remonstrance of the General Assembly of Antigua (No. 297),
read and thereupon some directions relating to Col. Codring-
ton's instructions were given. Secretary ordered to write to the
Clerk of Council, Secretary, and Clerk of General Assembly there,
when Col. Codrington repairs to the Government of the Leeward
Islands, to transmit constantly the minutes and proceedings in the
business under their charge.
Mr. Chilton showing that Sir Thomas Mongomery's patent for
the place of Attorney- General in Barbardoes was only during
pleasure, and stating that the Earl of Tankerville had no
objection on Mr. Grey's account, representation ordered recom-
mending him to that post.
April 26. Mr. Lloyd's caveat against Sir William Beeston'8 present read.
He was informed with regard to his design to print a journal of
proceedings in Jamaica in the time of the French invasion, that it
would be more proper to offer what he thought fit to the Board
in writing than to appeal to the public in print.
Letter from the Ordnance Office (Ap. 22) read and answered.
Mr. Lucas and Col. Codrington summoned to attend the Board on
Friday. [Board of Trade. Journal, 12. pp. 11-16; and 96.
Nos. 65, 66, 67.]
April 24. 294. James Vernon to the Council of Trade and Plantations.
Whitehall. jjj g M a j es ty commands me to send you the enclosed complaint of
the Dutch Ambassador in the name of the States General against
Mr. Trot, Governor of New Providence, which His Majesty would
have your Lordships consider, and, if you have received any
information of this matter, that you lay before him a state of the
case with your opinion what may be fit to be done towards repair-
ing the injury complained of. Signed, Ja. Vernon. Enclosed,
294. i. Complaint of Dutch Ambassador. Upon March 17,
1695, N.S., the ship Jnffrow Geertruf/d, belonging to
the States of Holland, commanded by Capt. Dirck
Lofreys, Gerard Loman being lieutenant, both having
H.M. commission, was cast away near the Bahamas,
with 73 or 74 thousand pieces of eight on board her and
a great quantity of merchandize. Sixty-five of the
ship's crew saved themselves in the pinnace and a long
boat, and got to New Providence 17 days after, having
saved only their clothes and arms and some of them a
little money. On their arrival Governor Nicholas
Trott seized on their arms, and after he had an account
of their misfortunes, he caused a sloop to be fitted out
and sent to the vessel, not suffering any of the castaway
men to go to her, except one Frenchman who went for a
pilot. The men then desired their arms might be returned
and to depart the place, which he refused, but tendered
them their fuzees, provided they would pay him
12 pieces of eight for each, which they refusing to do,
he kept them. They much urged their necessity to
depart the island, having but little money and provisions,
told him they were honest men and no pirates, and that
they had their Majesties the King and Queen of
AMERICA AND WEST INDIES. 165
1699.
England's commission, which Governor Trott saw and
allowed of, but bid them not trouble or molest him about
their going away, for he would keep them there, Trott
saying, "I have another way to deal with you notwith-
standing your commission, I will make you know I am
King of Providence." Some time after, the vessel he
sent arrived from the wrecked ship whence they took up
thirty-three thousand pieces of eight besides merchandize,
which Trott shared to himself and his gang, but gave
not one real to any of the ship's crew. The distressed
men applied themselves again for leave to go off, which
he refused, unless they paid 40 pieces of eight a man,
being 60 in number, and 20 pieces of eight each for
5 boys, and likewise one piece of eight each for his
ticket, but 10 Spaniards who were of their company he
let go free. Gerard Loman, the lieutenant, and 15 men
went on board a vessel bound for Rhode Island, five of
the fifteen had not paid to Trott their forty pieces of
eight and other fees, for which he sent after them and
took the vessel and made the whole company prisoners
and so kept them till the said five persons had paid
their forty pieces of eight a man and also ten more each.
tie made prize of the vessel, and seized her in order to
condemnation. Endorsed, Reed. Read April 24, 1699.
Copy. 2 pp. [Board of Trade. Proprieties, 25.
pp. 406-408; and (icitliout covering letter) 3. No. 10 ; and
(icithnut enclosure) Trade Papers, 14. pp. 247-248.]
April 25. 295. William Popple to Mr. Thornburgh. I am to request
Whitehall, you to lay the complaint of the Dutch Ambassador (.Vo.294i.) before
the Lords Proprietors of the Bahama Islands, and to desire them
to enable the Council of Trade to give such an answer as his
Majesty requires from them. [Board of Trade. Proprieties, 25.
p. 408 ; and North Carolina, 4. pp. 71, 72.]
April 25. 296. Mr. Popple to Mr. Bevis Hill, enclosing letters to be
Whitehall, forwarded by different ships to the Governor and Company of
Connecticut. Signed, Wm. Popple. Annexed,
296. i. Receipts for above letters from masters of ships,
forwarded by Mr. Bevis Hill. [Board of Trade. Pro-
prieties, 3. Nos. 24, 24 i.]
April 25. 297. General Assembly of Antigua to Counoil of Trade and
(Antigu-i. Plantations. In ours of Aug. 12, 1698, we gave some account of
Nov. 29. fjjg Majesty's Leeward Islands in general and of this island in
1698.) particular. We now offer some further considerations. (1) It has
been no small dissatisfaction to the inhabitants of this island that
they have all along laboured under difficulties in regard to the
validity or invalidity of their laws, arising from the uncertainty of
their being transmitted for confirmation in the limited time of
three months. The care of sending the laws home being vested
solely in the Government has sometimes been the cause of their
lying dormant till grown obsolete. When the Governor's assent has
been gained, after much intercession and trouble, to such laws as
166 COLONIAL PAPERS.'
1698.
are in themselves wholesome and for the common good of the
people, if they in any way thwart his private interest, or the
advantage of his favourites, 'tis wholly in his power, by not
duly sending them for approbation, to destroy their force at will.
We pray that in succeeding Commissions for this Government, His
Majesty may be moved either to leave out the limitation of three
months for transmitting our Laws, or to grant the Speaker of the
Assembly for the time being authority also to send them home,
with duplicates under the public seal, and that the entry of such
transmission in the Assembly Book may be a sufficient proof of the
validity of a law till His Majesty's pleasure be known. (2) There is
another growing evil, which unless prevented, may prove a slight to
the King's authority and no small abridgement of the privileges
granted to his people. The minutes of the Council and Assembly
are commanded to be transmitted every six months to your
Lordships for due inspection, that nothing may be transacted
or pass between His Majesty's Governors and his people
in this distant colony but what may fully come to His Majesty's
knowledge, to the end that nothing may be admitted to touch
his royal prerogative or the liberty of his subjects. Yet have
we good reason to think that the said minutes have not been
duly sent, and that when transmitted, they have been very
imperfect, several passages, not agreeing -with the judgment of
the Governor or Commander-in-chief being wholly left out, thereby
deceiving the King and preventing the people's grievances being
known. We pray that the Speaker of the Assembly for the
time being be empowered to send duplicates of the Minutes of
the Assembly as the occasion shall require. (3) It sometimes
proves an obstruction to justice, that the judges or assistants of any
of the Courts of Common Pleas are also of the Council, since
the same persons holding jurisdiction of any cause or matter in
an inferior court are not proper judges to review the same in
a superior, but unless the Counsellors are thus allowed to be.
judges of their own errors, they will be so few, that the remaining
part will not consist of a number sufficient to proceed to
any business whatever. We pray that this may be remedied,
as also that pleading lawyers may not be of the Council.
(4) Among the many pressures the inhabitants of this island
frequently lie under, that of the King's officers collecting
the 4 per cent, custom is none of the smallest. Merely to
propagate their own interest they find fault with that part of the
country's product which is from time to time tendered by traders
and planters for the Custom of what they export, though commonly
the choice of the whole parcel to be shipped, on which the said
Custom becomes due, to no other end but that the shipper should
pay the same in money, which he is often compelled to do at the
rate of two, three and very often four shillings per cent, above
the common price. Thus the tax is raised from 4 to 6/>er cent.,
and the overplush, tumbling into the private purse of a customer,
he is able by being master of so much money, to purchase ordinary
sugars and other the country's growth at a shilling or two in the
hundred below the current rates. To remedy this and in regard
of the distant living of the planters from the Custom-house, we
AMERICA AND WEST INDIES. 16?
1698.
pray that an order may be given to the collectors to receive the
Custom not only at the town of St. John's, but also at the town of
Parham, the latter being as commodious for one part of the
inhabitants as the former is for the other part. Customs
are paid at the several towns in Barbados in this fashion.
We also pray that, if the ships through badness of weather
or other accidents cannot forthwith carry so much of the growth
of the country to either of the said towns as may be sufficient
to satisfy the 4^ per cent, of what intends to export, that the
Customer be obliged to accept as much money from the shipper as
may fully equal the value of such duty or custom, and eighteen-
pence or two shillings in the hundred more than such value,
according to the price then governing, to secure the said duty, till
the shipper can bring the same in specie to one of the two towns
before mentioned ; for the effecting which payment the space of
thirty days be allowed the shipper, and we pray when at any time
the goodness of the specie be disputed by the Customer, that it may
be in the power of any Justice of the Peace of this Island to
appoint by warrant under his hand three known honest men to
judge of the merchantableness of such specie, their return, or any
two of them agreeing, made on the back of the warrant to put
a full period to all differences. We suffer another intolerable hard-
ship from the Collectors. After the duty has been paid and the
cockett duly taken out of the office, the goods mentioned in the
cockett are not allowed to be shipped off from any of the con-
venient shipping places which God Almighty has been pleased to
benefit us with, except by a permit at the charge of three shillings
limited to a few days, which, through badness of weather and other
accidents the shippers have frequently been forced to renew so
often that the charge amounts to more than the whole custom to
the King. If the shipper presumes on his lawful dockett alone
to ship cargoes, they are seized and allowed to rot till the trial
is held at the time the officers think fit ; it may be in three, six or
eight months, which to our sorrow has not been discountenanced
by the chief authority amongst us. The shipper thus becomes
liable for not fulfilling his contract, loses the cargo which lies
rotting, and though cleared by the Court has to pay the costs of the
suit. Another grievance is that on all goods imported from
England or Ireland, though a vessel may bring 500 small parcels
belonging to as many several people, very many of the Planters of
late years sending for their own necessaries, before being admitted
to land the same, a permit for each individual with a forward
charge of three shillings is imposed on us on pretence of securing
the King's Customs, by inspecting the goods and comparing them
with the cocketts taken out of His Majesty's Custom-house in
Europe, which money, when thus unjustly forced from us, we can
truly say we never knew one example of such inspection, though
are of opinion such officers are ex oficio obliged constantly to nuiko
such enquiry without any charge, to the subject. We hope His
Majesty will order that all cocketts taken out of the Custom-house
of this island shall be deemed a sufficient licence to bring any the
growth of the same according to the quantity therein specified from
any bay, harbour, creek or other convenient shipping place belonging
168 COLONIAL PAPEKS.
1698.
thereto to either of the towns of St. John's or Parham, and that
no permit be granted on any score whatever except for bringing
by water a hogshead or other quantity of sugar to pay His Majesty's
Customs as occasion shall require, and that also gratis. And
if any perishable goods happen to be seized, that the customer shall
be obliged to deliver the same to the owner on receiving security of
double the value, the goodness of the security to be adjudged by any
two Justices of the Peace. And to prevent damage through delay,
that all actions and informations for seizures shall be brought in
any of the Courts of Common Pleas or General or Quarter Sessions
of this island, and there finally determined in three months or else
the bonds of security to be void. And that if the seizure be found
to have been unlawful, the defendant shall pay no cost and charge
of Court. And, in case of there being no Courts to try the seizures
within the three months, that the Governor and Council for the time
being be invested with full power and authority to determine the
said cause in the time mentioned. Signed, George Gamble, Speaker.
Endorsed, Reed, from Mr. Cary, March 28, 1699, Read April 25,
1699. 8 large closely written pages including brief abstract. Enclosed,
May 19. 297. i. An Act for the settlement of the Custom or Duty
1668. of four and a half per cent. Whereas by reason of
Antigua. ftiQ } a t e war several of His Majesty of Britain's
territories on this side the Tropick became subject
through conquest to the French King, and amongst
others this island of Antigua was subdued by Monsieur
De La Barr, Lt. General by sea and land to the said
French King, being assisted by the canibal Indians, by
means whereof all the lands within this island became
forfeited unto His Majesty, as by an Act of this country
bearing a date April 10 last may more at large appear,
Know ye that for and in consideration of new grants
and confirmation of our said lands under the great seal
appointed for Barbados and the rest of the Carribbee
islands by His Excellency William Lord Willoughby of
Parham, we do give and grant to His Majesty, his
heirs and successors for ever, by and with the advice,
consent and authority of the Council and Assembly
of this island that an impost or custom be from and
after the publication hereof raised upon the native
commodities of this island, viz. : four and a half per
cent, in specie to be paid to the King upon all
commodities of the growth or production of this island
shipped off from the same, under penalty of forfeiting
one moiety to the King and one to the informer.
Signed, W. Willoughby. Copy taken out of the records
in the Secretary's office of Antigua, certified, Walter
Quarme, Dep. Sec. 2 pp. [Board oj Trade. Leeward
Islands, 6. Nos. 16, 16 1.]
1699.
April 25. 298. Hudson's Bay Company to the Lords Commissioners.
The French Commissioners have not delivered in their full claim and
pretences at the same time as our ample deduction of right and
title, as promised. Though we gave a positive answer to that
AMERICA AND WEST INDIES. 169
1699.
irregular demand of the French on that simple point of Port
Nelson in submission to that Honble. person who required the same,
yet by the directions of the Treaty of Peace, providing for the
appointment of Commissioners to determine the rights and pre-
tension which either King hath to the places situate in Hudson
Bay, we conceive that we are not obliged to follow the French by
pieces and particular steps, but again insist that they may exhibit
their full title and claim as we have been obliged to do and then we
are ready to join issue with them. [America and West Indies.
Hudson's Bay, 539. No. 8. pp. 16-18.]
April 25. 299. Council of Trade and Plantations to the King. We
Whitehall. ] mve considered the petition of Francis Brinley (Feb. 23), but
muling nothing therein whereby we might be enabled to form an
opinion upon the right of the case, we recommend that, for
preventing the like obstruction of Justice, the Governor and Com-
pany of your Majesty's colony of Rhode Island be required to take
care that the petitioner be allowed to appeal to your Majesty from
the judgment already given, and further that all persons whatso-
ever who may think themselves aggrieved by sentences given in
the Courts of that colony be likewise allowed to appeal unto your
Majesty in Council. And that authentic copies of records and
other proceedings in all such cases be transmitted hither in order
to a final hearing and determination thereof. Sir/iied, J. Bridge-
water, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. [Board of Trade. Proprieties, 25. pp. 410, 411.]
April 25. 300. Council of Trade and Plantations to the King. As to
the proposals of the Royal African Company (March 30), the
measures suggested in (1) and (4) have long since been directed.
We think that one fifth-rate frigate should be appointed to cruize
as proposed (2), and it would be well if another could be spared
to cruize as proposed (3). Signed, J. Bridgewater, Tankerville,
Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board
of Trade. Plantations General, 35. pp. 38, 39.]
April 25. 301. Copy of the Docquett in the Signet Office book,
August, 1686, for a grant to Thomas Montgomerie of the office of
Attorney General in Barbados.
Copy attested by George Wooddesou, of the Signet Office, and
produced to the Board of Trade by Edward Chilton. Endorsed,
Reed. Read 26 April, 1699. [Board of Trade. Barbados, 7.
Xo. 85.]
April 25. 302. Minutes of Council of New York. Thomas Palmer,
Controller of H.M. Customs, summoned and confronted with
Matthew Clerkson, Secretary of the Province, who declared he had
heard him say he wondered that the Mayor and Mr. Lewis, being
merchants, should lay such a clog on trade as the revenue.
Corroborated by Andrias Gravenreadt. Palmer suspended from
his office.
April 26. Petition of Garret van Trift referred to the Mayor and Aldermen
for their opinion.
April 27. Col. Dongan's accounts ordered to be audited by a Committee.
3 COLONIAL PAPERS.
1699.
Execution granted against Valentine Cruger, surviving partner of
Francis Tyrens.
Inventory of Bradish's jewels. [Board of Trade. New York, 72.
pp. 223-226.]
303. Minutes of Council of New York in Assembly. Three
Bills (Ap. 22) read the second time and committed.
Bill for preventing vexatious suits read the third time and
returned down amended. A committee of both Houses appointed to
consider the bill about negroes and Indians.
Revenue bill sent up, read the first and second times and com-
mitted.
Bill against vexatious suits returned with amendments agreed to.
Amendments proposed to the Revenue Bill. A conference with
the Representatives arranged.
The Representatives do not agree to two of the amendments
proposed.
Bill for settling Jacob Milburne's estate read the first time.
An address from the House of Representatives with several
petitions annexed referred for consideration.
Anthony Blunt, Jonathan Bennet and Thomas Rothburne released
from their securities not to depart the province. [Board of Trade.
New York, 72. pp. 780-787.]
304. Council of Trade and Plantations to Lord Romney.
The letter we have received from the Ordnance Office we conceive
to be only for our information of the progress that is making. We
pray your Lordship to be mindful of causing as speedy a despatch
as may be of the several particulars mentioned in our letter of
Ap. 14. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt,
Jno. Pollexfen. [Board of Trade. Newfoundland, 25. p. 299.]
305. Mr. Lloyd, late Chief Justice of Jamaica, to the Council
of Trade and Plantations. A caveat against the late Act of
Assembly for a present of 1,500 to Sir Win. Beeston. The
pretence for giving him this money is to reward his care in the
time of the French invasion of that island. I was a principal actor
against them at that time, and have a Journal of the whole affair.
It will be ready for the Press by the beginning of next week. I
intend to dedicate it to your Lordships, and think it may induce you
to think he deserves not to be gratified for his behaviour on that
occasion. Signed, Rich. Lloyd. Endorsed, Reed. Read Ap. 26,
1699. [Board of Trade. Jamaica, 8. No. 118 ; and 56. p. 313.]
306. Minutes of Council of Virginia. By the state of the
Public Accounts laid before the Council it appearing that the
revenue is not above 200 sterling in arrear, it was not thought
necessary to recommend them to the General Assembly. Com-
missions for administering the oaths to the House of Burgesses
and General Assembly signed.
The illness of Mr. Secretary Wormley was announced. In
answer to enquiries about arms and ammunition, it appeared that
there were none, except only those at James City, Yorke and
Tindall Point, of which accounts had been already transmitted.
No arms had been sent into the Colony since 1692, when 200 were
AMERICA AND WEST INDIES.
171
April 29.
April 27.
Kensington.
April 27.
Kensington.
April 27.
Whitehall.
sent in by Jeoffrey Jeffreys, which were all burnt last fall in the
State-house. His Majesty's Instructions about fortifying the
harbours recommended. to be laid before the Burgesses. Capt.
Francis Clements attended as ordered and gave an account of
what he had done as Clerk of the Council, and how owing to
indisposition he was forced to apply for his discharge and leave
the minutes in the hands of Mr. Deputy Secretary Jennings, who
gave them to Mr. Robert Beverley. Clerk of the Council ordered
to enquire about them. Israel Voss authorised to pilot ships up
James River. Attorney General ordered to prosecute Robert
Beverley (see No.SQS) and Thomas Gyles for a similar forcible entry
upon lands belonging to Mrs. Mary Pitt in the Isle of Wight County.
Francis Mackennie, a Dissenting minister, petitioning for a
proclamation declaring the freedom and liberty of conscience for
Dissenters allowed by the Laws of England, was informed that such
liberty would be allowed them, provided they used it civilly and
quietly and did not disturb the peace' of the Government. [Board
of Trade. Virginia, 53. pp. 237-240.]
307. Order of King in Council, referring the Representation
of Ap. 25, about pirates on the coast of Africa, to the Admiralty.
Signed, John Povey. Endorsed, Reed. May 4. Read May 5, 1699.
[Board of Trade. Plantations General, 5. No. 12; and 35.
p. 41.]
308. Order of King in Council. Upon further consideration
it is decided to omit the words, " as also upon soldiers in pay "
from Col. Codrington's Commission. Mr. Secretary Yernon
to prepare a warrant for such a commission. In agreement
with the representation of the Lords Commissioners for Trade
and Plantations, they are hereby instructed to prepare a draft
of instructions to be sent to the several Governors whose Com-
missions have passed without the said alterations, that they do
forbear to put the same in execution, so far as relates to the said
alterations, which in time of peace may be supplied by the Legisla-
tive power in the General Assemblies of the several Plantations.-
Sifined, John Povey. Endorsed, Reed. Read May 2, 1699. 2 pp.
[Board of Trade. Leeward Islands, 6. No. 17 ; and 45. pp. 357,
358; and Plantations General, 35. pp. 40, 41.]
309. Memorandum of above Order. p. [Board of Trade.
Plantations General, 5. No. 13.]
310. Representation of the Council of Trade and Plantations
upon the petition of Mr. Chilton for the post of Attorney General of
Barbados. Since the removal of Sir Thomas Montgomery, who
was commissioned by the last King James, there has been no person
appointed by Patent to succeed in that office, but the same has
been executed by one appointed by the several Governors of
that island successively. We have received a very favourable
character of Mr. Chilton's capacity and zeal and recommend that he
be appointed, with a clause of residence. Signed, J. Bridgewater,
Tankerville, Ph. Meadows, Win. Blathwayt, John Pollexfen, Abr.
Hill. [Board of Trade. Barbados, 44. p. 254.]
COLONIAL PAPERS.
311. Order of Council instructing Mr. Secretary Vernon to
prepare a warrant for the appointment of Mr. Edward Chilton
as Attorney General of Barbados during his Majesty's pleasure,
" and that he be obliged by the said Commission to actual Residence
upon the place and to execute the said office in his own person,
except in case of sickness or other incapacity." Copy. Signed,
John Povey. Endorsed, Reed. Read 2nd May, 1699. [Board
of Trade. Barbados, 7. No. 84 ; ami 44. p. 255.]
312. Order of King in Council. The Lords Commissioners
of the Admiralty are to give the necessary directions for getting
ready the provisions for the soldiers at Newfoundland according to
H.M. Order in Council of April 6. Signed, John Povey. Endorsed,
Reed. Read May 2, 1699. [Board of Trade. Newfoundland, 3.
No. 141 ; and 25. p. 304.]
313. Order of King in Council. The Lords Commissioners of
the Treasury are to give the necessary directions for issuing the
sum of money requisite for raising and transporting the recruits
to Newfoundland and for the necessary charges of the several
particulars pursuant to H.M. order of April 6. Signed, John Povey.
Endorsed, Reed. Read May 2, 1699. [Board of Trade. Newfound-
land, 3. A T o. 139 ; and 25. p. 302.]
314. Order of King in Council. The Master General of
the Ordnance is to give the necessary directions that the several
services at Newfoundland directed by H.M. Order in Council,
April 6, relating to the Office of Ordinance be performed and
complied with with all convenient speed. Signed, John Povey.
Endorsed, Reed. Read May 2, 1699. [Board of Trade. Newfound-
land, 3. No. 140 ; and 25. p. 303.]
315. Order of King in Council approving the representation
of the Council of Trade and Plantations, April 25, on the petition of
Francis Brinley and commanding them to signify His Majesty's
pleasure to the Governor and Company of the Colony of Rhoad
Island accordingly. Signed, John Povey. Endorsed, Reed. Read
May 2. 3 pp. [Board of Trade. Proprieties, 3. No. 11 ; and 25.
p. 412.]
316. Minutes of Council of Massachusetts. Letter from
the Council of Trade, about Laws repealed and approved, read
and published. Capt. Timothy Clarke empowered to endeavour to
recover a vessel, the Ann, John Tooker, master, violently suspected
of having been wilfully sunk. Mr. Secretary Addington paid
W 17s. on account of fees. [Board of Trade. New England,
49. p. 206.]
317. Governor the Earl of Bellomont to the Council of
Trade and Plantations. I issued writs on Jan. 19 for the calling
an Assembly to meet on March 2nd, but Hudson's River not being free
from ice so as the members could come down from Albany or
Ulster Counties I adjourned it till March 21. There was the
greatest struggle at all the elections ever known and in some places
fighting and broken heads. Mr. Nichols, late of the Council, and
VMKKICA \\T> WEST INDIES. 173
1699.
Jamison, Clerk of the Council under Col. Fletcher, were the great
incendiaries, especially Nichols, who rode night and day about
the country endeavouring to possess the people that now was the
time to get rid of a revenue and set themselves on an equal foot of
liberty with the neighbour Colonies ; for paying Customs, he
insinuated, was a certain badge of slavery. The country people
learnt from him a by-word, Now or Never, which was very common
among them. In this town he encouraged a club of dissatisfied
marchands to the number of 28 or 80, where one constant health
was, To him that durst be honest in the worst of times. There
came a ship hither from England in Dec. and with her a servant of
Col. Fletcher's by whom he wrote to at least 20 of his friends here,
and assured 'em all his affairs were in a very prosperous condition
at the Court and that he made no manner of question to battle all
the accusations I sent home. Upon the receipt of these letters,
dated Aug. and Sept., the angry people here were so exalted
that their insolence grew intolerable, and because I had no
letters in several months from your Lordships or the rest of
the ministers, they looked on that as a fine presage of my disgrace
at Court. I was told Col. Fletcher animated his friends in those
letters to that contumely he inspired into them at his going away,
and advised them by all means to traverse me in the elections, for
that an Assembly that would refuse to continue the Revenue would
be a sure means to ruin my interest at Court and get me quickly
called home. In the beginning of winter I made new sheriffs in the
several counties, putting out Col. Fletcher's stale sheriffs of five or
six years' standing and putting in men of the best figure in their
counties and well affected to the King. The elections were very
fairly carried. The Leisler party (as the contrary party call 'em)
were 455 votes in this town against 177. Yet there was a cavil
afterwards raised by Nichols because the electors on both sides did by
a tacit consent name one candidate only, expressing the rest by the
word (company), to save time, because there were four candidates
of a side whom it would have been tedious to name. The Leisler
party voted for the Mayor of New York and Company. The others,
whom the Leislerites call the Jacobite party, voted for Mr. Wenham
and Company. This is all the objection I have heard the angry
men have made to the fairness of the election. Nichols and the
rest of the faction, as an artifice to draw all the English to vote for
their friends, called themselves the English party : but what is
observable and very ridiculous besides is, that three of the four
candidates they set up were aa mere Dutch as any are in this town.
Alderman Wenham was the only Englishman of 'em ; the other
three were Johannes van Kipp, Rip van Dam, and Jacobus van
Courtlandt. The names speak Dutch and the men can scarce
speak English. I discourage all I can these distinctions of Dutch
and English, which is set on foot by the factious people of this town,
and I tell 'em those are only to be acknowledged Englishmen that
live in obedience to the laws of England. The rest of the
Elections were all petitioned against to the Assembly, but their
suggestions were so frivolous that the disaffected party in the House
joined with the others in throwing the petitions out. That party
are but five in the House, and the hottest men of this Province
4 COLONIAL PAPERS.
1699.
next to Bayard, that's gone for England, and Nichols. For
instance, in the House of Representatives t'other day, upon reading
a Bill where were the words " late happy Revolution," Captain
Whitehead moved that the word " happy " might be left out, for
he did not conceive the Revolution to be happy. He is a member
for Queen's County on Nassau Island, keeps a public-house at a
town called Jamaica and is a disciple of Nichols'. 'Tis at his house
that Nichols had always a rendezvous with his pirates in Col.
Fletcher's time, and twice the last summer, as I afterwards heard,
and which Avas sworn to by John Williamson, whose deposition I
sent you Oct. 21 last (sic). Nichols has so poisoned the people of
Queen's County, who are all English, that three-quarter parts of
them are said to be downright Jacobites, and to avoid taking the
oath to the King, which I lately enjoined all the males of the
province to do from 16 years old and upwards. A great many men
in that county pretended themselves Quakers to avoid taking the
oaths, but soon after at the election of Assembly men, those very
men pulled off the mask of Quakerism, and were got very drunk
and swore and fought bloodily, their padrone, Mr. Nichols, being
a spectator all the while. In Suffolk County on Nassau Island
they are all English too, but of a quite different temper and
principle: the balance is ten Williamites for one Jacobite. Our
Assembly consists of 21 members, sixteen whereof are Leislerites
and voted for the revenue, and will, I am persuaded, be always
true to the King's honour and interest. They voted the
continuance of the revenue the third day of the session, and that
for six years after the expiration of the present revenue, and there
is a year of that term unexpired. I am told that two of them
would have had the term to be three years instead of six, and
Nichols is supposed to have tampered with them, having been
observed to be in their company.
I send a paper which was very industriously dispersed before the
elections, with design to obstruct the continuing a revenue to the
King. I have the first of them, that was left in the Coffy Ho*use
in this town, and 'tis writ by Col. Bayard's son and interlined
and amended by Jamison. 'Tis originally writ by Nichols,
and only copied by Bayard. 'Twas calculated to stir up sedition
among the people, and there is an unmannerly reflection against
the Privy Council of England about the order on the subject of
maintaining the privileges of this port against Perth-Amboy in
East Jarzey. The pamphleteer does not name the King in his
reflection because he durst not, but that he has malice enough
and disaffection I shall now prove by certain evidences that have
occurred to me the depositions of Mr. Edsall, an English gentle-
man that lives in Queen's County, and Mr. Governeur, a member
of this Assembly, of Mr. Parmiter, the Naval Officer, and
Mr. Lawrence, and a paper containing several articles against
Mr. Nichols which were intended to hinder his being sent to
England as agent for this Province, but had not that effect.
Mr. Nichols and Mr. Brookes were sent joint agents by Col.
Fletcher in 1695, and were taken by a French ship at sea and
carried into France, where they were kept prisoners for some time
at or near Brest, and some other person who was then a prisoner,
AMERICA AND WEST INDIES. 175
1699.
upon their enlargement and arrival in London, made oath, either
before the Privy Council or one of the Secretaries of State, that
they both uttered very scurrilous and opprobrious language against
His Majesty and declared themselves much in favour of the late
King James, and I think drank a health to the latter and confusion
to the former. The particulars I do not remember exactly.
May 8. I send the address of the House of Representatives to His Majesty
to congratulate his safe return to England from Holland.
May 12. In obedience to the commands of the Lords Justices (Nov. 10,
1698), I did with the advice and consent of the Council direct the
"Attorney-General to prepare and bring in a Bill for vacating
the extravagant grants of lands by Col. Fletcher to Mr. Dellius,
Col. Bayard, Capt. Evans, Col. Caleb Heathcot and to the Church.
The two last were the Governor's demesne, the first by the name of
the King's Garden antf that to the Church, the King's Farm ; and
though these two be the smallest grants, I always thought it a
greater impudence in Fletcher to give away the conveniences from
the King's Governors than in granting away a large tract or
two of land. The Council were equally divided, three against
three, so that I was obliged to give a casting vote for the Bill.
Those three that were against it have the largest grants in
the Province, next to Mr. Dellius's. We sent the Bill down to the
House of Representatives, where it met with a cheerful concur-
rence, they adding a clause to deprive Mr. Dellius of his benefice at
Albany, to which the Council and I agreed. The enclosed minute
will show you that I have got the Bill made to tie up my own and
all succeeding Governors' hands from granting away or so much as
leasing the demesne of the Governor for more than his own time
in the government. I did not think fit to put the regulations
ordered in the Lords Justices' letter in the granting of lands into
this Bill, because this is intended only as an essay, and I thought it
would be best to defer the making those regulations part of a Bill
till I should try another session to vacate all the other extravagant
grants, which are 8 or 9 in number. In the next place I was
apprehensive those regulations (one whereof is that every 100 acres
shall pay a quit rent of 2. 6rf. per annum to the Crown) might
alarm the Assembly and prejudice them against such a charge on
their lands. The getting this Bill passed has drawn upon me the
implacable hatred of the parties concerned, and the rest of Fletcher's
Palatines, those, I mean, that have immeasurable grants, fancy
I shall push at them the next time, so that they are equally angry.
As for the King's Farm granted to the Church, the whole faction, I
understand, are resolved to bring on uiy head the anathemas of the
Bishop of London and the Clergy, if they can by any means
provoke 'em to resent its being evacuated with the rest ; not-
withstanding I have given the English Minister much more than an
equivalent for what the Act of Assembly has taken away, for by the
King's Farm he had but .i'7 per annum rent and I with the consent
of the Council have allowed him '26 per annum to pay his
house rent, in which we are warranted by the King's instructions.
In obedience to your commands I have had the Bill against
Privateers and Pirates passed, of which you sent the draft with me,
but that for settling the Post Office, the Council and I thought fit to
L76 COLONIAL PAPERS.
1699. *
respite till the next session, at the earnest request of Col. Hamilton's
Deputy Postmaster, who pretends the bill as at present drawn will
totally discourage the keeping up that office. The passing an Act to
set the value of men's estates to serve as jurors, which your
Lordships also ordered me, is complied with. A Bill for facilitating
the conversion of Indians and Negroes, which the King's instructions
require should be endeavoured to be passed, would not go down with
the Assembly, they having a notion that the negroes being converted
to Christianity would emancipate them from their slavery and loose
them from their service, for they have no other servants in this
country but Negroes. A Bill to enforce the building of public work-
houses (another instruction from His Majesty), to employ the poor
and also vagabonds, I offered to the Assembly, but they smiled at it,
because indeed there is no such thing as a beggar in this town
or country, and I believe there ft not a richer populace anywhere in
the King's dominions than is in this town.
May 16. Yesterday in the evening the House of Representatives brought
me a remonstrance which they desired I would humbly lay before the
King. I could not refuse the receiving it and promising them
to send it to your Lordships that, if you thought fit, it might
be presented to the King in their names, for I take it to be the
right of the subjects to petition the King. But I should first have
told your Lordships that I was forced to use an artifice to save
Mr. Graham, the late Speaker, from being expelled the House. I
was informed by Dr. Staats, one of the Council, yesterday morning
that the Representatives had prepared a Remonstrance and were
resolved to compel Mr. Graham, their Speaker, who has the ill-luck
to be hated by all parties in the House, to deliver it to me attended
by the whole House, and in case of his refusal to throw him out.
Afterwards Mr. Graham came to me with great concern and told
me that the Remonstrance was produced and read in the House,
but that he would be torn to pieces sooner than bring up and read
such a paper at the head of the House, which, he said, arraigned
all the proceeding against Leisler and Milburn, and by so doing, he
said in terminis, it would be cutting his own throat. Upon which,
having been ordered by the Lords Justices' letter of Nov. 10 to
swear Mr. Graham, among other persons therein named, of
H.M. Council, I sent for the House of Representatives and
acquainted them with the King's commands and swore Mr.
Graham of the Council and directed them to go and choose another
Speaker, which they did, and chose Mr. Gouverneur, who I believe
penned the Remonstrance, where your Lordships will meet with
some expressions and words that are not very proper English. It
goes.
The Council and I during this session reversed a judgment given
by Col. Fletcher and the Council in his time against Mrs. Wandale,
a widow, in favour of one Alsop. I will shortly send a copy of her
husband's will and a state of her case, that you may be judges how
crying a piece of injustice it was in Col. Fletcher to strip the
widow of her estate. Common fame says that Nichols had a good
part of the estate for prevailing with Fletcher to give that unjust
judgment, and that Fletcher had 607. for his share. This sort of
proceeding is a mystery of iniquity, and hard to find out and-
AMERICA AND WEST INDIES. 177
1699.
discover the truth of. Alsop is a silly sort of man and perhaps
might betray his bargain with Nichols ; but this is certain that
when Col. Fletcher pronounced his judgment he was observed to
fall into an agony and trembling and grew very pale, so that
everybody present took notice of his strange disorder. I have
this morning prorogued the Assembly to the 20th of next Sept.,
and this afternoon I am to embark for Boston in New England,
on board a little galley which the Lt.-Gov., Mr. Stoughton, and
the Council have sent to transport me thither. The short discourse
I made to the Assembly at my parting with them goes. Signed,
Bellomont. Endorsed, Reed. Aug. 31. Read Dec. 8, 1699.
6 closely written pp. Holograph. Kn closed,
817. i. Abstract of preceding letter. 2^ pp.
317. n. Copy of Mr. Nichols' Pamphlet intended to influence
the elections of Assembly men with a view to their
refusing to continue the King's Revenue. 6^ pp.
Endorsed, Reed. Aug. 31, 1699.
317. in. Copy of Deposition of Samuel Edsall and Abraham
Gouverneur, Ap. 24, 1699, that in Jan. 1690 William
Nichols and Nicholas Bayard, when brought before
Capt. Leisler, refused to own King William and Queen
Mary lawful King and Queen of England. Endorsed as
preceding. 1 p.
317. iv. Printed copy of Lord Bellomont's Speech to the
House of Representatives, March 21. Endorsed as
preceding. 3 pp. Printed and sold by William Brad-
ford, Printer to the King in the City of New York.
317. v. Copy of deposition by Paroculus Parmyter (March 25,
1699) that in December last William Nicholls expressed
great dissatisfaction with the late Revolution. Endorsed
as preceding. 1 p.
317. vi. Copy of deposition of Daniel Lawrence (April 19,
1699) that about ten years since William Nicholls told
him that he and a companion killed a man with their
swords, and, escaping from prison, fled to Spain and
thence to this country. Endorsed as above. 1 p.
317. vn. Copy of articles exhibited against William Nichols,
Oct. 26, 1695, to prevent his being sent Agent to
England. He is represented as a scoffer at religion, a
Jacobite, whoremonger, and murderer. Signed,
Susannah Churchill and Daniel Lawrence, sworn before
Alderman Beckman. Endorsed as preceding. 2 pp.
317. vni. Copy of an Address of the General Assembly of New
York to the King. Expressing loyalty, and appreciation
of Bellomont. Signed, Ja. Graham, Speaker, Jo. D.
Peyster, Abrah. Gouverneur, K. V. Reneselaer, Henry
Peirson, Gerrit Veghte, Jno. Jackson, Tho. Morgan,
D. Pro Voost, Math. Howell, Leo. Lewis, Gab. Ludlow,
(Clerk of the Assembly), Hendrick V. Brurnt, Cornelius
V. Brint, Beyers Sheruicheorn, Jno. Drock, A. Hosberk,
Jno. Hunt, Jno. Jonson Cleeker, Cornelis Sebring,
Danl. Whithead, Jacob Rutson. Endorsed as preceding.
If >.
12208 M
178 COLONIAL PAPEKS.
1699.
317. ix. Minute of Council of New York, Ap. 6, 1699, referred to
in preceding letter. Endorsed as preceding, f p.
317. x. Copy of Petition and Remonstrance of the General
Assembly of New York, May 15, 1699. We were very
uneasy under an arbitrary commission in the late
King James' reign which gave the Governor the power
of levying money without calling an Assembly, where-
fore, and because of the dreadful violence we apprehended
would be done to our conscience by a popish, arbitrary
King, we. freely and heartily threw off the yoke of popish
tyranny. Never a Revolution was carried on and
managed with more moderation. The execution of Capt.
Leisler and Mr. Milborn was barbarous. Then Richard
Ingoldsby, a hot headed inconsiderate person, a simple
Captain of Foot, was made a Commander-in-Chief. Col.
Fletcher coming made his government an entire mass
of corruption by encouraging piracy etc. Taking into
consideration what was done by Parliament in reversing
the attainders of Captain Leisler and others, we now beg
the extension of the royal bounty and favour of the
families of Leisler and Milborne and the payment of
2,700 to them for what was expended in the late happy
Revolution. And for the better administration of
Justice, that two or three able Judges may be sent
from England and two or three counsel, who have
acquired to that noble profession by study, not by
usurpations, for the maintenance whereof we shall not
be wanting. And that Col. Fletcher's coat of arms
be pulled down from the King's chapel in the fort,
especially since his birth was so mean and obscure that
he was not entitled to bear a coat of arms. Signed,
Abrah. Gouverneur, Speaker. Endorsed as preceding.
1 large p.
317. xi. Copy of Lord Bellomont's speech upon proroguing the
Assembly, May 16, 1699. Endorsed as preceding. f p.
[Board oj Trade. New York, SA. Nos. 23, 23i.-23xi. ;
and 53. ^.-376-390; and (abstract) 45. pp. 42-45.]
April 27. 318. Journal of Council of Trade and Plantations. Papers
concerning Capt. Evans returned to Mr. Weaver to lay before the
Lords of the Admiralty.
Three representations signed. Orders of Council, March 16,
upon the representation about Col. Fletcher's musters, and
April 20, upon that relating to Col. Codrington's Commission read.
Col. Codrington's Instructions considered. Mr. Gary desired to
note the names of the Members of Council in the Instructions of
Col. Codrington, deceased, who are dead or have been removed, and
to give a further list of names with characters of persons fitted to
fill up the vacancies.
April 28. Sir William Waller and others presented the agreement between
Charles II. and the Duke of Courland about Tobago, and promised
other papers.
The Secretary ordered to acquaint the Agents with their design
of settling there.
AMERICA AND WEST INDIES. 179
1699.
Lists of those named for the Council by Col. Codrington, 1697,
and for St. Christopher's in Sir Nathaniel Johnson's Instructions,
ordered to be sent to Mr. Gary for his observations.
Col. Codrington attended and agreed to what their Lordships had
thought fit in order to the terminating of differences between him
and Mr. Lucas.
Mr. Lloyd granted a copy of the minute of Council of Jamaica,
June 6, 1694.
Letter from the Victuallers of the Navy read and answered.
Ap. 27-28. Letter to Mr. Poultney about the gunners at Newfoundland
ordered. [Board of Trade. Journal, 12. pp. 17-21 ; and 96.
Xos. 68-69.]
April 27. 319. Journal of General Assembly of Virginia. Benjamin
James City. Harrison having been appointed by the Governor Clerk of the
General Assembly took the oath appointed. He was sent to summon
all the gentlemen of the House of Burgesses to attend H.E. and
Council immediately in the Great Hall, which owing to the late
unhappy fire is where the Council will now sit. The Burgesses
attended. H.E. told them he had appointed a house for their
sittings, Members of Council to administer the oaths to them, and
William Randolph to be Clerk of the House of Burgesses.
April 28. The Burgesses were summoned from their house and attended.
The Governor delivered his speech, directing them to choose a
Speaker.
April 29. The Burgesses not yet having chosen a Speaker, the Clerk of the
General Assembly was sent to them directing them to do so forth-
with. They replied that they were equally divided between two
candidates on the vote for a Speaker, and could not therefore choose
one till the rest of the members of their House came to town.
H.E. commanded their immediate attendance and desired their
company on Monday at the College of William and Mary in Virginia,
recommending them to adjourn accordingly. [Board of Trade.
Virginia, 52. pp. 70-75.]
Ap. 27. 320. Journal of House of Burgesses of Virginia. Forty
James City, burgesses uiul William Randolph, Clerk of the House, took the
Ap. 28, 29. oa ths appointed. Sec abstract oj -Journal <;/' (ian'ral Assembly.
[Board oj Trade. Virginia, 5*2. pp. 346-348.]
April 28. 321. William Popple to Commissioners for Victualling
H.M. Navy. In reply to your letter of the 15th to the Treasury,
(1) The provisions sent to the soldiers at Newfoundland last year
were to be distributed at short allowances, and the same is
intended for those to be sent this and the succeeding years.
(2) The number of men to be provided for is sixty-one. (3) The
ten recruits may have such allowance as is usually given to
passengers on the King's account. [Board oj Trade. Newfound-
land, 25. p. 301.]
April 28. 322. William Popple to John Pulteney. Great complaints
\vhit.-hnli. having been made of the sufferings of the gunners in Newfound-
hind the last year for want of provisions or money to buy them,
care is taken that provisions be sent and distributed to them this
year as to the soldiers ; therefore it may be fit that the officers
180 COLONIAL PAPEES.
1699.
of the Ordnance make deduction of Qd. per diem out of each of the
said gunners' pay, to satisfy the Victuallers of the Navy who send
those provisions. {Board of Trade. Newfoundland, 25. pp. 301,
302.]
April 29. 323. T. Weaver to Mr. Popple. In answer to your letter of the
27th inst. in relation to Capt. Evans, please acquaint their Lordships
that the papers came but lately to my hands, after his ship is laid
up, his pay received and he out of the service, and thereby he is
become less liable to the censure of the Lords of the Admiralty.
Besides, a prosecution against him would be considerably chargeable
to Lord Bellomont, who cannot as yet receive money due to him
from the Treasury to defray the expenses he hath already been at
and to support other prosecutions. I thought it proper to lay the
papers before their Lordships, because they give some light into
the maladministrations of the late Governor of New York, and
their Lordships may be truly possessed how far to give credit to
anything Capt. Evans may offer against Lord Bellomont. Signed,
T. Weaver. Endorsed, Reed. Read, May 2, 1699. I p. [Board oj
Trade. New York, 8 A. No. 25.]
April 29. 324. Victuallers of the Navy to Mr. Popple. We have
received y urs of 28t h and an order from tbe Admiralty of the 26th
requiring us to provide and send for Newfoundland with H.M.S.
Hampshire such a quantity of provisions of proper species as may
be sufficient for one whole year for sixty-one soldiers now at that
place, and to solicit the Treasury for money for the same and to
take care that the provisions now ordered be furnished after the
rate of &d. per diem per man, the prime cost. We send you copies
of two letters we wrote to the Admiralty upon this occasion.
We suppose that it is intended we should freight some merchant-
man to carry the provisions as we did last year, and that the cost
of freight, cash, baggs and all charges over and above the prime
cost should be paid by His Majesty as before. In the Navy Board's
order to us there is no mention of the ten recruits. It is requisite
we should have an order for their victualling, and in what manner
they are to be victualled in their passage, unless it is intended
that they should take their passage on the Hampshire and be
victualled with the seamen there. The ship that is to carry the
provisions to Newfoundland, the Master will not oblige himself to
attend the man-of-war unless he sails at the same time with him.
Signed, Tho. Papillon, Simon Mayne, J. Burrington. Endorsed,
Reed. April 29. Read May 2, 1699. Enclosed,
324. i. Victuallers of the Navy to the Admiralty.' Provisions
are dearer than last year, but as we shall this year
not have to send a copper furnace and mills as last year,
we hope that at the prime cost they may come to stand at
but about Qd. per man per day. Besides the prime cost
of the provisions which the last year came 557 13s.
I0d., which was but '2 lls. Qd. above Qd. per man per
diem, there was the charges of casks, iron hoops, freight
etc. amounting to 170 3s. lid. Copy^.
324. n. Victuallers of the Navy to the Admiralty. We have
been treating with a Master of a Ship bound for
AMERICA AND WEST INDIES. 181
1699.
Newfoundland to carry the provisions, and the lowest
price we can reduce him to is twenty shillings per
tun, which we think is a moderate price, but he will by no
means be obliged to attend the Hampshire unless she
sails at the time he is obliged to sail, which by charter
party he is obliged to sail from the River by May 20.
Copy. [Board oj Trade. Newfoundland, 3. Nos. 142,
142 1. ; ami (without enclosures) 25. pp. 305, 306.]
April 30. 325. Mr. Secretary Vernon to Council of Trade and Planta-
Whitehall. tions, referring the petition of Edward Jones to the consideration
of the Board. Annexed,
325. i. Petition of Edward Jones to the King. John Dudgeon,
lately appointed Secretary of Bermuda, doubts whether
he may be able to execute the office owing to infirmity,
and is willing to surrender it to me. Two former Secre-
taries held also the post of Provost Marshal. I beg to
be appointed Secretary and Provost Marshal. 1 p.
Endorsed, Reed. Read 8 May, 1699. Annexed,
325. n. Certificate of several gentlemen that Edward Jones is
duly qualified to execute the offices of Secretary and
Provost Marshal of Bermuda. 28 April, 1699. Twenty
signatures. I p. [Board of Trade. Bermuda, 3. Nos.
34, 34 1.; and (without enclosures), 29. pp. 129, 130.]
May 1. 326. Edward Randolph to Council of Trade and Plantations.
Bermuda. I } e ft Carolina (of which I gave an account in my letter of
March 16) on March 27 and arrived here on April 4. I waited
on Governor Day soon after my landing. He made a severe
complaint against Samuel Trott, the present Collector, and pressed
me to turn him out forthwith. I find that the cause why the
Governors successively imprison him is that, all them being
traders, they could not carry on their designs unless they were
secure in a Naval Officer and Collector. I have found no cause to
suspend Mr. Trott.
These islands were from their first discovery under the direction
of a company, as Carolina. They sent them a Governor from
England or sometimes appointed one upon the place. The
inhabitants finding their Governors to exercise great severity upon
them, taking from them their estates without judges or jury,
prayed Charles II. to be taken under the immediate government
of the Crown. Upon full proof, their Charter was vacated and the
King appointed Sir Robert Robinson Governor, and gave him
an honourable maintenance, but not content, [he] tried all ways
by sea or otherwise to get an estate. He made his own officer.* ;
Richard Ash worth, his cook-maid's brother, was his Naval Officer,
Sir Robert traded in his name, and though Mr. Trott was Collector
by deputation from the Custom-house, yet Sir Robert turned him
out and imprisoned him for his pleasure and made Thomas Burton,
a stranger of no estate, Collector, saying the Commissioners of
Customs have 110 power to appoint an officer when the King has
sent his Governor. Mr. Richier succeeded him. He built a sloop
with the King's timber, and sold half to Devereux, a Scotch-
man, and for the grace of the matter gave him the title
2 COLONIAL PAPERS.
1699.
of Colonel with a commission to apprehend all sea-rovers.
I found by the Collector's books in Maryland that Devereux
took 80 hogsheads of tobacco aboard and carried it to Glascow,
whence he imported a great cargo of Scotch manufacture. Mr.
Trott seized and prosecuted vessel and loading, having the plainest
evidence against her, but Eichier prevailed with the judge of his
own appointment to clear them and to give costs and damages
against Mr. Trott. He is imprisoned about half a year. Groves, a
broken merchant, was put in his place, and Capt. Hall of H.M.S.
Rebecca ordered not to assist the collector. This occasioned his
removal, and Col. Goddard succeeded him in his government and
way of trade, which he could not well drive on so long as Mr. Trott
was collector. He made his nephew Brooks Naval Officer, and
displaced Trott by his nonsensical and arbitrary warrant, and placed
him in his office. Brooks was made Secretary also ; he traded 4o
Cura9ao for him. Contrary to H.M. Instructions about choosing
the Members of his Council etc. from " not necessitous people or
much in debt," he made Gilbert Nelson, who confessed he owed
13,000 in London, and a man of no faith, to be of his Council and
Chief Judge. Uneasy at this the inhabitants intended to prosecute
him before H.M. in Council, but hearing he was out of the Govern-
ment, applied to Governor Day for redress. He at first smoothed the
matter till he had wheedled them out of 300. He promised those
whom he had vexatiously and most unjustly oppressed that he
would see they should have the benefit of the law against him,
and encouraged Trott to bring his action against him for 500
for false imprisonment and against Nellson for refusing to
grant a writ of Habeas Corpus. He cast Nellson and had
judgment against him for 500. He had arrested Goddard by
the Governor's allowance, but granted an injunction out of
Chancery to stop all proceedings. He would suffer no man to
arrest him for their just debts, but guarded him till he was got
aboard. Col. Goddard has made Stephen Crow, formerly his groom,
his sheriff. He had a great deal of the public money and papers in
his hands. He gave no security for his office, he was not to be
arrested ; but is gone to England, so that their creditors are left
without hopes of recovering their debts, and because they endeavoured
to get their own, he with the former Governor have by their interest
at Court obtained a credit against the oppressed inhabitants, who
are all looked upon to be rogues. Governor Day after he had made
sure of his 300, turned out Capt. Walker, Col. Anthony White and
Capt. Harford from the Council, continued Nelson and Outerbridge,
and chose John Brooks, a broken scrivener in London, who came
over a covenant servant about two years ago, who are true to his
interest, right or wrong. Nelson declared in Council that the
Governor could make a decree in Chancery without the assent of
any of the Council, who are masters in Chancery also. 'Tis pleasant
to see him keep one Daniel Smith (who, being in a vessel ready to
founder, was saved by Avery and acquitted at Providence) a close
prisoner, and make Outerbridge one of his Council, who was part
owner of the Amity Thomas, Tue (Tew) master, and was at charge
to set her out to the Red Sea. He received about 540 left by Tue
in Boston for his share. Smith has petitioned to be sent to England
AMERICA AND WEST INDIES. 183
1699.
or tried here, but he has land worth 4 or 500, and Nelson and his
Sheriff must first bleed him well. 1 have little conversation with
him [Day] but find him a man loden with pride and vanity ; more*
fit for a Bashaw than a Governor.
There was in the magazine when he arrived about 40 barrels of
powder. He has squandered away a great part of it by his
unnecessary salutes. He commanded his Captain of the Castle
to salute him with 7 guns whenever he crossed the harbour, etc.
Col. White remonstrated and pointed out the danger of running
short, whereupon the Governor sought all occasions to make him
an example for his sauciness. The last sessions of Assembly
depositions were taken that proved Nelson guilty of bribery as a
judge. The Governor hearing of it adjourned them. At their
next meeting having more evidence intended to have him prosecuted
the next Court of Assizes, but the Governor prorogued them and
would force the Assembly papers out of their hands. Some time
after it was contrived by Nelson and one Crane (not worth a
groat) the sheriff, that Col. White must be charged with speaking
ill words against the Government. The Governor grants his
warrant to Crane to fetch him before him and break open his
doors if he could not readily find him. Crane with five or six
men broke open the doors ; aiid next Sunday the Governor issued
the enclosed proclamation. White rendered himself and the
Governor committed him to gaol by his own warrant: he was
forced to serve Nelson with a writ of Habeas Corpus. Nelson by
the Governor's directions would accept no bail unless Mr.
Dickenson, Col. White's son-in-law, would be one of the securities,
on purpose to prevent his going to England to represent their
arbitrary proceedings. Col. White having given security, the
sheriff demanded twenty pieces of eight for his fee, two pieces are
his due by law, and kept him above 48 hours without meat or
drink, and threatened to keep him in prison till he was paid, but
would not let him have a copy of the Governor's warrant, neither
would Nelson, the Chief Judge, take his deposition that Crane had
refused him a copy.
These Governors are the aggressors upon H.M. subjects, who, if
they complain, are represented to be the opposers of H.M. Govern-
ment. Sir Robt. Robinson caused the vessels fitted out to the
wreck to stay three weeks or a month at great charge in the
harbors, till they had given him security to let him have a large
share at their return ; and then sent men on board who would
not let them have their parts after they had paid H.M. tenths and
what they were obliged to let him have. Mr. Richier erected a
Court-Martial in time of peace, and charged some of the chief
inhabitants with treason and would have hanged them. Col.
Goddard made his confidents, though not worth a farthing, his
prime ministers and officers of trust. They squeezed the poor
inhabitants, but gave no security for their places, and run away
with their money.
The present want of ammunition may prove the loss of this
country ; if the French should surprise it, it will ruin utterly the
whole trade of England to and from the Sugar Plantations. Ships
homeward bound must get into Lat. 29 before they meet with a
184 COLONIAL PAPERS.
1699.
westerly wind. The French with a small fleet of nimble vessels
will take them all, and putting a strong garrison into St. Augustine
not tenable by the Spaniards, they will have a good harbour to
receive vessels of 30 or 40 guns, and so shut the English out of all
their West India trade. I cannot send depositions, for the
Governor will not let any be taken till he has consulted upon it.
I am obliged to stay here till I can get a passage to Providence. I
am indisposed, not finding agreeable diet or drink. I have not
been accustomed to rum. Signed, Ed. Randolph. Please to
excuse the writing, the matter is too true. Endorsed, Reed.
June 10. Read July 4, 1699. Copy. 3 pp., with abstract 2 pp.
Enclosed,
326. i. Copy of Sir Robt. Robinson's warrant to William Jones
to imprison Samuel Trott. 1 small p. Endorsed, Read
July 4, 1699.
326. n. Copy of Governor Isaac Richier's order to Capt. Hall
not to assist Trott, the Collector. 1 p. Same endorsement.
326. in. Copy of Col.Goddard's appointment of Thomas Brooke,
Collector. 1 p. Same endorsement.
326. iv. Copy of Proclamation for the arrest of Col. White.
1 p. Same endorsement.
326. v. Copy of warrant for imprisonment of Col. White.
April 18, 1699. 1 p. Same endorsement.
326. vi. Certificate that Col. Anthony White was sworn a
member of Council. Aug. 17, 1698. Signed, Charles
Minors, Secretary. ^ p. Same endorsement. [Board
of Trade. Bermuda, 3. Nos. 35, 35i.-35vi. ; and
(without enclosures] 29. pp. 149-159.]
May 1. 327. Minutes of Council of New York in Assembly. Bill
for settling the estate of Jacob Milburne read the second time and
committed. The discharge of the Government's debts recommended
to the consideration of the House of Representatives. The Attorney
General declared that the Council in Assembly had power to
determine causes of Law and Equity. Committee appointed to draw
up a scheme of fees for the Collector and Naval Officer.
May 2. The scheme was approved. The Milburne Bill was read a third
time and passed. Upon consideration of the address of the House
of Representatives with the petitions of Jacob Leisler, Gerbrant
Claese and Robert and Anne Evernden, it was resolved that this
House intermeddles not where matters have not been tried in
Courts of Law or Equity.
May 3. Col. Abraham Depeyster's complaint about the Fortune recom-
mended to the House of Representatives.
May 4. Bills for defraying the debts of the Government ; for preventing
frauds and embezzlement of drift whales, &c. ; for preventing
trespasses ; and for granting jl,500 to the Governor and 500
to John Nanfan, L.G., sent up, read the first and second time and
committed.
Mr. Livingston's petition referred to the Assembly. {Board oj
Trade. New York, 72. pp. 787-792.]
May 2. 328. Mr. Secretary Vernon to Council of Trade and
Whitehall. Plantations. The four companies at New York being reduced to
AMERICA AND WEST INDIES. 185
1699.
about half their established number and there being no provision
made for recruiting them to their full complement of 100 men
each, His Majesty hath thought fit to establish them at 200 men,
viz., the said four companies to consist of 60 men each. I enclose
papers from Sir Lambert Blackwell about the fish trade in the
Mediterranean and the answer of the Admiralty to your represen-
tation about adding another frigate to attend Barbadoes. Signed,
Ja. Vernon. [Board of Trade. Trade Papers, 14. pp. 255-257 ;
and New York, 53. p. 296.]
329. Memorandum of above letter. Eecd. May 8. Read
May 4, 1699. J p. [Board of Trade. New York, 8 A. No. 27.]
May 2. 330. Memorandum of above letter. Endorsed, Reed. May
3rd, Read 4th May, 1699. Enclosed,
April 27. 330. i. Extract of a letter (Ap. 27) from the Lords Commissioners
of the Admiralty to Mr. Secretary Vernon. As to what
is desired by the Governor of Barbados and proposed by
the Lords of the Council of Trade, viz. the sending two
fifth rates to attend on that island, we desire that you
will represent to his Majesty that at this time the greater
part of the ships in pay are abroad and that in our
humble opinion one ship of the fifth rate is sufficient for
the service of the said island. And so soon as it
can conveniently be done the ship that is now there
shall be relieved by one reputed a better sailer. Same
endorsement. 2 pp. [Board of Trade. Barbados, 7.
Nos. 87, 87 1. ; and 44. p. 256.]
May 2. SSI.' Petition of Captain John Poyntz to the Council of
Trade and Plantations that he may be heard in Council before a
report is made about the settlement of Tobago. The Petitioner
claims to hold a grant from the Duke of Courland for the greater
part of the island, and to have developed the planting and settling
of the island in spite of heavy losses during the late war.
Sir William Waller and his associates have no title or interest
in the island. Signed, John Poyntz. Endorsed, Read May 10,
1699. 1 p. [Board of Trade. Barbados, 7. Ao. 88 ; and 44,
p. 261.]
May 2. 332. Edward Randolph to William Popple. I have written
Bermuda, to the Board. There have been successively four Governors here
who have been very careful to oppress the inhabitants. I only
find one good thing done by any of them the passing of the Act
for Habeas Corpus by Col. Goddard, but he had 300/. for it and
was the first that broke it. I beg their Lordships will give no
credit to what he or Governor Day writes till they have heard
some of the chief upon the place. Signed, E. Randolph. Endorsed,
Reed. June 10. Read July 4, 1699. Holograph, 1 p. [Board of
Trade. Bermuda, 3. No. 36 ; and 29. pp. 159, 160.]
May 2. 333. Wm. Thornburgh to William Popple. At a Board of
the Lords Proprietors of the Bahama Islands held last night I laid
before their Lordships your letter with the enclosed complaint of
the Dutch Ambassador. They ordered a copy to be delivered to
186 COLONIAL PAPERS.
1699.
Mr. Trott, and that he appear at the Board on Monday the 8th and
deliver his answer in writing. A copy will be transmitted to you.
Signed, Wm. Thornburgh. Endorsed, Eecd. Eead May 3, 1699.
[Board oj Trade. Proprieties, 8. No. 12.]
May 2. 334. Minutes of Council of Virginia. His Majesty having
been pleased to cause a new seal to be made for his Colony and
Dominion, the old seals ordered to be brought and publicly
broken. The Governor communicated a letter from the Hon.
Thomas Harvey, Dep. Governor of North Carolina, March 16,
1698(9), announcing that he had appointed Daniell Akehurst and
Capt. Henderson Walker to wait upon him with their Charter in
order to settling the bounds between the two Governments.
Messrs. Akehurst and Walker had arrived in James City. It was
resolved that before any proceedings were entered into with them,
it was first necessary to enquire how they were empowered to treat
and whether their Governor was approved by His Majesty and had
taken the oaths appointed. And in order to exhibit the Governor's
Letters Patents they were desired to attend the Council Chamber
that afternoon. A proclamation ordered forbidding all corre-
spondence with the Scotch in the West Indies. The minutes entered
in a different hand were announced to be done by Mr. William
Beverley. The Governor showed his Commission to the
Commissioners from North Carolina, and they produced theirs
from Mr. Harvey. They said that Mr. Harvey was not approved
by the King as the Act directed, whereupon the Council, considering
that he could not therefore give sufficient power to any persons to
act under him in that affair, resolved not to proceed with it, but
that the Government of Carolina be desired *to procure instruc-
tions from England for settling the boundaries, and that
Commissioners be desired to have the Charter of the Proprietors of
North Carolina recorded in Virginia, to which they consented. A
letter to the Deputy Governor of North Carolina, acquainting him
with these proceedings and the reasons for them, ordered.
May 3. . Charles Scarborough was sworn a member. Aaron Whitsun,
master of the Integrity, complaining of injuries done him by Peter
Hayman, Collector and Naval Officer, and John Hanley complaining
of injuries done to him by Sampson Dorrell, were referred to trial
at Common Law. John Hanley claiming 44 17s. for a platform
constructed by him at Tindall's Point under an agreement with
Sir Edmund Andros, Edmund Jennings and Matthew Page were
ordered to view the platform and report to Mr. Auditor Byrd, who
was ordered to adjust Hanley's account. The claim of Richard
Dunbar, Gunner at Tindal's Point, referred to the Auditor.
George Turner's petition for lands in New Kent County lodged in
the Secretary's office. [Board of Trade. Virginia, 53. pp. 240-
245.]
May 2. 335. Journal of Council of Trade and Plantations. Letters
from Mr. Weaver read. The papers he required ordered to be
given him.
Order of Council, Ap. 27, about Col. Codrington's Commission
read, and an Instruction ordered accordingly.
Order of Council of Ap. 27 about constituting Mr. Chilton
Attorney General in Barbadoes read.
AMERICA AND WEST INDIES. 187
1699.
Three Orders of Council of April 27 concerning Newfoundland
read and ordered to be communicated to Mr. Thurston.
Col. Codrington and Mr. Lucas attended. Mr. Lucas declared
that finding it is the opinion of their Lordships that the letter to
Admiral Nevil concerning the late Col. Codrington is writ in an
unfit and undecent stile, he acknowledged his error in having used
divers passionate expressions reflecting upon the honour of the said
Governor.
Col. Codrington promised in the future to live with him in all
manner of fairness and friendship, and signed, sealed and delivered
to him a warrant to two persons to acknowledge satisfaction upon
the judgment obtained against him, as also a general release.
Order of Council of Ap. '27 re Rhode Island read and a letter
to the Governor ordered accordingly.
May ;J. Letter from the Victuallers' Office read and answered.
Letter from Mr. Thornburgh promising Mr. Trott's reply read.
Representation according to the petition of Edward Jones for the
places of Secretary and Provost Marshal in the Bermuda Islands
ordered.
May 4. Letter to the Government of Rhode Island signed.
Letter from Mr. Secretary Vernon, May 2, read and enquiry as
to the establishment of the forces at New York ordered to be made
of Mr. Weaver.
Representations about Mr. Edward Jones and Mr. Lucas signed.
May 5. Col. Codrington's Instructions considered.
Order of Council about Pirates on the coast of Africa read.
Mr. Cole, Mr. Merret and others to whom the matter of the Duke
of Tuscany's prohibition of ill-conditioned fish into his dominions
had been referred by the Board attended and said that they had
not heard of any complaints made in the streights of the ill-
curing of Newfoundland fish, but think that if there have been
any fault of that kind, it has happened not from the quality of the
salt but from the negligence of the men, who, through haste of
finishing their voyages and getting first to a market, do sometimes
take their fish out of the press-pile and ship it away before it be
put into the dry-pile, where it ought to lie three or four days.
They believed that the Duke of Tuscany's proclamation may have
rather proceeded from the ill quality of herrings than of New-
foundland fish, and named Mr. Edward Gold, Mr. Charles Ball,
Mr. Charles Henshaw as persons proper to inform the Board in
that matter. They and Mr. Lockely were desired to attend the
Board on Tuesday.
The Secretary ordered to write to the Attorney General for a
speedy dispatch of his report on the Barbadoes' Acts or to send
them for a particular occasion, to be returned to him.
Col. Codrington's Instructions considered. [Board of Trade.
Journal, 12. pp. 21-30 ; and 96. Xos. 70-73.]
May 2. 336. Journal of General Assembly of Virginia. The
Burgesses having chosen a Speaker prayed leave to present
him. Being ordered to attend they presented Mr. Robert Carter,
who was approved, and claimed the privileges of the House, which
\\ere.granted. The Governor delivered his speech, referring to the
day of public rejoicing on May Day at the Peace, which they
188 COLONIAL PAPERS.
1699.
had solemnised at the Royal College of William and Mary, and then
reading his Commission. He gave some of the Lords Justices'
instructions to the Speaker and a letter from the Council of Trade
about an Act being passed concerning privateers and pirates. He
recommended the speedy building of a larger and more convenient
House in the place of that burnt the last fall, and the amendment of
the law about the militia. He announced that he would send
for their consideration several letters, etc., he had received con-
cerning the Rangers, the Indians and their trade, and recommended
to them the Lords Justices' instructions about restraining
immorality.
May 3. Upon a message from the Burgesses, a copy of H.E.'s speech
was sent to them, with instructions from the Lords Justices.
[Col. 1698, No. 819.]
May 4 & 5. The grievances of the inhabitants of the upper parts of York
County were rea'd and referred to the Burgesses, as also the con-
sideration of the equal regulation and division of counties and
parishes. The Burgesses applied for several new writs. A Com-
mittee of both Houses was appointed to settle the controversies
arising from claims to lands in Ponaunkey Neck and on the south
side of the Blackwater Swamp, and to consider the most proper
means to settle the Northern and Southern bounds of the Colony.
[Board of Trade. Virginia, 52. pp. 75-83.]
May 2. 337. Journal of House of Burgesses of Virginia. Mr.
Robert Carter chosen Speaker. (See preceding abstract.) The
Clerk's commission was read and he was ordered to receive the
Records of the House, which he did. A Committee for Elections
and Privileges Mr. John Custis, chairman, Messrs. Barrett,
Ransone, Corbin, Coltson appointed, and Mr. Miles Gary, junr.,
appointed Clerk. The Committee to examine returns upon
Elections. Richard Morris, John Remington, Wm. Drew and
John Hixfor appointed Doorkeepers. The Orders of the last
House were read, approved and continued. Ordered, that the
House be called over as often as thought convenient and members
wanting in their duty be liable to the censure of the House.
Ordered, that fifteen members with the Speaker be a sufficient
number to adjourn. Commission appointing John Chiles King's
Messenger to attend the House of Burgesses read.
May 3. Petitions concerning the undue elections of Mr. Fowler, Burgess
for James City and Mr. Anthony Armistead for Elizabeth City,
referred to the Committee for Elections. (And see preceding abstract
May 4. under date.) Resolutions passed upon the reports of the Committee
of Elections. Applications for new writs ordered. A Committee for
Public Claims (Mr. Gary, secretary), and a Committee for
Propositions and Grievances (Mr. Bartholomew Fowler, secretary)
appointed. All such claims and grievances to be brought in to
May 5. the House by May llth. The Clerks of the Committees ordered
to take the Oaths appointed before entering into their offices. (And
see preceding abstract.) Grievances of various counties were read
and referred to Committee. [Board of Trade. Virginia, 52.
pp. 348-370.]
AMERICA AND WEST INDIES. 189
1699.
M;iv 2. 338. Mr. Secretary Yernon to the Council of Trade and
Plantations. I enclose copies of letters and papers from Sir
Lambert Blackwell, relating to the prejudice like to befall our
fish trade in the Mediterranean, if more care be not taken to carry
fish thither better salted and cured.
Memorandum of above letters. Reed. May 3, Read May 4,
1699. Enclosed,
338. i. Sir Lambert Blackwell, H.M. Envoy at Florence, to Mr.
Secretary Yernon. I enclose the Duke of Mantua's
reply to my letter which accuses receipt of that from His
Majesty. Last week was published here by order of the
Great Duke a proclamation which proves very prejudicial
to the sale of all English salt fish. The Factory made
their complaints to me and I have procured the best
interpretation of it in favour of the English. Signed,
Lambt. Blackwell, Leghorn. Ap. 13, 1699. lfp.
Same endorsement. Enclosed,
338. ii. Translation of the Duke of Tuscany's Proclamation
prohibiting the sale of ill-conditioned fish in his
Dominions, on pain of fines, confiscation and corporal
punishment. 1 pp. Same endorsement.
338. in. Translation of a letter from the Governor of Leghorn
to Sir Lambert Blackwell, Ap. 13, 1699.
The order of the Great Duke is not directed against
the English merchants but to the preservation of his
subjects' health by prohibiting the sale of any ill-con-
ditioned salt fish. 1J pp. Same endorsement. [Board
of Trade. Newfoundland, 3. Nos. 144, 144 i.-m. ; and
25. ^.308-310.]
May 3. 339. William Popple to Victuallers of the*Navy. There is no
Whitehall, objection to what you propose in your letter of April 29. It is
not necessary to send provisions for the ten recruits because it
is probable the number of soldiers will be diminished at least
so many either by death or desertions. The ten men in their
passage may very well be victualled with the seamen as you propose.
[Board of Trade. Newfoundland, 25. p. 307.]
May 3. 340. Lt.-Gov. James Norton to Council of Trade and
St. Christo- Plantations. As I was not upon the island at the time the French
pher's. Ambassador pretends some spoils to have been done by His Majesty's
subjects upon the French part of the island after their having
notice of the conclusion- of peace, I am obliged to refer your Lord-
ships to the reply of His Majesty's Council here (No. 282). I
enclose a petition to His Most Sacred Majesty with a memorandum
of the want of stores for this island. Since my coming here to my
government there has been no manner of spoils or depredations
upon the French part. Signed, James Norton. Endorsed, Reed.
June 26. Read Sept. 21, 1699. Enclosed,
340. i. Petition of the L.-G., Council and Assembly of St.
Christopher's to the King. We, your Majesty's most
dutiful, loyal and obedient subjects, return our sincere
and hearty thanks to Almighty God for the blessings of
a glorious peace established by your Majesty's most
190 COLONIAL PAPERS.
1699.
sublime wisdom and courage, the happy influence
whereof we now enjoy, etc. And whereas your Majesty
hath been graciously pleased to send a regiment of
soldiers under the command of Col. Francis Collingwood
to these your Majesty's islands, thereby giving a full and
clear demonstration of your Majesty's tender regard for
our safety, it inspires us with a boldness humbly to
present the necessities the late war has reduced us to ;
having expended a great part of that remnant we pre-
served from the hands of the enemy in opposing their
attempts and designs, who daily watched to deprive
your Majesty of your just right in this island by our
destruction. We therefore in all humility implore your
Most Sacred Majesty's clemency in granting us your
royal concessions for the suspension of your Majesty's
duties of the four and half per cent, and the enumerated
for a few years, whereby we may be enabled to recover a
competency for the support of our families ; and the
liberty of humbly presenting to your Majesty's con-
sideration a memorial of those wants of stores which
our present extremities renders us uncapable of furnish-
ing ourselves with for your Majesty's fortifications.
Signed, James Norton, William Willett, Henry Burrell,
Mich. Lambert, John Garnett (Council) ; Jed. Hutchin-
son (Speaker) ; Saml. Creek, Panton, Jon. Pogson,
Thomas Bisse, Eowland Davis, Bastian Branch, James
Biskett, John Moorhous (Assembly). Copy. Endorsed,
Reed, June 26, Read Sept. 21, 1699. 2| pp.
340. ii. Memorandum of wants of (military) stores. 1 p.
Endorsed -as above. [Board of Trade. Leeward
Islands, 6. Nos. 18, 18 i.-n. ; and 45. pp. 403-404,
409.]
May 3. 341. Council of Trade and Plantations to the Governor
Whitehall. an( j Company of H.M. Colony of Rhoad Island and Providence
Plantation. We enclose H.M. order of April 27, on our representa-
tion relating to the petition of Francis Brinley. His Majesty
expects your speedy and punctual obedience. Signed, J. Bridge-
water, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen,
Abr. Hill. [Board of Trade. Proprieties, 25. p. 413.]
May 3. 342. Board of Ordnance to the Council of Trade and
Plantations. In answer to yours of April 26 we have laid before
the Treasury the particulars relating to Newfoundland, and desired
their directions if they shall think the money appropriated by
Parliament may be made use of for that service. Care is taken for
stopping 6(7. per diem out of the pay of each gunner there
belonging to this office from Aug. 31 last for provisions. Signed,
C. Musgrave, Ja. Lowther, Wm. Boulter, Jo. Charltonil. En-lowil,
Reed. May 6. Read May 10, 1699. I p. [Board of Trade.
Newfoundland, 3. A'o. 143; and 25. p. 311.]
May 3. 343. Governor the Earl of Bellomont to Council of Trade
New Vork. an( } Plantations. I presume you will have a full account from
AMERICA AND WEST INDIES. 191
1699.
Boston of a parcel of pirates lately taken there, with their ring-
leader, Joseph Bradish, born at Cambridge near Boston. They ran
away with the Adventure, and sank her between Nassau and Block
Island. I had no notice till a week after that and could have done
nothing towards seizing the ship or men without a man-of-war,
which the Lords of the Admiralty seem to think these provinces un-
worthy of. I send depositions concerning the pirate ship. The
bag of jewels mentioned in Peirson's deposition were opened before
myself and the Council, where I had ordered a Jew in this town to
be present, he understanding jewels well. At first sight we thought
there had been 10,000 worth, but we soon found they were counter-
feit. I seized three men in this town who I had noticed were
come from Block Island and had concealed some of those pirates'
money, and I secured them here till I gave the Governor of Rhode
Island notice where the money was concealed, which I hear he has
since secured, Block Island being in his government. That money
I understand is near 1,000. Ten or eleven of the pirates are
seized at New London by Col. Winthrop, Gov. of Connecticut, and
1,800 in money. At Boston they have taken 15 or 16 and
5 or 6,000. The Governor of Rhode Island is said to have
seized another parcel of money, so that there may be in
the whole near 10,000 secured for the owners in England,
who, I hear, are Sir Joseph Herne, Mr. Sheppard, and Mr.
Heathcote. What I have received from Peirson is lodged
with Col. Courtland the Collector, and shall be forth-
coming to the owners upon your Lordships' order or such
other authority as I can be secure in. Lt.-Col. Peirson came
frankly and voluntarily to me and owned Bradish had been at
his house and left some bags of money with him and a bag of
jewels. He has a fair character and is a man of substance
and member of the present Assembly. I frightened him by telling
him he would stand in need of the King's mercy, for that by
the Statute 28 of Henry VIII. he was equally guilty with Bradish.
I hope your Lordships will obtain the King's leave for me to
pardon him, which I will not do without your leave, though you
write (Oct. 25) that I have a power by my commission to pardon
pirates. I assure you I do not intercede for him upon the score of a
reward. Five or six of the men that ran away with this ship under
Bradish are some of Col. Fletcher's pirates that went out with Tew
and other pirates commissioned by Fletcher. Two or three of 'em
have wives in this town and were actually, as I have been informed,
in town. I laid out for 'em, but they are too well befriended to
be given up to justice and I am apt to believe they are still here. I
send the deposition of Daniel Scrogham about a pirate ship at
Saltertudos that robbed several ships there, and the memorial of
John Clotworthy, master of a sloop that came hither from Jamaica.
llyne the Pyrat he informs of is a bloody villain, has murthered
several men, and will give no quarter, they say, to Spaniards that he
takes. He belongs to this town, his wife and family now here. He
was master's mate of the Fortune, which I seized at my first coming
here, which had been also commissioned by Col. Fletcher. About
three weeks since there came a ship within Sandy Hook,
the mouth of this port, and lay at an anchor three days.
192 COLONIAL PAPERS.
1699.
The Custom House Officer sailed by her in a sloop and
hailed her, asking whither she was bound ; she answered to the
Port of New York, but she never came hither, so that she is
supposed to have been a pirate. She was of about 150 ton. We
may be insulted here and the trade destroyed, if we cannot be
allowed a ship of war. 'Tis reported here that several ships
belonging to this and the other colonies to the number of four
and twenty are taken by the Spaniards in the bay of Campechi,
whither they went to take in logwood. 'Tis also said the Spaniards
are provoked to it by the Scotch late settlement on Golden Island
near Darien.
I formerly gave your Lordships to understand the badness of
the forts of Albany and Schenectade. The Governor at Albany
has sent me word the platforms are so rotten that he dare not fire
a gun, and indeed those forts are so scandalous that I cannot give
a low enough idea of them. They look more like pounds to
impound cattle than forts. In my letter by Lt. Hunt I made bold
to advise that the money Col. Fletcher should be found indebted
to the King (which I was then and still am of opinion would upon
a fair account prove to be 10 or 12,000 sterling) might be
applied to the building of good stone forts at Albany and
Schenectade and repairing this fort at New York, which will cost
at least 1,000 more. 'Tis wonderful to me how Col. Fletcher
could pretend to apply the greatest part of the 30 per cent, to the
repairs of this fort and the Governor's House, when I found
everything out of repair when I superseded him. The palisades
of this fort are quite decayed, and a third part of them
destroyed and wanting; one of the bastions cracked through,
which will fall if not speedily rebuilt ; the parapet gone
to decay and must be renewed. The palisades, 'tis com-
puted, will cost 600 at least, to be well done, and the bastion
200, and the parapet 200. The roof of the house too is out
of repair, so that it rains in, and the lowest floor is decayed and
rotten, so that I believe the repair of the house will cost near 200
more. The old part of the house is a comfortable, convenient
dwelling enough and might have contented a Governor of much
better quality than Col. Fletcher, and the new building will cost first
and last about 5,000 N. York mony, so that 'tis plain here is
so much mony consecrated to his vanity. Where all this mony will
be got to build and repair forts I cannot tell, unless Fletcher be
made to refund. The Assembly here I am almost certain will not be
brought to raise it, for I cannot prevail with 'em by any means
to consent to such an additional duty as will pay the debts of
the Government, which amount to upwards of 5,000.
I intend pursuant to the orders of the Lords Justices (Nov. 10, '98)
to endeavour to break the two excessive grants of land to Mr. Dellius,
by Act of Assembly, and also Mr. Bayard's of 40 miles long, which
comprehends part of the Mohacks land, and whereof they also
complained to me at Albany, and also to break Capt. Evans's
and the lease of the King's Farm to the Church and King's
Garden to Col. Heathcote, all granted by Col. Fletcher most
impudently and corruptly. These I believe I shall prevail to
get a bill to pass for the breaking of, and I will have a
AMERICA AND WEST INDIES. 1 '.>:<
1699.
clause or clauses to stand in the bill to disable me and all
succeeding Governors from alienating or lessening the demesne
of the King's Governor for the time being. When this is
done and the before-mentioned grants are vacated there will
remain these following extravagant grants, viz. : Col. Smith's,
which Mr. Graham, the Attorney-General, assures me is 50 miles
long and the whole breadth of Nassau Island, most of it granted by
Col. Fletcher ; Mr. Fred. Phillips' and his son Adolphus Phillips',
two great tracts of land to Col. Courtland, one whereof is 20 miles
square, as I am told, and the other not much less ; Col. Beeck-
man's grant, Col. Peter Schuyler's, Mr. Livingston's and Mr.
Renslaer's; all which comprise, I verily believe, full f parts
of this province, and are one with another, the two leases
aforesaid excepted, 20 miles square by the nearest computation I
can make ; so that I appeal to your Lordships what care has been
taken by Col. Fletcher of the interests of the Crown and this
province. Neither do I find there is 5 per annum quit-rent
reserved to the Crown upon all these vast grants put together,
which is an insufferable fraud in Col. Fletcher. I observe in
that clause of my Commission, which empowers my granting of
lands and directs the reservation of a quit-rent, the words are
[for what yearly quit-rent you shall think fit] ; now the words,
" you shall think fit," are very extensive words, and if I be a
knave, I will fob the Crown off with a Racoon skin per annum out
of 900,000 acres of land, and will [tldnkfit] to compound with the
grantee for a good fine to myself. These last-mentioned grants I
have neither time nor strength to break at this time, but if you
wil^ send over a good Judge or two and a smart, active Attorney-
General, I will God willing be back hither from Boston the
latter end of this summer and will then have a session of Assembly,
and will break all these extravagant grants and will settle such a
scheme by Act of Assembly as shall tie up my own hands and
those of all succeeding Governors, and all that whole matter shall
be under such limitations and reservations as the Lords Justices
have ordered. I beseech your Lordships to consider that in
obeying your orders in vacating these grants for I esteem them
yours, since they were grounded on your representation and all
your other orders which tend to a reform of all abuses in this
province, I draw on myself the most virulent odium of all parties
concerned, which will multiply the clamours and complaints of
theirs and the Marchands' Agents in London. Therefore I must
beg your protection. I acquainted your Lordships formerly that
the factions, marchands and others in this town had agreed in
their Cabal that they would use a stratagem to get me recalled,
which was this, they would write home by all opportunities to
their agents in England to teize (tease) the ministers with com-
plaints, that importunity might serve instead of argument. I was
yesterday again informed the angry people here have sent a
petition to their agent in England against me for disturbing their
trade and several trivial articles not worth the naming to your
Lordships, and that 'tis an agreed, resolved thing among 'em to
multiply complaints against me by all conveyances to England.
12208 N
194 COLONIAL PAPERS.
1699.
I made no alteration in the Commissions of the Peace or the
Militia of the Provinces till the middle of this last winter, that I
might try by all means to make those men whom Col. Fletcher
left in power and office tractable to Government. But I found the
more indulgent I was, the more insolent they and their party grew,
and they began to interpret my moderation to be fear. Yet did I not
make a total remove of them, but blended the parties, giving
the balance a little to the Leisler side, as in justice and prudence I
thought I was obliged to do, for the King's service ; the angry party
declaring openly against continuing the Revenue to the King,
but the Leislerites warmly for it, who have been as good as their
words. The country were very uneasy under the authority of
Fletcher's officers, and I was mightily importuned to change them.
As an instance of the people's aversion to their late officers, on
Nov. 4 last I had the City Regiment drawn out among other
respects to the King's Birthday. The regiment consisted that day.
but of 200 men, besides officers, and on the 13th of last Feb.,
the anniversary of the King's being proclaimed King, I had the
Regiment drawn out under the new officers and they were then 500
men. I also have had 'em out on the llth of Apr., the day of H.M.
coronation. The officers I treat at my own charge, but the soldiers
at the King's. I do not find Col. Fletcher left me a precedent
for this, but I think it a useful piece of ceremony, because it helps
to affect the people to the King and puts 'em in mind of their duty to
him ; for before they had no idea of anything greater upon earth
than Col. Fletcher, and he seemed to be of that mind himself.
Signed, Bellomont. Endorsed, Reed. Sept. 20, Read Dec. 8, 1699.
5 pp. Enclosed,
343. i. Abstract of preceding letter. | p.
343. ii. Abstract of preceding letter. If pp.
843. in. Deposition of Simon Bonan, a Jew, about the
Adventure at Nassau Island. March 30, 1699. Copy.
1 p. Endowed, Reed. Sept. 20, 1699.
343. iv. Deposition of Capt. Samuel Mulford, of East
Hampton, Nassau Island. On March 20 Lt.-Col. Henry
Peirson of Sagaponnock, Nassau Island, brought
Bradish off from the Adventure, and Josiah Topping, of
Sagaponnock told him that Bradish and Peirson went
to that place together with a wallet of about the bulk of
1,000 pounds in silver. March 30, 1699. Copy. If pp.
Endorsed as preceding.
343. v. Deposition of Cornelius Schellinx about the Adventure.
Dated and endorsed as preceding. Copy. 1 pp.
343. vi. Deposition of Lt.-Col Henry Peirson about the
money and jewels Joseph Bradish left in his hands.
April 11, 1689. Copy. 1^ pp. Endorsed as preceding.
343. vii. Account of the money left with Peirson. 1 p.
Endorsed as preceding.
343. vin. Inventory of the jewels left with Peirson. 1| pp.
Endorsed as preceding.
343. ix. Proclamation for the apprehension of Joseph
Broadish and his crew. Signed, Bellomont. April 9,
1699. 1 p. Copy. Printed by 'William Bradford.
Endorsed as preceding.
AMERICA AND WEST INDIES.
195
1699.
May 4.
Whitehall.
May 4.
Whitehall.
May 4.
Whitehall.
May 4.
May 5.
May 4.
May 5.
343. x. Deposition of Daniel Scrogham, master of the sloop,
Samuel and Susannah, about a pirate that robbed
several ships at Salt-Tertudos. April 12, 1699. Copy.
1 p. Endorsed as preceding.
343. xi. Deposition of John Clatworthy, master of the sloop
Mary, about a bark belonging to Boston that had been
robbed at Salt-Tertudos with 18 other ships by one
Hine of New York, a pirate. May 1, 1699. Copy.
p. Endorsed as preceding. [Board of Trade. New
York, SA. Nos. 26, 26 i.-xi. ; and 53.' pp. 390-402 ;
and (abstract) 4. pp. 45-48.]
344. Council of Trade and Plantations to the King. We are
of opinion that your Majesty may be graciously pleased to remit
unto Mr. John Lucas his fine of 100. Mr. Lucas has come to
England in accordance with our representation to the Lords Justices.
The occasion of his fine arose from some heats and animosities
during the government of Col. Codrington, deceased. Mr. Lucas
has made such acknowledgements of his disrespectful behaviour as
that his son, Governor Codrington, has voluntarily discharged
him from the judgment of 2,000. Signed, J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of
Trade. Leeward Islands, 45. pp. 358, 359.]
345. William Popple to Thomas Weaver. What advices have
you about the present number of effectual men in the four
Companies at New York? May it be reckoned that they now
consist of 200 men complete in the whole or no? [Board of
Trade. New York, 53. p. 297.]
346. Council of Trade and Plantations to the King. We
recommend Mr. Edward Jones to be both Secretary and Provost
Marshal of the Bermuda Islands. Signed, J. Bridgewater, Ph.
Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board oj
Trade. Bermuda, 29. pp. 130, 131.]
347. Minutes of Council of New York. A scire facias ordered
against the manucaptors in the case of Depeyster and Cruger.
Petition of Duncan Campbell read.
Four pounds ordered to be paid to Lt. John Riggs for expenses.
[Board of Trad.'. New York, 72. pp. 226, 227.]
348. Minutes of Council of Virginia. Richard Dunbar
praying to be discharged, the account of his stores ordered to be
examined. Audit of public accounts ordered for June 20, and
thereafter quarterly. H.M. instructions concerning the establish-
ment of a Court of Exchequer referred to Mr. Auditor for his
opinion ; those concerning the Secretary's Office to Mr. Secretary ;
and those for the improvement of the country to Richard Lee,
\\illiam Byrd, Charles Scarburgh and Benjamin Harrison.
Proceedings of the Council read.
Ordnance stores saved from the Swift ordered to be sent home
as directed by the Ordnance Office, the rest of the stores to be sold.
The ship Integrity having been condemned in the Court of
Admiralty for a breach of the Acts of Trade, the master, Aaron
196 COLONIAL PAPERS.
1699.
Whitson, was given liberty to purchase her at the appraisement
made when he appealed ; he letting fall the prosecution of the
appeal. [Board of Trade. Virginia, 53. pp. 246-248.]
May 5. 349. Henry Adderley to William Popple. In reply to yours
London. O f March 10, the merchants trading to New York are afraid to fall
under the lash of the Government there if they officiously make
affidavits of their knowledge of the present state of New York
before a Master in Chancery unless duly summoned to it by
authority. Signed, Hen. Adderley. f p. Endorsed, Reed. May 6,
Read May 10, 1699. [Board of Trade. New York, 8 A. No. 28.]
May 5. 350. Minutes of Council of New York in Assembly. A new
Bill about drift whales ordered. The three other Bills sent up
May 4 read the third time and passed. List of the Custom-house
Officers' fees sent to the Representatives. Bill for settling and
supporting ministers read the first time. Bills for regulating
the fences in Ulster; continuing the Act for encouraging the
Post Office two years longer ; and for regulating the election of
Representatives, sent up.
The Representatives replied that they had no power to make the
Fortune free, but proposed that Col. Depeyster be permitted to load
some lumber and navigate her to some other port where she might
be lawfully sold.
May 6. Bill for support of Ministers read the second time. Bills for
reviving an Act regulating the retaining of Attorneys ; encouraging
the Post Office ; and regulating elections read the first and second
time and committed. Bill for breaking certain extravagant grants
ordered.
May 8. The Bill read the first time. The case of Audry Wandall v.
Richard Alsop considered. Bills about Attorneys and Elections
read the third time and passed. A place at the mouth of Maiden
Lane in Queen's Street appointed for shipping goods as well as the
Custom-house wharf. [Board of Trade. New York, 72. pp. 792-798.]
May 6. 351. Mr. Secretary Vernon to the Council of Trade and
Whitehall. Plantations. I enclose a copy of a letter from the Consul at
Algiers to the Admiralty. His Majesty refers to your con-
sideration whether merchant ships belonging to the Islands or
Plantations, or that shall trade thither, should* not have the
Admiralty Passes to secure them from the Algerines. Sif/ncd,
Ja. Vernon. Annexed,
351. i. Letter from the Admiralty to Mr. Vernon. Enclosing
copy of
351. n. Letter from Mr. Robert Cole, Consul at Algiers, to
the Admiralty, March 4, 1699. I am sorry that the
Admiralty Passes for our Navigation are to be con-
tinued, since it's an undeniable truth that they are
the only instruments that can breed misunderstanding
between Our Great Master's subjects and this Govern-
ment. Heretofore Ireland, New England nor other
foreign parts were not prepared with Passes, so that it
seems to me that one part of H.M. subjects have the
advantage of the Peace and others not. [Board of
Trade. Trade Papers, 14. pp. 269-272.]
AMFJMCA AND WEST INDIES. 197
1699.
May 6. 352. Mr. Addington to Mr. Popple. This accompanies the
Boston. minutes of Council, Sept. 22, 1698 Ap. 7, 1699, and the Journal
of the General Assembly, Nov. 15, 1698, with the Acts and Laws
then passed and four private Acts omitted to be sent before. The
Bill for regulating and inspecting the building of ships has
been re-enacted at the instance of the merchants, the benefit
having been observable as well for the preservation of life
as estate. Their Lordships' letter of Feb. 3 with the enclosed
orders of the Lords Justices have been received by the C.-in-C. ;
the orders have been published, and the pacquets directed to the
Governments of Connecticut and Rhode Island transmitted unto
them. Enclosed is a Proclamation for apprehending pirates.
Bradish and ten more of his confederates are taken and imprisoned
within this Government and betwixt two and three thousand
pounds in money found with them seized and secured. Near a
like number with some considerable quantity of money are secured
in Connecticut, and some money and goods at Rhode Island. No
process is yet had against them in custody here, in expectation of
H. E. Lord Bellomont's speedy coming to the exercise of his
* Government over this Province, where all things are in present
quiet. Signed, Is a - Addington. Endorsed, Reed. July 15. Read
July 25, 1699. 2J pp. Enclosed,
352. i. Copy of a Proclamation by the Lt.-Gov. of Massachusetts
Bay for the apprehension of Bradish and his
accomplices. Signed, Wm. Stoughton. Endorsed,
Reed. July 15, 1699. 2 pp. [Board of Trade. New
England, 9. Nos. 59, 59 1. ; and (without enclosure) 37.
pp. 161-164.]
May 6. 353. Minutes of Council and Assembly of Nevis. Patents
for lands issued to Mr. Carpenter and William Pym Burt.
Col. Daniel Smith returned James Bevon and Wm. Ling Assembly
men for the S.E. division. Col. Abbot returned Mr. Tovey and
Mr. Goare for the N.W. Mr. Bevon returned Mr. Brome and Mr.
Pinney for the town; Mr. Symonds returned Mr. Evans and
Mr. Henly for St. George's ; Col. Smith returned Mr. Gardner and
Mr. Belman for the N.E. The Assembly was sworn, elected
Mr. William Ling, Speaker, and proposed that the case of
Richard Tovy, who was reported to be not fairly elected, be heard by
both Houses. [Board of Trade. Leeward Islands, 64. p. 495.]
May 6. 354. Journal of House of Burgesses of Virginia. The
Governor's speech considered. Grievances read and referred.
May 8. An address of thanks to the Governor ordered. The Bills pro-
posed in the Lords Justices' Instructions, with other matters
contained in the Speech and several Claims and Grievances, were
referred to Committee of Propositions and Grievances. Upon the
report of the Committee,- the grievances from Accomack and
Lancaster Counties, praying that negroes be made real estate and
be sold by deed only, were rejected. As to the grievance of Surrey
County about marriage with negroes and mulattoes, it was agreed
that this is already sufficiently provided against by law, as also
the exportation of negroes. Upon the grievance from Elizabeth
City County, it was decided to prepare a Bill for the payment of
198 COLONIAL PAPEKS.
1699.
taxes by free mulatto women. It was agreed that the laws already
sufficiently provide against the entertainment of servants and
slaves. Upon the grievance of Middlesex County a Bill was ordered
for imposing a tax of 10s. per poll upon all imported servants, not
English, and negroes, the tax to be for three years and appropriated
to building a State House. The grievance of Accomack, that
Virginia has no agent in London, referred to the next Assembly
owing to want of money. As to the grievance of Accomack it was
decided there was no need of a law to free Justices from arrests
in Court times. In accordance with a grievance from Northampton
County, the place for the holding of General Courts will be provided
in the new State House, and in accordance with those from York
and Elizabeth City Counties, a Bill was ordered to be prepared
for preventing the discontinuance of Courts and process by the
not coining of the Justices.
May 8. The grievance of York County was rejected, it being held that
York Court is already conveniently settled. Upon the grievance
of Lancaster County that justice is greatly delayed by the thinness
of the magistracy and their frequent adjournments and chiefly by
the selling of drink near the Court-houses, it was answered that
the first might be remedied by application to the Governor and the
second would be met by the Bill against Immorality, etc. The
grievance of Accomack, praying that the time of payment of
Burgesses upon their journies might be enlarged, was rejected, but
that proposing that a Bill to prevent undue elections be prepared
was agreed to. In accordance with the grievances of Lancaster,
Accomack, New Kent and Henrico Counties, a Bill was ordered to
be prepared to prevent the exportation of old iron, and a Bill
prohibiting the unseasonable killing of deer, on the grievance of
Accomac. But the grievances of Accomac, praying that the
encouragement to the Indians for killing w r olves might be increased
and of Northampton and Nansemond that it might be lessened, were
rejected. Suggested alterations of Miller's Toll were rejected, with
the proposition of Westmorland County to encourage the destruction
of crows.
May 9. The House in Committee considered the value of coins, and
May 10. resolved, that all pieces of eight, as well Peru as others, that
weigh twelve pennyweight do pass current at 4 shillings and all
half pieces of eight weighing six pennyweight at 2s. and
so to be advanced fourpence upon every pennyweight. All
quarter pieces to pass current at fifteen pence ; Royals at
sevenpence halfpenny and half Royals at threepence three
farthings as formerly ; Dog and Lion dollars at 4s. each ; Rix
dollars or ducatoons at 6s. ; French crowns at 5s. ; Spanish pistols
and Luidors at 20s. ; Chickeens and Arabian pieces at 10s. These
values not to extend to the payment of debts already contracted.
Bill ordered to be prepared accordingly, and a Bill to confirm
their lands to all persons. The proposition of two members that
Hogstoaling may not be understood to be within the law for
prosecuting and trying negroes or slaves in the County Courts
for capital crimes by commission of Oyer and Terminer read,
and referred to Committee of Grievances. (And see following
abstract under date.) The House disagreed with the report of
AMERICA AND WEST INDIES. ,L99
1699.
the Committee of Grievances that a Bill for the prohibition of
the exportation of Indian corn was not necessary and ordered
it to be brought in accordingly. It was decided that, a firm peace
being concluded, there was no need to accept the proposition of New
Kent County that the law for Rangers be continued. Proposition
from Gloucester County that H.M. quit-rents may be paid in
tobacco at 2d. per pound etc. rejected as belonging to His Majesty
to deal with. Proposition of Lancaster and Gloucester Counties
that Coroners may be had in every County, and that a law
be made how writs of Replevins should issue referred to
Committee for revising Laws. It was decided that there was
no need for further laws for the maintenance of bastard
children or duties in Maryland on Virginia commodities. A
Bill was ordered to prevent the poisoning of whales. Doubts
about collecting Parish duties were referred to the Committee
for revising laws, and complaints about Collectors were
rejected, as being proper to make. to the Governor. A Bill was
ordered to be prepared about pounds for unruly horses suffered
to go at large. No imposition being intended to be laid upon the
public for the use of the College, the grievance of Isle of Wight
County against it was rejected. Settling of the land south of Black-
water referred to the proper Committee. It was decided that the law
sufficiently provided for cases of unqualified Churchwardens and
Vestrymen ; and that a law for the payment of levies for such
Tuscarora Indians as make tobacco and come amongst the English
for their use, and that they may be listed as tithables, or that they
be restrained from coming amongst the English, was not necessary.
The proposition of the parish of Wilmington to be united to James
City was rejected. The ascertaining of the bounds of the counties
was referred to the next Assembly. The Grievance of Charles City
County that mulattoes be restrained from keeping Christian
servants was referred to the Committee for revising the Laws.
The grievance of Gloucester and Lancaster was not rejected as
recommended by the Committee, but referred to the Committee
for revising the Laws to provide remedies against the false tareing
of tobacco hogsheads. The proposition of Westmorland for a more
effectual law against hogstealing was rejected. The proposition
of Lancaster and Gloucester praying that care may be taken for
the education of youth brought up in the Christian religion rejected
as unnecessary.
Grievances from Accomack, Lancaster and Gloucester requesting
the punishment of vagrant vagabonds and idle persons and the
assessment of common labourers rejected as sufficiently provided
for, as also a grievance for preventing shooting upon other men's
lands. The proposal for putting the Act of Toleration in execution
for the prevention of Sabbath-breaking was referred to the
Committee. It was decided that there was no need of a law for
preventing litigious suits before a Justice of the Peace. The
grievance of Stafford County concerning the Indian, Esquire Tom,
convicted of murder but protected by the Emperor of the
Piscattaways, referred to the consideration of the House.
Irregularities in a parish in Norfolk were referred to four justices
of Queen Anne's County to report upon. [Board of Trade.
Virginia, 52. pp. 870-399.]
200 COLONIAL PAPERS.
1699.
May 8. 355. Journal of General Assembly of Virginia. Grievances
of the inhabitants of Norfolk and Charles City Counties referred
to the House of Burgesses.
May 9. Dionisius Wright appointed Clerk to the Joint Committee on the
Blackwater lands, to which the complaints of the Queen of
Pamunky and the several other Nations of Indians were referred.
May 10. It was resolved to recommend the revisal of the Laws to the
House of Burgesses, and that a Joint Committee should be
appointed to consider the best methods of revising them. The
Burgesses were summoned and the Governor recommended this
expedient as likely to save them much time.
May 11. Petitions for allowances for services read and referred to the
Burgesses, who were invited to appoint a Committee to inspect the
Eecords and Papers which Peter and Eobert Beverley had been
instructed to list and lodge in their several offices. The Burgesses
desired a conference about the murders, etc., committed by the
Indian called Squire Tom.
May 12. The Queen of Pamunky complaining that several English have
encroached upon the liberty of her people, three of the great men of
the Pamunky Indians were summoned to prosecute their
complaint. The Burgesses were informed that the Council were
ready to confer with them in the Great Hall as they requested
yesterday. The Burgesses presented a congratulatory address to
the Governor. [Board oj Trade. Virginia, 52. pp. 84-96.]
May 8. 356. Journal of Council of Trade and Plantations. Acts of
Barbadoes, 1698, considered and representation thereon ordered.
Letter to Mr. Lowndes about money for the forces at New
York ordered to be written and given to Mr. Weaver.
Ordered that in the next letter to Mr. Grey he be directed to
recommend to the Assembly of Barbadoes to build a house for the
Governor's residence.
Col. Codrington's Instructions considered ; copy thereof ordered
to be communicated to him.
Letter from Mr. Secretary Vernon about Turkey passes for
Plantation ships read and an answer prepared.
May 9. Messrs. Gold and Henshaw attended and admitted the Duke of
Tuscany's prohibition of the sale of ill-conditioned fish was not
without occasion, great abuses having been committed in the
curing and packing fish in the West Country. But the proclama-
tion had been extended in its execution beyond the true reason
because of a glut on the market, and they therefore proposed that
His Majesty might be moved to write to the Great Duke in their
behalf.
Petition of Robert Chaplin about a decree in Barbadoes read.
Letter to Mr. Secretary Verntm about Turkey Passes signed.
Petitions of Col. Samuel Gardiner, late L.-G. of Nevis, and of
Thomas Duncombe, late of the Council of Antigoa, praying for
copies of the charges against them read. Mr. Weaver ordered to
attend.
Col. Codrington's Instructions considered. [Board of Trade.
Journal, 12. pp. 31-35 ; and 96. Nos. 74, 75.]
AMERICA AND WEST INDIES.
201
1699.
May 8.
May 10.
May 11.
May 12.
May 13.
May 14.
May 9.
Whitehall.
May 9.
May 9,
May 9.
Whitehall.
357. Minutes of Council of New York. Committee for
auditing the accounts appointed. Commissioners of Customs
ordered to summon the public-house keepers to agree for their
excise for the next year. Col. Smith permitted to let the excise of
the County of Suffolk on the Island Nassau for the next year in the
best manner he can.
Petition of William Shackeriey read.
Bradish's money delivered by Col. Peirson to Col. Stephen
Cortlandt and Mr. Robt. Livingston by H.E.'s order, for which
they are to give bond in double the sum.
Col. Smith ordered a gun and powder supplied by him to an
Indian on Col. Fletcher's order. Shackeriey 's papers lodged in
the Secretary's Office laid before the Board.
22 ordered for wine given to the soldiers and militia the last
training day.
Account of the Naval Officer referred to a Committee.
4 18s. Od. paid to Col. William Smith for expenses sent by him.
2 lls. Qd. paid to Samuel Staafcs for the post from Ulster
County.
Execution ordered to issue against Owzell van Sweeten and
Adolphus Phillips, manucaptors in the case of Depeyster and
Cruger.
Proclamation issued about the Scotch expedition. [Board of
Trade. New York, 72. pp. 227-233.]
358. William Popple to William Lownds. The Lords
Commissioners for Trade and Plantations think it would be a
great service to His Majesty, for keeping the forces at New York
together, if some money were sent them. [Board of Trade. New
York, 53. p. 297.]
359. Petition of Col. Samuel Gardner to Council of Trade
and Plantations. Petitioner was suspended from his office of
Lieutenant-Governor of the Island of Nevis by the late General
Codrington on pretence of his neglecting to give due obedience to
a clause of an Act of Parliament made in the seventh and eighth
year of his present Majesty. He conceives that he hath in nowise
transgressed the Act, and prays for a copy of whatever charge was
made against him, and doth not question but to justifv himself.
Endorsed, Reed. May 8 from Mr. Weaver. Read May 9, 1699.
[Board of Trade. Leeward Islands, 6. A T o. 20 ; and 45. p. 360.]
360. Petition of Thomas Duncomb to the Council of Trade
and Plantations. The petitioner was suspended from being one of
the Council of Antigua by the late General Codrington without
any legal cause or reason being assigned. He therefore prays for
a copy of the charge against him, if any, that he may be heard in
his defence and on his justification restored. Endorsed, Reed.
May 8. Read May 9, 1699. [Board of Trade. Leeward
Islands, 6. No. 19; and 45. ^.360.]
361. Council of Trade and Plantations to Mr. Secretary
Vernon. In answer to your letter of the 6th, we consider that the
4th Article of the Treaty with Algiers, which relates to passes,
extending equally to all merchant ships or other vessels of H.M.
202 COLONIAL PAPERS.
1699.
subjects not being in any of the seas appertaining to H.M.
Dominions, it will be much for the security of all ship's trading to
H.M. Plantations and of all others trading anywhere southwards,
that they be furnished with such passes in pursuance of the said
Treaty as may secure them from the Algerines, who often cruize in
the seas through which these ships must sail. Signed, J. Bridge-
water, Tankerville, Ph. Meadows, John Pollexfen, Abr. Hill.
[Board of Trade. Trade Papers, 14. pp. 272, 273.]
May 9. 362. Journal of Assembly of Barbados. Thomas Maxwell
elected Speaker. Petition of the Jews read and laid by. Petitions
from the towns relating to the Bill for the provision of servants
considered. [Board of Trade. Barbados, 65. pp. 407-409.]
May 9. 363. Minutes of Council of Barbados. John Frost, a Lee-
ward Island deserter, was sent to prison. The petition of
Nathaniel Champnys, late Lieutenant of H.M.S. Dolphin, Thomas
Allen, master, and James Creswell, purser, relating to Capt.
Collin Hunter ordered to be considered this day sennight. The
petition entered in the Council Books ; " the Commander has broken
several articles of his instructions ; the command, order and
discipline required in the Navy is not on board the ship, and to
the detriment and dishonour of His Majesty's service the petitioner
is restrained by the Commander from exercising the same, and has
been imprisoned and barbarously used by him for attempting to
do so. The petitioner has written to the Admiralty and prays that
the Dolphin may be ordered not to leave Barbados before the
Lords Commissioners' directions are known." [Board oj Trade.
Barbados, 65. pp. 398-395.]
May 9. 364. Petition of Robert Chaplin of London, merchant,
praying that 1,200 and odd pounds, which by a decree in the Island
of Barbados were given in favour of Captain Alexander Cunningham,
for breach of covenants contained in a lease of a plantation called
Staplegrowth Plantation in that island, may remain in Court there
till His Majesty has determined the cause in Council. Not signed.
On back,
May 6. 364. i. The above petition is referred to the Council of Trade
Whitehall. an( j Plantations to consider and report upon. Signed,
James Vernon. Endorsed, Reed. Read May 9th, 1699.
2 pp. [Board of Trade. Barbados, 7. Nos. 89, 89 1. ;
and 44. #p. 258-260.]
May 9. 365. Minutes of Council of Virginia. Upon considering the
state of the fortifications, it was decided that the country could not
be defended by land fortifications, 'the country being low towards
the sea, and there being landings at almost every plantation and
many good landing-places where there were no plantations, so that
it would be easy to come upon the backs of those defending the
fortifications, take them and use the guns against the country.
Nor would the lortifications be sufficient to prevent insurrections or
illegal trade or guard trade, as some rivers are so broad that their
guns will not command them. To keep all the powder in a few
fortifications is dangerous. The only means to protect the
AMERICA AND WEST INDIES. 203
1699.
Government must be by a naval force. It was therefore resolved
to spend no more upon the existing fortifications and to distribute
the powder stored in them through the counties. These proceed-
ings to be laid before the Burgesses.
May 10. John Lightfoot, complaining of two entries in the Council Books,
Sep. 25, 1696, and March 1, 169^, before he was a member, an
entry was ordered in praise of his conduct since he was sworn of
May 11. the Council more than two years ago. Payments for messages
last year ordered.
John Hanley ordered to be paid .25 for his platform.
May 12. A warrant ordered April 18 for payment to William Byrd, signed.
[Board oj Trade. Virginia, 53. pp. 248-253.]
May 10. 366. Memorial from Mr. Puckle and partners. The settling
of Tobago in English and Courlanders' hands will be of great
service to trade. The island has better bays and harbours than any
other of our plantations, and might be fatally prejudicial to the
kingdom if it fell into the hands of the French or Dutch, who both
court it. It will not injure any of our sugar plantations as the
planting of sugar there is prohibited ; the planters will do well
enough with indigo, cotton, ginger, tobacco and other natural
products. It will cost the Crown little beyond the cost of the
attendance of the small frigate for a few months during the first
settlement of the island. Not signed. Endorsed, Read 10th May,
1699. 1 p. [Board oj Trade. Barbados, 7. No. 90; and 44.
p. 261.]
May 10 367. Copy of the Articles of Agreement between the Hon.
Charles, Baron de Blomberg, envoy of the Duke of Courland, and
Thomas Puckle, Nicholas Dupin, Richard Goddard and Joseph
Blake, of London, merchants, and their intended company, relating
to the settlement of Tobago, indented and agreed upon, Dec. 15,
1698.
Fifty thousand acres of land in the island of Tobago granted to
Thomas Puckle, etc. their heirs and assignees for ever, free from
payment for three years ; settlement to begin within six months.
A quit-rent of twopence per acre per annum to be paid after three
years. The heathen natives to enjoy their habitations and lands
without disturbance. Mining and fishing royalties to be shared
equally between the Duke and the company, the company paying
all expenses. , Provisions for the government and administration of
the island by a Governor, Council and Assembly, etc. The making
of sugars to be prohibited in the island. Thomas Puckle and
Company to pay i'3,000 to the Duke within a month of the
subscription of ^15,000 for the intended joint stock. Endorsed,
Read May 10, 1699. Nine large pages. [Board oj Trade.
Barbados, 7. No. 91 ; and 44a. p. 261.]
May 10. 368. Copy of the grant of the island of Tobago by
King Charles II. to the Duke of Courland, Nov. 17, 1664. Taken
from Dr. Connor's History of England. Endorsed, Communicated
to the Board by Sir William Waller, April 28. Read May 10, 1699.
[Board of Trade. Barbados, 7. Xo. 92 ; and 44A. p. 261.]
204 COLONIAL PAPERS.
1699.
May 10. 369. Wm. Thornburgh to William Popple. I transmit you
a copy of Col. Trott's answer delivered to the Lords Proprietors of
the Bahama Islands on Monday last. Signed, Wm. Thornburgh.
Endorsed, Reed. Read May 11, 1699. Enclosed,
369. i. Answer of Nicholas Trott to complaint about the ship
Jufrow Gertrud. About the latter end of March, 1694,
three boats filled with men appeared in sight of New
Providence, which alarmed the inhabitants, who were
at that time weak, many of their men being gone to the
Salt Ponds and abroad in voyages. But the Captain
sending the Lieutenant on shore, and acquainting the
Governor that they were friends and had lost their ship
by stress of weather about 50 leagues from that place,
and wanted provisions and all necessaries, he permitted
them to come on shore. They first having, according
to their own offer, delivered up their arms as an
assurance of their peaceable intention, which the
Governor thought convenient, they being superior in
strength to the inhabitants. The arms were but 10
fuzees and 17 pistols, part of the ship's furniture, and
were laid up in the public storehouse and there left by
him. Some of the ship's crew were afterwards very
importunate to have their arms delivered to them,
which the Governor did not think was convenient, and
the rather because Captain L'Offrey advised him to the
contrary, saying they were mutinous fellows of divers
nations and would be apt enough to attempt some
mischief; that they had forced him to divide all the
money they had saved out of the ship amongst them,
share and share alike, which came to about 200 a
man. The Captain likewise told him the ship was
utterly lost and broke to pieces, so that he believed the
place of the wreck was not easily to be found, but that
if they could save anything he freely relinquished it to
them, he being also owner of one-half both of ship and
cargo. The inhabitants fitted out a sloop and very
much importuned the sailors to go with them, who
refused, saying that they had run the risk already,
and [they] could not prevail with any but one French
Protestant. They found the place where the ship was
supposed to be wrecked and^ two wrecks lying close
together, and from them the divers with great pain
and difficulty took up some small matters. The
Governor used the Captain and his sailors with all
kindness and humanity, which he always acknow-
ledged, and had not anything from them, but some small
presents they made for the charge and expense he had
been at. True it is there was an embargo laid by
Order of Council, the French having then lately
appeared on the coast, and some of the ship's crew
endeavouring to get away without leave were by the
Governor's order brought back again. He utterly
denies the imprisonment of any of the men or any
AMERICA AND WEST INDIES. 205
1699.
process towards the confiscation of the ship. He
knows nothing of her, her lading or voyage, but what
he heard from the Captain and crew, nor of the wreck,
but what he was informed by them or those that went
by the Captain's direction. The words alleged to be
spoken by the Governor are so foolish and extravagant
and so different from the respect he has always shown
to H.M. Government that he hopes they will obtain no
credit, as he avers they deserve none. Copy. 2 pp.
[Board of Trade. Proprieties, 3. Nos. 13, 13 i. ; and
(without covering letter] 25. pp. 414, 415 ; and North
Carolina, 4. pp. 72, 73.]
May 10. 370. French Ambassador's answer to the memorial of H.M.
Commissioners, March 17, 1699, relating to their claim of a title to
Hudson's Bay. The French made the first discovery of the Bay to
the North of Canada, the first settlements for carrying on the trade
there. The disturbance was begun by the English only. It is not
worth while to dispute about the voyages mentioned in the
memorial from 1497-1631. But in general it does not appear that
the English knew those northern countries from the year 1497, but
the Normans and the Basques did then go a-fishing to Newfound-
land, the Gulph of St. Laurent, on the coast of Labrador, and to the
North of the isle of Newfoundland. Many voyages might be
quoted, but it is certain that if the English, Danish, or other
navigators made any voyages thither, it was only with an intent to
find out a passage to the South Sea. It cannot be proved that they
made settlements or carried on any trade in the Bay of the North
of Canada, or even knew the places mentioned in those old maps
they pretend to make use of, which were made but 30 or 40 years
ago, since the English were introduced into the Bay. To establish
a rightful possession of a country, it is not sufficient to have dis-
covered and even inhabited the same for some time ; but an antient
possession or a continual habitation or a trade at least carried on
are requisite in order to pretend or dispute a property, which the
English cannot justify as to the Bay of the North of Canada.
They own the interruption of their possession 1631-1667. The
troubles and civil wars they allege as the reason did not
begin till about 1640, and during those troubles they pre-
served their other plantations, and even increased the trade
and extent thereof. If the French insisted upon voyages
made at diffe'rent times and taking possession of the countries
where they have been, they might demand Carolina now, because in
the time of Francis I., Hen. II. and Charles IX. they had forts
there, and all New England and the New Low Countries, for they
had commanders and settlements there 1604-1610, whilst the
English, who then possessed only Virginia, began to settle them-
selves on that coast but towards the year 1626. The authors who
have written about Canada or New France give it no limits north-
wards, and it appears by all the grants or Letters of Corporation
made by the kings of France to the companies settled in New
France, and particularly in 1628, that all the Bay of the North is
comprehended in the limits mentioned by them. If the English
206 COLONIAL PAPERS.
1699.
had any knowledge of the bay or any claim thereto they would not
have failed to insist upon it and expressly to mention it in the
Treaty of 1632, when they restored to the French New France,
which they had taken during the war. It is true that then and a
long time afterwards the French had no forts upon the coast of the
bay, because they being masters of the inland country, the savages
with whom they had a continual trade brought their furs over
lakes and rivers. The communication from Tadouzac to the bottom
of the bay was always kept easily by the river of Saquenay ; one
may go thither also by other rivers and lakes on the side of Montreal,
and those places are not 120 leagues remote from it. There are on
the same side rivers which lead into the lake of the Hurons and
the upper lake, at the head of which the French have always
had settlements to trade in fur with all the savages who are
on the west side of the Bay of the North. A great many
instances of taking possession might be produced to justify that all
those savages have acknowledged the king's soverainty before the
English thought of going thither, as may be seen by examining the
situation of the country. The English pretend it was in 1663 they
first formed a design to go and settle themselves in the Bay of the
North, and that in 1667 Zacchary Gilhem was the first who went
into the bottom of the Bay, where he built Charles Fort on the
River Rupert, but they conceal that the prospect of those settle-
ments was suggested to them by Radisson and Desgrozelliers,
subjects of the King and inhabitants of Canada, who conducted
them to the bottom of the Bay, of which the English had not any
knowledge. The Letters of Corporation granted 1670 by Charles II.
to the Hudson's Bay Company cannot give them any right,
because that Prince could not dispose of a country and lands law-
fully and constantly possessed by France without any opposition.
The wars which France was afterwards obliged to maintain against
almost all Europe hindered her from opposing the new attempts of
the English, and the engagements entered into with Charles II.
made it unfit to revive any occasions of dispute. Nevertheless in
1675 the inhabitants of Canada sent a ship into the Bay of the
North to put a stop to the undertaking of the English. The French
who were sent thither came into the Bourbon River and wintered
there. That River the English call Port Nelson, where there was then
no sign found of any settlement or habitation. The inhabitants of
Canada sent thither in 1682 two other ships with Radisson and
Desgrozelliers who were come back to New France, and whom the
King had pardoned for deserting. They arrived in August and made
a settlement in the River of St. Thereze, a league and a half from the
River Bourbon, and called it Fort Bourbon. The English had not
yet discovered this River of St. Thereze. The same year there came
near Fort Bourbon a ship from England and a barque from Boston
which was left in the ice. The French gave leave to the seamen of
those vessels to winter on the River Bourbon upon promise that they
would not fortify themselves there. The men of the ship from
England having broken their word were attacked and made
prisoners : yet when the ice broke the French gave them one of their
ships, 1683, to return to England, and the men belonging to the
barque of Boston were charitably released and conducted to Quebec,
AMERICA AND WEST INDIES. 207
1699.
whence they were sent back to Boston. It was explained in the
memorial which has been delivered in what manner Eadisson went
over again into England and entered into an agreement with the
Hudson Bay Company to go to surprise and plunder in 1684 Fort
Bourbon. He is still in London and the Company actually pays him
part of the pension they promised when they engaged him. The
English take no notice in their memorial of all that passed in 1684,
though in 1686 and 1687 the Sieurs de Barillon and de Bonrepos
solicited very earnest!}' for the restitution of Fort Bourbon and of the
effects which were carried away. The attempt of the English in 1684
in time of peace obliged those of Canada to go and attack the places
in the bottom of the Bay whence the English were driven away. The
losses the French sustained by the taking of Fort Bourbon exceeded by
far the losses the English sustained when they were driven from the
forts at the bottom of the Bay. The English were the aggressors. On
these grounds the French demand to be maintained in the possession
of Fort Bourbon and that all the bottom of the Bay to the North of
Canada be restored to them. [America and West Indies. Hudson's
Bay, 539. No. 8. pp. 21-25 ; and Board oj Trade. Hudson's Bay, 8.
pp. 74-80 (translation) ; and 2. A T o. 173. Endorsed, Read May 10,
1699. Original mislaid.]
May 10. 371. J. Burchett to Wm. Popple. H.M.S. Deale Castle,
Admiralty which with the Hampshire is designed for Newfoundland, being
ee< ordered to be fitted and victualled as soon as possible, I am
commanded to give you this notice that the recruits may be in
readiness to go abroad. Signed, J. Burchett. Endorsed, Reed.
May 10. Read May 11, 1699. p. [Board of Trade. Newfound-
land, 3. A T o. 145 ; and 25. p. 812.]
May 10. 372. Minutes of Council of Barbados. A supplemental
Act for the further provision of white servants was presented by
the Assembly and read twice. The Council consented to the
payment of 200 to William Hart, Esq., Deputy Secretary of the
island. A petition from several inhabitants of St. Michael's and
others relating to the aforesaid Bill was heard and the Bill referred
to a committee. The Assembly presented an address upon the
Treasurer's Accounts ; Charges have been made and orders passed
and the Treasurer enjoined to pay them contrary to the Acts.
The Assembly desire that for any payments further than by Act
appointed, the consent and concurrence of their House may first
be obtained. [Board of Trade. Barbados, 65. pp. 395, 39&.]
May 10. 373. Journal of Assembly of Barbados. A present of 200
made to William Hart, Esq., for the several signal services he has
done this Island, together with a complimentary address. The duty
on 20 pipes of Madeira wine, imported by His Excellency for his
own use, remitted. The guardroom in James' Fort in St. Michael's
Town ordered to be fitted up as a room where the Governor may
hear petitions and give audience to masters of vessels. Bill for the
provision of servants read a third time. Committee of Ways and
Means to raise money for the present necessities appointed.
[Board of Trade. Barbados, 65. pp. 410-412.]
208 COLONIAL PAPERS.
1699.
May 10. 374. Journal of Council of Trade and Plantations. Two
Whitehall, letter-s from Governor Grey of Barbadoes (March 2 and 3) read and
answer ordered.
Letter from the Board of Ordnance read.
Documents relating to the settlement of Tobago read. Answer
directed.
Mr. Weaver attended in defence of Thomas Duncombe and
Samuel Gardner, suspended by the late Governor Codrington. He
promised a memorial in writing.
Mr. Adderley's letter about the complaints against Lord Bello-
mont read. A copy of those complaints ordered to be sent to the
latter.
Draft of an Instruction about Martial Law agreed upon.
May 11. Mr. Thornburgh's letter enclosing Mr. Trott's answer to the'Dutch
Ambassador read. Copy ordered to be given to Mr. Bradshaw, who
sollicites that business. Trott summoned to attend on Monday.
Mr. Burchet's letter of the 10th read and ordered to be com-
municated to Mr. Thurston.
Answer of the French Ambasssador re Hudson's Bay read.
Remonstrance of Mr. Edward Palmes relating to the Govern-
ment of Connecticut read. [Board of Trade. Journal, 12.
pp. 35-39 ; and 96. Nos. 76, 77.]
May 10. 375. Minutes of Council of New York in Assembly. Bill
about drift-whales read three times and sent down. Some articles
in the schedule of fees explained. The Bill for the support of
ministers rejected on account of H.M. instructions. An address to
H.M. the King from both Houses proposed on the subject. Bill for
continuing the Post Office read the third time. Explanation of the
Bill about fences in Ulster required. Bills enabling New York and
Albany to defray their necessary charges sent up, read twice and
committed. Petitions of Jacob Mauritz and Johannes Provoost
referred to the Representatives.
May 11. Loyal address to the King from the Representatives sent up to
be transmitted. Bill for vacating extravagant grants read the
second time. Albany Bill read the third time and passed. Amend-
. ments proposed in the New York Bill.
May 12. Bill for vacating extravagant grants read the third time, passed,
and sent down. Bill for preventing the desertion of soldiers read
three times and sent down. Bill to enable towns to build and
repair meeting houses, etc. sent up, read twice and committed. The
Committee reported against the Bill for establishing Courts of
Judicature. The Representatives insisted on the New York Bill
being passed without any amendments.
May 13. Bill for vacating extravagant grants returned up with amendments,
which were agreed to. The judgment against Widow- Wandall
was reversed. Bill ahout repairing meeting-houses read the third
time and passed. H.E. again recommended the case of Mr.
Livingston to the Representatives. [Board of Trade. New York,
72. pp. 798-808.]
May 11. 376. Edward Palmes to Council of Trade and Plantations.
Remonstrance relating to some irregularities in the Government
of Connecticut. Several of the laws, orders and practices of that
AMERICA AND WEST INDIES. 209
1699.
colony are not warranted by their Charter, and are arbitrary and
grievous to the subject. Their Charter empowers them only to
make by-laws, and does not give them unlimited power over the
lives and liberties of the subject. Clauses are quoted from the
Charter of Charles II. Under colour of these the Governor and
Company assume power to try not only capital offences committed
in their colony, but also offences committed upon the High Seas ;
assume a power of life and death in military matters ; empower
the Court of Assistants to be a Court of Admiralty ; and assuming
power in ecclesiastical matters, as to determine heresies and
punish heretics, order, for instance, that no person shall give any
unnecessary entertainment to any Quaker, Ranter or Adamite, and
that no master of a ship shall land any such heretic. * They assume
a power of divorce and of disfranchising and banishing, of imposing
Customs and disallowing the laws of England. It is therefore
proposed (1) That Commissions be directed to discreet persons in the
Colony, like those to the Judges here, for hearing and determining
all treasons, felonies, murders, robberies, etc., and of gaol delivery.
(2) That a proclamation be issued to pardon them for having
illegally assumed that and other powers for the time past, and to
prohibit them from exercising the same for the time to come.
(3) That some sober and discreet person who has applied himself
to the study of the laws of England be appointed Attorney General
of the Colony, Rhoad Island and the Massachusets, and (4) that
he be present at the making of all laws and see that they be sent
over hither for confirmation or repeal. (5) The Governor and
Company to send over the whole body of their laws for examination.
(6) That they and all freemen of the Company be strictly com-
manded to take the oath of Allegiance and Supremacy before taking
office and being made free, and that the oath of Supremacy and
Obedience be administered to all persons who shall go to reside
there. (7) That the Common Law of England be allowed and
made use of in such cases in which the laws of the Colony are
defective or do not extend to. (8) That they be strictly enjoined
to observe the several Acts of Navigation. Signed, Edwd. Palmes.
Endorsed, Read May 11, 1699. 18 pp. [Board of Trade. Pro-
prieties, 3. No. 14 ; and 25. pp. 416-426.J
May 11. 377. Minutes of Council of Massachusetts Bay. Ten or
Boston. eleven guns impressed in 1697 ordered to be restored to David
Jeffries, William Harris and others. Licence granted to John
Campbell, of Boston, to build a new house in the place of his old
one next to the Anchor Tavern. [Board oj Trade. New
England, 49. pp. 206, 207.]
May 11. 378. Journal of House of Burgesses of Virginia. Capt.
Thomas Cock was sworn a member. The petition of William
Davis to be a doorkeeper rejected. Petitions of Mr. Chr. Corbin-
Thacker, Clerk of the Secretary's Office, and Mr. James Sherlock,
Clerk of the General Assembly, for allowances ; of Thomas Davis
for ferrying several Indians over James River ; of John Tullett for
fitting the House where the Burgesses now sit ; and of Mr. Robert
Beverley, late Clerk of the Secretary's Office, for his usual salary,
12208 o
510 COLONIAL PAPERS.
1699.
were referred to the Committee of Claims. A conference with the
Council about Indian Tom was desired.
Upon the petition of Robert Beverley it was decided that the
5,0001bs. tobacco allowed the Clerk of the Secretary's Office was
satisfaction of all public claims. The Committee of Claims was
appointed to view the Records. Constitution and procedure of the
. Committee for the revisal of the laws discussed and agreed to. A
complimentary address to the Governor upon account of Thanks-
giving Day at the College adopted. Bill to amend the Law entitled
an Act for the more speedy prosecution of slaves committing
capital crimes, ordered to be prepared.
May 12. The petition of Mr. Francis Clements for allowance as Clerk of
the General Assembly rejected as too late. Bills for taxing
servants, prohibiting the export of old iron and continuing the
Courts read a first time. [Board of Trade. Virginia, 52. pp. 399-
407.]
May 12. 379. Appointment of Thomas Brook as Collector of Customs
Bermuda, by the Governor in place of Samuel Trott, deceased. Copy.
[Board of Trade. Bermuda, 39. p. 29.]
May 12. 380. Minutes of Council and Assembly of Nevis. The
Council considers that till Lt. Col. John Ward, thinking himself
aggrieved, presents a petition, Mr. Tovy should be regarded as
a member of the Assembly legally chosen. The Assembly replied
that Col. Ward has presented a petition, and now informed
the Council of this fact, refusing to renew the Act for quartering the
regiment till this matter is settled. The Council pointed out that
the petition should be properly directed and laid before them. [Board
o/ Trade. Leeward Islands, 64. pp. 495-497.]
May 18. 381. Governor the Earl of Bellomont to the Council of Trade
New York, and Plantations. We are like to have no Courts of Justice in
the province, notwithstanding the King's Letters Patents do give
me full power and authority, with the advice and consent of the
Council to constitute and direct Courts of Judicature, yet Col,
Smith, who is Chief Judge, and Mr. Graham, Attorney General,
have declared their opinions that the King cannot by law establish
Courts of Justice of his own authority, therefore they, especially
Mr. Graham, encouraged, as in Fletcher's time, the passing an Act
of Assembly to erect Courts of Justice. But the House of Repre-
sentatives spoiled the Bill that was intended for that purpose
by making several incoherences and some part of it repugnant to
the Laws of England, that I could not give the assent to it. I am
jealous there was a trick in it ; designed to do me hurt with the
people, the author fancying that upon a failure of justice in the
country the odium of the people would naturally fall upon me. I
told Col. Smith and Mr. Graham that I could not conceive the
King's Attorney General in England, who drew the Letters Patents,
would let the King convey such power to a Governor as could not
be justified in law. Besides I told them that patents were always
read and considered at the Council Board, where they stood the test
of being observed by my Lord Chancellor and Lord Chief Justice
of England, who would be sure to inform the King what the law
AMERICA AND WEST INDIES. 211
1699.
warranted him to do, and what not. You see by this what trouble
I undergo for want of a good judge or two to sit in Council and a
good Attorney General to advise me in behalf of the King ;
therefore I entreat your Lordships once more that I may have
such honest able men sent over, so as to be here against the
20th Sept. if it be possible, to be present at the session of the
Assembly (for till that day I intend to prorogue them). Otherwise
I must be forced to put off their meeting till next spring and all
business must be at a stand. There is not a day that I do not find
the want of an honest able lawyer, and this one instance among
many others I must observe to your Lordships. Col. Du Peyster,
understanding the ship Fortune after condemnation was set up to
be sold by inch of candle, advised with Mr. Attorney General
whether he might safely adventure to buy her, she being a foreign
bottom. The Attorney assured him he might. Upon which he
went and outbid the other bidder and gave 815 for her and has
since laid out about 200 in repairing her and at last has
discovered he cannot load and sail her on a voyage. Col. Du
Peyster upon this petitions me and the Council to be relieved and
the Council were of opinion that the King being the seller and the
King's Attorney advising, the King's honour was concerned that
the purchaser should be indemnified and the King stand to the
loss. Mr. Attorney also declared this to me as his opinion and I
have for the present consented, till I receive your orders. It
seems to me the Attorney ought of right to make good the
damages. He is an understanding man, but being bred to a trade
and neither to learning nor the law, it cannot be supposed he should
be well qualified for the post he is in. And we lose many seizures
of ships and unlawful goods by the lameness of the informations
he draws up. I find the want of good officers of Justice, such as
Judges and King's Council in the improvement of the revenue.
To convince you, there are in Nassau Island four harbours
(besides a great many creeks) where the merchants run in
great quantities of goods, computed to be a third part as
much as are fairly imported at New York. The four harbours
are Southold, Sitaket, Oyster Bay and Muskeeto Cove. Oyster
Bay lies most convenient for a private trade with the mer-
chants of this town ; to prevent which I constituted one John
Townsend a Custom-house officer, giving him my commission with
a salary of 30 per annum and a third part of all such seizures as
he should make, as the law allows informers. He undertook it
cheerfully. But within a month he and his securities (for I took
bonds hTi'500 for his faithful discharge thereof) came and begged
he might resign his commission, telling me that though most "of
that town were his near relations and several of them of his name,
yet he was threatened by them to be knocked on the head, and he
had already suffered many abuses, insomuch as he was in fear of
his life. The Council sitting that day, I had him called before us
and there he declared what he had done before and desired to be
discharged. We urged him to discover who the persons were that
threatened him, but he desired to be excused, for that it would be
as hazardous to discover them as to remain in the -execution of that
employment. The minute of Council about that matter goes. And
2 COLONIAL PAPERS.
1699.
that has discouraged me from appointing such officers in the other
towns. The people in that island are generally a lawless and unruly
people, and to mend the matter there are several pirates "settled
among 'em, who to be sure will eg 'em on to do mischief. There
is no cure for this, but an upright administration of justice, and
the recruiting and better paying the King's forces that are here.
I am not satisfied with the present management of the Custom-
house here, the Collectors acting with a sort of indifference, like men
that expect every day to be superseded. A Collector here ought to
be not only nicely honest, but also very active and intelligent, and
without such a Collector and such Officers of Justice as I have before
desired and described, 'twill be an impossible thing for me to
improve the Revenue to what it ought to be. The charge of
the salaries (of such men sent orer} will be trebled in the increase
they will bring to the Revenue. I confess I am almost tired out with
the principles and behaviour of the men that are in employments of
trust here. They set against me in everything, either openly
or privily. They were all or most of them professed Jacobites at the
time of the Revolution, and though they pretend themselves of
another principle now, I see no signs of their conversion.
Mr. Graham is of opinion the Excise of Nassau Island, if duly
collected, would amount to 1,200 per annum, which is 12 times as
much as I doubt it will be let for this year. Wherein I have some
reason to apprehend myself ill used, it being a resolved thing to keep
down the revenue as low as may be, for my discredit. The Excise
of this Province would without doubt amount to 3,000 a year, if we
could have it duly collected, but I do not find we shall make above
1,200 this year. I offered one of the Lieutenants of the Companies
100 a year New York money and to buy him a couple of horses for
him and a man to attend him, and intended him to be riding
surveyor of Nassau Island, but he, though accounted a brisk man and
ready to starve for want of his pay and subsistances, told me
in plain terms he thought it too hazardous an undertaking for
him.
Your Lordships have sent me no orders about the town of Rye
Bedford, which revolted from this Province (to avoid paying taxes)
to the Government of Connecticut.
I desire you will countenance the procuring his Majesty's letter
for swearing Ducy Hungerford, esq., a Member of Council* and for
confirming Robert Walters, esq., already put in and sworn by
me. They are both very honest gentlemen and well affected to
the Government.
Capt. Evans, Commander of the Richmond, who attended this
Government in Col. Fletcher's time, has wrote two letters to my
L.G. and the Attorney General, which for the extraordinariness
of their style and the barbarous abuses of me, I trouble you with
copies of them. He declares I should be murdered if I could be
come at, and gives a hint as if the present Government of
England were in a low condition and destitute of friends. I would
complain to the Admiralty Board, if I thought they would do me
right. 'Tis wonderful to see how insolent men of mean beginnings
can be. This man's father was a shoemaker in Ireland, and,
AMERICA AND WEST INDIES. 213
1699.
turning grazier, has got into a good estate. Copy. 8 pp. Signed,
Bellomont. Endorsed, Eecd. Sept. '20. Read Dec. 8, 1699.
Enclosed,
381. i. and n. Abstracts of preceding letter.
381. in. Minutes of Council of New York, March 22, 1699.
1 p. Endorsed, Reed. Sept. 20, 1699.
381. iv. Copy of a letter from John Evans to Capt. Nanfan,
L.G. of New York, threatening Lord Bellomont. He
ought to pray that he may never come into this
country. His infirmity will be no protection. 2J pp.
London, Nov. 3, 1698. Endorsed, Reed. Sept. 20.
Read. Dec. 8, 1699.
381. v. Copy of a letter from Capt. Evans to Mr. Graham
threatening Lord Bellomont. "Those gentlemen whom
he has injured with his lame hand by writing will
expect right from it. On Monday last we buried the
Lady Fletcher. He suffers much by my Lord's clamours
against him. The King being in Flanders he has not
been yet heard." 1J p. London, Nov. 15, 1698.
Endorsed as preceding. [Board oj Trade. . New York, SA.
Xos. 29, 29 i.-v/; and 53. pp. 402-410 ; and
(abstract) 45. pp. 48-50.]
May 13. 382. Commission of Christopher Codrington as Captain General
and Governor in Chief of Nevis, St. Christopher's, Montserrat,
Antegoa, Barbouda, Anguilla and all other plantations commonly
called the Leeward Carribbee Islands. He is to take the oaths and
test, which the Council are to administer, and to subscribe the Asso-
ciation, and he is to administer the same to each Councillor. He is
empowered to suspend Members of Council, and also Lt. Governors
and appoint others, pro tern. Five Councillors shall form a quorum.
Vacancies in the Council are to be signified by the first opportunity,
but the Governor is empowered to make the number up to seven,
pro tern. He is empowered to summon Assemblies of Freeholders
and Planters, the laws made by them, with the advice and consent
of the Governor and Council, to be transmitted to the King within
three months under the Public Seal for approbation or disallow-
ance. The Governor to enjoy a negative voice in the passing of all
laws, etc., and to adjourn, prorogue or dissolve the Assembly as he
thinks fit. He is entrusted with the Great Seal, the administration
of oaths, the erection of Courts of Judicature, the couiinissionating
of persons to administer oaths, Judges and Justices of the Peace,
the power of pardoning offenders other than traitors and murderers:
of collation to benefices, and the power of Militia, etc.; to erect a
Court Admiral and to be Vice-Admiral ; to appoint captains, etc., of
ships, with commissions to execute martial law in time of war, but
without jurisdiction over H.M. ships. All public moneys to be
issued by warrant from the Governor with consent of the Council.
He is empowered to dispose of lands under moderate quit-rents,
and to appoint fairs, ports, and custom houses. He is not to
dispose of any Patent place. [Board oj Tradf. Leeward Islands, 45.
pp. 421-447.]
214 COLONIAL PAPEES.
1699.
May 15. 383. Mr. Secretary Yernon to Council of Trade and
Whitehall. Plantations. I have laid your Lordships' letter of the 9th inst.
before His Majesty, who has been pleased to send it to the Lords of
the Admiralty with directions that passes be allowed accordingly to
the ships of H.M. subjects trading to the Plantations or elsewhere
' to the southwards. Your Lordships will likewise consider what
method is to be taken for giving notice thereof Ao merchants or
others concerned. Signed, Ja. Vernon. [Board of Trade. Trade
Papers, 14. pp. 275.]
May 15. 384. Governor the Earl of Bellomont to the Council of
^ew York. Trade and Plantations. I intend to answer your orders in your
letters of Oct. 25, Jan. 5 and Feb. 2. The first came but lately to
my hands. I am in no capacity to obey your order of prosecuting
Baldridge and others suspected of piracy for want of a good Judge
or two and an honest, active Attorney General. I can have nobody
prosecuted here that hath ten pieces of eight, which troubles me
above all things. To labour day and night and be left to stand alone
without the assistance of one man, it is what I am not possibly able
to undergo, nor willing, because I shall never get credit by my
labour and service. All that I have been able to do is to get
Baldridge's narrative on oath. At the latter end of it you will find
an account of the pirates killed in the Island of St. Mary's near
Madagascar. I send Col. Du-Peyster's Memorial about the ketch
said to have belonged to him, one Smart, master. As to the
Frederick sloop which went with East Indian goods "to Ham-
. borough, and belonged to Mr. Phillips, Mr. Secretary Vernon has
also observed it to me and directed me to sue Phillips' bond, but
Brookes, who was then Collector, took no bond of him, so that there
is no handle for prosecuting Phillips.
In answer to your letter of Jan. 5, I send copies of my letters,
Oct. 27 and Nov. 14, '98, to the Lords of the Treasury, wherein
I mentioned Brookes but transiently, sending them copies of my
letters to you about the revenue and public accounts. I cannot recover
the five years' excise out of his receiver's hands for the County
of Ulster. I had a Capias sent for him, but he kept out of the way.
There was a complaint made against him in the House of Representa-
tives this session for defrauding the King of his revenue and the
Speaker's warrant was sent for him, but he avoided that too. His
name is Demyre ; he is brother-in-law to Bayard and has the same
good name in the country. Col. Romar, the engineer, was gone to
Boston to get a passage to England, but upon your orders I have
stopt him, and since I am suddenly to go thither, I have wrote to
him to view the fort on the Island which commands the harbour at
Boston, and from thence to go to Piscataqua in New Hampshire and
thence to Pemaquid and take the plans of all three forts and make
such observations as will be proper of their scituations, importance
and what the charge may be of building good substantial forts.
By Brookes' neglect of his duty, we have quite lost the arrear of
quit-rents computed to be at least 1,500, nor has he left a rental
of them to guide us. Col. Cortlandt, the present collector, sent to
all the sheriffs of the respective counties to collect the said arrears
and offered 2s. in the pound as a reward, but they all refused,
fearing, as it is supposed, to undertake an office that might cost
AMERICA AND WEST INDIES. 215
1699.
them their lives, among a lawless, unruly people. One Capt.
Clarke of New York came to me in winter and offered to collect
those quit-rents for two shillings in the pound, and knowing him to
be an ill sort of man and one of the Faction, I fancied there was
something of design in his offer. However, I seemed to receive it
kindly and promised him my commission for it. I then suspected
and have since discovered the real cause of his offer. It was
concerted at a club of those people, that nothing would sour
the people against me and make them averse to the choice of such
men for Representatives as would continue the Revefiue so much
as my sending to make a demand for a long arrear of quit-rents,
which they dreamt not of ever paying, and of ransacking the
deeds and titles of their estates to discover the said arrear, which
they knew would be a thing very irksome and displeasing. The
faction knew that in spring I must remove to Boston and that
there was a necessity of my calling an Assembly to settle the
Government and revenue before my leaving this Province ; there-
fore did they contrive to lay this snare for me. But I told Clarke
the season of the year would not then allow of his riding about the
country and that 'in spring he should have my commission. The
man never came near me since. How to retrieve the arrears of
quit-rents and settle them for the time to come, I am at a loss, as
in all other things, till I have the assistance from England already
proposed. The Assembly in their Remonstrance complain of the
want of able officers and Ministers of Justice, and will I doubt not
contribute to their maintenance.
'Tis not possible for me to make a further scrutiny into the
revenue and accounts in Col. Fletcher's time now, because I must
of necessity go towards Boston to-morrow to overtake the anni-
versary day of that Assembly's meeting, which is the last
Wednesday in May. There is not a man here whose care, skill
and integrity I can rely on for such a service, when I am absent.
The English here are so profligate that I cannot find a man lit to
be trusted that's capable of business. The Clerk of the Council
that I was forced to put into Jamisson's place is a very sottish
fellow, and I fear almost as ill a man as his predecessor,
but .being bred a Clerk in Chancery in England he writes
indifferently well and is quick in business, but I doubt not fled
from England not for being honest. I was obliged to employ one
Ludlow, a merchant, to be Clerk of the Assembly this Session, one
that was lately convict of clipping and coining in this town. Those
that are honest of the Dutch, being formerly kept out of employ-
ment and business, are very ignorant and can neither speak nor
write proper English.
The copy of my Commission of Oyer and Terminer for trying the
soldier at Albany I cannot send at present, the original commission
being at Albany and only the Fiat remaining on record in the
Secretary's Office. But for proof of the Council's consent I send Mr.
Graham's and Col. Courtlandt's certificates. As an instance and
proof of Jamisson's altering the Minutes of Council, which was
a thing they made an article against me, the day I urged to
the Council that the four ships should give in good security, when
they went hence last summer to Madagascar, that they should not
6 COLONIAL PAPERS.
1699.
trade with pirates there, Col. Smith being the only man that stood
up and spoke against it, though they all opposed it as well
as he, Jamisson came and showed me the Minute of Council, where
he had writ down Col. Smith's speech and arguments against
my taking bond for those four ships. I afterwards told Col. Smith of
this accidentally, and he went and got Jamisson to leave his name
and speech entirely out of the Minute without acquainting me or the
Council. But I understand it was a daily practice with Col. Fletcher
and his man Jamisson, whom he often called the honestest man in
Ihe world, to mend and alter minutes of Council as they pleased.
The granting Letters of Denization, which you strictly forbid, is
an error I have been led into partly through my own ignorance,
but more especially by the advice of Mr. Attorney and Jamisson
when he was Clerk of the Council, who told me Fletcher had granted
many. I may have granted four or five in all, for which I only had
12s. a-piece fees, the constant fee to the Governor for the Seal of the
Province, though I can prove that Col. Fletcher took arbitrary
fees in that case, and one of his denizens told me himself he paid
Fletcher 10, and I am pretty sure he said Jamisson took 5.
This is the only thing I ever imitated Fletcher in, for which I ask
your Lordships' pardon, and assure you you shall never hear of
the like mistake again in me. I desire to be informed whether a
Governor have not power by law to denizize a stranger in the
province he is Governor of, that he may have the privileges of an
Englishman within that Province.
I am heartily glad of the design of sending a squadron of men-of-
war to the East Indies to suppress the pirates, who are grown intoler-
able both for number and the depredations they commit in that part
of the world, and I wish Captain Warren good success, though if he
be not very well beloved by his men, and have not been careful in
choosing good men, he will run a hazard of being destroyed, and of
his men's running away with the King's ships and turning pirates.
The temptation is so great to the common seamen in that
part of the world, where the Moors have so many rich ships,
and the seamen have a humour more now than ever to turn
pirates. I am in hopes the several reports we have here
of Captain Kid's being forced by his men against his will
to plunder two Moorish ships may prove true. And 'tis said that
near 100 of his men revolted from him at Madagascar and were
about to kill him because he absolutely refused to turn pirate. In
answer to your enquiry after the two Indians brought over from
England by Nicolls and Brookes, I hear one of them stayed among
our Indians, but that the other returned to Canada, who* is said to
be a very bloody fellow and our great enemy.
' You write that for a maintenance for ministers for our Five
Nations you applied to Sir Henry Ashurst that part of the Corpora-
tion money might be appropriated to that use. Sir William
Ashurst had been the properer person, because he is Governor of
the Corporation. When I go to Boston I will try to dispose those
of the Corporation that are there to consent to it.
To confirm your Lordships in the maintenance of the Port of New
York against the pretensions of the Proprietors of East Jersey I
send the copy of the Duke of York's letter to Col. Dongan when
AMERICA AND WEST INDIES. 217
1699.
Governor of New York, copied by Mr. Spragg, then Secretary of this
Province, and I believe it a true one. It shows the Duke was
tender of the privileges of New York in that respect and that he
rejected the pretensions of the Proprietors to have freedom of Port
at Perth -Aruboy. I am glad you are made sensible of the want of
men-of-war here and at Boston, at a time when the French are
encroaching on our fishery and insulting us with ships of war, and
not a man-of-war in all this coast to look them in the face and
protect the King's subjects from their insolence. At a time, too,
when piracy is so common. But since you cannot prevail with the
Admiralty Board, I hope you will apply to the Fountain Head, the
King. I ask pardon for presuming to advise your Lordships on this
occasion. I took that Board's usage of me in their manner of
recalling the Dcptford and Foicy so ill that I have not since wrote
to them.
You seem to approve of my proposal of building two Forts at
Albany and Scheuectady and of applying Col. Fletcher's debt
to that use, but being now to go to Boston, I cannot make a
strict audit of the accounts. Those I had by me (the original,
of those I sent you) the House of Representatives borrowed to assist
them in an exainen they intended to make. They had not the skill
to make use of them, and part of them were stolen and embezzled.
I hope you observed that besides a certain balance of above
4,000 charged upon Fletcher and Brookes, there were several
considerable sums of money given by Assembly, which we could find
no account of and are therefore a good charge upon Fletcher. Then
there are his frauds to the soldiers, the unprecedented salary to his
man Honan'and the 30 per cent, of which there was no satisfactory
account. I reckoned that there was about 9,000 a certain charge
on him, besides the buildings and the money he made by the sale of
lands. I was in hopes you would have sent over an honest expert
accountant to assist me in a stricter audit. I am glad the map
of the Province pleases you, but as for a more correct book of
the Laws, 'tis not to be had. I sent for the printer and he
told me there was no remedy for it, because he had nobody
to correct the press at the time he printed them. As to
my mustering my servants I am very well pleased to be
stinted and have marked with a cross my six servants last
mustered, that as many of them may be checked as the proper
officer shall please, pursuant to the King's order. I send the
Muster Rolls of the four companies. Our men desevt apace,
and I do not wonder at it. I doubt the^mcers will do so too in a
while or be starved for want of their pay and subsistance. I think
we have been barbarously used by the Pay Office. I am forced to
lend 20 a piece to the Lieut, and Chaplain out of my salary or
they must downright starve : and at the same time I am put to
borrow money for my own use and am above 400 in debt in this
town, my salary being so mean and insufficient and the per-
quisites so very inconsiderable. I sent you an account of the
seizure of ships and what I received from them. In addition, in
thirteen months I have got but 83 6*. Of/., New York money,
from the Secretary for Passes for ships, Licences for Marriages
and Probates of Wills and all other things wherein the Seal of the
218 COLONIAL PAPERS.
1699.
Province has been used. When I went to Albany the present
from the Indians in Bever and other skins I sold for 88 9s. Wd.
New York money. The particulars above specified and my salary
of 400 per annum are all the profits I have had since my being
in the Government.
In answer to your letter of Feb. 2, which I received three days
since ; as to the fears of the merchants about my countenancing
Leisler's party, the merchants of this town are full as ingenious as
they are honest. I have often told them I would never be guilty of
so unaccountable a folly as to consent to a Bill of reparation of
damages to the Leisler Party, unless I had the King's express com-
mand. And after all the noise of ,17,000 that they gave out would
be the sum in demand by that party, I do not find that it amounts
to full 5,000. They pretend I favour that party. I would gladly
know wherein I favour them beyond the rules of Justice. I suffered
them indeed to take up the bodies of Capt. Leisler and Mr.
Milbourne and give them Christian burial, and I do not repent since
no manner of ill consequence ensued. And if it were in my power
I would restore them to life again, for I have undertaken to
prove that the execution of those men was as violent, cruel and
arbitrary a proceeding as ever was done upon the lives of men
in any age under an English Government. And it will be proved
undeniably that Fletcher hath declared the same dislike and
abhorrence of that proceeding that I now do, notwithstanding
his doubleness in publishing a book to applaud the justice of it and
screen his sycophant Councillors, Nicholls, Bayard, Brookes and
the rest of the Bloodhounds. I do not wonder the murderers
of those men should be disturbed at the* taking up their bones ;
it puts them in mind ('tis likely) of their rising hereafter in judg-
ment against them. But why the merchants of New York or their
correspondents in London should be alarmed at it I cannot imagine,
only that they would make everything a pretence against me.
Mr. Bayard has sent over the copy of a petition of some few
merchants in London complaining of me for favouring the Leisler
party. They tell me it is very spiteful, and much applauds the
justice of all the proceedings against Leisler and Milbourne,
an insolence of a high nature when the Act of Parliament that
reverses the attainder does plainly condemn and explode that whole
proceeding against them. The merchants fell out with me the first
week I was here over the seizure of the Fortune, and it was
three weeks before I ordered a writ of restitution to Leisler's and
Milbourne's ^eirs. So their quarrel is not grounded on my
countenance of the Leisler party. The Leislerites are three to one
in the province. I have made all the court that a man could
do that has the soul of a gentleman to these angry merchants.
I have invited 'em to my table and treated them with all the
kindness I was capable of, encouraged their corning often to dine
with me, but they would never come near me of their own accord. I
cannot imagine the meaning of it, unless my drinking King William's
health (which is a custom with me always after dinner) frightened
them. There are two Acts passed this Session that have a retrospect,
one to the time of Slaughter's Government, an Act of Indemnity for
several honest men that were excluded by name out of an Act of
AMERICA AND WEST INDIES. 219
1699.
Indemnity passed in his time; this was thought so reasonable a
thing that the angry party in the House voted for it ; the other,
an Act for preventing vexatious suits of law upon the account of
the late happy Revolution and for reversing unjust judgments and
executions and among the rest a most unjust judgment obtained by
Mr. Niccolls for 1,000 (as I take it). The Act is copied after an
Act of Parliament in England soon after the Revolution, that bears
the same title ; and Brookes carried home 100 to procure the
King's positive order to me to pass a Bill of Indemnity prepared by
Niccolls to pass the last Session and contrived by him to let that
judgment stand good. I can prove the sending over the 100 and
it was a contribution of 28 merchants and a few other angry people,
which shows the influence Niccolls has on these people. In the Act
for preventing vexatious suits there are the words " Disaffected
persons " applied to those that opposed Leisler. The Bill passed
without any struggle in the House of Representatives where it
began, but at Council it met with some opposition, one of the
Council telling me if the Act passed here, it should not pass in
England, for that there should be spent 20,000 rather than it
should be approved by the King. I told him he had found out the
only way to make me a friend to the Bill. At the second reading,
I jeering him about the 20,000, he had the confidence to tell me
if that would not do there should be 40,000. This is so abominable
a reflection on the Government of England, but so common a one
here, that I hope your Lordships will take effectual care to put all
imaginable discountenance on it. If I be rightly informed they are
now raising money by contribution to send home to Bayard and
their Agent, who, I hear, makes them believe money will do anything
at Court. I thought a man that went over under such a criminal
accusation as he has done went with a rope about his neck, and
never would be admitted to appear as an Agent at Whitehall. I was
so provoked at the person's airing this reflection in Council that
I was about to suspend him. Capt. Leisler was the only man that
yet proclaimed their Majesties King and Queen in this province.
He was in possession of the fort when the proclamation came hither
from the Secretary of State$ and he immediately ordered it to be
read at the fort with all solemnity and then carried it to a person
who was of H.M. Council at my coming and still is so, who was
then Mayor of this city and desired him to publish it. But he
refused and does not deny it. Bayard, too, I am told, endeavoured
to* hinder their Majesties being proclaimed at Albany, in opposition
to Capt. Leisler's orders to the Mayor of that town.
Some friends write me word that Col. Fletcher and his partisans
report me to be the most arbitrary Governor that was ever
known. I think my principle was very well known to be quite
the contrary of that both in and out of Parliament, and now
I challenge all the people of New York to shew when I have
punished any man in spite of their libels, at which I have
laughed. Brookes writes to his friends very confidently that
I shall not be long lived in this Government, and that if villainy and
falsehood do not prevail, they shall be rid of their tyrant very soon.
My honest endeavours to serve the King are ill rewarded, if I must
be the mark of such upstarts as Brookes to let fly their insolence and
COLONIAL PAPERS.
1699.
scurrility at me, a fellow that was bred up in my uncle's family, as
his dogs were, with licking the dishes and eating the scraps from his
table, and what advancement he has had in the world is owing
to my father and myself.
Mr. Weaver writes that at Col. Fletcher's hearing Brookes
produced a letter from Mr. Randolph to the Secretary of the
Customs, saying that he had been tricked into giving a certificate
against Brookes at New York. Mr. Randolph had done well if he
had said by whom : he could not charge me, for he sent me the
certificate of his own accord. Upon Brookes trifling and tricking in
the seizure of the Fortune', I told Mr. Randolph of it, with several
remarks of Brookes' knaveish carriage in that matter. Mr.
Randolph said he wondered not at it, for he had been long enough
acquainted with Brookes' tricks and that he had newly discovered
several corrupt practices in the Custom House here, which he would
communicate to me. When I was drawing up the complaint against
Brookes to your Lordships I asked Mr. Randolph for the charge he
told me he had against him, which I said I would add to that which
I was preparing myself. I showed him what I wrote to you, and
he afterwards sent me the certificate, as I can prove by the person
he sent it by.
The House of Representatives are of opinion I have deserved well
of the King and the public, as appears by their address. I never
solicit their addressing me as Col. Fletcher used to do. I send
the deposition of Edward Taylor about the Fortune receiving
pirates' goods at Madagascar, which will corroborate the evidence
of John Payntree. I also send Mr. Attorney's Memorial about
Robert Glover-, the pirate. 'Tis generally taken for granted here
that he had a commission from Col. Fletcher. His ship lay
several days within sight of the fort here, and I am told there
was an intercourse between him and Fletcher, but his design
of going to the Red Sea being very public, 'tis likely Fletcher
was so cautious as to give him a commission privately and
not let it be registered. For the Register of the Admiralty Office
denies there is such a commission entered in the Register-book
and it was not material to Glover whether it were registered or no.
Signed, Bellomont. Endorsed, Reed. Aug. 31. Read Dec. 12,
1699. Copy. 12 large pp. Enclosed,
384. i. Abstract of above. 3| pp.
384. ii. Deposition of Captain Adam Baldridge, who lived on the
Island of St. Mary's, 1690-1697, giving *au account of
various pirates that visited the island, etc. May 5, 1699.
Cop]). 5 pp. Endorsed, Reed. Aug. 81, 1699.
384. in. Memorial of Col. De Peyster about a ketch of his.
May 1, 1699. Endorsed as preceding. Copy. \p.
384. iv. Certificate of Ja. Graham as to an omission from the
Minutes of the Council of New York. June 5, 1699.
Copy. J p. Endorsed as preceding.
384. v. Certificate of Col. Cortlandt to same effect. Copy. %p.
Dated and endorsed as preceding.
384. vi. Copy of the Duke of York's letter to Governor Dongan,
Windsor, Aug. 26, 1684. Do not suffer any innovation
in the river nor any goods to pass up it, but what shall
AMERICA AND WEST INDIES. 221
1699
have paid the duties at New York ... If you find
that the inhabitants of East New Jersey have any other
way of trading with the Indians than by the River of New
York, you will use your endeavour to prevent it. Signed,
James. Endorsed as preceding, 1 p.
384. vii. Deposition of Edward Taylor about the Fortune
trading with pirates at Madagascar. March 20, 1699.
Copy. 1 p. Endorsed as preceding.
384. vni. Memorial of the Attorney General about ships that
had sailed from New York under the command of
the name of Glover. (Richard Glover and Robert Glover
the pirate, both commissioned by Governor Fletcher.)
May 5, 1699. Copy. 1 p. Endorsed as precudiny.
384. ix. Proclamation of Lord Bellornont about the Courts
of Judicature. Jan. 19, 1698-9. 1 printed )>a<i<'.
Endorsed as preceding.
384. x. Proclamation of Lord Bellomont about the Scotch
Settlement at Darien, forbidding assistance or cor-
respondence etc. May 15, 1699. 1 printed ]>!/<'.
Endorsed as preceding.
384. xi. Copy of the Address of the House of Representatives to
Lord Bellomont, March 31, 1699. 1 p. Endorsed an
preceding.
384. xn. Muster Roll of Lord Bellomont's Company, New
York, Feb. 13, 1699. Signed, Bellomont, A. Depeyster,
J. Depeyster, Mayor, Peter Mathews, John Bukley. 2 pi>.
384. xin. Muster Roll of Capt. John Nanfan's Company, New
York. Signed, John Nanfan, A. Depeyster, J. Depeyster,
Mayor, John Riggs, Charles Oliver. 1 J pp.
384. xiv. Muster Roll of Major Richard Ingoldsbye's Company
(Grenadiers), Albany, Feb. 7, 1699. Signed, Matthew
Shanke, P. Schuyler, RobL Livingston, Hendrick
Hansen. 1 p.
384. xv. Muster Roll of Capt. James Weems' Company
(Fuziliers), Albany, Feb. 7, 1699. Signed, James
Weems, P. Schuyler, Robt. Livingston, Hendrick
Hansen. 1 p. Endorsed, Reed. Aug 31, 1699.
[Board of Trade. New York, 8.\. Xos. 30, 30 1.- Xv. ; and
53. pp. 411-437; and (abstract) 45. pp. 50-55.]
May 15. 385. Thomas Bulkley, late Deputy Secretary to the Bahama
Islands, to Council of Trade and Plantations. Nicholas Trott, late
Governor, has wilfully neglected to repair to his Government
the space of seven months, though he was informed of the miserable
condition l^ie inhabitants were in under the horrible tyranny
of Cadwallader Jones. Upon his arrival he made Jones a
Proprietor's Deputy and a Privy Councillor, though he then stood
publicly accused of high treason and other capital crimes ; as also a
Bartholomew Mercier, a natural Frenchman notoriously guilty
of sundry heinous crimes and one of Jones' traitorous confederates.
He denied the benefit of the laws of England to the King's
Evidence against and bounden prosecutor of Jones, when for his
signal loyal ty therein manifested he had been cruelly imprisoned
14 months under the deposed, confined and rescued traitor Jones'
222 COLONIAL PAPERS.
1699.
usurpation. The Governor encouraged and abetted a conspiracy of
Jones and his traitorous adherents to try the said King's Evidence
before a pretended Court of Justice appointed by Governor Trott,
whereof the Chief Judge and Assistants were unlearned in the law,
and the Grand Jury who found the indictment were nominated and
appointed by the said illiterate Chief Judge, some of them being
infamous and the rest, one excepted, unqualified by law. The
Governor assumed an arbitrary and despotic power, compelling the
free people of the islands to work at his pleasure without wages or
victuals, taking the tenth part of the product of their labours in salt
and dyewood, and compelling masters of vessels to pay such
extortionate port charges as discouraged merchants from trading
thither. He discharged a prisoner without trial who was accused
by two witnesses of joining in open hostility with the French
against the subjects of the King of England, from whom the French
took sundry vessels as lawful prizes of war and thereof the said
traitorous renegade had his share and joined with the enemy in an
attempt to invade New Providence. The King's Evidence against
Cadwallader Jones, when acquitted, renewed his accusation, but
Governor Trott neglected to issue legal process against Jones, and
signed a licence for his going out of his jurisdiction and thereby
promoted his escape from vindictive justice. He freely admitted
into the port of New Providence Henry Avery, alias Bridgman, and
his company of notorious pirates in the ship Charles IL, alias the
Fancy, after they had piratically taken and plundered sundry vessels.
He received twenty pieces-of-eight and two pieces of gold for each
man as a present to himself, and the ship with all that was in her,
and thereupon permitted them to stay during their pleasure and
then depart with their piratical treasure out of his government,
whereby they have dispersed and most escaped demented punish-
ment. Signed, Thomas Bulkley. Endorsed, Reed. Read May 15,
1699. 3 pp. [Board oj Trade. Proprieties, 8. No. 15.]
May 15. 386. Memorial from Nicholas Dupin to the Council of Trade
and Plantations. "I am credibly informed that the States of Holland
are about to treat with the Duke of Courland for the Island of
Tobago in America, not regarding the agreement and articles signed
and sealed under the great seals of England and Courland bearing
date Nov. 17, 1664, whereby the said island is to be protected by the
Kings of England and peopled by the subjects of England and
Courland, but if the said island fall into the hands of the Dutch or
French it will endanger in time of war the loss of the other islands
belonging to this Crown in America, and the ruin of the merchants
trading to the West Indies, as may appear by the former war
between this Crown, France, and Holland, when the Dutch took
several hundred English merchant ships anfl secured them all in the
island. Besides the Duke and Government hath empowered their
envoy, the Baron de Blomberg, to treat for part of the island
with the King's subjects, and by virtue of his said power hath
accordingly done to a company in England," who are preparing for
their voyage and hope for the assistance of a convoy in accordance
with the petition presented on their behalf by the Marquis of
Carmarthen. Signed, Nicholas Dupin. Endorsed, Reed. Read
May 15, 1699. 1 p. [Board of Trade. Barbados, 8. No. i.j
AMERICA AND WEST INDIES. 228
1699.
May 15. 387. Journal of Council of Trade and Plantations. Mr. Trott,
late Governor of the Bahama Islands, informed that there is a
deposition to the same effect as the Dutch Ambassador's complaint,
said it was procured at Bermuda by Mr. Richier, his enemy,
who dictated it all and several of the deponents did not understand
English. He denied that he took forty pieces-of-eight of the
seamen and said that he had no more than his proportional share,
for two divers, of what was taken up from two wrecks, which lay
together, but remembers not what that amounted to, nor knows
whether it came out of the Dutch ship or another.
Mr. Bulkeley presented a complaint against the administration of
Trott. A copy was ordered to be sent to him for his answer. Mr.
Bradshaw said he would prepare a memorial against Trott with what
speed he could, based on several other affidavits in his hands.
Mr. Pollexfen delivered to the Board a letter from a merchant in
the City relating to the Duke of Tuscany 's prohibition of ill-
conditioned salt-fish in his Dominion, and enclosing a new Bando
put forth by him.
Memorial from Mr. Dupin read.
Letter from Mr. Bnrt, March 4, with depositions about the
behaviour of the Spaniards read and ordered to be communicated
to Mr. Vernon.
May 16. Letter from Col. Quarry, March 1, read. Ordered that the
heads of complaint against the Government of Pennsylvania be
drawn out in order to be sent to Mr. Perm for his answer. Letter
to Mr. Secretary Yernon signed. [Board of Trade. Journal, 12.
pp. 40-42 ; ami 96. Nos. 78, 79.]
May 15. 388. Minutes of Council of New York. 151. ordered to
William Bradford, over and above his salary, for printing the votes
of the Assembly, the session being very long.
388/. 8.9. Id. paid to Robert Livingston for advances to the officers
and soldiers in the expedition against the French, 1687.
Salaries of Gabriel Ludlow, clerk, and Gabriel Thompson, door-
keeper of the Assembly, voted.
4/. 17s. 6d. paid to William Bradford for paper.
70/. gratuity voted to James Graham, speaker.
Instructions for the L. G. ordered to be entered in the Council
Book.
30/. paid to Barne Cozens, and 15Z. to David de Bon Repos.
Col. Depeyster ordered to be reimbursed for what he spent on the
ship Fortune, a foreign bottom and so not qualified to trade.
Commissioners appointed to draw up a scheme for erecting Courts
of Jurisdiction.
May 16. Committee appointed to state the interest due to Mr. Living-
ston for money advanced by him on the public account.
Committee appointed to audit Col. Cortlandt's accounts.
Petition of Benjamin Feneile granted. [Board of Trade. New
York, 72. pp. 233-248.]
May 15. 389. Minutes of Council of New York in Assembly. James
. Graham, Speaker of the House of Representatives, taken into the
Council. The Revenue Bill was passed with amendment. Petition
224 COLONIAL PAPERS.
1699
of John Marsh read. Mr. Graham ordered to audit the public
accounts in place of Col. Depeyster. H. E. confirmed the choice
of Abraham Gouverneur as the new Speaker and the rights and
privileges of the House of Representatives. Judgment was given
about the drift-whale cut up by Lloyd. The Petition and Remon-
strance of the House of Representatives was presented to H. E.
May 16. The New York Bill was read the third time and passed. The
Governor signed the Bills passed during the session, which were
read to the Representatives attending. The Governor thanked
them ; regretted the omission of a Bill to reconcile parties, and
prorogued the Assembly till Sept. 20. [Board of Trade. New
York, 72. pp. 808-815.]
May 15. 390. Journal of House of Burgesses of Virginia. Bills for
suppressing blasphemy, prohibiting unseasonable killing of deer,
for preventing undue elections of Burgesses, limiting appeals to the
general Court, erecting pounds, prohibiting the export of corn,
wheat, meal or bisquet till Dec. 25, 1700, were read a first time.
Capt. Thomas Godwin was sworn a member. Petition of Mr. John
Grice, sheriff of James City County, praying for allowance for
attendance at the General Courts, was referred to the Committee of
Claims.
May 16. Bills for restraining and punishing pirates and privateers, for
punishing slaves for the first and second offence of hogstealing, for
regulating juries, restraining the striking and killing of whales,
read a first time.
Bills for suppressing blasphemy and preventing undue elections
were read a second time and committed for amendment. [Board of
Trade. Virginia, 52. pp. 407-410.]
May 16. 391. Journal of General Assembly of Virginia. The petition
of Wm. Broadrib and Edward Travis, churchwardens of James
City parish, praying the General Assembly to contribute towards
the paying for the steeple and repairing of their Church, referred to
the Burgesses. Col. Richard Lee reported from the Conference
that the English had suffered great damage from the Indian
Squire Tom, and that he was harboured by the Piscatoway
Indians. The Council was desired to propose some method to
bring him to justice.
May 17. "A Committee was appointed to revise the Laws.
May 18, The Governor read his answer to the Burgesses' address, pro-
posing the placing of the new public building " somewhere at
middle plantation, nigh H.M. Royal College of William and Mary,"
and expressing satisfaction at their reception of the President and
students' address. The Burgesses adopted the proposal. The
Committee to consider the method of revising the laws presented
its report, and a Bill against blasphemy, swearing and cursing, etc.,
passed by the Burgesses, was brought to the Council, which, with
a Bill for the prevention of undue elections of Burgesses, was read
May 19. a first time. The building of the State-house at Middle Plantation
was agreed to.
May 20. The above Bills read a second time and committed for amend-
ments. [Board of Trade. Virginia, 52. pp. 96-106.]
AMERICA AND WEST INDIES. 225
1699.
May 16. 392. Edward Randolph to the Council of Trade and
Bermuda. Plantations. Yesterday I attended Governor Day with a new
collector I deputed to supply a vacancy by the death of the former.
He told nie he had appointed one the day before; that the
Commissioners had no power to appoint one here. He has got into
his hands some blotted rough drafts of my letters to your Lordships.
He treated me with worse than Billingsgate language for giving
that account. He sits in Court, and so overaw r es the people that
they dare not speak the truth. I received a paper last night (copy
enclosed). I find thereby he intends to prosecute me as a criminal
for writing truth to you. He has threatened to ruin me by
imprisonment and all other vigorous ways, and turned the chief
men out of his Council and furnished himself with others for his
turn, and has made his Naval Officer to be his collector. 'Tis
a long voyage from hence to London and not above two or three
vessels go thither in a year. I foresee nothing but rotting in a gaol,
which is an unhappy reward for my many years' past services for the
Crown. It was my misfortune to be imprisoned with Sir Edmund
Andros, the Governor, and many of the Council nigh 12 months in
Boston, and had continued there longer but for H.M. express orders.
I have none to apply to for redress but your Lordships and pray you
to move His Majesty that a vessel may be forthwith despatched
hither with orders to the Governor to send me home and that
Gilbert Nelson, William Outerbridge, John Brookes and Roger
Crane, my chief prosecutors, may be ordered to attend at Whitehall
and to prove to my face the cause for which I am so inhumanly put
in prison. I am assured they are resolved to do it to-day. The
Governor told me he had sent over a great many depositions against
me. No man of understanding here will credit the oaths of
Nelson, etc. 'Tis true they are of the Council, but I have known in
such cases that the Governor has been expressly ordered to make
choice of others in their absence. Unless this injustice to me
is effectually remedied, no man fit for business will ever after serve
His Majesty in his foreign and remote plantations. Sijiitt'ti,
Ed. Randolph. Endorsed, Reed. Aug. 2. Read Aug. 21, 1699.
li PP- Holograph. Enclosed,
892. i. Abstract of above, 1 p.
892. n. Copy of summons to Ed. Randolph to appear before the
Governor at the Sessions House in St. George's, May 15.
1699. $p.
392. in. Copy of warrant for imprisonment of Ed. Randolph,
May 16. f p. [Board of Trade. Bermuda, 8.
Xos. 37, 37 i.-in. ; and (without enclosures) 29. pp.
200-202. J
May 16. 393. Commitment of Edward Randolph, for writing and
St. George's, contriving several false and dangerous papers, words, reports and
Bermuda, expression s by him secretly and maliciously spoken and expressed
towards his Excellency, to the custody of the Provost Marshal,
Roger Crane, Esq. Siym'd, Charles Minors. Copy, certified by
E. Jones. [America and JlVxf Indies. Bermuda, 477. No. 57 ;
and 89. p. 11.]
12208 P
126 COLONIAL PAPEES.
1699.
May 16. 394. Council of Trade and Plantations to Mr. Vernon. By
Whitehall, our letter of March 27 last we acquainted you with some advices we
had received from Sir Wm. Beeston, L. G . of Jamaica, and from the
President and Council of Nevis, relating to the conduct of the
Spaniards towards His Majesty's subjects and their ships in those
parts. We now send you a letter from Mr. Burt, President of the
Council of Nevis, enclosing depositions bearing on that matter.
Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jo. Pollexfen,
Abr. Hill. [Board of Trade. Leeward Islands, 45. p. 362.]
May 16. 395. Minutes of Council of Barbados. The Jews' petition
against the Supplemental Bill of the provision of white servants
was ordered to lie upon the table till the Bill was read. The
Captain and the Lieutenant of the Dolphin were heard by Counsel
and the whole proceeding was ordered to be sent home. The
Purser to be confined to his ship and a survey of his goods taken.
The Master owned that he was in drink when he signed the
petition, and begged pardon ; the Purser owned he could not justify
his charges. Capt. Phillips' petition relating to servants brought
over by him referred to the General Assembly. [Board oj Trade.
Barbados, 65. pp. 396, 397.]
May 16. 396. Journal of Assembly of Barbados. Bill for Provision of
Servants was resumed with amendments and the answer to them
taken into the Council. Capt. Phillips' petition that servants
imported in his vessel be taken off his hands laid by. [Board oj
Trade. Barbados, 65. pp. 412, 413.]
May 16. 397. Minutes of Council of Massachusetts Bay. Dame Mary
Phips, of Boston, granted licence to build a house of timber on the
place where Capt. Daniel Henchman formerly built a brewhouse.
101. gratuity ordered to Josias Johnston, who gave information
leading to the discovery of money left in the custody of Nathaniel
Niles' of Point Judith by one of Bradish's gang. [Hoard of Trade.
New England, 49. p. 207.]
May 16. 398. Minutes of Council of Virginia. Letter ordered to
Richard Johnson, who was absent through sickness, desiring him
to attend as soon as possible. Petition of Anthony and Anne
Holliday referred to Mr. Attorney General. Lewis Knott admitted
to be a pilot for Nansemund River. As another Session of the
General Assembly could not well be held before Sept. 1700, it was
recommended to the Burgesses to provide for all contingencies of
the Government till that time.
May 17. Information having been laid against Samuel Hill and John
Read, and John Lucas senior and junior, as Papists disaffected
to the Government and guilty of divers illegal practices, ordered
that the oaths be tendered to them, and, if they refuse, that
Mr. Attorney General proceed against them. On the Attorney
General's report on the complaint of the Holliday s that Samuel Hill
and John Read had surreptitiously procured themselves to be
assigned guardians to Mary Brewer, an infant, grand-daughter of
Anne Holliday, they being Popish recusants, who had been endea-
vouring to carry the infant into Maryland that she might there be
married to a professed Roman Catholic, ordered that the County
AMERICA AND WEST INDIES. 227
1699.
Court of Warwick appoint such guardians as they think fit to take
care of the said orphan and her estate till next General Court ; the
infant is to be in the care of her grandmother till that is done.
Letter of the Lords of the Treasury Nov. 15, 1694, directing the
hiring of a cruising sloop to watch the coast of Virginia, read :
resolved, that there was no need to do so, two such vessels in the
past having merely detained fair traders and never detected any
unfair traders. These proceedings ordered to be laid before the
Burgesses. Proclamation against corresponding with the Scotch
ordered to be sent to the Collectors and Naval Officers. The
Instructions not to act without a quorum of five Councillors being
difficult to comply with, a representation to the King to that effect
recommended.
May 18. Letters concerning undue practices at an election for Nansemund
County referred to the Burgesses. [Board oj Trade. Virginia, 53.
pp. 253-258.]
May 17. 399. Journal of House of Burgesses of Virginia. Mr. James
Blaire, President, Mr. Mongo Ingles, Humanity Professor, Mr. John
Hodges, Usher, and 4 of the scholars of the Royal College of William
and Mary presented an address. Bill for ascertaining the value of
money read a first time. The amended Bills against blasphemy and
undue elections were ordered to be engrossed. The petition of the
Churchwardens of James City parish was rejected. Propositions of
Col. Cadwallader Jones and other papers relating to the Indian
Trade referred to the Committee of Grievances.
May 18. Mr. Rice Hood was sworn a member. The Governor's answer
May 19. read. (And see preceding abstract under date.)
Bill declaring Negro, Mulatto and Indian women titheable read a
first time. Bill for encouraging a trade with the Western Indians
that lie behind Virginia and Carolina by granting the sole trade for a
certain number of years to a certain number of Adventurers ordered
to be prepared. Bills to ascertain the value of coins, about deer,
and to prevent discontinuance of courts, and about hog stealing,
whales, juries and privateers read a second time and ordered to be
engrossed. Bill limiting appeals to the General Court read a
second time, and referred with amendments to the Committee for
Revisal of Laws. Bill for taxing servants committed with amend-
ments. Bills prohibiting export of old iron and for erecting pounds
read a second time, and, after debate, dashed. Bill prohibiting
export of corn read a second time, with amendments, and ordered
to be engrossed.
May 20. Instructions of Lords Justices considered. Messrs. Mason,
Hollyday and Gough granted leave for a short time to go home.
[Board oj Trade. Virginia, 52. pp. 410-423.]
May 17. 400. Minutes of Council of Barbados. Thomas Sadleir, chief
Baron of the Exchequer, was made President of the Grand Sessions.
In order to form the forces of the island His Excellency recom-
mended the Colonels of Militia to take out new commissions for
their officers. The Assembly waited on His Excellency and desired
a free conference about the Supplemental Act for the provision of
servants. After some debate the proposed amendments were mostly
agreed to. [Board <>/ Trade. Barbados, 65. p. 397.]
COLONIAL PAPERS.
1699.
May 17.
May 17
Whitehall.
May 18.
May 18.
Whitehall.
May 18.
Nevis.
401. Journal of Assembly of Barbados. The Council and
Assembly resolved into a grand Committee of both Houses and
discussed the Supplemental Act for the provision of servants. The
Bill was sent back with amendments. [Board of Trade. Barbados,
65. pp. 413, 414.]
402. Journal of Council of Trade and Plantations. Letter
from Mr. Secretary Vernon about Admiralty passes for Plantation
ships read and answer directed.
Copies of Orders of Council Jan. 5, relating to the Jamaica Laws,
read. Ordered accordingly.
Several letters and documents relating to the Government of
Virginia read.
Their Lordships deliberated upon the matters in agitation
between H.M. Commissioners and those of France relating to the
affairs of America.
Ordered that Sir Edmund Andros be desired to attend to be
advised with as to the necessity of building a fort at Pemiquid.
Duplicate of letter from Mr. Burt received and enclosure
delivered to Mr. Secretary Vernon.
Representation about Martial Law upon soldiers in pay trans-
mitted to Mr. Vernon. Letter to him about passes signed and
sent.
Representation upon the appeal of Mr. Robert Chaplin directed.
Representations upon the Acts of Barbadoes, Aug. 9 Sept. 27,
and the settlement of Tobago, signed and sent to the Council
Board.
The Memorial of Major Richard Ingoldsby, praying for leave to
remain in England till he received his pay, agreed to. [Board of
Trade. Journal 12. pp. 43-48; and 96. Nos. 80, 81.]
403. Council of Trade and Plantations to Mr. Secretary
Vernon. In answer to your letter of May 15, we acquainted the
Lords of the Admiralty, Feb. 8, with our opinion that notices
might be given by them in print that Passes would be granted by
that Board, according to the rules then under consideration, to
such persons as should desire them. If such printed advertise-
ment in the Gazette or otherwise be not thought convenient, we
conceive it may be proper that the Admiralty do cause some papers
to that purpose to be affixed upon the Exchange of London, and
further that the Commissioners of Customs be desired to send
some copies of the same papers to their officers in the Out Ports
to be communicated to merchants there. Signed, J. Bridgewater,
Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr.
Hill. [Board of Trade. Trade Papers, 14. pp. 276, 277.]
404. President and Council of Nevis to Mr. Secretary
Vernon. Your letter of Nov. 23, in relation to that notorious
pirate Captain Kidd came safe to our hands, and (we) shall take
particular care to put the same in execution, and in order thereunto
have sent copies to the Lieutenant or Deputy Governor of each
respective island under this Government. Since which we have had
this following account of the said Kidd, viz., that he lately came from
Madagascar in a large Genoese vessel of about 400 tons, 30 guns
AMERICA AND WEST INDIES.
229
1699.
mounted and eighty men, and in his way for these parts his men
mutinied and 30 of them lost their lives, that his vessel is very
leaky and that they are very much in want of provisions, and that
several of his men have deserted him so that he has not ahove
twenty-five or thirty hands on board. Ahout 20 days since he
touched at Anguilla, a small island under this Government, where
he tarried about four hours, but being refused succour sailed
thence for the island of St. Thomas (an island belonging to the
Crown of Denmark) and anchored off that harbour three days;
in which time he treated with them also for relief, but the Governor
absolutely denying him, he bore away further to leeward, as 'tis
believed, for Porto Rico or Crabb Island, upon which advice we
forthwith ordered H.M.S. Queenboroitgk now attending this govern-
ment, Captain Rupert Billingsby, Commander, to make the best of
his way after him and in case he met him to secure him with his
men, vessel and effects, and bring them up hither, that no embezzle-
ment may be made, but that they may be secured till we havo
given you advice thereof and His Majesty's pleasure relating thereto
can be known. We shall by the first convenience transmit the like
account of him to the Governor of Jamaica, so that if he go further
to leeward, due care may be taken to secure him there. As for
those men that have deserted him, we have taken all possible care
to apprehend them, especially if they come within the districts of
this government, and hope on return of His Majesty's frigate shall
be able to give you a more ample account hereof. Copy. Sinned,
Wm. Burt, Mich. Smith, Jno. Smargin, Richd. Abbott, Dan. Smith.
Addressed and sealed. [Board of Trade. Leeward Islands, 6.
Xos. 21 and 21 1. ; and 46. pp. 16, 17.]
May 18. 405. Order of King in Council, remitting the fine of 100
Kensington. l a id upon John Lucas by a Court of General Sessions, Antigoa,
June 1698. Copy. Signed, Edward Southwell. Endorsed, Reed.
May 27. Read June 27, 1699. [Board of Trade. Leeward
Islands, 6. X<>. 22 ; and 45. p. 367.]
May 18.
Nevib.
406. President and Council of Nevis to James Yernon. We
received yours of Jan. 2 concerning the Scotch ships that arrived
at the island of St. Thomas with intention to settle in these parts.
We sent copies of his Majesty's instructions to the Lt. or Pep.
Governors of each island under this government, and have ordered
the publication of them. A gentleman in this island having lately
received a letter from a gentleman at Jamaica, wherein there is a
paragraph that gives a more full and plain accompt of the Scotch
settlement than we have hitherto heard, we thought it necessary
to enclose a copy. Signed, Wm. Burt, Mich. Smith, Dan. Smith.
Jno. Smargin, Richd. Abbott. Addressed and sealed. Endnwd,
R. July 13, 1699. Enclosed,
406. i. Extract from letter : The Scotch settlement in the
Bay of Darien is the only news and discourse of these
parts. They are sate down over against Golden Island
on the Continent, and have pitched on the best harbour
and richest country in the world both in gold and all
other necessaries for the use of man. I have st'-ii
some of the ore, which is almost pure gold of the value
COLONIAL PAPERS.
1699.
of 23 carats. They are kindly received by the Indians,
and are building a fortification of 70 guns. We have
yet no certain accompt of what hath passed between
the Spaniards and them, but this we know, they are
not in a condition to give them any disturbance, 'tis
what the Scotch wish for, they only wanting a good
occasion to quarrel with them. They are but two days'
journey from Panama, and have a very good harbour
in the South Sea, by which in time they will command
the China trade as well as the East India. We daily
expect the return of some sloops lately sent thither.
The French have made or are about to make just such
another settlement on a river they call Colebert, which
lies in the bottom of the Bay of Mexico and is within
thirty leagues by land of the Rich Mines of St. Barbe.
[Board of Trade. Leeward Islands, 6. Nos. 22 A.,
22 A i., and 22 A n., 22 A in., duplicates."]
18. 407. Council of Trade and Plantations to James Vernon,
hall, covering letter enclosing Representation to the King,
407. i. W T e humbly lay before your Majesty draughts of
instructions, which we have prepared in accordance
with your Order in Council, April 27, for the Governors
of Plantations in respect of soldiers in pay. Signed,
J. Bridgewater, Tankerville, Ph. Meadows, Wm.
Blathwayt, Jno. Pollexfen, Abr. Hill. [Board oj
Trade. Plantations General, 35. pp. 42, 43.]
18. 408. Minutes of Council of Barbados. The petition brought
by Duffey against Chamberline was rejected. Capt. Thomas com-
plained that two Bills of Exchange drawn for credit given to the
King's shops had not been accepted by the Victualling Office.
Letter to the Lords of the Treasury, explaining the necessity there
was of advancing this money, ordered by the Board. Judge Buck-
worth's account ordered to be recommended to the Assembly. The
Supplemental Act for the Provision of White Servants was brought
in by the Assembly. Amendments were read and agreed to and the
Bill passed. [Board oj Trade. Barbados, 65. pp. 397, 398.]
18. 409. Journal of Assembly of Barbados. Supplemental Act
for the Provision of Servants was passed and taken up to the
Council. The Speaker reported that His Excellency recommended
the appointing a troop of Guards as had been accustomed to other
Governors. Address to the Governor drawn up in that sense.
[Board of Trade. Barbados, 65. pp. 414, 415.]
18. 410. Additional instructions for Ralph Grey, Esq., our
? ton Captain General and Governor-in-Chief of Barbados, Sta. Lucia,
Dominico, St. Vincent's and the rest of our Carribee Islands in
America lying to windward of Guardaloupe. Whereas by a clause
in your Commission there is a power vested in you to execute
Martial Law in time of invasion, insurrection or war, as also upon
soldiers in pay, which implies a power of executing such Martial
Law upon soldiers in pay even in time of peace, in the present time
of peace we have thought fit that the words as also upon soldiers in
AMERICA AND WEST INDIES. 231
1699.
pay be omitted in the like Commissions ; yet nevertheless it being
necessary that care be taken for the keeping of good discipline
amongst the soldiers in pay that are now in any of our Plantations
or that we may at any time hereafter send thither, which may be
provided for by the Legislative Power in each of our said Planta-
tions respectively, Our Will and Pleasure is, that you forbear in
time of peace to put the power conferred upon you by the afore-
mentioned words in execution, And that you recommend unto the
General Assembly of our said Island at such time as you shall find
necessary the passing of such Act for the punishment of Mutiny,
Desertion and false musters and for the better preserving of good
discipline amongst soldiers in pay as may best answer these
ends. [Board of Trade. Barbados. 44.\. pp. 266-268 ; ami fif>.
P. 478.]
May 18. 411. Similar letter, mutatis mutandis, to Governor Day of the
Bermuda Islands. [Board of Trade. Bermuda, 29. pp. 132, 133.]
412. Similar letter, mutatis mutandis, to Lord Bellomont,
Governor of New York and New Hampshire. [Bnard of Trade.
New York, 53. pp. 298, 299; and 8 A. Xo. 44 ; and New England,
37. pp. 139, 140.]
413. Similar letter, mutatis mutandis, to Governor Blakiston
of Maryland. [Board of Trade. Maryland, 9. pp. 375, 376.]
414. Similar letter, mutatis mutandis, to Governor Nicholson
of Virginia. [Board "/ Trade. Virginia, 37. .pp. 314, 315.]
415. Similar letter, mutatis mutandis, to Governor Sir William
Beeston of Jamaica. [Board oj Trad*. Jamaica, 56. pp. 316,
317.]
May 18. 416. Governor Day to the Council of Trade and Plantations.
Bermuda, j nave discovered the pernicious and corrupt practices of Mr.
Randolph, Surveyor-General of the Customs, to bring me into
disfavour with you. I send you copies of some rough drafts of his
letters which have come into my hands. In his letter to the
Commissioners of Customs he says that he was intended for
Providence, but that the sloop went without him for fear of being
stopped, which is altogether untrue, for he was with me when the
sloop was cleared, and took his ticket himself and his leave of me
for Providence, and the owner and he went out of my house
together to go directly on board to sail within half an hour. As to
Mr. Trott, late Collector, since he is dead I shall only say that, in
respect he was deputed by the Commissioners to that office, I
restored him to the execution of it upon my arrival. Upon his
death I put in Mr. Thomas Brook, who had late been Collector and
kept very regular books and accounts. Mr. Trott's imprisonment
by Col. Goddard was the effect of his contempt of authority. If
Mr. Randolph had signified his desire to me of any lawful publica-
tion to be made in the Churches I should have readily given him
my order, but he never applied. The sugar he mentions was
landed here by Capt. Briscoe, of the Sun prize, for relief of his men,
who came here in extremity, as shown by the rough draft of
Mr. Randolph's first letter. Besides, Capt. Briscoe made a tender
COLONIAL PAPERS.
1690.
of the Customs of the same to Mr. Randolph, who refused it, as it
was done for H.M. service. The falsity of the pretended deposition by
Samuel Stone will appear by Stone's enclosed attestation. As to the
depositions sent by Col. Goddard, I know nothing. Of Mr. Nelson,
a resident here for some years, I have had the account of his being
a very sober honest gentleman and he was nominated a Councillor
in H.M. Instructions to me, and by the experience I have had of
him he is a person of parts, of great loyalty and understands the
law in some measure, and so esteemed him the fittest for the office
of a judge that I could find in these islands. As to what is alleged
(May 2) very unjustly about the Statute of Habeas Corpus I refer
you to the proceeds at large herewith sent. According to the law,
an appeal was craved by and granted to the defendants by the
Judge of Assizes to the Governor and Council as a Court of
Chancery, and accordingly Bills were filed against Mr. Trott, who
praying for further time to file his answer, the defendants moved
that in the meantime an injunction might be granted to stay
execution for costs at Common Law. As to the suggestion that I
would not suffer the justices to take any depositions, I send the
certificate freely signed by them. I have discovered that Mr.
Randolph hath given out that I or Roger Crane hath taken two tun
of logwood of one Mr. Cholwell, who lately arrived here, for fees
and port charges of his vessel. He came into these islands in great
distress and asked leave to unlaid and refit his vessel, and to dispose
of some of his cargo to raise money for his occasions, and sold two
tun accordingly to Roger Crane, who really paid for the same. I
only took care that he entered into bond with security for landing
his goods in England, which he being a stranger found great
difficulty to procure, but having given such bond he had immedi-
ately his clearings and dispatches from these islands without any
delay or charges. As to wasting H.M. stores, I beseech you to have
a better opinion of me, when you have considered the Sheriff's
attestation, who is always the Keeper of the Stores.
The people here are at a stand to whom they ought to
yield their obedience, Mr. Randolph pretending great power and
authority, and that H.M. Governors must be accountable to him,
and using them in a very strange manner, not sparing to call them
villains and rogues. Under such misfortunes long have these
islands groaned by such undertakers, who want not the encourage-
ment of some disquiet men, namely Anthony White, Charles
Walker, John Dickenson and Capt. Thomas Harford, who have had
frequent consultations with this calumniating and dangerous man.
I imparted his letters and papers to the Council, who took his
examination before them. He could not deny the charge, but
chiefly insisted that he had power to call the Governor to account.
He was committed and remains in custody till he be delivered by
due course of law.
I have taken several parcels of the clippings of the currant
money of these islands and sent one ounce weight out of 14 found
with one person, hoping it may move you to provide a speedy and
suitable remedy to such exorbitant practices. I have several persons
in gaol on this occasion. On having made diligent search into
these matters and into the king's lands and slaves so long
AMERICA AND WEST INDIES. 233
1609.
concealed and detained, several discoveries have been made and
informations exhibited in the Court of Exchequer. And in
prosecution hereof I have discovered a great uneasiness in several
persons, especially in the persons before named ; Mr. Dickenson,
as I am informed, having some small time since carried to England
about a bushell of clippings, as I doubt not Capt. Benjamin Stow
can give you some account; and Mr. Walker is the person who
acts for MY. Noden, who formerly purchased the regicides' lands in
these islands, and on his account hath disposed of several shares of
the same. He is very uneasy and tells me he will spend ^2,000
but he will remove me from this Government. Signed, Sam. Day.
I send this by the Experiment, Capt. Samuel Kempthorne, bound
direct for London, who is a person of great experience in these
American parts, and can give you a full account of these islands.
Kndtinsrcl, Reed. June 30. Read July 4, 1699. 31] pp. Annc,ccd,
416. i. Abstract of above. H }>]>.
416. ii. List of papers enclosed. 2 pp.
416. m. Copy of letter from Mr. Randolph to the Commissioners
of Customs. Attested by John Trott. 2 pp.
416. iv. Copy of letter from Mr. Randolph to Mr. Salvage,
May 2. Written by John Trott, who swears to the
same. 1 p.
416. v. List of papers desired by Mr.Randolph from the Secretary
of the Islands. 1 \ pp. Attested by John Trott, son of
Samuel Trott, deceased.
416. vi. Copy of Gov. Day's Commission to Thomas Brook to be
Collector of the Customs. 1 p.
416. vn. Copy of Mr. Randolph's letter, Ap. 5, to Mr. Salvage of
the Custom house, London, f p.
416. vin. Copy of the attestation of Samuel Stone in contradiction
of what Mr. Randolph wrote about the sugar on board
Capt, Briscoe's ship. p.
416. ix. Copy of attestation of ZachariahBriggs in contradiction
of what Mr. Randolph wrote about Isaac Cholwell's
Logwood ship. p.
416. x. Copy of proceedings at the Assizes between Samuel
Trott and Gilbert Nelson. 2 pp.
416. xi. Copy of the proceedings at the Assizes between Samuel
Trott and Stephen Crow. 1 pp.
416. xn. Copy of proceedings at the 4 \ssizes between Samuel
Trott and Joseph Darrell. 3 pp.
416. xin. Copy of the attestation of several Justices of the
Peace that the Governor did not forbid their taking
depositions. Signed, John Gilbert, Smith's Tribe ;
Gilbert Nelson, town and parish of St. George ; William
Outerbridge, Hamilton Tribe ; Samuel Sherlock, Devon
Tribe ; Thomas Burton, Pembroke Tribe ; John
Brooke, Pagitt's Tribe; William Tucker, Warwick
Tribe ; Wm. Keele, Southampton Tribe ; Thomas
Forster, Somerset or Sandys Tribe. 1 p.
416. xiv. Copy of Attestation of the Provost Marshall that
the stores have not been wasted. Higncd, Jonathan
Warde. $ p.
234 COLONIAL PAPERS.
1699.
416. xv. Copy of Mr. Randolph's Mittimus. May 16. 1 p.
416. xvi. Copy of the deposition of John Trott as to Mr.
Randolph's letters. 1 p.
416. xvn. Mr. Day's certificate to the preceding papers. p.
[Board of Trade. Bermuda, 3. Nos. 39, 39 i.-
39 xvn. ; and (without enclosures) 29. pp. 161-170.
May 18. 417. Copy of No. 416xm. [Board oj Trade. Bermuda, 39.
p. 17.]
May 18. 418. Order of King in Council, for the preparation of a corn-
Kensmgton. m i ss i n for Edward Jones to be Secretary and Provost Marshall
of the Bermuda Islands, with a clause of residence. Signed,
Edward Southwell. Endorsed, Reed. May 27, Read June 7, 1699.
I p. [Board of Trade. Bermuda, 3. No. 38 ; and 29. pp. 133-135.]
May 18. 419. Petition of Major Richard Ingoldsby, captain of a
company at New York, for H.M. leave to stay some further time in
England. His pay is in arrears some 30 months' subsistence.
(opy. | p. Endorsed, Reed. Read May 18, 1699. [Board of
Trade. New York, 8 A. No. 31.]
May 18. 420. Council of Trade and Plantations. Representation upon
Whitehall. tne petition of Sir William Waller relating to the settlement of
Tobago. We have considered the petition and the papers laid before
us. The matter has been fully enquired into and debated by
the late Committee of the Council of Trade and Plantations, it
appearing to us by the books remaining in our hands that in
Nov. 1686, Monsr. Blumberg, then Agent for the Duke of Courland,
having in the name of the said Duke presented to the late
King James a memorial that he would permit a small number
of English families to contract with him in order to their settling
upon the island of Tobago, in conjunction with some of the said
Duke's subjects, and that they might be assisted with necessaries
from the Island of Barbados, the foresaid Committee of Plantations
did thereupon prepare a State of the English title to the said Island
together with an answer to Monsr. Blumberg's said memorial, which
was accordingly delivered to him, of both which papers we have
hereunto annexed copies. And finding thereby that the said Duke
had not observed the conditions of the grant made unto him by the
late King Charles II. in 1664, either by settling the same and
causing it jto be inhabited by English and Courlanders or by
furnishing a ship of war to his said Majesty, or by restraining
the trade thereof to England, Courland and Dantzig, as had
been stipulated ; for which and other reasons the then Attorney-
General did declare the said grant to be void in law, and
the late king thereupon also declared that he did not hold himself
obliged to allow the Duke of Courland's title, nor to permit his
subjects to settle that island, adding further that if it were settled
by foreigners, it would not be lawful for any other of his Majesty's
Plantations in America to trade with them, or if settled by English
it would be equally unlawful for them to trade with any foreign
State or Country. Upon all which accounts the matter then
proposed was judged impracticable, we therefore humbly represent
to your Majesty that not only the proposed settlement of that
AMERICA AND WEST INDIES.
235
1609.
May 18.
May 18.
Kensington.
May 18.
Whitehall.
May 18.
Kensington.
May 18.
Kensington.
Vlay 18.
liladelphia.
Island seems thereby to have received a final determination and
that therefore the renewal of the same by M. Blumberg or others
under him is altogether unreasonable, but also that the execution
of their project would prove very prejudicial to the Trade of
Barbados, and to the better settlement of the other Carribbee
Islands and to your Majesty's Revenue arising from the same, and
thereupon are humbly of opinion that the said settlement ought
not to be encouraged or allowed of. Signed, J. Bridgewater, Phil.
Meadows, Win. Blathwayt, John Pollexfen, Abr. Hill. [Board oj
Trade. Barbados, 44 A. pp. 268-271.]
421. Memorandum. The papers annexed were, His Majesty's
Title to Tobago (Cal. A. and W. I., 1686, No. 1033), and A paper
presented to M. Blumberg (Cal. A. and W. I., 1686, No. 1034).
[Board of Trade. Barbados, 44A. p. 272.]
422. Order of King in Council. His Majesty does not think fit
to allow of a settlement of a plantation upon the island of Tobago,
forbidding all persons to proceed on that design either from
England or any other place. The Governor of Barbados is to have
notice to discourage any undertaking in that behalf within his
Government, and to hinder the carrying any person or goods from
thence to the said island of Tobago. And the Lords Commissioners
of Trade and Plantations are to give notice to the Governor of
Barbados of His Majesty's pleasure herein accordingly. Sigurd,
Edward Southwell. Endorsed, Reed. June 19, Read June 20, 1699.
[Board oj Trade. Barbados, 8. No. 5 ; and 44A. p. 286.]
423. Representation of Council of Trade and Plantations upon
the Acts passed in the General Assembly of Barbados, Aug. 9- Sept.
27th. The Act to ascertain the powers of the Assembly does not
appear to us necessary nor likely to have ever been passed in any
other of the Plantations. The Act for reviving an imposition on
wines is temporary and already expired. The rest we recommend
for his Majesty's assent. Signed, Ph. Meadows, Wm. Blathwayt,
John Pollexfen, Abr. Hill. Annexed, List of Acts. [Board of Trade.
Barbados, 44 A. pp. 272-276.]
424. Order of King in Council, repealing the Act passed by the
Governor, Council and Assembly of Barbados, entitled an Act to
declare and ascertain the rights and powers of the General Assembly
of this Island. Signed, Edward Southwell. Endorsed, Reed.
May 27. Read June 7, 1699. [Board of Trade. Barbados, 8.
No. 3 ; and 44 A. pp. 282-284.]
425. Order of King in Council confirming the Act lately passed
in the General Assembly of Barbados granting 2,000 to the
Governor, Mr. Grey, and ordering the Treasurer of the island to
pay the same. Signed, Edward Southwell. Endorsed, Reed.
May 27. Read. June 7, 1699. [Board of Trade. Barbados, 8.
No. 4 ; and 44 A. p. 285.]
426. Robert Quary to the Council of Trade and Plantations.
This is now the 6th time I have troubled you without receiving any
instructions. By some late account from Mr. Penn to those in the
Government here, he acquaints them of several complaints senfc
236 COLONIAL PAPERS.
1699.
home against them which he hath (as they say) blown of(f), which
causes great joy amongst them. It is the general discourse that Mr.
Penn hath greater interest at Court now than ever he had in King
James' reign, so that they conclude that no complaint against them
can be heard. And truly, if affronting His Majesty in their open
Courts, if forcibly taking prohibited goods under seizure out of the
King's stores and delivering them to the person that illegally
imported them without any trial, if delivering ships under seizure by
the King's officer for loading tobacco without giving bond or security
and before any trial, which is matter of fact done by Mr. Pen's
Governor for a very valuable consideration, the depositions of
all which was sent home, if making an Act of Assembly in opposition
to an Act of Parliament of England on purpose to destroy the powers
of the Admiralty and erecting a Court of Admiralty of their own for
seizing and trial of ships, which accordingly they have executed
if these and abundance of other matters formerly laid before you are
so easily blown off, I know 7 not what it is they may not pretend
to do in this Government. I have found the effects of it already.
Last week here was a ship seized for not having a Registry. I held
a Court of Admiralty : the ship and goods were condemned :
they moved for an appeal. I told them an appeal did lie to
the High Court of Admiralty of England and the ship and
goods meanwhile should be kept safe. They moved that they
might have all delivered to them on bond to prosecute the appeal.
I told them that bonds signified nothing here, since they could not
be sued in this Government, there being several of the king's bonds
due and though several applications hath been made on behalf of
his Majesty to this Government, yet they will not let them be put
in suit, under pretence that here is no Attorney-General for the
king. It is therefore but abusing the king to take more bonds, but
upon their motion that some of the goods were perishable, I told
them that I would grant a warrant of appraisement and order
the delivery of all in case they would deposit the value in
Court. Whether they will comply I know not. I beg your
directions in this case. At the trial of the ship there appeared all
the Justices of this place in behalf of the Master; some of them
were pleased to threaten and abuse the officers of the Court. Mr.
David Lloyd in particular declared in open Court that we did not
sit there by the king's Commission. He is the same person that
affronted his Majesty in open Court before, and since Mr. Penn's
news of blowing off all the charges they have preferred him to
several places of trust and profit in this Government. Their
threats have already so far prevailed that the Register tells me he
will act no more ; and Mr. John Moor, hitherto King's Advocate
and the only person fit to serve his Majesty in that station, is very
uneasy. He was prevailed on by Governor Nicholson to act
contrary to his interest on the expectation of some encourage-
ment he proposed, but hath not yet heard about from your
Lordships. Besides being threatened and affronted by the
Government he finds himself turned out of all his practice in
their Courts, and all for serving the King. I have prevailed
with him to continue a little longer until we can hear from
you. If the officers do quit it will be impossible to get others.
AMERICA AND WEST INDIES. 237
1699.
They have brought an action against the Marshal of the Admiralty
for having the prohibited goods that were seized in the King's
store. He expects every day to be thrown into gaol. I humbly
propose that, if you think Gov. Nicholson is at too great a distance,
you will empower the Governor of Maryland, who is altogether
a stranger to me, to examine and report all things to your Lordships.
I have always been ready to do Mr. Penn all the services I could ;
I represented all things to his advantage when there lay several
heavy charges before you against his government, and I should
never have executed the powers of the Admiralty Commission had
it not been for his importunity and solemn assurances that his
government should assist me in serving the King's interest here,
and that all the former abuses should be remedied. No part of
which promise hath been performed, but all illegal trade has been
encouraged more than ever. The very J.P. who took the goods
forcibly out of the King's store and erected a new Court of Admiralty
is the man that shipped off lately 16 barrels of cut tobacco in flour
barrels to Boston which by chance were seized there. It is
impossible to secure the trade of this place without a small vessel
of force. The great price tobacco yields here encourages the
country to plant more than ever. It hath been sold here this year
for above 30s. per ct., which is far more than the best of Virginia
and Maryland, though that of this country is not half so good.
The reason is from the advantage of illegal trade. Since the
late assurances from Mr. Penu they are more obstinate than ever
in their illegal practices and refuse to deliver either the prize goods
which they detain, or any part of the goods they took out of the
King's store. Signed, Robert Quarry. Endorsed, Reed. July 28,
Read Aug. 2, 1699. 4 pp. Holograph. Enclosed,
426. i. Abstract of preceding letter. 1 p.
426. n. Proceedings of the Court of Admiralty in Pennsylvania
relating to the Providence, John Lumby, Master.
Signed, Moore. 4 pp.
426. in. and iv. Proceedings of the Court of Admiralty,
Philadelphia, May 12 and 13, 1699, on the petition of
John Lumby relating to the Providence, and also to
Justice Morrice's forcing goods under seizure out of the
Marshal's hands and the Sherif and Governor not
delivering some prize goods as ordered. 7 pp. [Board
of Trade. Proprieties, 3. Nos. 28, 28 i.-rv. ; and
(without enclosures) 26. pp. 11-20.
May 19. 427- Journal of Council of Trade and Plantations. Letters
Whitehall. an( j papers from Col. Nicholson, Feb. 4 and 27, read. Answer
directed. Laws of Mar}'land, Oct. 1698, ordered to be sent to the
Attorney-General.
Memorial of Sir Bartholomew Gracedieu and others, presented
by Mr. Gilbert Heathcote relating to the non-residence of Patent
Officers in Jamaica read. Ordered that the persons named, George
Golding, Robert Clowes, Leonard Compier and John Babor be
summoned to attend the Board.
Letter from Governor Sir William Beeston, Feb. 8, read.
Ordered that the Acts of Jamaica, Dec. 1698, be sent to the
Sollicitor-General. [Board of Trade. Journal, 12. pp. 48-52 ; and
96. No. 82.]
238 COLONIAL PAPERS.
1699.
May 19. 428. Petition of Agents, Merchants and Planters of Jamaica
to Council of Trade and Plantations. Contrary to his Majesty's
Order in Council, Feb. 16, the Patent Officers, George Goulding,
Provost Marshall General ; Robert Clowes, Clerk of the Supreme
Court; Leonard Compeer, Receiver General; and John Baber,
Secretary, are still residing in England. We petition that they
may be obliged to reside in the island. Signed, Benj. Way, Francis
Cuddon, Ste. Mason, Lawrence Prince, Eben. Gatton, James
Pinnock, jun., John Brooks, Edw. Broughton, Laur. Galey, Robt.
Walker, E. Mall, Nath. Micklethwaite, John Bernard, Dan. Westall,
Stephen Style, Bartho. Gracedieu, Gilbert Heathcote, Ja. Saunders,
Richard Bell, Josias Wordsworth, Tho. Chambers, John Black-
stone, Robt. Wilsonn. Endorsed, Reed. Read May 19, 1699.
[Board oj Trade. Jamaica, 8. No. 114 ; and 56. pp. 322-323.]
May 19. 429. William Popple to Sir John Hawles. I send you some
Acts passed in the General Assembly of Jamaica in Dec., 1698,
upon which, as also upon those of New York, New England, the
Leeward Islands and Pennsylvania formerly sent, your opinion is
desired. List of six Acts, (1) To continue the additional duty.
(2) To oblige and enable several parishes to raise levy, collect and
pay in their taxes and arrearages arising by former Acts. (3) To
confirm and secure titles to estates. (4) To appropriate 1,500 to
the use of the Rt. Hon. Sir Wm. Beeston, knight. (5) To enable
trustees to sell part of the land of James Crips, deceased, to
discharge a mortgage. (6) An Act of favour to Capt. Usher Tyrrel
in consideration of his sufferings by the French. [Board of
Trade. Jamaica, 56. p. 321.]
May 19. 430. Minutes of Council of New York. The L.G. proffered to
take the oath appointed. Payment ordered to Arnout Cornelise
Viele, the interpreter. Instructions drawn by the Attorney-General
to acquaint the Maquaes that the patent of their land is vacated and
Mr. Dellius is suspended. Petition of Jacob Garriot referred to the
Justices of the County of Richmond. [Board oj Trade. New York,
72. pp. 243-245.]
May 19. 431. William Popple to Sir Thomas Trevor. The Lords
Whitehall. Commissioners for Trade and Plantations command me to send you
the Acts past in Maryland, Oct. 1698, and to desire your opinion,
not only upon them, but upon the former laws of that Province,
for want whereof they have not been able to make any report upon
any of the laws of the Province, ever since their receiving their
commission. List of Acts annexed. [Board of Trade. Maryland, 9.
pp. 377-379.]
May 19. 432. Minutes of Council of Virginia. Petition of Francis
Dance against Sampson Dorrill referred to the Attorney General ;
that of Richard Kitson for the hire of his sloop in H.M. service,
and of Abiah Merchant, widow, complaining that she pays quit-
rents twice over, to the Auditor.
A warrant ordered to Major Thomas Swann to summon witnesses
in the Nansemund affair to appear before George Nasworthy, J.P.
John Taylor, being acquitted of the charge of perjury, his
suspension from the office of Clerk of Charles City County was
revoked.
AMERICA AND WEST INDIES. 239
1699.
May 20. Proclamation for the apprehension of seamen deserting the
Essex prize signed. Warrant for 17 3s. to Richard Dunbar,
signed. [Board of Trade. Virginia, 53. pp. 258-261.]
May 20. 433. Governor Blakiston to Council of Trade and Planta-
tions. I hope you will approve of my action in not convening the
Assembly sooner that the 28th of next month for the reasons given
in my last. I have not received any directions from your
Lordships, but two from Mr. Secretary Vernon, one, bearing the
date of Nov. 23, to secure Capt. Kidd or any of his accomplices,
that should chance to come into this province, upon which 1 sent
a power to the respective sheriffs to raise the county in case they
could not be otherwise apprehended, for there is no fortifications in
this province. The other was January 2, in relation to the Scotch
design. I sent forth a proclamation that no persons might
.pretend ignorance and not to come near them or give them
assistance, and I likewise gave notice to the respective Collectors
and Naval Officers to take care no ships clear that may be
suspected of going that way. The news we have is from
Philadelphia that they are gone to the Gulph of Darien in Golden
Island, not far from Cartergen, and, if common Fame is to be
credited, they have sent some vessels from Philadelphia already.
Since my last three small ships have been seized here and con-
demned respectively for importing Irish goods not shipped in
England, for not being navigated according to law and for having
Scotch owners. I enclose the proceedings, which I have also trans-
mitted with the original registers and cocketts to the Custom house.
There has some query been started whether any ships condemned
can have an immediate appeal to England to the Court of Admiralty,
which the Commission for Vice Admiral seems to allow of, but
there is a clause in my Commission under the Great Seal, that now
appeals shall be made but to His Most Sacred Majesty in Council,
and lest I should be too tedious I enclose copies of each paragraph.
It has been granted to those that have desired it. I humbly beg
your directions how I am to be regulated. The Governor of
Virginia was here about six weeks ago and was desirous that some
time hence we might see my Lord Bellomont, which proposition I
should be glad to embrace. I received a letter from my Lord
about ten days ago, who seems to be desirous of it and to meet us
at Philadelphia at his return from New England. There are some
reports industriously spread abroad that Scotchmen inhabiting in
England, and house-keepers, are permitted to trade for the.
enumerated commodities and send their ships to the Plantations,
but since I have such instructions as are directly contrary, I do
not in the least hold myself any way concerned to have the least
regard to it, since it interferes with the direct letter of the Law
and my Instructions. I have had nothing of this nature signified
to me from your Lordships nor the Commissioners of the Customs.
Signed, N. Blakiston. Endorsed, Reed. July 17. Read, Aug. 22,
1699. 3 pp. Enclosed,
433. i. Proceedings at the condemnation of the ship Amity
of London for having Scotch owners.
240 COLONIAL PAPERS.
1699.
433. ii. Proceedings at the condemnation of the Piiick
Johanna, of Gosport, for importing Irish goods not
shipped in England.
433. in. Proceedings at the condemnation of the Pinck
Daniel, of Rotterdam, for not being navigated according
to law.
433. iv. Copy of clauses from the Commissions of the
Governor and the Judge of the Vice-Admiralty.
433. v. Col. Blakiston's query about appeals, as above.
[Board of Trade. Maryland, 3. Nos. 69, 69 i.-v. ; and
(without enclosures) 9. pp. 385-390.]
May 22. 434. Memorandum of Papers relating to the Scotch settlement
Whitehall. on the isthmus of Darien delivered to the Council of Trade and
Plantations by Mr. Secretary Vernon for their consideration.
Endorsed, May 26, 1699. Enclosed,
434. i. Copy of the Memorial of the Spanish Ambassador. The
King of Spain has heard with much dissatisfaction of
the descent of the Scotch ships upon Darien, regarding
it as a mark of little friendship and a rupture of the
alliance between the two Crowns. 1 p. Endorsed,
Reed. Read May 22, 1699.
434. n. Copy of a Memorial on behalf of the Company of
Scotland in defence of their settlement at Darien.
The Company of Scotland trading to Africa and the
Indies was prepared by an Act of Parliament, 1693, and
perfected by the Act of Parliament, 1695, and a Charter
under the Great Seal. The subscriptions for a vast
sum were immediately subscribed, but the Directors
were very cautious to conceal the place they designed
for. They set out their ships, Nov., 1698, and pitched
upon a place, the north side of Darien, never before
possessed by the Spaniards. 7J pp. Endorsed as
prccedinf/.
434. in. Extract of Scotch Act of Parliament for establishing an
East India Company in Scotland. 1 p. Endorsed as
preceding. [Board of Trade. Plantations General, 5.
Nos. U, 14 i.-m.J
May 22. 435. Earl of Jersey referring annexed petition to the
Whitehall. c ounc ii O f Trade and Plantations. Signed, Jersey. Endorsed,
Reed. May 23, Read May 24, 1699. Annexed,
435. i. Petition : Peter Beckford, junr., having slain Samuel
Lewis, H.M. Commissary General and Deputy Judge
Advocate in the island, in a quarrel that arose on one
of H.M. ships in the West Indies, fled to France. His
relations plead for pardon, Beckford being guilty of
manslaughter not murther. Enclosed,
435. ii., in. Copies of depositions of Richard Chitty and
Andrew Duany, Dec. 14, 1697, about the death of
Samuel Lewis.
435. iv. Opinions of English lawyers on the case. [Board oj
Trade. Jamaica, 8. Nos. 115, 115i.-iv. ; and (without
enclosures) 56. pp. 324-325.]
AMERICA AND WEST INDIES.
241
1699.
May 22.
May 22.
May 22.
From Prison,
Bermuda.
May 22.
Bermuda.
436. Hudson's Bay Company to the Lords Commissioners.
Account of the injuries, depredations, and damages done by the
French to the Company. Totals, 1682-1688, 118,014 19s. 8d.
During the late war ; 99,500. [America and West Indies.
Hudson's Bay, 539. No. 8. pp. 29-30.]
437. Minutes of Council of Montserrat. A negro, John
Freeman, belonging to Mr. Robert Puitt, convicted of having
absented himself from his master's service for over 3 months, was
condemned to be broken to pieces and afterwards his limbs and
body to be burnt in accordance with the Act. [Board of Trade.
Leeward Islands, 64. p. 543.]
438. Edward Randolph to Council of Trade and Plantations.
In obedience to your commands, April 1, 1697, I have wrote upon
all occasions the truth of what I have observed, it seems in too plain
terms, Governor Day having, by the treachery or negligence of
one employed to copy my papers, had copies of two or three of
my letters. I can vouch by sufficient persons the truth of what I
have wrote. If upon examining my letters, I lately sent by
Capt. Stow, there appear anything which has the face of falsehood,
I desire to be sent for home and have liberty to make my defence,
before impartial judges, these being prosecutors and judges also. If
I have done damage to anyone here the law is open ; but I always
believe that whatever is transmitted to your Lordships 'tis safe,
and will be made use of no further than for his Majesty's service. I
entreat you that I may not be destroyed in a nasty jakes ; if not
sufficiently proved, will bear an action of slander only. I should do
pretty service if I advised only with the Governors. Governor Day
intimated so much, used me with great civility and gave me the
characters of several persons, of whom I have since found out that
Nelson was a broken usurer in London ; Outerbridge part owner of
the Amity ; yet you find their names in the order of my commit-
ment. They thought to be even with me. Those on whom
Day reflected are men of the best estates and were of the Council
not long since, being old standards, and will, when every man
without fear of imprisonment may, prove the truth of what I have
wrote. I am much impaired in my health by my confinement.
These evil-doers ought to be turned out of the Council for opposing
a gentleman in the immediate service of the Crown. I once again,
and perhaps 'tis the last time, humbly entreat that I may not
be crushed to death under the burthen of angry and insulting pride
and vanity. No signature. Holograph. 2J pp. Endorsed, Reed.
June 29. Read July 4, 1699. Enclosed,
438. i. Copy of Mr. Randolph's commitment to prison, I p.
[Board o/ Trade. Bermuda, 3. Nos. 40, 40 1. ; and 29.
pp. 170-176.]
439. Deposition of Walter Turner, goldsmith. About six
weeks since one William Pargiter came to the house of Major
Michael Burrowes, where deponent lodged, and desired to borrow a
pair of shares, a file and a pair of scales, saying he had some heavy
money and had a mind to clip it. Afterwards he asked leave to
12208 Q
242 COLONIAL PAPEKS.
1699.
melt some silver at deponent's forge. The silver proved to be silver
clippings. Copy.
Deposition of the same about William Baisden's clipping. Copy.
Deposition of the same about Mrs. Elinor Hall selling clippings
to him at 5s. 4d. per ounce. [Board of Trade. Bermuda, 39. pp.
20-22.]
May 22. 440. Journal of Council of Trade and Plantations. Their
Whitehall. Lordships advised with Sir Edmund Andros about the boundaries
between England and Nova Scotia and the Fort formerly at
Pemaquid.
Memorial in behalf of Peter Beckford, junior, presented by the
Earl of Jersey and read. Mr. Way ordered to attend and offer
what he had to say in pursuance of his memorial of March 18,
1697.
May 23. Mr. Leonard Compier produced a copy of his patent for the
office of Receiver-General for Jamaica.
Depositions, &c. relating to the killing of Mr. Lewis by Mr.
Beckford read.
May 24. Mr. Baber, Secretary of Jamaica, attended and promised to
produce a memorial in writing relating to his patent and office.
Mr. Way presented a memorial upon the case of Mr. Beckford.
Representation thereon directed.
Capt. Nprris, Commodore the last year at Newfoundland, being
newly arrived from the Streights said that one occasion of the
complaints against last year's Newfoundland fish might be that a
great part of it had been killed by the ice and cured amongst the
rest, though it had been taken up dead in that manner. There were
several unfree ships that fished there, viz. Prize ships and other
foreign bottoms that had not been made free. When he came from
thence the soldiers were in good health and those that had been
disbanded liked the place and were willing to stay there.
Lord Jersey delivered the complaint of M. Ponchartrain to
the French Ambassador about the damage done by the English
on the French part of St. Christopher's, in order that an instruction
may be given to Col. Codrington for enquiry into the matter and
causing satisfaction to be made as shall be reasonable. [Board of
Trade. Journal, 12. pp. 52-55 ; and 96. Not. 83-85.]
May 22. 441. Journal of House of Burgesses of Virginia. Col. Ludwell
reported from the Committee of Grievances that they had made
several amendments to the Bill for Taxing Servants, which was
ordered to be engrossed with the amendments. Bill appointing a
Committee for revising the Laws amended and agreed to. Bills
read a second time, May 19, now read a third time. Bill declaring
mulatto women, etc., titheable dashed. Report of Committee of
Claims entered in one book and laid upon the table. Reply to the
Instructions of the Lords Justices agreed upon. (See abstract of
Journal of General Assembly, June 2.) Petition of John Tullit
referred to Committee of Claims, and a complaint against Thomas
Walter, sub-sheriff of Westmorland, who had attached two negro
May 23 children of the estate of Gowen Corbin, a member of the House of
and 24. Burgesses, was referred to Committee of Privileges, and upon their
report it was ordered that his action was a breach of the privilege
AMERICA AND WEST INDIES. 243
1699.
of the House, and all proceedings upon it ought to be suspended,
that the Speaker acquaint the Court of Westmorland with the
resolution of the House, and that the Messenger of the House
bear the letter and take the Sheriff into custody, and upon his
refusal to pay 3 to him for his trouble to bring him before the
House. Bills for conferring titles to town lands and appointing a
Committee for the Revisal of the Laws read the first time.
Conference held with the Council about building the State House.
Bills appointing a Treasurer, encouraging Adventurers upon a new
discovery of the Western Indians, and lessening the levy by the
poll and laying an imposition upon liquors towards building the
Statehouse, etc., read the first time. [Board of Trade.
Virginia, 52. pp. 423-432.]
May 22. 442. Journal of General Assembly of Virginia. Bills against
pirates and privateers, prohibiting the exportation of corn, to prevent
the discontinuance of courts, forbidding the unseasonable killing of
deer, regulating juries, punishing slaves for hog-stealing, restraining
the killing of whales, and ascertaining the value of money, were read
a first time.
May 24. The burgesses desired a conference to consider a model for the
state-house : committee appointed. The above-mentioned bills were
read a second time and committed for amendments. Bills against
blasphemy, and for prevention of undue elections passed, with
May 25. amendments, and sent down to the House of Burgesses, who
reported that they agreed to several of the amendments made in the
May 26. two latter Bills, but not to all. The Council proposed conference
about the method of amending bills, to which the Burgesses agreed.
The Bill against killing whales was rejected as encroaching upon the
Royal Prerogative, but the Council declared itself ready to join with
the Burgesses in an address upon the matter. The Bills against
Pirates and Hog-stealing slaves, to prevent discontinuance of Courts
and unseasonable killing of deer and to regulate juries, were passed,
with amendments, and agreed to by the Burgesses. Mr. Humphrey
May 27. Higinson's propositions about the manufacture of linen and cotton
referred to the House of Burgesses. [Board of Trade. Virginia, 52.
pp. 106-118.]
May 23. 443. Richard Lloyd to the Council of Trade and Plantations.
I enclose an Account of the French Invasion of Jamaica, 1694,
together with a copy of the Act for giving Sir William Beeston
1,500 for his good conduct upon that occasion, with some
observations thereon in which I hope there is sufficient cause
shown why that law should not be confirmed. As it is almost
five years since that affair I may be pardoned if my memory fails
me in some minute circumstances. I should have given this
account before, but was not willing to venture the original papers
in war time. I must confess there has been some difference
between the Governor and me ; he suffered me to be affronted not
only when I was Chief Justice, but also when b^ a severe fit of
sickness, I had lost the use of my hands, so that I could not do
myself right. But my resentments have not carried me a hair's-
breadth from the truth. Signed, Richd. Lloyd. Endorsed, Reed.
May 23. Read June 7, 1699. Enclosed,
244 COLONIAL PAPERS.
1699.
443. i. Account of the French Invasion of Jamaica, 1694.
The money voted in the Act quoted being awarded on
the grounds of Sir W. Beeston's " great care, prudence,
conduct, good government and bounty, by which the
island was preserved from the rage of a barbarous and
potent enemy," Mr. Lloyd's Journal is directed to
prove the falsehood of these pretensions. He alleges
that Sir William Beeston (1) ordered the guns of Port
Morant to be spiked up and the two Windward Parishes
to be deserted, and did not acquaint the Council with this
order till two days after it was done. (2) He did not send
boats to bring the goods which lay ready for market, to
the value of 20,000. (Certificates quoted of the damage
suffered in the Windward Parishes show : 50 sugar
works, five rum works, 21 cotton works, 54 indigo works,
11 provision plantations, &c. &c. destroyed, and 1,962
slaves carried off by the enemy. Names of owners oj
factories mentioned : Col. Edward Stanton, John
Harbin, Wm. Hutchinson, James Wall, George Bennet,
Jaspar Butcher, Mrs. Dorothy Turpin, Charles Roberts,
Capt. Edward Story, James Littleton, Capt. Henry
Hilliard, Capt. Robert Bowman, James Stewart, Capt.
Nicolas Wilks, Capt. John Kendar, Richard Howard,
Capt. Edwards, Robert Flaxney, Nicolas Lissons, Jno.
Bassett, Mrs. Paine, Major John White, Madam
Wignall, Capt. Richard Risby, Adam Stewart, William
Philips, Anthony Stoddard, Capt. Joseph Dowling,
Major Smith Kelly, Capt. Robert Phillips, Major Charles
Penhallow, Capt. Anthony Swymer, Capt. Christopher
Cooper, Lt.-Col. Modyford Freeman, Thomas Groues,
Natha. Phelps, Mrs. Vangilder, Thomas Dunning,
William Coward, Dr. John Kenn, Capt. Thomas
Hudson, Capt. Jno. Cosley, Hackes Garbrand, William
Harris, Col. Lyne, Major Nicholas Richardson, Jno.
Stretch, Francis Fouracres, John Hamond, John
Austin, Edward Turner, John Jennings, John Clark,
John Campion, William Robinson, Thomas Harry,
Wm. Bennett, Charles Bernard, Mrs. Mary Macklane,
Wm. Johnson, Madam Bereman, Mr. Whitaker,
Mrs. Ann Whitaker, William Magary, Major James
Lobley, Capt. George Lenham, Mrs. Cole, John
Courtney, Mrs. Smith, Mrs. Staton, Madam Harvey,
Capt. Robert Phillips, Mrs. Mewtis, Capt. Tisdall, Mrs.
Vuglar, Wm. Almond, Joseph Gardner, Lt. Compere,
Capt. Jennings, Lt. Jolley, Wm. Fouracres, Leonard
Eaton, Mrs. Bowley, Sam. Allen, George White,
Andrew Dewany, Major Thomas Richardson, Timothy
Conway, Thomas Orchard, Mrs. Rumbald, Charles
Thomas, Jno. Jackson, William Hyley, Dr. John Smith),
(iii) That he suffered three of the enemy's ships to lie
in Cowbay, three days after the rest were gone to
leeward, when he had force enough at Port Royal to
destroy them, and return to port before the enemy
AMEEICA AND WEST INDIES. 245
1699.
could hear of it. (iv) He despatched the forces from
Sir lago to Withywood in several parties and at such
a distance of time, that some were routed before the
others could know there was any engagement,
(v) That he sent five or six hundred odd men to
march 80 odd miles against an enemy almost three times
their numbers without one ounce of provision or any more
ammunition than each man carried in his catouch box.
(vi) That he kept a great part of the strength of the
Island to guard his own person at St. Jago, and refused
to send any succour to that small force that was exposed
to the enemy, or ammunition till the enemy were gone
out of the island, thereby causing the destruction of
many settlements that might have been preserved,
(vii) He frequently advised the officers that opposed
the enemy at Withywood to retreat to St. Dorothy's,
which if they had done the parishes of Vere and
Claringdon must have been exposed to utter ruin,
(viii) That he never came nearer the enemy himself
than 30 miles all the while they were in the island. As
to Sir William's bounty, he keeps but one meal a day in
his house and that never exceeds five dishes ; at night
there is a glass of Madera wine and water and a pipe of
tobacco for any one that will come and sit with him, nor
is he curious in his company, so that sometimes it is
very bad. His temper has been noted to be rather
griping than liberal, and as to his service in general, the
Island is sunk into a much lower condition under
his management than ever it was since 1655, when
it was taken by the English. Endorsed as preceding.
64 pp. [Board of Trade. Jamaica, 8. Nos. 117, 117 1.]
May 23. 444. Answer of Nicholas Trott to the charges of Tho.
Bulkley. (May 15.) The Governor having received leave to settle
his affairs at Burmoodas in his passage made what convenient
speed he could to New Providence. If the island suffered in the
meantime it was by the rebellion of the complainant, who deposed
and imprisoned the Governor Cadwallader Jones, where he lay till
delivered and restored by the people. He made the latter a
Proprietor's Deputy, there being nothing then objected against
him, and judging him the fittest person in the small choice he had
upon the place. He found Capt. Mercier a deputy and continued
him, he being generally esteemed an honest and useful man, and
for that reason had been naturalized by Act of Assembly both at New
Providence and at New York. Complainant was in prison, at his
coming, charged with High Treason for levying war and deposing
the Governor. He was tried and had all the benefit the law allows,
of which he took full latitude, and excepted to so many persons that
he left but 14 out of which to empanel his jury. The French
appearing on the coast, the Council ordered the inhabitants to work
upon the fortifications in order to public security. The Governor
took no other dues than of right, nor other fees than by law and
custom allowed. He gave a licence to Cadwallader Jones to go off
246 COLONIAL PAPEES.
1699.
the island, he being charged with no crime but by the complainant
and that without evidence. The charge about Avery he has
answered upon oath exhibited against him by the owner of the ship
Charles, which, as it is true, he hopes is full and satisfactory.
Signed, Nicholas Trott. Endorsed, Reed. May 24. Bead June 7,
1699. 2 pp. [Board of Trade. Proprieties, 3. No. 17.]
May 23. 445. Eiohard Bradshaw to the Council of Trade and
Plantations. On behalf of some merchants of Holland, owners
of the ship Jufrow Gertrud, I lay before you the affidavits made
by the seamen of that ship, by which it will plainly appear that the
owners have been robbed of several thousands of pounds, the men
very much abused and a considerable sum of money extorted from
them by Nicholas Trott, late Governor of the Bahama Islands.
Signed, Richd. Bradshaw. Reed. May 23. Read June 7, 1699.
Enclosed,
445. i. Copy of deposition by the Lieutenant and several seamen
of the Jufrow Gertruyd (repeating No. 293).
445. n. Deposition of Roeloff Stoffelsh vanHenning and Carelsh
Krods, belonging to the Jufroiv Gertruyd.
445. in. Extract from a journal of Lt. Gerard Looman.
445. iv. Extract from a journal of Josias Fielroy. [Board
of Trade. Proprieties, 3. Nos. 18, 18i.-iv. ; and (without
enclosures) 25. pp. 432-433.
May 24. 446. Memorial of Benjamin Way, of London, merchant,
son-in-law to the late Samuel Lewis, to the Council of Trade and
Plantations. The murder was barbarous, wilful and forethought.
Petitioner prays that Mr. Beckford may be sent over to Jamaica
as soon as possible to be tried. Signed, Benj. Way. Endorsed,
Reed. Read, May 24, 1699. [Board of Trade. Jamaica, 8.
No. 116 ; and 56. pp. 326-328.]
May 24. 447. Minutes of Council of Virginia. Petition of Arthur
Whitehead complaining of an assault by a Nottaway Indian referred
to Benjamin Harrison. The Attorney General ordered to consider
the proper style of all commissions and public instruments in the
Colony and Dominion.
May 26. Petition of William Leigh for a grant of land in King and Queen
and Essex Counties referred to the Committee of Claims.
May 27. The Instructions about Collectors and Naval Officers referred for
further consideration. Capt. Thomas Swann's letter, representing
that when he commanded the Militia in Surrey County several
fines were levied upon refractory persons, and that these Capt.
Francis Clements had now converted to his own use, referred to
Col. Harrison, present Commander-in-Chief of that County. Edwin
Thacher appointed to go to Middle Plantation to assist Theodoric
Bland in surveying and laying out the land for a town. [Board of
Trade. Virginia, 53. pp. 261, 262.]
May 25. 448. Council of Trade and Plantations to Mr. Secretary
Whitehall. Vernon. As to the petition of Mr. Robert Chaplain, we do not find
by the instructions usually given to Governors of Plantations that
the defendants in cases of appeal are obliged to give security as
desired by the petitioner, but we are informed there are several
AMERICA AND WEST INDIES. 247
1699.
precedents in the Plantations and the present case seems to deserve
such care, that the appellant may not be defeated of his right.
Signed, J. Bridgewater, Ph. Meadows, John Pollexfen, Abr. Hill.
[Board of Trade. Barbados, 44 A. pp. 277-279.]
May 25. 449. Council of Trade and Plantations to the King. As the
Whitehall, whole truth of the matter of fact cannot appear, nor the parties
concerned for the deceased, Samuel Lewis, be satisfied, without a
trial in Jamaica, we recommend that Beckford be not pardoned till
he have been first legally tried in Jamaica. Signed, J. Bridgewater,
Ph. Meadows, Jno. Pollexfen, Abr. Hill. [Board of Trade.
Jamaica, 56. pp. 829-381.]
May 25. 450. Order of King in Council referring the presentment of the
Kensington. Commissioners of Customs, together with the enclosed papers
relating to Pennsylvania to the Council of Trade and Plantations.
Signed, Edward Southwell. Endorsed, Reed. May 27. Read
July 26, 1699. \ p. Enclosed,
450. i. Presentment of the Commissioners of Customs to the
Lords of the Treasury recommending that the enclosed
papers be laid before the Council of Trade for them to
consider whether Mr. Markham, Governor of Pennsyl-
vania, ought not to be removed, and the Act passed by
him contrary to the laws of England to be repealed.
Signed, C. Godolphin, Walter Yonge, Sam. Clarke.
Custom House, London, May, 1699. Enclosed,
450. n. Edw. Randolph to the Commissioners of Customs. The
Pennsylvania Act, which the Assembly called in derision
An Act for preventing frauds and regulating abuses
in the trade of that Province, is repugnant to the
Act passed in England and particularly to the Court of
Admiralty erected pursuant to that Act. Col. Quary
intends notwithstanding their new law to hold a Court
of Admiralty to try an illegal trader. He informed me
that Mr. Markham being made Lt. Gov., Mr. Penn
had not the oath loyally administered to him. I
hastened thither accordingly. I never observed so many
Scotch merchants as now are in Pennsylvania, and so I
am informed in Virginia and Maryland. They very
much depend upon Mr. Attorney and Mr. Solicitor
General's report upon the provision in the Act for
preventing frauds relating to Scotchmen, and Mr.
Markham has thereupon made Major John Donaldson,
a Scotchman, his Naval Officer at Newcastle. I found
that Mr. Markham had taken the oath but not before the
Commissioners appointed, though some of them were
in town and Mr. Yeates but 20 miles away. The
Commission for administering the oath is in the
Secretary's office, and so long as it is there and the
Council administer it, his successor, if a Quaker, will
securely enter upon the Government upon his attestation
only. Col. Markham would not let the Commissioners
for administering the oath keep the Commission.
I was abused and imprisoned. I seized 9 hogsheads of
248 COLONIAL PAPERS.
1699.
tobacco from Philadelphia for not paying the full duty
and am very much clamoured against. Since Mr. Penn
and his people take upon them to dispense with the Acts
of Parliament, the officers of the Custom house will be
useless till His Majesty be pleased to put the govern-
ment into the hands of persons of abilities and loyal
principles, and with a small vessel well manned to
cruize for some time at the entrance of Delaware Bay.
New York. Aug. 8, 1698. Copy. 3 pp.
450. m. Deposition of Edward Randolph. On July 28, 1698,
in the house of Cha. Read in Philadelphia, Patrick
Robinson, a Scotchman, the Secretary of Pennsylvania,
laid violent hands on deponent and demanded satisfaction
for his mentioning him in his report to the Committee
appointed to consider the State of Trade, March 1697.
The reason was that about March last one John Moore-
head, a Scotchman, had his vessel and loading seized
in Philadelphia, and deponent was very pressing on
Mr. Markham to have Blackleache's Plantation Bond of
.1,000 forfeited to His Majesty to be prosecuted. Next
day Col. Markham refused to appoint an Attorney
General to prosecute forfeited Plantation Bonds and
demanded to have the bonds delivered to him. On
July 80 he placed a constable at deponent's door and
imprisoned him for questioning whether he was allowed
and approved by H.M. Order in Council to be the
Governor of that Province, and demanded the delivery
of Stephen Blackleache's bond. Deponent, anxious to
catch the Fowey at New York, sent it. New York,
Aug. 9, 1698. Copy. 2 pp.
450. iv. Gov. Nicholson to Commissioners of Customs. I hope
you will get a small frigate sent in place of the Swift.
[ send you a copy of an Act lately passed in
Pennsylvania which I think comparatively is prejudicial
to the trade of England. If some course be not taken
concerning that law, the Customs will suffer very much,
for illegal traders will go thither, where, if caught, they
are to be tried by judges and juries under no oaths. It
is intended to frustrate the Court of Admiralty there.
I have appointed Mr. Moore, of Philadelphia, H.M.
Advocate both for Pennsylvania and West Jersey. If
these proceedings in Pennsylvania be not taken notice of
in England, it may cause great discontent in H.M.
neighbouring provinces, when they see Pennsylvania
enjoy such freedoms in point of trade and suffer no
courts but what they please, and they that are under
H.M. Government are in a far worse condition.
Annapolis, Sept. 12, 1698. Copy. 2 pp.
450. v. Robert Quarry to the Commissioners of Customs.
Duplicate of letter to Council of Trade and Plantations.
See Cal. 1698, No. 633. Philadelphia, July 4, 1698.
Copy. 3 pp.
AMERICA AND WEST INDIES. 249
1699.
450. vi. Robert Quarry to the Commissioners of Customs.
Duplicate of letter to Council of Trade and Plantations.
See Cal 1698, No. 772. Philadelphia, Aug. 25, 1698.
Copy. 8 pp.
450. vii. Robert Quarry to the Commissioners of Customs.
Duplicate of letter to Council of Trade and Plantations.
See Cal. 1698. No. 796. Philadelphia, Sep. 6, 1698.
Copy. 3 pp.
450. vin. Copy of the Act for Preventing Frauds and Regulating
Abuses in Trade with Pennsylvania and counties
annexed. 8J pp. [Board of Trade. Proprieties, 8.
Nos. 26, 26 1. -viii. ; and (without enclosures), 26.
pp. 8, 9.]
May 25. 451. Minutes of Council of New York. Committee appointed to
review the account of the Clerk of Assembly. Letters of guardian-
ship issued to William Lawrence and John Barbaree to take care of
the person and estate of John Lawrence, non compos mentis.
An appeal in the case of Wandall v. Alsop not allowed on
the ground that it was tried before a superior Court, viz., H.E. and
Council during the Sessions of the last Assembly. [Board of
Trade. New York, 72. pp. 245, 246.]
May 25. 452. Journal of Council of Trade and Plantations. Letter
Whitehall. fc ^j r> Secretary Vernon about Mr. Chaplin's petition and
representation upon the Beckford case signed and sent.
May 26. Letter from Col. Codrington read.
Mr. Gilbert Heathcote stated that his correspondents at Jamaica
had lately writ him that the Spaniards still carry up any ships of
ours that they meet with at sea. Ordered to send a copy of any
fresh advices he has upon that subject.
Letter to the Admiralty about conveying clothing and recruits to
Newfoundland ordered. [Board of Trade. Journal, 12. pp. 56-
58 ; and 96. Nos. 86, 87.]
May 25. 453. Journal of House of Burgesses of Virginia. Specifica-
tion of the building of the State House decided upon, and Committee
of Propositions ordered to bring in a bill accordingly. (See abstract
of Journal of Assembly, May 25.) Bill concerning titles to
lands recommitted. Bill for encouraging Adventurers with the
Western Indians dashed, but the consideration of such a law
referred to the Committee for revising laws. Bills for taxing
liquors and appointing a Treasurer read a second time and ordered
to be engrossed. Petition of Thomas Milner against the undue
election of Thomas Godwen (Goodwin) referred to Committee of
Privileges.
May 26. Proceedings of the Governor in Council considered. Reply
resolved. (See abstract of Journal of General Assembly May 26 and
June 2.) Address of thanks to the Governor for his speech etc.
ordered. Capt. Thomas Jorden, Sherif of Nansemond County,
ordered into custody to answer the complaint of undue election of
Mr. Godwin. Mr. Cock granted leave of absence till Monday.
Theoderic Bland and Edwin Thacher appointed to lay out the land
250 COLONIAL PAPERS.
1699.
for the State House. Method of amending Bills amendments to
be made in a distinct paper and not in the Bills themselves till
agreed upon adopted. Amended Bills, appointing Committee for
revising laws and confirming titles to Crown Lands, read the second
time and ordered to be engrossed. State House Bill read the first
time. [Board of Trade. Virginia, 52. pp. 432-441.]
May 26. 454. Memorandum of Papers relating to the Scotch Settle-
ment on the Isthmus of Darien. [Board of Trade. Plantations
General, 35. p. 43.]
May 26. 455. Memorandum of Eeport upon the Scotch Settlement at
Darien delivered to Mr. Secretary Vernon, May 27, 1699. [Board
of Trade. Plantations General, 5. No. 14.]
May 26. 456. Report of the Council of Trade and Plantations upon
the Scotch Settlement upon the Isthmus of Darien. The charter
granted to the Scotch Company contains these three restrictions :
either not to plant upon places inhabited or, if inhabited, not with-
out consent of the inhabitants; nor upon places possessed by any
European Prince or State. The memorial says that the Scotch
Fleet in November, 1698, arrived on the N. side of Darien and
pitched on a place never before possessed ly the Spaniards. The
whole weight of the controversy turns upon this. If it was
possessed, the descent made by the Scotch is not only a manifest
contravention of the conditions of the Patent but also an open
violation of the Treaty betwixt England and Spain 1670, Art.
VII. and VIII. It is not sufficient to alledge that the inhabitants
invited them, for the Indians of those parts are a wild sort of people,
sub-divided into small clans, and can do nothing to the prejudice of
the supreme sovereign of the whole country, which the Spaniard hath
from the first discovery claimed to be. The memorial challenges the
Spaniard to prove his possession. Such a proposal will be entertained
by the Spaniard with great disdain and give, we fear, too just an
offence, that what they call an indisputable and uncontravened right,
grounded upon near 200 years' prescription, and in the enjoyment
whereof they were never disturbed by any European Prince or
State, none of them having so much as attempted to make any
colonies or settlements of their subjects in those parts, they should
now of a sudden, after an open invasion, as they will call it, be
required to prove their title and possession. Besides, what
tribunal can be erected? No doubt tne Spaniards are the best
able to prove the validity of their title, if they would suffer it to be
called into controversy. But by the printed books of good authority
it appears that they planted themselves in the Province of Darien
in 1510, very near, if not in the self-same place, where the Scotch
now are, and that one Enciso, a Spaniard, first discovered the
River called Darien, and built a town upon it, which he called
St* Maria Antigua, which was afterwards honoured with the title of
a Bishopric. After Vasquez Nunez Balboa had discovered the
South Sea, Petreio Davila, then Governor of the Province of
Darien under the King of Spain, removed the inhabitants from
St a Maria, 1519, to Panama, alleging the unhealthiness of the air.
And it appears the Province of Darien has been so divided by the
AMEEICA AND WEST INDIES. 251
1699.
Government of Spain that all on the one side of the river was allotted
to the Audiencia or Presidentship of Panama, and the other side to
that of Carthagena. And though the Spaniards have built several
towns in the Province and afterwards demolished them and removed
to other places, yet this changing of habitations amongst private per-
sons was no dereliction of the territorial property of the Province, but
that still remained entire in the Crown of Spain. And though perhaps
there is not one village in Darien at present inhabited by Spaniards
yet they never counted themselves to have quitted the possession
of it, but only are retired to other habitations more convenient for
health or trade, to Panama, Portobello and Carthagena, which
places, as the Scotch Memorial acknowledges, are the extremities
which in a manner environ the Isthmus of Darien. No subjects
of any European Prince have ever attempted to plant any settle-
ment there, not out of ignorance of those parts, but solely because
such a thing could not be compassed without an open rupture with
Spain, who secure their possession of Darien by their Armadilla or
Barlovento Fleet, which arrives yearly upon that coast.
The treasures of Peru are carried over the South Sea to Panama,
and thence overland by the Province of Darien to Portobello, so
that the Spaniards will unavoidably be ever jealous of any
neighbourhood which may in time extend itself to interrupt the
communication betwixt the South and the Northern Seas. And
this country is situated betwixt the two Empires of Peru and
Mexico, and the Spaniards will never suffer any Europeans to
plant themselves upon the main land betwixt those two Empires.
They would never permit us so much as to cut logwood in the Bay
of Campeche, upon the coast of Jucatan, lying upon the same tract
of land, near which, at a place called Port Royal, there was lately
a small colony of about 300 English, disavowed by the Government
of England, which the Spaniards seized, destroying many of them
upon the place and carrying others to Mexico, where they kept them
working in chains upon the fortifications. This they did lest we
should habituate ourselves in those parts and plant there. Such is
the claim of the Spaniards to this country that the planting upon
Darien is what will touch them in the most sensible and vital part,
and that if this design of the Scotch be carried on it will inevitably
in the end involve his Majesty in such misunderstandings with
Spain as may prove fatal to the peace and good accord betwixt the
two Crowns. Endorsed, May 26, 1699. 4 pp. Enclosed,
456. i. Extracts from Johannes de Laet's description of
America, referring to Darien and Panama. Translated,
5$ PP- [Board of Trade. Plantations General, 5.
Nos. 15 and 15 i.]
. V h 2 S' 457. William Popple to John Burchett. The Council of Trade
ltt ' and Plantations desire you to move the Lords of the Admiralty to
order the Captain of the Deal Castle to receive on board the
clothing and recruits for the Company at Newfoundland, which will
be ready at Portsmouth about ten days hence. [Board of Trade.
Newfoundland, 25. p. 812.]
252 COLONIAL PAPERS.
1699.
May 26. 458. Col. Codrington to "William Popple. Upon sight of my
instructions I have drawn up the following considerations in
concurrence with a gentleman who best knows the constitution and
all the circumstances of the Leeward Islands. The instruction I
am most inclined I shall be least able to observe. I have always
thought it very barbarous that so little care should be taken of the
bodies and so much of the souls of our poor slaves. Their condition
has cost me many a mortifying reflection, and yet I know not how
I shall be able to mend it in any one respect but feeding my own
slaves well. I shall be certainly opposed by all the Planters in
general if I should go about to secure their limbs and lives by a law,
though I will certainly recommend something of the kind, but much
more if I should promote the baptizing of all our slaves. And in this
the Planters have much to say for themselves, for 'tis certain the
christening of our negroes without the instructing of them would be
useless to themselves and pernicious to their masters, and 'tis
evident the few and the very ill-qualified clergymen who go to the
islands are not only insufficient for such a work, but can do no
service to the white heathens they find there by their teaching or
example. Indeed, a work of this nature is only fit for a regular
clergy who are under vows of poverty and obedience. The secular
clergy who will be sure of their hire before they set about their task
do not think the hope of a reward in another world sufficient
encouragement to turn missionaries. I would humbly propose this
might be recommended to the consideration of the Archbishop and
Bishop of London. If they can find such a number of apostolical
men who are willing to take much pains for little reward, my
protection and countenance shall not be wanting. I am very sincere
in this matter and will have nothing to answer for; as an
inconsiderate zeal shall not put me upon an attempt that will not
answer its end, so no consideration of interest shall hinder me from
promoting boldly and impartially a design that may be pleasing to
God and truly beneficial to my fellow-creatures. Signed, Chris.
Codrington. Endorsed, Reed. May 23. Read May 26, 1699.
4 pp. Enclosed,
458. i. Remarks on the Instructions intended for Col.
Codrington. (1) It has been the custom in passing
Acts, immediately before the enacting words to pray
His Majesty that it may be enacted. This form is
omitted in the Instructions. Is the form of praying His
Majesty to be omitted? (2) In the Leeward Islands
laws are made by the Chief Governor and General
Council and Assembly ; these bind all the islands, or by
the Chief Governor, and in his absence by the L.G., of
the respective islands and the particular Councils and
Assemblies ; these are in force only in the islands where
they are made. These various forms of law require a
a variety in the enacting style not noted in the
Instructions. (3) Is the Chief Governor to transmit
home all laws passed in the several islands, whether he
approves of them or not, and are laws passed by the
particular Lieutenant-Governors, Councils and Assem-
blies to be in force until the public seal be first affixed
AMERICA AND WEST INDIES. 258
1699
to them by the Chief Governor? (4) Is not the
instruction, which takes away the discretionary power
of making trial of new laws by enacting of them only
for a time, prejudicial ? (5) How is the Governor to
pay for the copies of the accounts he is required to send
home, and is he to delay the execution of his
instructions, such as to build storehouses, keep a census,
etc., till he can persuade the inhabitants to be at the
necessary expense ? (7) The scarcity of fit persons to
serve as Judges and of the Council makes this
instruction very inconvenient. (9) (ii) It would be well
to define the powers of the L.G. in absence of the
Governor. (10) Is it intended that the Lt.-General,
unless he is also Lieut.-Governor of some one of the
islands should succeed in the Government in case of the
death or absence of the Governor, and is it not more
expedient that in such case the Government devolve on
the Island of Antigua and not on the Island of Nevis,
which was formerly the most considerable of the
Leeward Islands and the usual residence of the Chief
Governor ; but at this day Antigua is more consider-
able than the other three islands, and as it has for some
time been so, 'tis absolutely the most proper residence
for the Chief Governor, being the most windward of the
Leeward Islands. (12) Should not the instruction to
former Governors, to commute the duty of 4J per cent.,
if it might be done to the greater satisfaction of the
inhabitants and without damage to the King, be
continued ? Note by Codrington : For my own
particular I am glad it is omitted. The collecting of
the duty might be made more easy. 3 closely -written
pp. Stuck on back,
458. n. Notes on above observations. (1) The words "to pray
his Majesty " not to be omitted. (2) No alteration
intended from what has been the former practice.
(8) The Laws of the several islands must be sent
whether the Captain-General approve of them or not.
The seal which he is to affix is not to make the laws
valid, but only to authenticate the copy of them.
(5) He must take care to get the thing done, as all other
Governors do. [Board of Trade. Leeward Islands, 6.
Nos. 23, 23 1., 23 n. ; and 45. p. 364.]
May 26. 459. Deputy Governor and Council of Antigua to Council of
Antego. Trade and Plantations. With reference to Mr. Lucas' memorial,
we bear great respect to the memory of our late General Codrington,
and are extremely pleased that His Majesty designs his son to succeed
him. Signed, John Yeamans, Row. Williams, John Tankerd, John
Frye, John Hamilton, Hen. Pearne. Endorsed, Reed, from Mr.
Cary, July 18, 1699. [Board of Trade. Leeward Islands, 6. No.
24; and 45. pp. 887, 888.]
May 26. 460. Minutes of Council and Assembly of Antigua. The
St. John'u. Council suggested that the supernumerary men who formerly
254 COLONIAL PAPERS.
1699.
belonged to Col. Holt's regiment should do guard duty and be given
free quarters. The Assembly replied that they did not think this
necessary : with their pay and the fruit of their labours they were
earning a comfortable subsistance already. The Assembly proposed,
in order to increase the currency and keep it in the island, that all
Dogg and Lyon dollars and Souse marks, which were not mentioned
in a former Act for establishing the rates of what money should be
accepted, should now be taken by the Treasurer. The Council
concurred, fixing the value of the dollar at 4s. Qd. and the English
crown at Is. 6d. The Council and Assembly appointed a joint
Committee to consider the building of a platform at Parham. 20
hogsheads of sugar were ordered to be shipped to pay arrears due
to the agent of the island. The petition of Mr. Langford relating
to the sale of his ward's land was granted. The petition of John
Kerr and Martin Lavicount, executors to George Baker, was con-
sidered, and they were appointed to manage the estate in the
interest of the children, good security being given to Mr. Howell,
who had married the widow Baker, that what part of it belonged to
her should be paid. Fifty acres of waste land to the windward of
Belfast granted to Henry Norton. [Board of Trade. Leeward
Islands, 64. pp. 304-309.]
May 26. 461. Minutes of Council of Barbados. Leave granted to Miles
James, Guardian of Francis Tully Emperor, a lunatic, to send him
over to Bedlam. The Assembly attended with an Explanatory
Bill for the Provision of Servants, and asked for the issue of two
writs for the election of members of Assembly in place of Thomas
English and Major Gallop, deceased. Members of Council and
Assembly took the oaths of Assessors appointed by the late Act.
[Board of Trade. Barbados, 65. p. 898.]
May 26. 462. Minutes of Council of Massachusetts Bay. H.E. the
Boston. E ar i O f Bellomont, Captain-General and Governor-in-Chief of the
Province of Massachusetts Bay, arrived, took the oaths appointed
and published a Proclamation continuing all officers in their posts.
[Board of Trade. New England, 49. p. 208.]
May 27. 463. Minutes of Council and Assembly of Nevis. Order that,
whereas H.M.S. Queenbrough, having returned from cruising after
Capt. Kidd, had lost above 23 men by a contagious sickness, and
put 20 odd men sick ashore, no seamen out of the ships in the
Eoad were to be impressed by her officers. Notice given to the
ships to this effect. Capt. Eupert Billingsly, sick, granted ten
days' leave on shore. Small-pox being very violent in the French
part of St. Christopher's, a proclamation was issued forbidding any
person to come ashore thence without licence from the President and
Council. [Board of Trade. Leeward Islands, 64. pp. 497-499.]
May 27. 464. Lords Proprietors to Nicholas Webb, Governor, of the
Bahama Islands. We have received your letters of Oct. 14 and
Dec. 7th, 1698. In the former you give an account of expeditions
fitted out by you in search of Kelly, etc., by which you were out of
pocket at least 80. In the latter you give an account that one
Edwards claimed a brigantine taken and shared by you and the
AMERICA AND WEST INDIES.
255
1699.
May 27.
London.
May 27.
Newport,
Rhode Island.
captors, of which you made no mention. Comparing the reports
we have by way of New England and Jamaica with your relation
we cannot be without some jealousy of that proceeding, but wait for
your justification of yourself. You send us an account we cannot
allow of, the disbursements being contrary to your instructions.
We have constituted Richard Tulliafero to be our judge in all
cases civil and criminal which may happen within the Bahama
Islands. We have sent him the same commission as we have
granted to our Judge in Carolina, and several of us have sent
deputations under our hands and seals for our deputies, both
which we intend to be a standing rule in the time of succeeding
Governors, the Governor only to have power to nominate deputies
in case of death or departure from the islands, until we have other-
wise ordered. If the inhabitants of Providence are of opinion that
what you have laid out upon the fort be so very advantageous to
them as the Address seems to intimate, it being laid out without
any order of ours, they ought to take care to have you reimbursed
by an Act of Assembly. We wonder you should take upon you to
advise us now that the Address sent us home by you from the
Assembly about Dudgeon's Grant need not be taken notice of, when
we ought to blame both you for suffering and them for sending such
one, wherein our right of disposing what is ours is invaded.
Signed, Bathe Palatine, Bathe for Lord Carteret, Wm. Thornburgh
for Sir John Colleton. [Board of Trade. North Carolina, 4.
p. 68.]
465. Lords Proprietors to the Governor and Council of the
Bahama Islands. We cannot approve of the Governor by order
of Council fitting out 5 sail of men-of-war, having no such
direction from us. The Governor has sent us an accompt, which is
pretended to be audited and approved of by some of you, which we
know of no authority you had to do, and which you own is passed
in a great measure without vouchers, and that chiefly about
expenses for the fort, for which he had no order from us and ought
to have received no encouragement from you. What causes in
equity are heard by the Governor are to be in open Council ; the
complaint, answer, evidence and decree to be entered upon record.
Signed as preceding. Annexed,
465. i. Commission to Richard Tulliafero to be Chief Justice of
the Bahama Islands. May 23, 1699.
465. n. Appointments of Richard Peterson to be a deputy for
John, Earl of Bath, Palatine, as one of the Council of
the Bahamas ; of Martin Cock, to be deputy for Lord
Carteret ; of Richard Tulliafero to be deputy for Lord
Craven ; and for Major Perient Trott to be deputy for
Sir John Colleton ; and of Thomas Gower to be deputy
for Maurice Ashley, Esq. [Board of Trade. North
Carolina, 4. pp. 69-71.]
466. Governor Cranston to the Council of Trade and
Plantations. Your letter of Oct. 25 came to our hands April 5.
We shall not justify ourselves for the long interval between your
letter of Feb. 9 and our answer, but shall in the future endeavour
to be more diligent. But we have no shipping that sails directly
256 COLONIAL PAPERS.
1699.
from this colony, and are often disappointed for want of timely
notice. We do not vindicate ourselves for having erred through
ignorance in treatment of pirates, but only as to our innocence.
We humbly beg pardon, and will follow the instructions you have
now sent us. We send, as desired, copies of all private com-
missions granted from this government. They are only defensive,
and were granted by the deputy-governor, contrary to the mind of
the then governor, and he, not knowing the due form, took out no
bonds, concluding, as he hath solemnly declared, that they were
bound upon a merchandizing voyage. We also send as required
copies of the trial of Georg Cutler and Eobert Munday, etc., and
of the laws and acts of this government. We have received letters
bearing date Feb. 3, with instructions relating to the Acts of
Trade, with which we shall comply, and Jan. 24 concerning the
Scotch expedition, with regard to which we send a copy of our
proclamation.
The beginning of April a ship was sunk on our coast by the
crew, as they have confessed. Repeats Bradish affair. We have
1,200 in our hands. We are a plain and mean sort of people, but
very loyal, though we have many enemies, one Esqr. Randolph, for
instance. We beg you will not entertain any report against us till
we can answer for ourselves. We have appointed Jaleel Brenton to
answer for us. Signed, Saml. Cranston, govr. Endorsed, Reed.
from Mr. Brenton, July 31. Read. Aug. 7, 1699. 3J pp.
Annexed,
466. i. Abstract of preceding letter. 1 p.
466. ii. Petition of William Mayes, Master of the Pearl, for a
defensive commission against H.M. -enemies. Newport,
Dec. 3, 1694. Signed, Wm. Mayes. Attested, John
Greene, Dep.-Governor. 1 p.
466. ni. Copies of clearance of the Portsmouth Adventure,
Richd. Sheuers, master, Dec. 16, 1694, and of the
Pearl, Wm. Mayes, Dec. 17, 1694. 1 p.
466. iv. Copy of a Commission of War granted to Wm. Mayes,
Dec. 10, 1694. Signed, John Greene. 1 p. Endorsed,
Reed. July 31. Read Aug. 7, 1699.
466. v. Copy of a Commission of War granted to John Banks,
Dec. 10, 1694. Signed and endorsed as preceding. 1 p.
466. vi., vii. and vm. Copies of the proceedings at the trials of
Richard Cornish, Georg Cutler and Robert Munday for
piracy. Newport, March 28, 1699. Signed, Sam.
Cranston. Endorsed, Reed. July 31, 1699. 12J pp.
466. ix. Copy of Examination of Robert Mason, one of the men
that ran away with Capt. Gullock's ship. Newport,
April 20, 1699. Endorsed as preceding, l^pp.
466. x. Copy of a Proclamation by the Government of Rhode
Island prohibiting correspondence with the Scotch at
Darien. Newport, May 26, 1699. Same endorsement.
466. xi. Abstract of the Laws of Rhode Island, May 5, 1665-
May 4, 1698. 87 pp. [Board of Trade. Proprieties, 3.
Nos. 32, 32 1. -xi. ; and (without enclosures) 26. pp. 57-
65.]
AMERICA AND WEST INDIES. 257
1699.
May 29. 467. Governor the Earl of Bellomont to the Council of
Boston. Trade and Plantations. I arrived here the 26th inst., having left
N. York on the 16th, and prorogued the Assembly the morning I
came from thence. I had writ several letters, but having not had
time to finish that which treats of the affairs of the Assembly,
because of proroguing them, I have since had a fit of the gout
by taking cold at sea, so that I cannot well finish my packets and
make 'em up timely enough to send by this ship, but will send them
next week. The Assembly of New York have settled the revenue
for six years after the year which is still unexpired of the former
term. They have also passed some good Acts besides, all which I
intend shall be transmitted to your lordships very speedily. One
of the Acts, for vacating the two extravagant grants from Col.
Fletcher to Mr. Dellius, that to Col. Bayard which took in also part
of the Mohacks' land and of which they complained to me, that to
Capt. Evans, that of the Governor's demesne to the Church and
that to Mr. Cabel Heathcote, has raised against me the most
implacable rage of the grantees, and the other people who have
grants full as extravagant and ruinous as these to the interest of
the Provinces are alarmed and become as much my enemies as
those the Act dismounts of their grants. But having the order of
the Lords Justices, I value not the resentment of a few undeserving
men, being sure 'tis not for the interest of the Crown or the
Provinces that three-quarter parts of the lands should be in the
hands of ten or eleven men. Therefore am I for abolishing the
rest of the Palatinates (for such vast tracts deserve no less a name)
the next Session, if I have strength. But, indeed, I can promise
nothing without a good lawyer to be Chief Judge and to sit in
Council, and a good active lawyer to be Attorney-General. I have
stood single on my own legs in all these difficulties, and 'tis
impossible for me always to bear all the burthen of business. The
Bill for vacating grants begun with us at the Council Board, and
we sent it down to the Lower House, and there they added a clause
for depriving Mr. Dellius of his benefice at Albany, so that we were
obliged to pass that clause as part of the Bill or we must have lost
the Bill, and I thought it better to loose a wicked clergyman than
a good Bill.
One of the letters I have prepared for your Lordships treats
wholly of Naval Stores, wherein I demonstrate plainly that the
province of New York is the only fit place for the King and Nation
of England's being supplied with pitch, tar and rozin, and I believe
masts too (repeats part of letter of April 17 and (May 15) his
comment on the caution given 1dm not to pass an Act for reimbursing
Leisler's party). Holograph. 4 pp- Signed, Bellomont. Endorsed,
Reed. July 15. Read Aug. 10, 1699. Prefixed, Abstract of above.
sheet. Enclosed,
467. i. Printed Copy of Lord Bellomont's Proclamation,
May 15, 1699, about the Scotch at Darien. Endorsed,
Reed. July 15, 1699.
467. ii. Printed Copy of Lord Bellomont's Speech to the
Assembly, March 21, 1699. 3 pp. Endorsed as
preceding. [Board of Trades New York, SA. Nos. 82,
82 1., 82 n. ; and (without enclosures) 53. pp. 810-315;
and 45. pp. 35, 86.]
12208 B
258 COLONIAL PAPERS.
1699.
May 29. 468. Petition of Sir Thomas Lawrence, Bart., late Secretary
of Maryland. Edward Cranfeild has enjoyed the office of
Commissioner of Customs in Barbados for several years, and also
the place of Clerk of the Naval Office. He is now in England, and
intends to officiate through his deputy in the island, Mr. Cox. The
petitioner, in consideration of the losses and hardships he has
suffered in His Majesty's serVice under the oppressions of Colonel
Lionel Coply, late Governor of Maryland, begs for the grant of the
above posts for himself during residence. Copy, On back,
Whitehall. 468. i. Referred for consideration and report to the Council of
Trade and Plantations. Signed, James Vernon.
Endorsed, Reed. Read May 31, 1699. 2 pp. [Board
of Trade. Barbados, 8. Nos. 2, 2i.; and 44 A. pp. 280-
282.]
May 29. 469. Petition of Col. Francis Collingwood praying for the
place of Lieut.-General of the Leeward Islands vacant by the death
of Col. Hill. Referred for consideration to the Council of Trade
and Plantations. Signed, Ja. Vernon. Endorsed, Reed. Read
May 30, 1699. [Board of Trade. Leeward Islands, 6. No. 25 ;
and 45. pp. 364, 365.]
May 30. 470. Abstract of Papers relating to the English Title to
Penobscot [see No. 108] . In 1621 King James I. first made a
particular grant of Nova Scotia to the Earl of Sterlin, who sold his
right to M. Claude de la Tour, a Frenchman, to be held under the
Crown of Scotland. About this time, or probably some time before,
some inhabitants of Plymouth seated themselves in the country
about Penobscot, but were several times disturbed by the French,
who either through M. de la Tour's purchase or some sort of
concession obtained from Charles I., had got some footing in Nova
Scotia, and pretended to extend their jurisdiction over Penobscot
also.
In 1654 Cromwell sent a fleet and seized upon all, both Nova
Scotia and Penobscot, as being antiently part of the English
Dominion, and thereupon the French proprietor, son of the fore-
mentioned De La Tour came into England and sold his whole
rights and title to that country to Sir Thomas Temple and Mr.
Wm. Crown. They enjoyed the same till 1667, when it was agreed
by the Treaty of Breda that Nova Scotia should be surrendered to
the French, which was done by Temple in 1670. But he and
Crown having agreed upon some division of the country between
themselves, in which Penobscot fell to Crown's share, when the
surrender came to be made, Temple being then upon the place,
and willing to ingratiate himself with the French, delivered unto
them Penobscot also, with which Charles II. was displeased. Not
long after, a war happening between France and Holland, the
Dutch took from the French the fort that had been built at
Penobscot by Temple or Crown, which they demolished and
quitted. Charles II. then ordered the Governor of New York to
take that country under his jurisdiction, and it was annexed to the
Government of New York by the Duke of York's Patent for the
same. But the French still keeping possession of some parts of it,
Sir Edmund Andros, Governor of New York, invaded them and
AMERICA AND WEST INDIES. 259
1699.
took the habitation of M. Costien, a Frenchman, near the entrance
of Penohscot River. Since his Majesty's accession, Penobscot and
Nova Scotia also have been by the Charter of the Massachusetts
Bay annexed to the Government of that Colony.
Extract of Mr. Crown's Memorial concerning the English title
to Penobscot. Sir Thomas Temple, out of enmity and hatred to
William Crown, went beyond his commission and delivered up
Penobscot to the French, but Charles II. would not consent to it.
Extract from Heylin's Cosmography. Nova Scotia containeth
that part of the countries of Canada or Nova Francia which the
French call Accadie or Cadie, being a peninsula, with so much of
the mainland as lieth between the River Canada and the large Bay
Francoise from the river of St. Croix upon the west to the Isle of
Assumption alias Nantiscotec in the mouth of the River Canda on
the east.
Abstract of a paper drawn up by the Board of Trade and Planta-
tions for the use of the English Commissioners appointed to treat
with the French.
St a . Croix by the antient patents and later grant to the Duke of
York is the north -easternmost bound of Nova Scotia.
Penobscot was the outermost fort of the English to defend the
country as far as St a . Croix, which was demolished 1672, and the
English afterwards defended that country by Pemaquid. Pemaquid
has for 30 years and upwards been in the uninterrupted possession
of the English and often visited by Governor Sir Edmund Andros.
It was taken by the French and Indians in 1696 and demolished,
and the people were forced to retire nearer Boston for their security.
If the French are now in possession of it, they ought to restore it to
us in pursuance of the treaty, as we have rendered St. Christopher's
to them. Endorsed, May 30, 1699. 6 pp. [Board of Trade.
Plantations General, 5. No. 16 ; and 35. pp. 44-47.]
May 30. 471. Journal of Council of Trade and Plantations. Mr.
Whitehall. George Larkin, recommended by Sir Charles Hedges as fit to be
employed in inspecting the trade at Newfoundland, attended as
desired, and expressed his willingness to go.
Col. Collingwood's Petition to be L.G. of the Leeward Islands
read.
Extract of advices from Jamaica to Mr. Heathcote read, and
ordered to be sent to Mr. Secretary Vernon.
May 31. Petition of Sir Thomas Lawrence read and referred to the
Treasury.
Representation upon Col. Collingwood's petition signed and
sent to the Council Board. [Board of Trade. Journal, 12.
pp. 58-60 ; and 96. Nos. 88, 89.]
May 30. 472. Minutes of Council of Virginia. Coroner's inquest on
the body of Sarah, wife of Samuel Bray, of Charles City County,
delivered to Mr. Attorney General to prosecute the offenders
mentioned. <10 given to Mr. Commissary Blair to divide among
ten ministers who preached last General Court and this General
Assembly.
Offenders in the Nansemund affair ordered to be prosecuted.
Complaints of evil and seditious practices used by the people called
260 COLONIAL PAPERS.
1699.
Quakers referred to Mr. Blair to consider how to prevent the like in
future.
May 81. Peter Hack, Deputy Collector, reporting that William Aiding,
master of the Good Speed of New England, had made a legal entry,
but sailed out of Potowmeck River without clearing, prosecution
ordered accordingly. Mr. Attorney General reported his opinion
that entries in the Council Books are not Records. Mr. Deputy
Secretary replied to H.M. instructions concerning his office, and
Mr. Attorney General was ordered to prepare bonds and oaths
proper to be taken by Mr. Secretary and his clerks.
June 1. John King examined concerning the libel published by Samuel
Grey. Petition of James Mason for a horse forfeited to the King
by the death of Thomas Binns, of Surrey County, referred to
Col. Harrison. Barentine Howell's complaint against Daniel
Parke, late escheator of York County, referred to the Attorney
General. [Board of Trade. Virginia, 53. pp. 263-266.]
May 80 473. Journal of General Assembly of Virginia. The two
and 81. Bills as agreed to by the House of Burgesses, May 25, passed.
Bills for lightening the poll tax, taxing imported servants and
slaves and liquors, appointing a treasurer and a committee to revise
the laws, and confirming titles to Town Lands presented and read
a first and second time.
June 1. The Book of Public Claims sent from the House of Burgesses
was read and agreed to, with an amendment. Bill against the
exportation of corn read a third time, with amendments. The
Bill for ascertaining the value of money rejected and the matter
thereof referred to the Committee for revising the laws. The
Burgesses attending, the Governor communicated to them H.M.
instructions about the Collectors and Naval Officers, and recom-
mended them to make a law to ascertain the fees they thought
necessary to be taken by them. He also recommended them to
come to some conclusion about the Nansemund affair.
June 2. Bills for revising the laws, and confirming titles to Town Lands,
passed with amendments. Report of the Committee to settle the
claims to Blackwater and Pamunkey lands agreed to and sent to
the Burgesses. It was decided not to be convenient to send to the
Piscatoway Indians, who were said to be harbouring Indian Tom
in an island in Potomac River, for the islands in Potomac belong
to Maryland, but to issue a proclamation for his apprehension,
and acquaint the Governor of Maryland. The House of Burgesses
signified their acceptance of the amendments to the Book of Claims
and Bills for appointing a committee to revise the laws and confirm
the titles to town lands. H.E. read the Address of the Burgesses
in reply to his speech at the opening of the session. With regard
to the Instructions ; they conceived that their House was not
concerned in transmitting the laws and that a levy by poll was the
best and most equal method of defraying the public charges. They
did not approve of the proposal to empower the Governor and
Council to raise, if necessary, a general levy. They could not
answer about the anticipation of the revenue. They would observe
the proposal to make all laws without limitation of time. The
holding of Courts ought to be at times appointed by law. The
sending over a survey-did not concern their House. His Majesty's
AMEEICA AND WEST INDIES. 261
1699.
favour in permitting a free trade with the Indians was acknowledged
and already complied with by a Bill. The limitation of appeals to
the General Court had been referred to the Committtee for revising
the Laws. Inhumane severities to Christian servants were already
provided against by law. Negroes born in the country were
generally baptized, but for negroes imported, the gross barbarity
and rudeness of their manners, the variety and strangeness of their
languages and the weakness and shallowness of their minds
rendered it in a manner impossible to attain to any progress in their
conversion. And as to the conversion of the Indians they made
no doubt of the care of the Royal College therein, being encouraged
and obliged thereto by the donation of a pious and noble benefactor
(Hon. Robert Boyle). The country was not in a capacity to
raise money and build public workhouses for the employment of the
poor, who were already by law provided for an easier way; nor
could the country afford at present to build a State House. The
proposal to list and arm Christian servants would be very burden-
some, uneasy and ruinous to the inhabitants. For besides the loss
to the owners of their service, the " Christian servants in this
country for the most part consist of the worser sort of people of
Europe, and since the Peace, such numbers of Irish and other
nations have been brought in, of which many have been soldiers in
the late wars, that in our present circumstances we can hardly
govern them, and if they were armed and had the opportunity of
meeting by musters, we have just reason to fear they may rise upon
us ; and if there should be occasion for the defence of the country
(which God forbid), to make use of them, 'tis much to be doubted
that for the sake of their freedom and the difference of the religion
of a great many of them (especially the Irish) and for other
reasons, they would rather be our enemies than contribute to our
assistance." The proposed alteration in the Militia they referred to
the Committee for the revisal of laws. The fortifications being
decayed and ruinous, they proposed that there should be no further
charge about them, and that the powder be distributed in the
several counties. Insurrection might be suppressed by the
Militia, and the proper defence of the country against an enemy by
water would be by naval force, if not too chargeable. For present
purposes the taxes seemed sufficient, but in case of necessity the
Governor and Council might raise one Lieutenant and eleven
Rangers for defence of the Frontier against the Piscatoway Indians,
whose behaviour seemed threatening, or raise men in case of war
with an outside enemy. [Board of Trade. Virginia, 52. pp. 118-
145.]
May 80 474. Journal of House of Burgesses of Virginia. Revisal Bill,
and and Bill for confirming titles passed with amendments. Bills
May 31. appointing Treasurer and taxing liquors and servants passed. Bill
for the building of the Capitol read the second time and committed.
Some libellous verses directed to Mr. Speaker being read, and
Mr. John King, New Kent County, being summoned said they were
the same as some read to him by Mr. Grey, a minister in Middlesex
County. Ordered to be sent to the Governor with a view to a
prosecution. The Book of Claims was agreed to and sent up for
concurrence.
262
COLONIAL PAPfeRS.
1699.
June 1.
June 2.
May 81.
Whitehall.
May 81.
Kensington.
Feb. 21.
Custom
House,
London.
May 31.
Custom
House,
Bridgetown.
Oct. 26.
1698.
Mr. Perrigrin Cony, Chaplain of the House, being sick, returned
thanks by letter for his allowance of JE20. An address to the
Governor for restraining the killing of whales was ordered. The
hearing about Mr. Godwin's election was adjourned.
Address to the Governor prepared. Report of Committee about
Pamunkey lands and bounds of Virginia presented. (And see
preceding abstract under date.) Address in reply to the Governor's
speech approved and presented. Bills prohibiting export of corn,
appointing a Committee for revising the Laws, confirming Titles,
and the Book of Public Claims, sent down by the Council with
amendments, were agreed to. Mr. Allerton and Mr. Lloyd were
granted leave to go home. On examination of the matter of the
election for Nansemond County, the Sheriff was ordered to amend
his return by rasing out the name of Thomas Godwin and inserting
that of Thomas Milner. Committee for proportioning the public
levy appointed. Address to the Governor for the restraining the
killing of whales sent to the Council for concurrence. [Board of
Trade. Virginia, 52. pp. 441-457.]
475. William Popple to William Lownds. The petition of
Sir Thomas Lawrence for the places of Commissioner of the
Customs and Naval Officer in Barbados is referred to the Lords
Commissioners of the Treasury, on whom those offices depend.
[Board of Trade. Barbados, 44A. pp. 281, 282.]
476. Order of the King in Council, referring the report from
the Commissioners of Customs to the Commissioners of the
Treasury, upon the complaint of Mr. Sharp, Commissioner and
Collector of Customs at Bridgetown in Barbados, to the Council
of Trade and Plantations, to examine and report upon. Signed,
John Povey. 1 p. Endorsed, Reed. June 7, Read June 20, 1699.
Enclosed,
476. i. Commissioners of Customs in reply to enquiry from
the Council of Trade and Plantations through Mr.
Lowndes' letter Dec. 20, 1698, containing a complaint
from Mr. Sharp of the breach of the Acts of Trade and
Navigation in Barbados, report that Mr. Sharp having
been diligent in making seizures for transgression of the
Acts of Trade and Navigation and particularly of the
sloop Dolphin, had made himself many enemies who
threatened him with their interest, but that the
Governor, Colonel Gray, gave him countenance and
protection in the due discharge of his trust, so that the
design of this letter from the said Mr. Sharp seems
chiefly intended to preserve himself in your Lordships'
good opinion against any complaint which should be
made here of his proceedings. Signed, C. Godolphin,
Walter Yonge, Samuel Clarke, Benjamin Over ton.
1 p. Endorsed, Read May 29th.
476. ii. William Sharp to the Lords of the Treasury. I am
forced to make a complaint relating to the Acts of Trade
and Navigation. Several of the merchants, traders and
planters of this place (I suppose by virtue of the late
unhappy indulgence of which I did often complain
AMERICA AND WEST INDIES, 263
home) do not scruple the public importing of foreign
European goods and manufacture and also the enumer-
ated plantation commodities, without any manner of
cocketts, certificates, or custom-house clearings for the
same as the laws in such cases appoint. And publicly
have registered a Frenchman to be part owner of a
vessel here, and several other most notorious breaches
of the said Acts they make. They have the confidence
to say they will make it not worth any man's while to
serve the King here, and that if any of the Custom
House officers shall for the future presume to put in
execution the unreasonableness, as they call it, of the
Acts of Trade and Navigation, it shall cost them a
thousand pounds sterling but that they will either get
them turned out at home or ruin them here.
Notwithstanding, I adventured to give positive
orders and seized all those vessels which had made
the unlawful importations as aforesaid. I sent for
the Frenchman, Mr. Peter Flusian, in whose
name as a part owner, the sloop Dolphin was registered
and demanded of him how he became qualified to be
such an owner. He showed me a paper which at first
view I thought did not at all come up to the matter. I
accordingly sent an officer on board and laid his vessel
under a sort of suspended seizure, till I had advised with
His Excellency in Council and the Attorney and Solicitor
General. They approved of my action. I then made
a formal seizure of the sloop with all such enumerated
commodities on board as were not in accordance with the
regulations. All this while, which was but a very
few days, they made the greatest noise imaginable,
saying that no vessel or goods ought to be stopped
or detained on any account whatever by any commission
of the Customs. After this Captain Charles Thomas, the
Receiver of His Majesty's casual revenue of this island
came to me and told me he had about five hundred-
weight of cocoa-nuts on board the sloop, and prayed for
a permit to bring them on shore. I answered that
it being all seized in His Majesty's name, I would by no
means adventure to let any part be moved till after
a libel filed and a lawful trial had.
He went away much concerned, and geting all the
owners with him forthwith sent me five several actions,
one in his own name and the others in the names of
the other owners, amounting in all to claims for nearly
ten thousand pounds against me and my officers. And
by way of experiment, to see, I suppose, how the
Government would bear it, they arrested, and actually
ran into the common gaol, one of his Majesty's Custom-
house officers in this port, for having seized a water-
man's boat and some goods she was running without
any manner of cocket, permit or duties paid for the
same, and did design, it seems, all the rest of them
264 COLONIAL PAPERS.
1699.
thither in a day or two's time, intimating that that was
the only safe and fit place to keep them from doing
mischief. Upon this several of the Custom-house
officers, in the greatest dread and concern imaginable,
brought me their commissions, saying it was hard
indeed a man must either be forsworn, betray his trust
or be thrown into a gaol and ruined by these
most dangerous sort of people. But I extremely
checked this dangerous fear, and commanded each of
them, at their peril faithfully to pursue the laws in
force here and their instructions, assuring them of my
estate and person for their securities in all such cases.
I acquainted his Excellency the Governor immediately
with these and some other grievances of the kind, which
I shall now forbear troubling your Lordships withal, as
on all other occasions of his Majesty's service, both at
home and abroad, so particularly on this has his
Excellency signalized himself, giving new life and
circulation to all his Majesty's otherwise stagnating
revenues of this island. His Excellency publicly
declared that he would strictly maintain the Acts of
Navigation and Trade in force, and would not suffer the
Custom House officers to be trampled on. Sending for
the Provost Marshal, he checked him severely, and.
ordered the officer to be released immediately. This
report is intended to show your Lordships and my very
good Lord Ranaleigh, Lord Bishop of London, Col.
Kendal, my father-in-law, Sir Thomas Mompesson, and
others who obtained me my place, that I am doing my
duty. Our Bridgetown is raw, and for some months
past has been as sickly as ever. His Excellency's kins-
man, Mr. Grey, the captain of our man-of-war, with
abundance more, are gone to their long homes.
Signed, William Sharpe. 4 large closely -ivritten pp.
{Board of Trade. Barbados, 8. Nos. 6, 6 1., 6 n. ; and
44A. pp. 287-296.].
May 81. 477. Richard Lloyd to Council of Trade and Plantations.
My affairs require my going to Ireland in a short time and there-
fore I humbly pray the favour that a day may be appointed for me
to produce Sir Wm. Beeston's orders, and letters and original
papers of which I have inserted copies in my Journal (May 23),
and also that I may bring witnesses to matters of fact therein
mentioned and that Mr. Heathcote may be present to make his
objections on the Governor's behalf. Signed, Richard Lloyd.
2 pp. [Board of Trade. Jamaica, 8. #0. 118.]
May 81. 478. Minute of Council of New York. Demurrer of John
Bulkeley and William Bickley read. Petition of William Creed
read. Mr. Livingston's accounts audited and ordered to be paid.
[Board of Trade. New York, 72. pp. 246, 247.]
AMERICA AND WEST INDIES.
265
1699.
May 81. 479. Minutes of General Assembly of Massachusetts Bay.
The Representatives were sworn : For Boston, John Eyre,
Theophilus Frarey, Capt. And. Belcher, John White ; Salem,
Benj. Browne, Josiah Woolcott ; Ipsicicli, Maj. Fran. Wainwright,
Sam. Appleton; Roxbury, Samuel Ruggles; Dorchester, Capt.
Samuel Clap ; Milton, Capt. Thomas Yoss ; Brant rey, John Baxter ;
Weymouth, John Rogers; Hingham, William Hearsey ; Dedltam,
Daniel Fisher ; Medfield, Benjamin Clarke ; Cliarlestown, Sam.
Phips, Jacob Green, jun. ; Cambridge, John Leverett ; Newton,
Capt. Isaac Williams; Watertown, Capt. Benj. Garfield; Sudbury,
Peter King ; Marlboro', Saml. Brigham ; Groton, Capt. Jonas
Prescott ; Concord, Jonathan Prescott : Chelmtfbrd, Nath. Hill ;
Bilrica, Joseph Thomson; Wooboume, Major James Converse;
Reading, Hananiah Parker ; Medford, Peter Tufts ; Mauldcn, Isaac
Hill ; Sherborne, Capt. Joseph Morse ; Kitten/, Joshua Downing ;
Wells, John Wheelwright ; Plymouth, Nathaniel Thomas ; Situate,
Samuel Clap ; Marshftehl, Isaac Little ; Bridgirater, Josiah Edson ;
Xeicbiiry, Major Thomas Noyes ; Lynn, Captain John Burrill ;
Marblehcad, Capt. Win. Dodge ; Beverly, Saml. Balch ; Wenhain,
John Newman ; Rowley, Capt. Daniel Wicom ; Andover, Col.
Dudley Bradstreet ; Haverhill, Richard Saltonstal ; Bradford, Capt.
David Hazeltine ; Topsfield, Tobijah Perkins ; Boxford, John
Peabody ; Gloucester, Capt. James Davis ; Salisbury, Nath. Browne ;
Aimsbury, Capt. Thomas Harvey; Springfield, John Hitchcock;
Northampton, Joseph Hawley ; Hadley, Thomas Hovey ; Hatfield,
Sam. Partrigg; Westfteld, Sam. Root; Barnstable, John Otis;
Sandu-ich, Capt. Will. Bassett ; Yarmouth, Thomas Sturgis;
EastJtam, Capt. Jonathan Sparrow ; Bristol, Ebenezer Brenton ;
Swanzey, Joseph Kent ; Taunton, Capt. Thomas Leonard ; Relwboth,
John Hunt ; Little Compton, John Woodman. They chose Major
James Converse for their Speaker. [Board of Trade. New England,
48. pp. 283, 284.]
May 81. 480. Council of Trade and Plantations to the King, recom-
Whitehall. mending Col. Collingwood's petition. (See No. 469.) Signed, J.
Bridgewater, Tankerville, Wm. Blathwayt, Abr. Hill. [Board of
Trade. Leeward Islands, 45. p. 366.]
May 81. 481. Order of King in Council. Commission for Col. Francis
Kensington. Collingwood to be Lieutenant-General of his Majesty's Leeward
Charibbe Islands in America to be prepared. Copy. Endorsed.
Reed. June 10. Read June 20, 1699. [Board of Trade. Leeward
Islands, 6. No. 26 ; and 45. ;>;>. 368, 369.]
May 81. 482. Order of King in Council. Petition of Proprietors of
Kensington. West New Jersey, praying his Majesty to allow and approve of their
choice of Andrew Hamilton to be Governor, referred to Council of
Trade. Signed, Edward Southwell. Endorsed, Reed. June 2.
Read June 20, 1699. Enclosed,
482. i. Copy of Petition mentioned above. Signed, John Moor,
James Boddington, Michael Watts, Joseph Brookbank,
Paul Dominique, Robert Michel, John Bridges, Fran.
Minshall. [Board of Trade. Proprieties, 8. Nos. 21,
21 1.; ami 25. pp. 440. 447.]
66 COLONIAL PAPERS.
1699.
June 1. 483. Col. Quary to the Council of Trade and Plantations.
About 60 pirates have arrived in a ship from Madagascar, They
are part of Kidd's gang. About 20 have landed in this Govern-
ment, and 16 at Cape May. The ship lies near the Cape of this
Government waiting for sloops from New York to unload her. She
is a very rich ship. All her loading is rich East India bale-goods
and abundance of money. I seized two of the pirates and conveyed
them safe to Burlington Gaol. If I had brought them to this
Government they would have been set at liberty as Avery's crew
were. I pursued two others and lodged them in Philadelphia. I
informed the Lt.-Gov. Markham and with his assistance lodged
them safe in gaol. I discovered their money and goods, which he
hath taken into his hands and refuses to lodge them with the
Admiralty officers or to allow me to take an account of them. I
offered if he would impress a vessel and raise me forty men to seize
the ship and all in her, but could not prevail with him. It's a very
miserable thing to live under a Government of upwards of 7,000
men capable to bear arms where there is no militia or any means to
serve the King. I have sent an express to the Governor of Virginia
and Maryland and all the Governors northwards. The Governor
of the Jerseys is very ready and active on this occasion. I have
2,000 pieces of eight which I took from the two first pirates. I
hope to be reimbursed my charges out of them. If I have your
orders I will take care a proper account is rendered of their effects.
All that serve His Majesty here are very uneasy to find there is no
notice taken of their complaints of the affronts and threats the
Government put upon them and His Majesty's authority. Unless
some action be taken, it will soon be impossible to get men to serve
the King here, especially in what relates to the Admiralty, there
being no salaries allowed to the officers. Signed, Eobt. Quary.
Endorsed, Reed. Aug. 4, Read Aug. 7, 1699. 8 pp. Annexed,
483. i. Abstract of preceding letter. 1 \ pp. [Board of Trade.
Proprieties, 3. Nos. 30, 30 1. ; and 26. pp. 42-47.]
June 1. 484. Anthony White to John White, his son in Carolina.
Bermuda. ]\| r- Nicholas Trott promised me to do you any kindness he can.
If he be come to Carolina, tell him it is worse and worse here.
One prison will not hold all that comes thither, 20, 30 and 50 pieces
of eight have been demanded by Crayne the sheriff. Pray take care
to send my letters by some careful hand, for the letters are put
now into the secretary's office and so broke open what they please.
Extract. I p. Endorsed, Reed. Read Nov. 28, 1699. [Board oj
Trade. Bermuda, 3. No. 41 ; and (memorandum of above) 29.
p. 243.]
June 1. 485. Memorial of Mr. Weaver to Council of Trade and
Plantations on behalf of Thomas Duncomb. The petitioner (Dun-
comb) is a man of great estate, was for many years Justice of the
Peace, one of the Judges of the Common Law and a Councillor
of high repute in Antigua. But about a year and a half ago, one
Ham, a poor master of a small sloop was put in jail by virtue of a
warrant from Governor Codrington ; Mr. Duncomb, as Judge,
finding him not committed for any criminal matter admitted him to
AMERICA ANt) WEST INDIES. 267
1699.
bail, whereat Governor Codrington was so enraged that he suspended
Mr. Duncomb from being a Councillor, never formulating any
definite charges against him but informing your Lordships that he
was a sot and a drunkard ; a general calumny which he is no more
deserving than most gentlemen of estate in that government.
Signed, T. Weaver. Endorsed, Eecd. June 3, Read June 29, 1699.
[Board of Trade. Leeward Islands, 6. No. 27 ; and 45. p. 376.]
une 1. 486. Minutes of General Assembly of Massachusett's Bay.
New Councillors presented to the Governor and sworn. The
Governor, addressing the Assembly, recommended an Act reviving
the Courts of Justice, the engaging of the neighbouring Indians in
trade, the provision of stores of war and fortification, a Charter of
Incorporation for the College at Cambridge and an Act continuing
the Revenue. The L. G. and Council congratulated H. E. on his
accession. A new Bill, in place of that disallowed, for holding a
Court of General Sessions of the Peace within the respective
counties and for ascertaining the times for them ordered to be
drawn.
une 8. The Jamaica Bill for punishing privateers ordered to be adapted
to this Province. Committee appointed to prepare the address to
H. M. proposed by the Governor. [Board of Trade. New
England, 48. pp. 285-290.]
une 2. 487. Minutes of Council of Virginia. Warrants for the appre-
hension of Samuel Grey and to summon Joseph Peacock, master
of the Byrd, to give evidence, ordered. On the Attorney-General's
report, ordered that all Commissions do for the future issue in his
Majesty's name and bear test by the Governor. Mr. Byrd reported
that the charge of the establishment of a Court of Exchequer would
be more than any advantage it would produce.
une 3. The Governor appointed the principal officers of Militia in the
several counties :
Henrico County. William Byrd, Col. and Commander-in-
Chief ; William Randolph, Lt.-Col., Peter
Feile, Major.
Charles City County. Edward Hill, Col. and C.-in-C.
Edward Hill, Junr., Lt.-Col.
Charles Goodrich, Major.
Surrey County. Benjamin Harrison, Col. and C.-in-C.
Henry Tooker, Major.
Isle oj Wight County. Samuel Bridges, Lt.-Col. and C.-in-C.
Henry Baker, Major.
Nansemund County. George Nasworthy, Lt.-Col. and C.-in-C.
Thomas Swann, Major.
Princess Anne County. Anthony Lawson, Lt.-Col. and C.-in-C.
John Thoroughgood, Major.
Norfolk County. Lenwell Mason, Lt.-Col. and C.-in-C.
James Wilson, Major.
Elizabeth City County. William Wilson, Lt.-Col. and C.-in-C.
Anthony Armestead, Major.
Warwick County. Miles Gary, Lt.-Col. and C.-in-C. ; William
Gary, Major.
268 COLONIAL PAPERS.
1699.
James City County. Philip Ludwell, Col. and C.-in-C. }
Henry Duke, Lt.-Col.
York County. Edmund Jennings, Col. and C.-in-C. ; Thomas
Ballard, Lt.-Col. ; William Buckner, Major.
New Kent County. John Lightfoot, Col. and C.-in-C. ; Joseph
Foster, Lt.-Col.; William Bassett,
Major.
King and Queen County. William Leigh, Col. and C.-in-C. ;
Joshua Story, Major.
Gloucester County. Matthew Page, Col. and C.-in-C. ; James
Eansom, Lt.-Col.; Peter Beverley, Major.
Middlesex County. Ralph Wormeley, ~Col. and C.-in-C. ;
Matthew Kemp, Lt.-Col. ; Eobert
Dudley, Major.
Essex County. Ralph Wormeley, Col. and C.-in-C. ; William
Moreley, Lt.-Col. ; John Catlett, Major.
Lancaster County. Robert Carter, Col. and C.-in-C. ; Joseph
Ball, Lt.-Col.
Northumberland County. Robert Carter, Col. and C.-in-C. ;
George Cowper, Lt.-Col.; Rodham
Kenner, Major.
Westmorland County. Richard Lee, Col. and C.-in-C. ; Willowby
Allerton, Lt.-Col.; Francis Wright,
Major.
Richmond County. Richard Lee, Col. and C.-in-C. ; George
Taylor, Lt.-Col. ; Thomas Lloyd, Major.
Stafford County. George Mason, Lt.-Col. and C.-in-C. ; Thomas
Owsley, Major.
Accomack County. Charles Scarburgh, Col. and Col.-in-C. ;
Edmund Scarburgh, Lt.-Col. ; Richard
Bayley, Major.
Northampton County. John Custis, Col. and C.-in-C. ; Nathaniel
Littleton, Lt.-Col.; William Waters,
Major.
Capt. Aldred ordered to assist Mr. William Barton to get his ship
up the river. William Randolph, John Lightfoot, and Matthew
Page were appointed escheators. [Board of Trade. Virginia, 53.
pp. 266-271.]
June 3. 488. Minutes of Council of Massachusetts Bay. Present :
H.E. Lord Bellomont, William Stoughton, L.G., Thomas Danforth,
John Pynchon, James Russell, Elisha Cooke, John Hathorne,
Elisha Hutchinson, Samuel Sewall, William Browne, John Phillips,
Jonathan Corwin, John Foster, Peter Sergeant, John Walley,
Barnaby Lothrop, John Thacher, Joseph Lynde, Daniel Peirce,
Samuel Wheelwright, Nathaniel Thomas, John Saffin, Eliakim
Hutchinson, Penn Townsend, John Appleton, Joseph Hamond,
Nathaniel Byfield, Isaac Addington. A Proclamation ordered
forbidding correspondence with the Scots about to settle in
America. [Board of Trade. New England, 49. p. 209.]
June 3. 489. Journal of General Assembly of Virginia. The
Burgesses announced that they had agreed to the Bill for
June 5. confirming titles, with amendments. The Governor communicated
AMERICA AND WEST INDIES. 269
1699.
the address of the Burgesses about the business of Nanzeinund, and
Mr. Attorney General was ordered to prosecute Major Thomas
Godwin and Andrew Ross for uttering seditious and highly
scandalous words against H. E. and the Royal College. The
Burgesses agreed to the report about the Pamunkey and Blackwater
lands.
June 6. Joint Committee appointed to agree upon an address to H. E.
for restraining the shirking and killing of whales within the capes
of Virginia. Bills for building the Capitol and the city of Williams-
burgh, for ascertaining Collector's fees and raising a public levy
were read a first time. The Burgesses presented their agreement
about the proportions of the public claims which was read
and agreed to. Bills for an imposition on liquors, appointing
a Treasurer (with amendments) were passed. The Governor
recommended the Burgesses, when they attended, to raise more
money. Mr. Grey having owned the libel and submitted, the
Governor remitted him as to His Majesty and himself. A Bill for
laying an imposition upon servants and slaves was passed with
amendments. Bills for building the Capitol and ascertaining fees
were read a second time. [Board of Trade. Virginia, 52.
pp. 146-152.]
June 3. 490. Journal of House of Burgesses of Virginia. Thomas
Milner sworn. Answer about the charges against Messrs. Godwin
and Ross agreed upon. The behaviour of Capt. Jordan the Sheriff
commended. (And see preceding abstract under date.)
June 5. The Sheriff of Westmorland attending showed that when his
sub-sheriff had attached part of the estate of Mr. Corbin he did not
know he was elected a Burgess. He was accordingly discharged out
of custody. The Committee for proportioning the public levy
reported that it amounted to 19 pounds of tobacco for every tithable
person. A deposit of l,5481bs. remained in Ann County which they
proposed should be allowed to Mr. John Chiles, Messenger of the
House, for his extraordinary service. The Surveyors appointed to
lay out the land for building the Capitol and Town were ordered to
exhibit their accounts. Bill about the Capitol ordered to be engrossed
with amendment and read a third time. Bill for ascertaining fees
read the first time, Bill for raising a public levy read the first and
second times.
June 6. Bill for ascertaining fees read a second time, was amended in
Committee and read a third time. Bill about the Capitol passed.
Mr. Beverley was granted leave of absence. Amendment to the
address upon killing whales agreed to. A deposit of 4,9231bs. of
tobacco in Ann ordered to lie till the next meeting of Assembly.
The Levy Bill was then passed. The late Treasurer, Mr. Bird, gave
an account of the liquor tax to May 15, 1699, showing a balance of
5 15s. ll^rf. which was assigned to the surveyors and Mr. Robert
Beverley.
Bill for ascertaining fees passed and a congratulatory address to
the King upon the Peace ordered. (See preceding abstract under
date.) Bills returned were agreed to with amendments. The
Governor promised to take care about the matter of killing whales.
Payments to Mr. Rachel Sherwood, Robert Beverly, John Tillut,
270 COLONIAL PAPERS.
1699.
Cope Doyly, and Perrigrin Cony, out of the imposition upon
liquors, ordered. [Board of Trade. Virginia, 52. pp. 457-468.]
June 5. 491. Minutes of Council of Barbados. James Creswell,
purser of the Dolphin, was ordered to be sent home on board Capt.
Phillips, and various documents relating to the case, including
the survey of the ship's stores by Captains Phillips, England and
Lemon, to be entered in the Council Book. Mr. Edmund Beding-
field was admitted to act as Clerk of the Council. A memorial by
a well-wisher relating to His Majesty's service and the interest of
Barbados was approved and ordered to be recommended to the
Assembly. [Board of Trade. Barbados, 65. p. 399 ; and pp.
429-431.]
June 5. 492. Minutes of Council of New York. Letter from
Jeremiah Basse, Governor of the Jerseys, about some of Shelly's
men, read. The Attorney General of opinion that the infor-
mation given therein was sufficient for the Board to summon
Giles Shelly and all other persons supposed to come with him from
Madagascar to appear before them.
Instructions ordered for the Commissioners to confer with the
Indians at Albany. [Board of Trade. New York, 72. pp. 247-249.]
June 5. 493. Minutes of Council of Virginia. On petition of Mr.
John Scott of Maryland, prosecuted as security in a Navigation bond
for Mr. Andrew Gregg now in this government, Mr. Attorney
General ordered to prosecute Gregg. Sheriffs appointed :
(County) Henrico, Thomas Cock.
Surrey, Thomas Holt.
Nansemund, Francis Milner.
Norfolk, Richard Church.
Warwick, William Gary.
Yorke, Thomas Ballard.
King and Queen, John Walter.
Middlesex, Sir William Skipwith, Bart.
Richmond,
Northumberland, Rhodham Eennor.
Stafford, George Mason.
Northampton, Nathaniel Littleton.
Charles City, Robert Boiling.
Isle of Wight, Anthony Holladay.
Princess Anne, John Thorowgood.
Elizabeth City, Coleman Brough.
James City, Henry Duke.
New Kent, William Bassett.
Gloucester, Mordecai Cook.
Essex, John Talliaferro.
Lancaster, Alexander Swann.
Westmoreland, Alexander Spence.
Accomack, Thomas Wetburn.
All persons claiming lands in Pamunkey Neck or on Blackwater
Swamp ordered to exhibit them by the first day of the next General
Court,
AMERICA AND WEST INDIES. 271
1699.
June 6. Grant of 3,470 acres of land in King and Queen and Essex
Counties to William Leigh. The Address of the Burgesses
was approved. John King and Joseph Peacock proved the
publication of a scandalous libel by Samuel Grey, clerk, who
confessed, begged and was granted pardon. [Board of Trade.
Virginia, 53. pp. 271-274.]
June 5. 494. Hudson's Bay Company to the Lords Commissioners.
Reply to the French answer. (May 10.) It is like a wilful shut-
ting their eyes against the light to allege that the English knew
not the northern countries from 1497. We appeal to all authentic
maps, ancient and modern, and to all histories and book(s) of
cosmography. We could go higher if it were material, and shew
that the Brittains many hundred years before the Union of
England and Wales made voyages to those northern countries.
But it will suffice that we maintain our discoveries ; our several
voyages ; our taking possession in the right of the crown of
England ; our English denominations of the places which they
justly retain to this day ; our trading with the savage nations
and our actual settlements in trade, habitations, forts and factories,
before ever the French pretended to an emulation or knowledge
of the place. Some of those ancient voyages we have mentioned
might be made in search of a passage into the South Sea, but that
doth not hinder but that a proper discovery might be made of a
country, seas or bays, and possession taken of such places in the
name of the Prince of such navigators as a rightful possession. It
may be observed with what caution the French industriously avoid
owning the name of Hudson Bay, but call it the Bay to the
North of Canada, which signifies nothing but to show how ill-
founded their pretence is to it, and that the very name betrays
the emptiness of their title, and yet in all former memorials in
1687 and divers since they have owned the name of Hudson
Bay. Nor doth their late giving of the name of Fort Bourbon
in their St. Therezia River to our York Fort in Port Nelson avail
them anything more. And to show how little knowledge they have
had of the place, and the man whose name the bay bears, they have
affirmed in a late memorial that Hudson passing in 1665 towards
the north in search for a passage into the South Sea discovered the
same without entering into it and called it by his name, which con-
tains two notorious errors, because Hudson's voyage was 55 years
before the time alleged, and he entered into the Bay, gave it his
name and many other English names to other places, wintered
there, but perished himself in the voyage. With equal ignorance
they allege that in their expedition in 1682 they meeting an English
bark from Boston in New England, in the place, there happened to
be one Nelson in the bark who upon his arrival called the Mouth of
that River Port Nelson, which was called so 70 years before by Sir
Thomas Button from one Nelson, his pilot, whom he buried there,
as we have set forth. The interruption we mention of prosecuting
those voyages and the formal settling of a trade, by all prudent and
rational men may well be imputed to the troubles in England not
well quieted till the Restoration, and then resumed and found most
convenient to be managed by a Joint-Stock, as they were afterwards
272 COLONIAL PAPERS.
1699.
incorporated. But we ask the French whether during those troubles
here or afterwards till 1682 they ever took the least notice of Hudson
Bay or visited any part of it by sea or land. But then it was that
their envy began to rise against a trade which we had brought to yield
50,000 beavers a year, which never produced one skin before, nor ever
had navigation in the Bay but by the English. How far the French
could avail themselves upon pretences to Carolina we know not, but
believe it hath no better foundation than their pretences to Hudson
Bay, and they might with as good presumption lay claim to New
England and Virginia and what they pleased. If the authors they
mean who write of Canada or New France give it no bounds to the
northward, they must be taken for partial French authors or
ignorant of that part of the world. The grants of the French
kings signify nothing to another Prince his right. "Nil dat
quod non habet " is a maxim understood of all. And it is plain
by all maps that Terra Corterialis and Estoitland are on the North
of Canada, and we do not hear that they have yet laid claim to
those two countries between us and Canada. As for the wrong
inference they make that if the English had had any knowledge of
the Bay or any pretentions to it, they would not have failed to have
made a reservation thereof in the Treaty of 1632 for restoring
Canada to the French, what need was there of reserving that which
was so remote ? If Treaties avail anything with them they are in
no just possession of Canada itself for there was a very great sum
of money to be paid to the Kirks Family upon the surrender of it,
which never was paid and of which there will be just complaint.
The French confess they had no forts on the coasts of the Bay. They
date their discovery and first settlements but from 1682, but their
excuse for it is very weak, because they had a trade by lakes and rivers,
since those lakes and rivers were as fine a communication to the
benefit of the English in Hudson Bay as to the French at Quebec,
700 leagues distance by sea. They may as well say because the
Channel passeth between England and France and is communicable
to both, the French claim the English shore by that contiguity. We
believe that no authentic Acts about taking possession can be
produced that the savages acknowledged the sovereignty of the
French king that can any way affect the English to the prejudice
of their right in Hudson Bay. We know the French have used many
indirect ways and force to oblige the poor Indians not to come to
trade at the Company's Factories, but we conceive they ought to be
free and are so to trade where they please. We have said that several
expeditions were set out for trial to find a trade and whether it
would be worth the engaging in a Joint- Stock before the Company
was incorporated. And if Mr. Radisson and Desgroziliers were
entertained as servants to the adventurers in those first endeavours
what is to be inferred from that ? Had they been Spaniards,
Portuguese or Venetians it was free for any nation to entertain and
employ them. But we deny that we had no knowledge of the Bay
before we employed them ; for they were no navigators to make a
discovery but only useful when we should arrive there, having the
language of the savages and so capable to invite them down to
trade. The voyages were conducted by English seamen and
English pilots. We will agree that the charter in 1670 cannot give
AMERICA AND WEST INDIES. 278
1699.
the Company any right or dispose of any lands whereof France was in
legal possession, but we have denied any legal possession of France.
They say that in 1675 the inhabitants of Canada sent a ship into the
Northern Bay, entered into Bourbon River and wintered there ; we
know nothing of this action but challenge them to name the ship
and commander. And we desire to know when they first called it
Bourbon River or Fort Bourbon. We maintain that it was never
actually called so till 1694, and if the confident imposing of French
names upon places but as yesterday will create them a title they may
soon lay claim not only to Hudson Bay but to half the world beside.
As to their action in 1682, we repeat that Radisson and Desgrozilier
were forbid by the Governor of Canada and afterwards prosecuted in
France as pirates. Let Mr. Radisson who is in London give a full
narrative of that expedition. He did not go over in 1684 to the
service of the Hudson Bay Company to surprize and plunder
Bourbon Fort, as stated, but by concert of the Ministers of France
and by the directions of His Majesty of England to restore those
places he unjustly took from the English. Though we righted
ourselves in 1684, yet we had just grounds continued of complaints
which we prosecuted in the Court of France, and what passed in the
years 1686 and 1687 when Messrs. De Barillion and Bonrepos were
here on behalf of the French is to be found on record. The French
reflect upon our surprize in 1684 to recover our right upon their
unjust invasions in 1682 as done in a time of peace, and as if their
further injury in 1686 when they dispossessed us of the bottom of the
bay were the consequence of that. We know the French too well
not to be aware that they which invaded us so unjustly in 1682
would prosecute their advantage and pursue us with injuries upon
injuries. But we admire at their urging it was a time of peace in
1684. Was it not a time of peace in 1682 ? Were not they the
first aggressors ? It may be admired at last to see them pretend
their losses at the retaking of Port Nelson (which they still call
Fort Bourbon without any reason) exceed the losses suffered by the
English in their invasion at the Bottom of the Bay. We have
lately exhibited an account of our losses and insist upon full
satisfaction for the same, and we annex an affidavit by Mr. Radisson
sworn in 1697 which cannot but be a final and satisfactory closing
to the whole dispute. Concludes with reference to the Commission
of 1687 and a demand to be maintained in possession of all their
places in the Bottom of the Bay and also to be restored to their
Factory of York Fort in Port Nelson with satisfaction for all
damages and a full recognition of all the said places to the crown of
England and the sole trade and sailing to the whole Bay and
straits of Hudson as rightful proprietors. 9pp. Annexed,
494. i. Copy of affidavit by Peter Espritt Radisson, giving
an account of his voyages affirming the above state-
ments. 4 pp.
494. n. Narrative of Peter Espritt Radisson in answer to the
reply of the French Commissioners. 6 pp.
494. in. Translation of M. Calliere's direction to Radisson
for restoring Port Nelson. 1 p. [America and West
Indies. Hudson's Bay, 539. No. 8. pp. 80-49.]
274 COLONIAL PAPERS.
1699.
June 6. 495. Col. Quary to the Council of Trade and Plantations.
Philadelphia, j h ave by the assistance of Col. Bass, Governor of the Jerseys,
apprehended four more of the pirates at Cape May and might have
with ease secured all the rest of them, and the ships too, had this
Government given me the least aid or assistance, hut they would not
or so much as issue out a proclamation, but on the contrary
the people of this government have entertained the pirates, conveyed
them from place to place, furnished them with provisions and liquors,
given them intelligence and sheltered them from justice, and now
the greatest part of them are conveyed away in boats to Rhode
Island. All the persons that I have employed in searching for and
apprehending these pirates, are abused and affronted and called
enemies to the country, for disturbing and hindering honest men, as
they are pleased to call the pirates, from bringing their money and
settling amongst them. I enclose the Act they have passed against
pirates and privateers. It contains no provision, like the Jamaica
Act, making it felony for the King's subjects to serve under any
foreign prince against any other prince in amity with His Majesty,
though all the roguery in the West Indies has been under colour of
foreign commissions. The Jamaica Act makes all such to be
accessary that shall knowingly entertain etc. any person deemed
or adjudged to be privateers and pirates. But this Act leaves
out the word "deemed," so that when I complain of such men,
they answer they do not know them to be pirates till they are con-
victed. The Jamaica Act empowers all commission officers on notice
of any privateers or pirates to raise such number of armed men as
they think fit ; but this Act omits the word " armed," and empowers
the Justices, Sheriffs and Constables only to call men to their
assistance. If the Quaker Justices can preach the pirates into sub-
mission, it is well. The clause making it lawful to destroy pirates
who resist is left out, and the penalty for a man refusing to appear
when called out is put at only 5. Every care is taken to empower
the persons they associate with the Judge of the Admiralty, but
there is no provision to empower him, and my Commission from
the Admiralty gives me no power to try piracy. But what most
sticks with me is how I can try any for their lives when none of the
Judges will take the oath of allegiance or the oath of a Judge, nor
the jurors their usual oath nor the witnesses swear to their evidence.
I hope you will send a Commission under the Great Seal or order
pirates to be sent to England, which in my opinion will be much
the better way. They have sent home this Act in great triumph to
Mr. Penn who knows how to make use of it to serve his ends, but
they already fail to put it into execution. We are not out of hopes
that, since the wisdom of Parliament hath not thought fit to permit
Quakers to give evidence in any criminal cause or serve on juries or
bear any office of profit in the Government, they will extend their
charity and consider the unhappy circumstances of this place and
make the like provision for us. Signed, Robt. Quary.
P.S. Since my writing this, Capt. Kidd is come into this Bay with
a sloop. A ship stands off and on, the sloop's boat and some of the
men have been on shore to mend some iron-work and were kindly
received at the Hore Kills, and several of the inhabitants have been
on board them. This Government takes no notice of it. I sent an
AMERICA AND WEST INDIES. 275
1699.
express to the Governor of Virginia, who I hope will send the man-
of-war hither time enough. The Governor of Maryland has secured
some of the pirates. Capt. Shelly, after he had landed and secured
all the goods, run the ship ashore near New York and then the
merchants concerned informed the Governor against their ship. The
pirates I brought here have liberty to confine themselves to a tavern,
which is what I expected. The six other pirates in West Jersey are
at liberty, for the Quakers there will not suffer the Governor to send
them to gaol. Endorsed, Eecd. Aug. 4. Read Aug. 7, 1G99. 3^>^.
Annexed,
495. i. Abstract of preceding letter. \\p.
495. n. Abstract of following act. %p.
495. in. Copy of the Pennsylvania Law against Pirates and
Privateers. If .pp.
495. iv. Extracts from similar letter to the Commissioners of
Customs. \\p.
495. v. Printed Proclamation by the Proprietary of the
Province of Pennsylvania. Magistrates and officers
charged to apprehend all persons suspected of any
connection with piracy. 10 reward offered for the
arrest of any such person afterwards convicted. Siym-il,
W. Penn, Oct. 23, 1699. Philadelphia. Printed by
Reinier Jansen. [Board' of Trade. Proprieties, 3.
No*. 31, 31 i.-v. ; and (ivithout enclosures) 26. pp. 48-56.]
June 6. 496. Leonard Compere to Council of Trade and Plantations.
The King by Letters Patent, 1674, granted to Tho. Martin (deceased)
and Leonard Compere the office of Receiver General of Jamaica,
which the latter has filled with Deputies, but the present Governor
has refused another and put in one Mr. Broughton and now Mr.
Chaplain, who pay Compere nothing out of the profits. Endorsed,
Reed. Read June 6, 1699. Enclosed,
496. i. Copy of Letters Patents referred to in preceding.
3 pp. Signed, H. Coventry. [Board of Trade.
Jamaica, 8. Nos. 119, 119 i.]
June 6. 497. William Popple to J. Burchett. You are desired to
move the Admiralty to order the captain of the Deale Castle to
receive on board such sum of money as shall be sent him by Mr.
Thurston (May 26). [Board of Trade. Newfoundland, 25. p. 313.]
June 6. 498. J. Burchett to W. Popple. Directions according to
Admiralty vour letter will be sent by this night's post to Capt. Fowles at
ce< Spithead. Signed, J. Burchett. Endorsed, Reed. Read June 7,
1699. p. [Board of Trade. Newfoundland, 3. No. 146; and
25. p. 313.]
June 6. 499. William Popple to Sir Henry Ashurst, Bart. No
Whitehall, progress having been made in the matter of the Attorney and
Solicitor General's report upon the New England Address about
Appeals for want of your attending them about it (See Dec. 16,
1698), unless you speedily procure the dispatch of it the Lords
Commissioners of Trade and Plantations will desire Mr. Attorney
and Mr. Solicitor to report without you. [Board of Trade. New
England, 37. p. 140.]
276
COLONIAL PAPERS.
1699.
June 6.
Barbados.
June 6.
Nevis.
June 6.
Boston.
June 6.
Whitehall.
June 7.
500. Governor Grey to Council of Trade and Plantations.
Your Lordships' letter of the 2nd Feb. came safe to my hands with
the Book of the Acts of Trade and an Act relating to the Planta-
tions, as likewise fresh instructions from His Majesty. I must
confess I should have returned your Lordships thanks before this,
but that I waited for an opportunity of sending something worth
communicating from this quarter of the world. But nothing of
moment happening here, and Mr. Hart, my Secretary, going for
England for the recovery of his health, I cannot slip the opportu-
nity of acquainting your Lordships that I have exactly observed
hitherto the Acts of Trade according to my instructions from the
King, and resolve to do so, and all those that shall be from time to
time transmitted to, my Lords, your Lordships' most obedient
humble servant. Signed, R. Grey. Endorsed, Reed. Read, Aug. 11.
1 p. [Board of Trade. Barbados, 8. No. 11 ; and 44A. pp. 312,
313,]
501. President and Council of Nevis to James Vernon.
Since our last of May 17, we informed the Governor of Jamaica
and Admiral Bembo what we had then heard in relation to that
notorious pirate Capt. Kidd, hoping it would have proved for His
Majesty's service. ButH.M.S. Queenbrough, Capt. Rupert Billingsly,
Commander, being now returned from the cruize after Kidd,
advises us he is informed by the inhabitants of the Virgin Islands
that said Kidd is gone farther to Leeward, and, as they believe, to
the Scotch new settlement in these parts. We believe it necessary
to transmit you this further accompt as also that Col. Collingwood
died on 28th May last. Signed, Wm. Burt, Mich. Smith, Dan.
Smith, Jno. Smargin, Richd. Abbott. Addressed. . Endorsed,
Reed. July 28, '99. [Board of Trade. Leeward Islands, 6.
502. Minutes of Council of Massachusetts Bay. Mr. Nelson
allowed to export grain to St. John's River, the harvest there
having failed. [Board of Trade. New England, 49. p. 210.]
503. Journal of Council of Trade and Plantations. Upon
consideration of Col. Codrington's instructions, the Secretary was
ordered to enquire of Mr. Sansom the names of the two principal
officers of the Customs in the Leeward Islands.
Letter written to Mr. Burchet about sending money by the
Deale Castle for the Company at Newfoundland.
Upon consideration of the long delay of the Attorney and
Solicitor General's report upon the New England address about
appeals, the Secretary was ordered to write to Sir Henry Ashurst
that if he do not procure the dispatch of it, their Lordships will be
obliged to desire Mr. Attorney arid Solicitor to make such report as
they can without him. Mr. Thomas Tresilian offered his service
in remedying some abuses in curing pilchards.
Mr. Leonard Compier presented a copy of his Patent and a state
of his case.
Answer from the Admiralty (Mr. Burchet) read.
Orders of Council (May 18) about Mr. Jones' petition, Mr.
Lucas' fine, Governor Grey's present, and repealing an Act of
Barbados, read.
AMERICA AND WEST INDIES. 277
1699.
Two letters from Mr. Lloyd, May 23 and 31, read. Ordered that his
account of the invasion of Jamaica 1694, and the Act for a present
to Sir William Beeston be taken into consideration when the Act is
returned by the Solicitor General.
Mr. Trott's defence was read, and Mr. Bradshaw's memorial,
May 23, read and referred till the Board should be more full.
[Board of Trade. Journal, 12. pp. 61-64 ; and 96. Nos. 90, 91.]
June 6. 504. Minutes of General Assembly of Massachusetts Bay.
Address to H.M. presented to the Governor, who was thanked for
his speech. Bills for punishing privateers and pirates ; establishing
a Post Office ; and General Sessions ; read the first time.
June 7. The above Bills read a second time and committed. Bills for
establishing inferior Courts of Common Pleas ; and superior Courts ;
read twice and committed. Joint Committee appointed for reprint-
ing the Laws.
June 8. Amendments to the Bills establishing Courts read and approved.
June 9. The Bills transcribed were read a third time, passed, and sent down
to the Representatives.
June 10. Bills for reviving and continuing actions depending ; and for
regulating proceeedings in the Courts of Justice ; read twice and
committed. [Board of Trade. New England, 48. pp. 291-295,]
June 7. 505. Governor Wm. Beeston to Governor the Earl of
Jamaica. Bellomont. I have received yours of Aug. 18 and April 25, and
with the last one for M. Durasse, which shall be sent forward by
the first conveyance, though we have not many thither, for since
the Peace they have forbidden trade with all but the Spaniards,
whom they are much in love with, supposing them and their
country to be their own as soon as the King of Spain dies, and the
Spaniards are as fond of them and admit them to trade and into
their ports who have beating of them for these ten years past, but
to the English, who have been so long fighting for them and
spending their blood and treasure to defend them, they refuse all
civility and common respect, and call 'em ill names because the
Scotch are settled at Darien, which they will not believe is without
the King's consent or connivance at least, though I have written to
all the Governors to assure them of the contrary, and have issued
out a proclamation that none go near the Scotch nor trade with
them nor assist them with provisions nor anything else, and have
sent duplicates of it to the Governors, nevertheless the French have
gotten such an interest in them by reason of their Churchmen and
religion that they tell them all is a blind, and that the English and
Scotch are all one people, and the French have reason if they
expect the Indies, for the Scotch will then be as great a thorn in
their sides as they are now in the Spaniards'. But, if it be true 1
now hear, that a recruit of three good ships, with 800 men, are
newly arrived to them, they will not easily be removed, and they
are so well posted that the admiral of the Barliaviento fleet was by
land within two or three miles with 1,500 men, but would not
attempt them, but he is reported to be a modest man, which
perhaps was the reason. Col. Webb, who was Governor of
Providence, I hear, is eloped from his government, and gone into
278 COLONIAL PAPEES.
1699.
some of your Excellency's Provinces. 'Tis what I expected by his
management, and therefore I writ to him and advised him, but I
hear he railed at me for it, and I doubt the Governor of Bermudas
will follow his steps, for he has seized a sloop of this island who
was going to Madera with money in her, who, by accident, gave a
knock on some of all Day's rocks and went into the harbour only
to see if they had received any damage, and will not let her go till
they pay him the 10th and 15th, as if she were a wreck. He may
as well demand so much of every man that lands on his island for
treading on his ground. Those little Governments act ma(n)y
strange things. 'Twould be more happy for the people if they were
under the direction of those that are nearest to them, that might
regulate their extravagances, which oftentimes are very great and
mighty prejudicial to His Majesty's subjects. Your Northern
party have of late years wholly taken of the prejudices and scandal
of privateers and pirates this island lay under, for we have had
none of it a long time, and indeed 'tis a great pity they should be
connived at anywhere, they being a vermin in a commonweal and
ought to be dangl'd up like polecats and weasels in a warren,
I am therefore please (d) to hear your Excellency is so zealous in the
detecting of them. We met with one who had lately strayed ashore
here, whom I caused to be tried and hanged, and so I will all 1
meet with where there is just proof against them, and if all would
do so, that so there might be no nesting anywhere for them, they
must fall off course. Copy. [America and West Indies. Jamaica,
540. No. 52; and Board of Trade. New England, 9.
No. 65 xiv.]
June 7. 506, Minutes of Council of New York. Instructions for a
conference with the Indians approved of. Edward Buckmaster, one
of Shelly's men, committed. Warrants to the Sheriffs ordered for
the arrest of persons suspected of piracy or illegal trade. [Board
of Trade. New York, 72. pp. 249, 250.]
June 7. 507. Journal of General Assembly of Virginia. The
Burgesses announced that they had agreed to the Bill for taxing
servants etc. with amendments. The Bill for appointing a Treasurer
was passed with amendment proposed by the Burgesses. The
Committee for revising the Laws ordered to be instructed to
consider the best method of issuing commissions for the militia and
of paying for the same. Bills for building the Capitol, ascertaining
collectors' fees, and raising a public levy passed. The orders by
the Burgesses for several payments agreed to. The Burgesses
attended after evening prayers and presented to H.E. an address to
His Majesty. They agreed to the amended Bill for building the
Capitol.
June 8. The House of Burgesses attended in the Great Hall and H.E.
produced a new Seal of the Colony and affixed it to a proclamation
appointing a solemn day of general thanksgiving. He gave his
assent to the Bills agreed upon this session and then prorogued the
Assembly till Nov. 9. [Board of Trade. Virginia, 52. pp. 152-
159.]
AMERICA AND WEST INDIES.
270
1699.
June 7.
June 8.
June 7.
June 8.
June 7.
Custom
House,
London.
June 8.
New London,
Connecticut.
508. Journal of House of Burgesses of Virginia. Bills
returned from the Council agreed to with amendments. Bill for
ascertaining the value of money, not agreed to by the Council,
referred to the Committee for the revisal of Laws. Mr. Samuel
Gray, having acknowledged his offence to the House, was pardoned
for his libel. The form of Bonds prepared by the Committee of
Claims was reported to the House. An 'Address to His Majesty
was agreed to. (And see preceding abstract under date.) The enrolled
Bills were ordered to be examined and sent with the engrossed
Bills to the Council for perusal. The forms of Bonds were agreed
to and sent up to the Council. The Proclamation by the Governor
and Council for a Day of Thanksgiving was approved. [Board
of Trade. Virginia, 52. pp. 468-474.]
509. Minutes of Council of Virginia. Col. Hill ordered to
choose 5,000 acres of unclaimed land to be set apart for public
uses as hereafter directed. The powder at James City ordered to
be distributed amongst the counties. Commissions for the militia
officers ordered to be prepared in the Secretary's Office. In case of
invasion on the frontiers the next Commission officer of the militia
ordered to raise men to oppose it until he receive further directions
from the Governor or Commander-iii-Chief of the militia in the
county, to whom he must at once dispatch several expresses. The
Commanders-in-Chief of the militia ordered to return lists of the
Commission officers in their counties, and to recommend others to
supply vacancies. All officers, civil and military, ordered to take
the oaths and subscribe the Test and Association. Mr. Attorney
General to prepare a commission for that purpose. Proclamation
ordered against striking whales within the Capes of Virginia. The
judge and officers of the Admiralty Court presented a petition for
salaries.
Collectors and naval officers appointed. Proclamation for a
public thanksgiving approved and ordered to be laid before the
Burgesses. Order issued for the apprehension of Joseph Bradish
and his accomplices, pirates, if they come into this Government.
[Board of Trade. Virginia, 53. pp. 274-281.]
510. Mr. Sansom to Mr. Popple. In reply to yours of the
6th inst., James Thynn and William Meade are the names of
the two chief officers of the Customs in the Leeward Islands,
established at Nevis under the character of Commissioners and
Collectors of the duty of 4 per cent. Signed, Jno. Sansom.
Endorsed, Reed. June 8. Read June 14, 1699. [Board oj Tnnh>.
Leeward Islands, 6. No. 28.]
511. Gov. Winthrop to Council of Trade and Plantations. I
have issued a proclamation against giving aid to the Scotch
expedition. In the month of Sept. 1698, several pirates ran away
the ship Ad cent tire of London, Capt. Gullock, commander, and
bound to Borneo in the East Indies (as they confess) from Pollonis
in the East Indies, where they left the said commander and others
of their company, and brought the ship upon this coast, when they
sank her with most of her loading. Ten of the company are in
custody here. There was taken with them in money and goods
280 COLONIAL PAPEES.
1699.
to the value of about 2,000 which is secured here. The rest
of their confederates, with considerable sums of money and
goods are seized at Boston in the Province of the Mattathusets
(Massachusetts). Those that are here do so far confess the horrid
fact of felony that they are guilty of as may convict them. Your
Honours will put a great favour upon this colony in communicating
to me His Majesty's pleasure concerning the said money and goods,
which was squandered about into many hands and concealed, which
made it difficult to come at. There is no correspondence here
with any illegal traders. I have informed all officers of H.M.
instructions relating to the Acts of Trade and your letter of Feb. 3.
Signed, J. Winthrop. Endorsed, B. Aug. 31, 1699. Enclosed,
511. i. Proclamation forbidding assistance to be given to
the Scotch expedition. Signed, John Winthrop.
May 29. [America and West Indies. Connecticut, 531.
Nos. 7, 8, 9, 9 i. ; and Board oj Trade. Proprieties, 4.
Nos. 7,7 i.; and (without enclosure) 26. pp. 93-96.]
June 9. 512. Governor Basse to William Popple. I received yours
Burlmgton. O f August last. I am sorry I have received no directions about the
two pirates by me secured in East Jersey but afterwards bailed by
Lord Bellomont. Both belonged to Avery and one I find to be
principally concerned in their horrid villainies. On May 29 Capt.
Shelly in the Nassau that some months since went out from New
York for the Island of St. Lawrence arrived at Cape May in this
Government and that evening put on board of one Gravenrate of
New York eight pirates that having committed several hostilities in
the Indies and made their voyage returned in him. He also landed
at Cape May 14 men passengers from the aforesaid island, eight of
which with their effects escaped before I obtained any notice of
their arrival, which was not until the 1st inst., and then, I having
an account of their endeavours to escape by a letter from Col.
Quary, I immediately manned out a sloop and in person went down
to Cape May, took four of the persons suspected of piracy, who
confess that [they] have been on the coast of India and have
taken several prizes there. Two more of them were taken
with their effects on the river and are now committed to the Jail of
Burlington. In their chests are about 7,800 Eix dollars and
Venetians, about thirty pound of melted silver, a parcel of Arabian
and Christian gold, some necklaces of amber and coral, sundry
pieces of India silks, which are all secured until some course be
taken with the prisoners. What the other four may be possessed
of I cannot yet inform you, they not being arrived at Burlington.
I hear by them there are some hundreds of men on the Island of
St. Laurance that having by robbery gained considerable sums are
now desirous of retiring to spend their ill-gotten goods. Since the
arrival of Shelly I am informed Capt. Kid on a large sloop with
about 60 hands hath been seen and spoke with betwixt the two Capes
of Delawar. I had a sight of the sloop when I was down but found
he sailed too swift for me. I am too much discouraged in my zeal
for the common good and H.M. service in that I have nothing
beyond a Proprietary Commission to support me, and even them
persons seeming to desert me because of my discountenancing the
Scotch and pirates.
AMERICA AND WEST INDIES. 281
1699.
In our Assembly in East Jersey we passed the Jamaica Act
against privateers and pirates. It met with no mean opposition
from the Scotch gentlemen, who amongst us are grown to a very
great height from the prospect of a gentleman of their own nation
tilling the seat of Government in these provinces by His Majesty's
approbation, and the success that their countrymen meet withal in
the settlement of the Island Gorda alias Golden Island, called by
them Calidonia. The English interest and trade must fall if some
speedy course be not taken for the stopping of their growth. The
principal traders in East and West Jersies and Pennsylvania are
Scotch, who some of them have publicly asserted that H.M. dare
not interrupt them in their settlement of Golden Island, lest it
should make a breach between the two nations, publicly holding
correspondence with them, contrary to H.M. Proclamation, and
encouraging the inhabitants of these Colonies to go thither to trade
and settle on the proposals made them by the Council of State in
Calidonia. In time this evil may be too universal to be easily
remedied : the trade of England to these colonies wholly discouraged
and that of the Scotch nation advanced. If the sweets of profit be
once tasted by our inhabitants by giving the least encouragement
to this trade, it will not be suppressed without extraordinary
expense and diligence. No way will prove more effectual than a
total exclusion of them from any share in the Government of these
Plantations. Signed, J. Basse. I send you the enclosed letter that
you may see what trade is carried on at New York. Signed, J.
Basse. Endorsed, Reed. Aug. 3. Read Aug. 4, 1699. Holograph.
4 pp. Enclosed,
512. i. Abstract of preceding and succeeding letters. 2 pp.
512. ii. Giles Shelley to Mr. Delencie, or, in his absence,
Mr. John Barbaric in New York. Cape May, May 27,
1699. At St. Mary's in Madagascar I sold the goods
for muslin, calicoes, a ton of elephants' teeth and 2 or 3
cwt. of opium. I took on board 75 passengers : 24 went
ashore at Fort Dolphin, where I bought a few negroes
and some pigs of tooth and egg (sic) \J the metal tutenag] .
Most of the passengers design for Virginia and Horekills
with Andrew Graverard. I have for their passages
about 12,000 pieces of eight and about 3,000 Lyon
dollars. I hear there is no man-of-war at New York,
and design to come to Sandy Hook. Capt. Burgess
arrived at St. Mary's the day I sailed, and sold his
goods very well. Signed, Giles Shelley. Copy. 1 p.
[Board of Trade. Proprieties, 3. Nos. 29, 29i.-n. ;
and 26. pp. 33-41. J
June 9. 513. Minutes of Council of Massachusetts Bay. Nathaniel
Byfield, Judge of the Court of Admiralty, Capt. Lawrence Hammond,
Register, and Henry Francklyn, Marshal of the Court, took the
oaths etc. appointed.
June 10. Petition of Thomas Hinckley referred. [Board of Trade. New
England, 49. pp. 210-211.]
June 10. 514. Governor Jeremiah Basse to Council of Trade and
Burlington. Plantations. I received yours of Jan. 2 and immediately published
282 COLONIAL PAPERS.
1699.
enclosed proclamation. These orders arrived very opportunely to
curb the endeavours of some gentlemen of the Scotch nation
to promote not only the Scotch interest in general but that
particular settlement which they now call Caledonia. I almost
think it will be needless to acquaint your honour of the settlement
of that party of men you caution us against on the island Gorda,
alias Golden Island near the coast of Darien, with the Indian
inhabitants of which province they are entered into a strong
confederacy. By order of their Council they have called their
settlement Caledonia. They have had a skirmish with the
Spaniards in which they came off victorious. Some proposals for
the settlement of that place are with much zeal embraced by the
Scotch gentlemen inhabiting the Jerseys who report that the
Caledonians have already raised a fortification of 150 guns and
will give all manner of protection and encouragement to all that
shall trade or correspond with them, to which many of our
inhabitants, notwithstanding these orders, seem so emboldened by
their expectations of the arrival of a gentleman of their nation to
fill the seat of the Government in these provinces by his Majesty's
special approbation. Nay, to so great a degree of madness have
these encouragements advanced them that some of the eminentest
of that nation amongst us in the hearing of myself and some of
my Council asserted that it might endanger a rupture betwixt
these two nations if his Majesty should interrupt their settlement.
The trade of the Jersies and Pennsylvania seems to be much in
the hands of that nation, several of them being our principal
dealers and their numbers yearly increasing whilst the interest of
our nation seems so much declining. Certain I am their prosperity
in the Plantation cannot but extremely prejudice the general
interest of our own nation, impair his Majesty's revenue, and in
time give no mean fears of their subjection to their so much
applauded Caledonia, which I cannot but say seems by nature and
situation to pretend in time to be the emporium of trade and
riches of America, a place if it meet with encouragement and be
suffered to grow that may in time collect to it the riches of the
Eastern and Western Indians, the one safely transported through
the famous South Seas over the Isthmus of Darieu and the other
from the two adjoining Empires of Peru and Mexico. Signed,
J. Basse. Endorsed, Eecd. Aug. 3, 1699. 1 p. much soiled.
Enclosed,
514. i. Proclamation by the Governor of the East and West
Jersies, forbidding assistance to be given to the Scotch
expedition. May 25. fj?. [America and West Indies.
New Jersey, 575. Nos. 27, 27 i.]
June 10. 515. J. Burchett to W. Popple. The Deal Castle being now
ready to sail, if my Lords of the Council of Trade have any further
heads of enquiry to send to the commanding officer at Newfound-
land, please hasten them to me. Signed, J. Burchett. Endorsed,
Reed. June 10. Read June 14, 1699. f p. [Board of Trade.
Newfoundland, 3. No. 147 ; and 25. p, 314.]
AMERICA AND WEST INDIES.
1699.
June 10.
St. Swithin's
Lane.
June 10.
Carolina.
516. Gilbert Heathcote to William Popple. I enclose copies
of the affidavit concerning the loss of the Adventure, and humbly
request that one may be sent to each of H.M. Governments in the
West Indies with orders to make diligent search after the ship and
cargo. p. Signed, Gilbert Heathcote. Endorsed, Reed. June 10.
Read June 17, 1699. Annexed,
516. i. Affidavit of Capt. Gullock as to the seamen running
away with his ship, the Adventure. May 13, 1699. lj/>p.
516. n. Affidavit of Drew Hacker, gent., and William White-
sides, boatswain, on the same subject, f p.
516. in. Names and descriptions of the men who ran away
with the Adventure. Sept. 17, 1698. 1 p.
516. rv. Description of the Adventure, a Hag boat, Ipswich
built. |ju.
516. v. Cargo of the Adventure. Cloth, flannel, opium, iron,
lead, etc. and 33,500 Spanish Dollars. \p. [Board of
Trade. Plantations General, 5. Nos. 17, 17i.-v. ;
and 35. pp. 47-53.]
517. Joseph Blake and Joseph Morton to Mr. Secretary
Vernon. By yours and the copy of a letter from the Lords Com-
missioners of Trade to yourself we observe Capt. Harris has com-
Slained of being unjustly treated here as a foreigner, and your
irection that he ought to be relieved for the damage he has
sustained. We give you a short but impartial account of the
whole matter. On the first seizure of his vessel 'for his being a
Frenchman and master thereof, he acknowledged that he was born
in St. Martin's in the kingdom of France, but said he was
naturalised. But when his vessel was upon trial he pleaded that
he was made a denizen of England, but could produce no patent
and owned he had only been told so by the owner. There was no
proof of his being legally qualified to be a master of a ship and she
was condemned. If a master's bare saying that he is a denizen or
that his owner told him so is to be deemed proof enough, how are
we to obey H.M. repeated commands to put the Acts of Trade in
force ? Signed, Joseph Blake, Jos. Morton. (By Capt. Tho. Mann.)
2 pp. Much stained with salt water. This is probably the letter
referred to as saved from the shipwreck (see Sept. 27). [America and
West Indies. South Carolina, 620. No. 1.]
518. Affidavit of Attorney General and Naval Officer of
Carolina. Having visited Bermuda on business, and wishing to
leave, Feb. 20, 1699, the Governor refused to sign his ticket till he
had paid 50 to Thomas Sheppard for the use of the Governor.
Sinned, Nicholas Trott. p. Endorsed, Reed. Read Nov. 28,
1699. [Board of Trade. Bermuda, 3. No. 42 ; and (memorandum
only), 29. p. 242.]
June 12. 519. Minutes of Council of Nevis. Letter from the King
appointing John Corbet a member of the Council of Antigua.
[Board of Trade. Leeward Islands, 64. pp. 499, 500.]
June 12.
ChiirlesTown,
South
Carolina.
June 12. 520. Minutes of General Assembly of Massachusetts
H.E. visited the fortifications on Castle Island.
June 13. A clause was added to the Bill for reviving Actions, etc.
Bay.
284 COLONIAL PAPEES.
1699.
The Bills for establishing Courts were returned up with alterations
which were agreed to by the Board. The Bills ordered to be
engrossed. Bill reviving Actions was passed and sent down.
June 14. Bill for General Sessions and Inferior Courts passed and sent
down to be signed by the Speaker. Bills for keeping watches in
towns, and regulating townships sent up and read a first time.
James Taylor re-elected Treasurer of the Province.
June 15. Bill reviving Actions passed and sent down. Address to H.M.
ordered to be engrossed and sent to Sir Hen. Ashurst, and a letter
to be written to the Lord Chancellor praying him to introduce him
to His Majesty with the address. Bill for punishing privateers
debated in Committee.
June 16. Joint Committees appointed to consider the proposed Indian
Trade, and the settlement of the College. Committee appointed to
discourse Col. Rornar about the fortifications. New draught of the
Bill for regulating proceedings in Courts ordered. Bill about
privateers agreed to with amendments, except a clause concerning
the Judge of the Admiralty.
June 17. Bills about watches; townships; punishing vagabonds; and
regulating the militia passed the second reading and were committed.
Merchants of Boston granted leave to bring in a Bankruptcy Bill.
Joint Committee appointed to consider demands for public service
done in Sir E. Andros' time. Widow of soldier killed in public
service granted allowance. [Board of Trade. New England, 48.
pp. 295-301.]
June 13. 521. Minutes of Council of Massachusetts Bay. Petition of
Thomas Hinckley for the laying out of 200 acres of land granted
him by the General Court of the late Colony of Plymouth, opposed
by Nathaniel Thomas, referred to a Commission. 5 paid to
Samuel Proctor, wounded on Castle Island. [Board oj Trade.
New England, 49. pp. 212-213.]
June 13. 522. Copy of Gov. Collingwood's Commission: [Board oj
Whitehall. Trade. Leeward Islands, 45. pp. 488-490.]
June 14. 523. Minutes of Council of New York. Otto van Toyle, one
of Hoar the Pirate's men, committed. [Board of Trade. New
York, 72. p. 250.]
June 14. 524. Minutes of Council of Montserrat. A negro named
Cuffee, belonging to Mr. "VVm. Bedingfield, convicted of theft to the
value of 12 pence, condemned to be hanged and his quarters set up
on poles in the public places. [Board of Trade. Leeward Islands,
64. p. 543.]
June 14. 525. Journal of Council of Trade and Plantations. Mr.
Robert Clowes attended and declared that the right of his Patent
for the place of Clerk of the Supreme Court in Jamaica is at
present in Sir Robert Cotton, who promised to send a copy of it.
Letter from Mr. Sansom of June 6 read.
Letter from Mr. Heathcote, June 10, with affidavits concerning
the loss of the ship Adventure read. A clause upon that subject
ordered to be added to the Circular Letter that is to be writ to
the Plantations. Papers enclosed in Mr. Bradshaw's Memorial
confirming the complaint of the Dutch Ambassador against Mr.
Trott read. Memorial relating to the Fish Trade read.
AMERICA AND WEST INDIES. 285
1699.
Mr. Burchett's letter, advising that the Deale Castle was about to
sail for Newfoundland, read. {Board of Trade. Journal, 12.
pp. 65, 66; and 96. Xo. 92.]
June 15. 526. Solicitor- General to Council of Trade and Plantations.
I enclose report on an Act made in Jamaica in favour of Capt.
Tyrrell, and cannot report on the other Acts sent to me therewith
till I have spoken with certain persons and as to the truth of several
matters suggested thereby. Signed, Jo. Hawles. Enclosed,
526. i. Solicitor-General's report approving the Act of favour to
Capt. Usher Tyrrell in consideration of his sufferings by
the French. Signed, Jo. Hawles. Endorsed, Reed.
June 22. Read Feb. 8, 1699. [Board of Trade.
Jamaica, 8. Nos. 120, 120 1. ; and 56. j>/>. 336, 337.]
June 15. 527. Memorial of Mr. Weaver to the Council of Trade
and Plantations on behalf of Col. Sam. Gardner.
The petitioner, a man of great estate and extraordinary probity,
served as President of the Council and Lieut. Governor of Nevis
many years with impartial justice. At length one John Perry, a
most scandalous person, was by the interest of Governor Codrington,
made Provost Marshal of the Leeward Islands, and managed
Codrington's illegal trade, and one John Palmer was made Attorney
General by Codrington, a person since discharged from serving His
Majesty by reason of his speaking most scandalous words of
His Majesty and of her late Majesty of sacred memory ; these
two infamous persons had then such an influence on the late
Governor Codrington that they prevailed on him to take away
several of the ancient customs of the island, and to grant a
commission to one Charles Pym, a most scandalous person,
constituting him Chief Justice of Nevis and giving him many of
the powers and authorities belonging of right to the Lieutenant
Governor, on which the Assembly and greater number of the
inhabitants presented an Address to the General, wherein they
give the said Pym his true character and likewise express their just,
value for their Lieutenant Governor. But the said Perry and
Palmer, being enemies to Col. Gardner and the quiet of the island,
prevented a favourable answer to the said address and procured
a paper of instructions to be signed by Governor Codrington to
Col. Gardner abridging him of most of the powers and authorities
given him by the King's Commission, and was in effect a
total suspension of him without pretending to assign any cause.
The Assembly met three times and made a large address setting
forth their grievances, but were dissolved without any redress and
were not allowed to sit for 18 months. Gen. Codrington committed
to prison several of their members without any cause assigned in
the warrant, and threatened the rest. Pym, Perry and Palmer were
continued in their employments. The pretence of removing Col.
Gardner from his government for not taking the oath appointed by
the Act of Parliament of the 7th and 8th of King William will, I
don't question, appear to your lordships to be most malicious for
that Gov. Codrington did himself and most notoriously break the
Acts of Trade and traded with the Dutch at Curacoa during the
whole war, and likewise this Perry, besides his other infamies, was
286 COLONIAL PAPEES.
1699.
the particular instrument he made use of in that trade. Col.
Gardner actually took and justly discharged the oath to the Acts of
Trade at his entrance on his Government according to the Act of
Parliament of the 12th of Charles II., and never was made
acquainted with the latter oath, which he was obliged to take
by the Act of the 7th and 8th of King William, nor did ever
Gov. Codrington desire him to take it before the 25th of March
mentioned in the Act. Col. Codrington himself and all the
L.G.'s. under him never took the oath to the Acts of Trade
till he had been in office two years, till Mr. Main, Surveyor-
General of his Majesty's Customs of America, arrived and
administered the oath. It was not imputed to them as a crime,
because it had not been offered before. Col. Gardner voluntarily
took the oath, as soon as he was acquainted with it, about four
months after March 25. Moreover there was nobody in those parts
commissioned to administer it, and the Act only obliges Governors,
not Lieut. Governors to take it. Signed, T. Weaver. Endorsed,
Reed. June 19. Read June 29, 1699. 3 large pp. [Board oj
Trade. Leeward Islands, 6. No. 29 ; and 45. p. 376.]
June 17. 528. Minutes of Council of Massachusetts Bay. Committee
June 19. of Accounts relating to soldiers appointed. The Governor gave an
account of Emott's and Campbell's informations about Kidd, and
of a letter from the Governor of Rhode Island, relating to the same
affair. He wrote a letter, approved by the Board, to Capt. Kidd.
[Board of Trade. New England, 49. pp. 213-215.]
June 18. 529. Governor Winthrop to Council of Trade and Planta-
New London, tions. On receipt of your letter of Jan. 2, I immediately issued a
proclamation forbidding all assistance to the Scotch expedition.
In my letter of the 8th inst. I gave you an account how that
several pirates did some time in the month of Sept., 1698, run
away the ship Adventure of London, from. Polonis in the East
Indies, and brought her into this Sound, where they sank her, and
most of her loading, and that ten of the said pirates are seized
here, and money and goods to the value of about two thousand
pounds, which I have secured, and wait for His Majesty's pleasure
therein. I have received the Lords Justices' instructions of
Nov. 10, 1698, that the naval officers in this colony are to give
security for the due discharge of their trust according to the
directions in the Act of Parliament. At the same time I received
yours of Nov. 23, for the apprehending of Capt. Kid and his
accomplices ; and though it has not fallen to my share to seize him
and his treasure, yet he is happily fallen within the power of his
Excellency the Lord Bellomont's government, where he is secured
to give account of his voyage. The affairs of the colony are all well,
and a general contentment under the influence of his Majesty's
continued grace and favour. Signed, J. "Winthrop. Endorsed,
Reed. July 18, Read Sept. 20, 1699. [America and West Indies.
Connecticut, 531. Nos. 10 and 11.]
June 18. 530. Governor Blakiston to Council of Trade and Plantations.
Maryland. j n my i as t j May 20, I acquainted you with what steps I had made
in detecting illegal traders. To omit being too tedious I here
AMERICA AND WEST INDIES. 287
1699.
enclose a copy of my letter to Mr. Secretary Vernon. Repeats
substance of enclosed letter. Several pieces of muslin and calicoes,
91 pounds of Dragon's blood with some small quantity of coral were
found on board Gravenrod's sloop with no cocketts. She was seized,
tried and condemned. The gold which the Buckanier brought in
with him was reckoned as part of the cargo, as the law directs, and
the King's Receiver has demanded of me the third part due to His
Majesty, as also the officer which seized the sloop for the other
third part. I have told them I am ready to pay the money to them
as the law prescribes, but that they shall be obliged to give me a
Bond they will return it again if it shall be otherwise directed by
your Lordships or H.M. Secretary of State. I have found the
Attorney General appointed by Col. Nicholson not only very zealous
for His Majesty's person but vigorous in the prosecution of his
interest and he has been extremely diligent in assisting me
in this matter. I humbly beg leave to recommend him to your
Lordships' favour that some salary may be assigned to him. I
hope he will be found modest in his expectations and if a small
salary of 40 or ,50 as in the neighbouring governments might be
allowed him, it might easily be raised without any further burthen
to His Majesty, for it many times happens in the discharge of his
office he recovers many sums of money and tobacco as fines and
forfeitures to H.M. use. It is really a prejudice to him in point of
gain being Attorney General. Signed, N. Blakiston, Endorsed,
Reed. Read Sep. 1, 1699. Enclosed,
June 8. 530. i. Governor Blakiston to Mr. Secretary Vernon. In my
last to your Honour, May 22, 1 gave an acccount of
what I had done in obedience to your commands about
the Scotch men-of-war. An express came to me on
Sunday last from Col. Robert Quarry of Pennsylvania
that there was a pirate off of Delaware Bay. He meeting
with several disencouragements from that Government
in the apprehending them, immediately upon the
receipt of his letter I sent down a messenger to my
friend Col. Nicholson at Virginia who has a man-of-war
under his command, that they might, if possible, be
detected. Col. Quarry likewise informed me that ten
of the pirates was put on board a sloop from New
York bound to Virginia or this province, one Gravenrod,
Commander, and that night I sent to all the places I
suspected to endeavour to secure them, and on Tuesday
morning they came into Severen River. I had them
all before me and examined them severally and found
them triffle so various in their informations that I
seized their sloop and put them in prison. There was
but six men in all in the sloop, so I concluded they
had disposed of the rest. Five of them was known
here to belong to New York, but one I did greatly
suspect to be a buckaneer, which proved so. His name
is Theophilus Turner, and upon examination, with some
scrutiny, he told me, if I would save his life, he would
make an ingenious and genuine confession. I told
him I would not assent to any terms till I see
288 COLONIAL PAPERS.
1699.
how far he might deserve it. He has made his
whole information in three distinct depositions.
His first is of his manner of coming out of
England and how he came to be joined with those knot
of villains, as also what buckaneers one Capt. Shelly
brought over from Malagaskar and how they were dis-
tributed here and what vessels the rest of the ten men
were gone away in from this sloop, four whereof went
up Delaware Bay, the rest for England. Upon a general
confession I gave him a promise as far as was fit for me
that he should have His Majesty's grace, but that I
would not assent to anything further than to make
my application to your Honour to have your commands
therein. By what blind intelligence I have at present,
this Capt. Shelly that brought those buckaneers, which
was to the number of eighty or ninety passengers from
Malagaskar, was cleared from New York about ten
months ago. The other deposition is, what gold this
buckaneer, Theo. Turner, brought with him, which I
did conceive was the best way to avoid any suggestions
that I had received the least benefit by it. He would
gladly have made a tender to me of the money for his
pardon. I hope my integrity in this will be no bar to
any advantage may be allowed me in this genuine
declaration of mine. If I may have the honour of
having any credit with you, which it is so very well
known by dear bought experience upon the Exchange
of London amongst the merchants this Government is
not half the emoluments and advantage it was, for the
crops of tobacco are very slender and scarce, and like to
be so. I hope this may reach your hands before the
ships arrive in which above five or six of the buckaneers
are embarked for England. From the Bottom of this Bay
it is not above three days since they sailed. I did not
know of this ship's sailing till just now, so I sent a
messenger to Col. Quarry to give notice to England what
ships they are gone home in. Turner has likewise given
an account what buckaneers was at Malagaskar and
their numbers. Signed, N. Blakiston. P.S. June 13.
The above is duplicate of what I acquainted your
Honour five days ago ; since I cannot find any more of
the Pirates are come into this Government. I am
credibly informed they had appointed when they came
to England to rendezvous or meet at the Flushing Pinck,
which I take to be a little below St. Katherine's not far
from the Tower. Signed, N. Blakiston. Enclosed,
530. n. Copy of the first deposition of Theophilus Turner
referred to in preceding.
530. in. Duplicate.
530. iv. Copy of deposition of Theophilus Turner concerning
the movements of several pirates brought from Mada-
gascar to the West Indies by Capt. Giles Shelley of the
AMERICA AND WEST INDIES. 289
1699.
Nassau, from New York. Amongst those referred to is
Eobert Bradingham, " Kidd's doctor, who commanded
the Adventure galley."
530. v. Duplicate.
530. vi. Copy of deposition of Theophilus Turner. About
Christmas last he sailed into the Port of St. Mary, a
small island belonging to Madagascar, inhabited by
negroes under the command of Edward Welch, who
came from New England thither when he was a boy.
In company with the Moco, in which ship deponent
sailed, a ship of 400 tons mounted with 40 guns, was one
Capt. Sivers [a/so, Chivers] , with a ship which he had
taken from the Turks, having 22 guns and being a
bigger ship than the Moco, which now goes by the name
of the Resolution. At Port St. Mary's was likewise a
ship on ground said to be brought in there by Capt.
Kidd and reputed to be taken from the Moors or Turks
and at the time of the capture was commanded by
a Dutchman. There was likewise the Britan [? bottom]
of the Adventure galley, in which Capt. Kidd sailed from
New York and the ribs of one other Turkish ship
taken either by Capt. Hoare or Capt. Glover. There
are no fortifications at St. Mary's but Edward Welch has
6 guns at his house, which have no command of the
place where the shipping lie. At this place of St. Mary's
fort live Capt. Culliford and Capt. Sivers, who pretends
to be a Dutchman. There is one John Swann, a great
consort of Culliford's, who lives with him ; also there are
near an hundred English, French and Dutch which use
that island. There is a place or fort called Marisan, where
about twenty or thirty white men live. Deponent has
heard there are no fortifications there. There is another
place called Fort Dolphin, where there are about 30 white
men but no fortifications ; has heard that formerly there
was a regular port built by the French, and there one
Samuel, a mulatto, who came from the West Indies,
governs, but now the French being cut off there are no
fortifications. There lies the ribs of Capt. Hoar's ship,
who sailed out of New England. Marisan and Port
Dolphin are places upon the main island of Madagascar,
which is inhabited by a great many negroes. There is a
pirate ship out of the coast of India, who came from
Rhode Island or Long Island in America, which is a
leaky ship under the command of a certain person who
was cooper of her. She is a very bad sailer, has 70 or 80
men, a|x>ut 14 or 16 guns and called the Pelican. 3pp.
530. vii. Duplicate. [Board oj Trade. Maryland, 3. Nos. 70,
70 1. -70 vn. ; and (without enclosures), 9. pp. 391-397.]
June 19. 530A. Thomas Cutler to Council of Trade and Plantations.
I arrived with Mr. Good, Dec. 4, at Charlestown in Carolina. We
applied ourselves to our friends there who had suffered great loss
by the late fire, and were busied in rebuilding their houses. I
12208 T
290 COLONIAL PAPERS.
1699.
made the acquaintance of one Capt. Moore, whose account of the
silver mines I now offer to your Lordships. (See No. 202 1.) He
is the person best able to make such discovery and successfully
carry it on, and I humbly hope he may have encouragement.
Signed, Tho. Cutler. Endorsed, Reed. Read June 19, 1699.
Enclosed,
530A. i. James Moore to Tho. Cutler. In substance the same
as No. 202.1. 2 pp. [Board of Trade. Proprieties, 3.
Nos. 20, 20 1. ; and (icithout enclosure) 25. pp. 443-445.]
June 19. 531. Minutes of General Assembly of Massachusetts Bay.
June 20. Bill regulating proceedings in the Courts, with amendments, passed
June 21. and sent down. Bill directing the choice of a town Treasurer etc.,
read twice and committed. It was passed with amendments and
sent down together with the Bill for keeping watches. Militia Bill
June 22. rejected. A new one read, passed and sent down. The town of
Taunton ordered to be notified of the petition of the town of
Freetown praying their assistance in maintaining their minister.
An Excise Bill sent up read a first time. Private Bill docking an
entail (Samuel Searle and Jonathan Tyng) read twice and com-
mitted.
June 23. Bills about townships and watches engrossed, passed and sent
down. Excise Bill read the second time and committed. Bill
about Privateers debated.
June 24. The Board adjourned till the 26th owing to H.E.'s indisposition.
[Board oj Trade. New England, 48. pp. 302-306.]
June 19. 532. Journal of Council of Trade and Plantations. His
Majesty's Commission for the promoting of the Trade of this
Kingdom and for inspecting and improving his Plantations in
America and elsewhere. June 9, 1699. A new Commission for
the Board to the same effect as the former, except that the names
of the Earl of Bridgewater and the Earl of Tankerville are
omitted and the names of the Earl of Stamford and Lord
Lexington are inserted in their stead. Read.
Letter from Mr. Randolph to the Earl of Bridgewater, March 22,
about mines in Carolina, read.
Memorial from Mr. Thomas Cutler, who has lately returned from
Carolina where he has been in order to the discovery of silver
mines in pursuance of propositions laid before this Board, read.
Determination of the matter suspended till the arrival of Mr.
Good.
Ordered that the Secretary write to the Agents of Barbados to
solicit the Attorney General for the dispatch of his opinion upon
the Laws of that Island, and to Mr. Penn to move the Attorney-
General likewise for his opinion upon the Laws of Pennsylvania.
June 20. Draught of a Circular Letter to the Governors of Plantations
upon several heads read and ordered to be transcribed for signing.
Order of Council of May 18, relating to the settlement of Tobago,
read. Notice of it ordered to be given to the Governor of
Barbados.
Order of Council of May 31 upon the case of Mr. Sharp of
Barbados read.
AMERICA AND WEST INDIES. 29
1699.
June 20. Ordered that the Secretary write to Mr. Sansom to know what th<
Commissioners of Customs desire to have done.
Order of Council of May 31 directing the preparation of i
Commission for Col. Francis Collingwood read. Ordered that i
copy thereof be desired at the Secretary's Office.
Order of Council of May 81 upon the petition of the Proprietor)
of West New Jersey read. Ordered that they or such of them a
think fit attend the Board on Friday next. [Board of Trade
Journal, 12. pp. 67-82; and (without the Cojnmission) , 96. Noe
93, 94.]
June 20. 533. Col. Romer to Lord Bellomont. As ordered I presen
Boston. vou w jtn a small map of Castle Island and the fortifications thereon
And your Lordship having commanded a projection of a stronge
work, I have drawn it on the map. But my opinion is that
although the whole Castle Island were made one entire fortificatioi
and in condition to defend itself against a year's siege, as according
to the new design it might, yet this could only serve the inhabitant
of Boston and neighbourhood to secure their riches, but could no
hinder but that an enemy might blockade and commit all manne
of outrages even to bombarding, except the coming in at the passage
from the sea be secured, and by that means an enemy be forced to
stand off to sea. For if an enemy be suffered to lie in Nantasket
Road, then he is master of you ashore, as also the vessels tha
would come to your assistance. It is therefore necessary that th
passages and channels be secured against an enemy's entering ir
by two well-placed and defensive batteries, each of fifty cannons
well regulated so that they may make good defence in front, flan!
and rear. If Nantaskett Harbour be left open to the disposition c
an enemy, he is able without trouble to make himself master of al
the adjacent islands and instate himself to insult over you at hi
pleasure. I do not say the fort on Castle Island is of no use ; I ar
assured it may do much service, and therefore am of opinion tha
the batteries as well as the fort be made as is set forth in the map
Signed, Wolfgang Willm. Romer. If pp. [Board of Trade. Ne>
England, 9. No. 60A.]
June 21. 534. Copy of Robert Clowes' Patent (Sept. 16, 24th c
Charles II.) for the place of Clerk of the Supreme Court in Jamaica
Brought to the Board by Sir Robert Cotton. Endorsed, Reed
June 21, 1699. 9pp. [Board of Trade. Jamaica, 8. No. 121.]
June 21. 535. R. Yard to Council of Trade and Plantations. Th
Whitehall. Lords Justices command me to refer enclosed petition to you
Signed, R. Yard. Endorsed, Reed. Read June 22, 1699. Enclosed
535. i. Petition of Sir Stephen Evance, Jeffrey Jeffreys, Johi
Stafford and William Richardson, merchants of Londoi
trading to America. The agent of the Royal Guinn;
Company of Portugal, undertakers of the Spaniel
Assiento for importing negroes into the Spanish Wes
Indies, is contracting with petitioners and others to
carry them to Cartagena etc. We pray your Excellencie
to give effectual orders to the Governors of Barbados an<
Jamaica or the Admiral or the C.-in-C. there to give al
292
COLONIAL PAPERS.
1699.
June 21.
June 22.
June 21.
June 22.
June 21.
June 22.
June 21.
June 21.
June 22.
assistance to the ships engaged in this trade. Copy, 1 p.
[Board oj Trade. Jamai 
