America and West Indies: July 1694

Pages 301-315

Calendar of State Papers Colonial, America and West Indies: Volume 14, 1693-1696. Originally published by His Majesty's Stationery Office, London, 1903.

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July 1694

July 1.
1,118. Certificate of Colonel Henry Holt. That Paul de Brissack served as a volunteer in Bolton's regiment at the taking of St. Kitts, at Mariegalante, Guadeloupe and Martinique, at which last he was dangerously wounded. On board H.M.S. Diamond, wherein he was a passenger, he behaved with great courage at the defence of the ship and was thrice wounded. After the capture of the ship he was much ill-treated by the enemy, who stripped him naked and threw him into prison at St. Malo, where I saw him in a sad condition. He also remitted me a sum of money, which I had put in my chest, and which I lost, with everything else of my own. Signed. H. Holt. Copy. 1½ pp. [Board of Trade. Leeward Islands, 4. No. 38.]
July 1.
1,119. Lieutenant-Governor Usher to Lords of Trade and Plantations. I send the proceedings relating to the suspension of Mr. John Hincks. As to his answer thereto, he was summoned to hear the charges and proofs against him but refused to attend. After his suspension he caused great disturbance by giving out that neither he nor any of the people would obey warrants issued by Captain Fryer, who by the King's instructions was to succeed him in Council. Last April I sent a warrant to the Captain of the fort to demand of Hincks two barrels of powder taken by him out of the King's stores, or £28 in purchase of the same. He disobeyed the order and still retains the money received for the said powder. I should have no help in further proceedings against Hincks, so await your instructions. The Assembly met in May. I enclose copy of my speech, and of their answer, which I take as a reflection on the King's commission. I offered to the Assembly to lay before the King proposals for the security of the place and the support of the Government. After ten days' sitting they sent their answer, than which, I submit, no greater affront was ever put on the King's commission, namely Luke xiv., 28, 29, "This man began to build and was not able to finish." Thus though there is absolute necessity to raise money for the preservation of the place they positively refuse to do so. The meaning is that if the King will keep New Hampshire as a separate province, he must do so out of his own Exchequer in England; and if the King expects them to support it he will find that he has not first sat down to count the cost. I have given £300 of my own money to the expenses of Government and much of my time, but to this day have not received a penny. I have tried with abundance of civility and patience to gain them, but unless they may govern as they please they will do nothing. I have also committed William Partridge, the Treasurer, to the fort, until he gives security in £2,000 to answer to the Commissioners of the Treasury in England. I have repeatedly told him of the Royal order that no money shall be issued from the Treasury unless first allowed in Council and a warrant signed by the Governor or President and countersigned by the Secretary. Yet he disobeys this order; he refuses to pay money according to my warrant and pays it away to other persons without warrant. In his accounts he has charged the King with £36 for clamps for the fort, when not a penny of work was done; and he has paid away great sums for work of which no particulars were laid before Council, contrary to my positive order. Again, besides his own salary he has charged the King with £18, for money converted to his own use out of the King's revenue, without any order in Council. The Council called him to account for this, but he says that what is not allowed in his accounts will be given credit for, which is as much as to say, catch a thief, let him go, and he will pay that which he has stolen. This behaviour of the Treasurer is due not to ignorance, but to wilfulness and contempt of the King's commission. He refuses to give me copies of his receipts and vouchers; I am sure Government by the King's commission was never so sorely tried as in New Hampshire. Though the people are but few, yet being awed by two or three persons they do all that in them lies to affront the Royal authority. I am sorry to give you so unsatisfactory an account. When they could govern themselves the people's purses could be stretched to pay for their irregularities, though they were poorer than they are now; but now, let the King appoint a Governor and if they do not kill him outright they will starve him to death before they will give one penny to his subsistence. Signed. John Usher. 2 pp. Endorsed, Recd. 9 March, '94. Read 22 May, 1695. Enclosed,
1,119. I. Copy of the orders and warrant for John Hincks to appear and answer the charges against him. Sworn evidence of Captain Shadrach Walton that John Hincks removed four barrels of powder out of the King's stores, without the Lieutenant-Governor's order and without his own knowledge. Further evidence that the Treasurer gave an order for payment of £25 to Captain Walton out of the rates, which rates Hincks gave orders not to be gathered. The Treasurer, being asked why he paid this money without warrant, gave assurance that he had paid none without an order in Council.
Reasons for suspending John Hincks. That he had taken upon himself to prove wills, etc. without authority, and refused to give up the said wills. That he had taken, without orders, four barrels of powder from the King's stores, sold them, and converted the money to his own use, and refused to return either the powder or the money. That he had ordered the sum of £25, for which a warrant had been issued by the Treasurer for payment to Captain Walton, not to be collected; and that he had refused to attend and answer these charges when summoned. Copy. 2 pp. Endorsed, Recd. 9 March, 1694–5.
1,119. II. Speech of Lieutenant-Governor Usher to the Assembly of New Hampshire. 18 May, 1694. I must remind you of the King's gracious care in taking you under his immediate Government, and sending you great guns and powder to the value of £1,500. You have been witnesses of my own care for the province, yet I have not received a penny from you. Let me remind you of the passage in Corinthians, "No man goeth to war at his own charge." Sundry debts are due for wages due to soldiers and to garrisons, and money is needed for repair of the fort, and for building a house for the King's stores, which I judge may amount to £1,000. Also money is needed for the support of the Government. If you strengthen not my hands you cannot expect such assistance for defence and security of the province as I could wish to give. I beg that you will despatch this business speedily.
Answer of the Assembly. We know that to raise money for security and defence of the province is as much for our own interest as for the King's service. We are satisfied with your quotation from Corinthians, and would answer it by Luke xiv. 28, 29. Now that the cost can be counted we find that we cannot defray so much as £1,000. Even a less sum could not be collected for several months, for most of the people depend on corn and cattle for money from which to pay their rates, and neither will be fit for market for a considerable time. We hope that the money in the Treasurer's hands and current revenue will suffice to pay the province's debts. We shall defer any support to the Government until we hear the result of the Secretary's mission to England.
Message of the Lieutenant-Governor. You kept me so long waiting for your answer, that I hope you will not judge my delay in replying too hardly. You did well to remind me of Luke xiv. 28, 29, and I ask you to choose two members to form a joint committee to count the cost of repairing the fort. 21 May, 1694.
Answer of the Assembly. Having already given you our views as to raising money, we beg respectfully to refer you to them, as we can give no other answer. 21 May, 1694.
Message from the Lieutenant-Governor. To refer to your former statement is no answer. 24 May, 1694.
Message from the Assembly. Then we answer Nay.
Message from the Lieutenant-Governor. I ask you for £602; viz. £202 due for work already done at the fort, £100 for a store house, and £400 for a sconce of refuge.
Answer of the Assembly. We cannot raise the money, and we believe the money in the Treasurer's hands and the current revenue to be sufficient to pay our debts and for present needs. Besides you tell us that the whole of our affairs have been submitted to the King, so we loyally await his pleasure.
Message from the Lieutenant-Governor. The King will judge of your loyalty, when you refuse to join in estimating the cost of work necessary for the safety of the country. I have submitted the Council's estimate to you, and showed you my commission to erect forts, but you refuse to grant the money. You are therefore dissolved.
Minutes of Council of New Hampshire. 19 May, 1694. The Treasurer presented his accounts, and on examination replied as follows, That he had no authority to take £18 for himself, that he had not paid to an officer the sum ordered by warrant, that he had Mr. Hincks's order to pay £36 for clamps when the work was not done, that he had an order of Council for a certain payment of £5, but neither order nor warrant for another payment of £8. The Council disallowed the charge of £36 and £8; and a warrant was issued for taking the Treasurer, William Partridge, into custody. The whole, 4 pp. Inscribed, Recd. 12 Nov. 1694.
1,119. III. A copy of the Minutes of Council of 19 May, 1694, above abstracted. 2 pp. Endorsed, Recd. 9 March, 1694–5.
1,119. IV. Abstract of the items objected to in the Treasurer's accounts, amounting to 136l. ½ p. Endorsed, Recd. 14 Nov. 1694. [Board of Trade. New Hampshire, 1. Nos. 35, 35 I.–IV.; and (without enclosures) Col. Entry Bk., Vol. LXVII., pp. 257–261.]
July 2. 1,120. Minutes of Council of Nevis. Letter to Governor Codrington. We are deputed by the Council and Assembly to represent to you the unkindness of Lieutenant-General Hill to this Island. For two years past he has put a guard over the salt-ponds in St. Kitts to prevent any (except certain persons) from gathering it, until a few days ago the rain fell and wasted it. This year again there appeared a vast quantity of salt, but he refused permission to gather it till the 18th of May, when the rains fell and continued so long as to waste it for this season. Consequently, if the French should take our provision ships, we shall be compelled to make use of our stock, which will soon be consumed. This will be a hardship to all and especially to the poor. We beg you to grant us free access to the salt, without restraint, as the seasons may offer. The Lieutenant General also has often been desired to exchange shot with us, weight for weight, since much of ours is too big for our guns and much of his too small for his own; but he returns no answer. Again we require a gunsmith to repair our arms, but though he promised us to send us one, he has not done so, and many have been put to great expense in taking their arms to St. Kitts for repair. We also complain that many of our runaway negroes are detained in St. Kitts under colour of an order for paying 1,000 lbs. of sugar per head and sixpence a day for them during their imprisonment, which sums, if due notice be not given, may amount to more than their value. Signed. Jno. Smargin, Jno. Cole. [Col. Entry Bk., Vol. XLVIII., p. 290.]
July 2.
1,121. Lieutenant-Governor Sir William Beeston to Sir John Trenchard. I enclose copy of mine of 23 June. The enemy are twenty-two sail and three thousand men and odd, as appears from the account of a deserter, which agrees with that of some escaped British prisoners. Most of their ships are now at Port Morant and their men ashore thereabouts, burning and destroying all they meet. Some men have been killed on both sides, but few, for it is too far for us to march against them, and also very unsafe, for they are watching for us to divide our forces, when they will fall on our strength hereabouts. We have nothing at sea but the Advice, and she has but seventy men, though she has been pressing ever since last November and has frightened all our seamen away, put the Crown to great expense and done us no service. The least I can expect is that the enemy will destroy all the outparts; and, as they have command of the sea, this part here will not be able to support the people and forces here as well as the many that will be ruined when the enemy is destroying. So I can only commend our condition to the King and beg for speedy relief. P.S.—July 4th. They are now burning all in St. George's and St. Mary's. Duplicate. ½ p. [America and West Indies. 540. No. 39.]
July 2. 1,122. Minutes of Council of New York. The Governor referred the Council to the minutes of his proceedings in Pennsylvania, and ordered the news of the treaty between the French and Indians to be read. Letter from Governor Treat read, reporting a rumour in Connecticut that Governor Fletcher had threatened to proclaim war against the Five Nations unless they should come in within a hundred days. Order for the proceedings at Albany to be printed and distributed in order to check these false reports. Resolved to summon the justices who are negligent in collecting taxes before the Governor and Council. [Col. Entry Bk., Vol. LXXV., pp. 531, 532.]
July 3. 1,123. Minutes of Council of Jamaica. Order for the arrest of Captain Usher Tyrrell for insubordination and conniving at desertion. Leave given to despatch a vessel to the Spanish coast to warn ships not to come to Jamaica. [Board of Trade. Jamaica, 77. p. 284.]
July 4. 1,124. Minutes of Council and Assembly of Montserrat. Act passed for reimbursement of those who have lent money to the Island. [Col. Entry Bk., Vol. XLVIII., p. 329.]
July 5. 1,125. Minutes of Council of New York. Orders for sundry payments. John Van Comp's case about a grant of land referred to a Committee for examination and report. A Committee appointed to see to the repair of the Governor's lodgings in the fort. Order for leasing the cellar under the Custom house to the best advantage, it being valueless for the public service. [Col. Entry Bk., Vol. LXXV., pp. 531–533.]
July 5. 1,126. Minutes of Council of Massachusetts. The Lieutenant-Governor presented the King's letter with orders as to the charges against Sir William Phips. The 17th inst. was appointed for receiving of evidence. [Col. Entry Bk., Vol. LXIV., pp. 255, 256.]
July 5. 1,127. Petition of William Penn to the Queen and Privy Council. Protesting against the inclusion of Pennsylvania in Governor Fletcher's commission. 1 p. Inscribed, Read 5 July, 1694. Referred to Mr. Attorney and Solicitor General. [America and West Indies. 599. No. 11; and Col. Entry Bk., Vol. LXXVI., pp. 41, 42.]
July 5. 1,128. Order of the Privy Council. Referring William Penn's petition to the Attorney and Solicitor General for report. [Col. Entry Bk., Vol. LXXVI., p. 42.]
[July 5.] 1,129. A collection of documents relating to the sailing of the merchant fleet from Barbados in May, 1694.
1,129. I. Petition of 22 masters of ships to Governor Kendall. Praying to be allowed to sail without convoy, as their men are dying so fast. Copy. 1 p. Endorsed by Governor Kendall, to the effect that he refused the request and read Governor Codrington's letter of 14 March (No. 950) as his reason.
1,129. II. Another petition of 18 masters to be allowed to sail to England without convoy. Copy. 1 p.
1,129. III. Reasons given by 23 masters of ships, at Governor Kendall's request, against the despatch of a swift advice sloop to England in advance of the convoy. Copy. 1 p.
1,129. IV. Petition of masters of ships to be allowed to sail on 6 May. Copy. 1 p.
1,129. V. Petition of masters of ships for the sailing of the convoy to be delayed until 8th May. Copy. 1 p.
The whole of the foregoing endorsed, Recd. 5 July, 1694. [Board of Trade. Barbados, 5. Nos. 64, 64 I.–V.]
July 7. 1,130. Minutes of Council of Jamaica. Orders to the inhabitants to apply themselves to planting provisions; for the two negro deserters from the French to be liberated; for supply of provisions to destitute persons and hired labourers; for despatch of sloops to England and Barbados; and for all serviceable negroes to be sent in to the town. [Board of Trade. Jamaica, 77. pp. 284, 285.]
July 7.
1,131. Lieutenant-Governor Sir William Beeston to Lords of Trade and Plantations. I send copies of mine of 23 June and 2 July, by this, my third express. The French fleet is still at Port Morant, from which they send out vessels to burn and destroy, and I dare not send parties after them, lest they should fall on us here when we are weakened. They could be on us in four hours and they do not want for intelligence amongst us, by Irish and others. Two days since four or five armed Irish with us contrived to run away to them, but the plot was betrayed by one of them, and the ringleader tried by court martial and executed. Some of our people who have lately escaped from them report that they still design against Port Royal and our united strength, when their ships and men are reunited. We will do our best to defend it, and I think that if they had any hopes of carrying the Island they would not be so barbarous, for they spare nothing alive, except mankind, and those they punish and torture. They burn and destroy all that will burn, fill the wells with dead cattle and do all the mischief that they can. This will put us to great want, so if ships be sent they should bring us flour, white bread and pease. Signed. Wm. Beeston. ½ p. Endorsed, R. Oct. 12, 1694. [America and West Indies. 540. No. 39.]
July 7.
1,132. Order of the Queen in Council. Report of the Lord Chief Justice and Attorney General, recommending the grant of a Charter of incorporation to Sir Matthew Dudley and Company for working minerals in New England. Dated, 1 July, 1692. Ordered that a warrant for the passing of the necessary letters patent be prepared. Signed. John Nicholas. [Col. Entry Bk., Vol. LXII., pp. 450–454.]
July 9. 1,133. Minutes of Council of New York. Order for arrest of Cornelius Jacobs, master mariner, for illegal trading. The Governor reported that after long silence as to the defence of the frontiers Sir William Phips had written to ask the issue of the negotiations with the Indians, and in what manner he could help to preserve them to alliance with the English. Resolved to send him a copy of the proceedings and of the latest intelligence. Orders for sundry payments. [Col. Entry Bk., Vol. LXXV., pp. 533, 534.]
July 10. 1,134. Minutes of Council of Barbados. Orders for sundry payments. [Col. Entry Bk., Vol. XII., pp. 454–457.]
July 10. 1,135. Journal of Assembly of Barbados. No quorum. The Assembly expired this night. [Col. Entry Bk., Vol. XIV., p. 368.]
July 10. 1,136. Minutes of Council of Massachusetts. Order for a Committee to take account of all the bills in the Treasurer's hands and give him a receipt for the same in discharge of his account so far, taking a receipt from him for such sum in the said bills at net value. The question of an expedition against Villebon's force in St. John's River was deferred for further consideration. [Col. Entry Bk., Vol. LXIV., pp. 257, 258.]
July 11. 1,137. The Attorney General to Lords of Trade and Plantations. I have heard the Agents of Massachusetts and Rhode Island as to the question of boundaries. Here follows a recital of the charters and of the arguments of both parties. Upon the whole matter it seems to be an intricate and difficult matter how to ascertain the true bounds of these colonies, the boundaries fixed by the charters being obscure and seeming to interfere with each other, or at any rate being disputed by the parties. I can find no certainty to go upon, and cannot tell how the question can be settled except by appointing some commission or other authority on the spot to enquire and ascertain the truth. I have heard no more as to the substantiation of the claims made by the Earl of Arran. Signed. Edw. Ward. 2 closely written pages. Endorsed, Recd. 18 July, 1694.
Rough draft of the foregoing, dated 10 July, 1694. [Board of Trade. New England, 7. Nos. 34, 34 A.; and 35. pp. 138–146.]
July 12.
1,138. Order of the Privy Council. Referring the report of the Attorney and Solicitor General on the right of government in Pennsylvania to Lords of Trade and Plantations for report. Signed. Wm. Bridgeman. ½ p. Annexed,
1,138. I. Report of the Attorney and Solicitor General. We think that in such exigencies as are described in Governor Fletcher's commission the Crown has legal right to grant such a commission; but that when those reasons fail or cease the right of government belongs to William Penn. Signed. Edw. Ward, Tho. Trevor. Copy. 2 pp. The whole endorsed, Recd. 13 July, '94. [America and West Indies. 599. Nos. 12, 12I.; and Col. Entry Bk., Vol. LXXVI., pp. 43–45.]
July 12.
1,139. Order of the Privy Council. Referring a report from the Lords of the Treasury as to illicit trading to Virginia, Maryland and Pennsylvania, to Lords of Trade and Plantations for their recommendations. Signed. Wm. Bridgeman. ½ p. Annexed,
1,139. I. Lords of the Treasury to the King. 10 July, 1694. We have considered the presentment of the Commissioners of Customs, referred to us. We are satisfied that the merchants who trade fairly to Virginia and Maryland have great cause for complaint. We can think of no better remedy than the appointment of a suitable vessel with a commander experienced in such matters to cruise on those coasts and inspect the Collector's books. Such an officer, under the supervision of the Governor, would be very valuable. It would be well too if the Governors were directed to send home more frequently lists of ships that clear in the Colonies. Signed. Godolphin, He. Fox, Cha. Montague, J. Smith. Copy. 1 p.
1,139. II. Presentment of Commissioners of Customs. If our recommendations of 22 February be now adopted (see No. 1,105 I.) we recommend that Colonel Nicholson, now going Governor to Maryland, may be empowered to hire a vessel of about 40 tons with a competent commander, to put a stop to illicit trade on that coast, the cost being defrayed from the King's share of one third of all forfeitures under the Acts of Trade. Copy. 1 p. The whole endorsed, Recd. 13 July. Read 8 Aug. 1694. [Board of Trade. Virginia, 5. Nos. 51, 51 I., II.; and (without enclosure II.) 36. pp. 263–265.]
July 12. 1,140. Minutes of Council of New York. The Governor reported that the King was about to send four companies of regular troops to New York, and claimed the Council's gratitude for the same. On the Governor's producing an Order in Council granting to him the penny a pound duty, it was ordered that Major Ingoldsby's accounts be examined to see what he received in the interval between Governor Sloughter's death and Governor Fletcher's arrival. Order for a committee to consider the best way of remitting money to England for payment of sums due to the offices there. The King's letter as to the building of a chapel in the fort read. The Governor announced that he must shortly meet the Indians at Albany and that it would be well to make a shew of armed force, so proposed to write to New England and Connecticut to send each 100 men, and to instruct Major Schuyler to summon the Indians to meet him. Approved. Order for John Borrein to give satisfaction for negligence in collecting taxes. Order for sundry payments. The question of appointing an officer to regulate the scales and measure of money was referred to the Corporation of New York. [Col. Entry Bk., Vol LXXV., pp. 535–537.]
July 12.
1,141. Nathaniel Byfield to Lieutenant-Governor Usher. Our Governor's treatment of the Assembly in the past year has been such as I think can be parallelled in no place belonging to the English nation. When the old Treasurer's account was laid before the House, we found very great charges for money expended by the Agents. I objected to this being brought into the province account, in that Plymouth having employed no Agents had nothing to do with any charges before the Governor's arrival. The matter being debated at large in the House, I and three men were sent up to the Governor and Council to argue it there. I kept to the point that the Colony of New Plymouth empowered no one to appear for it in England, and quoted the charter itself; whereupon the Governor with great spirit and rashness said that that was a Whitehall stroke; to which I made no reply, supposing that he knew Whitehall better than I. Here follows a brief repetition of the story of the five members as in No. 1,089. 2 pp. Endorsed, Recd. 7 Sept. 1694, from Mr. Usher. [Board of Trade. New England, 7. No. 35.]
July 12.
1,142. Governor Sir William Phips to the Earl of Nottingham. I have received the King's letter summoning me home to answer the charges against me. As soon as the preparations therein directed are complete I shall embark, and I hope no delay will arise through a journey which I am making to the Eastern parts, which is judged absolutely necessary to secure the peace with the Indians. But if it should retard my coming for a few weeks I hope that I shall be excused, the matter being of the greatest importance to the Colony. Signed. William Phips. 1¼ pp. Endorsed, R. Sept. 20, '94. [America and West Indies. 561. No. 41.]
July 12. 1,143. Minutes of Council of Massachusetts. The Council agreed, but not without misgiving on the part of many, that the expedition against Villebon should be undertaken. Order for payment of £50 to Increase Mather, of £65 each to John Leverett and William Brattle, fellows of Harvard College, and of £500 to Sir William Phips. [Col. Entry Bk., Vol. LXIV., pp. 258–259.]
July 13. 1,144. Journal of Lords of Trade and Plantations. The report of the Attorney and Solicitor General as to Mr. Penn's right in Pennsylvania read (see No. 1,138 I.) and Mr. Penn called in, who undertook to repair thither, take over the government and comply with the royal commands as to assisting New York. He also produced two Acts of the Assembly submitting to the Royal pleasure and providing money for the support of the Government. Agreed to recommend that Mr. Penn be restored to the administration of the Government of Pennsylvania. [Board of Trade. Journal, 7. pp. 299–302.]
July 13. 1,145. John Povey to the Attorney General. Forwarding the Acts of Pennsylvania, for report as to their fitness to be confirmed. Draft. ½ p. [America and West Indies. 599. No. 13; and Col. Entry Bk., Vol. LXXVI., p. 49.]
July 13.
St. Swithin's
1,146. Mr. Heathcote to John Povey. I think that the two companies should be sent direct to New York; but if this cannot be and if they must be sent in the mast-ships to Boston, then the Government of Massachusetts must be instructed to provide for their immediate transport to New York, the men-of-war on the coast carrying as many as possible and a hired ship the rest. Signed. Gilbert Heathcote. ½ p. Endorsed, Recd. 13 July, '94. [Board of Trade. New York, 5. No. 65.]
July 14. 1,147. Minutes of Council of Maryland. The sheriffs for the nine counties appointed, and their commissions ordered to be prepared. Orders for delivery of ammunition for the defence of several counties, and for obtaining evidence against the Anacosti King. Order for all records as to probate of wills during the Revolution to be searched out and returned. An embargo ordered on all ships for Europe after the 23rd inst. [Board of Trade. Maryland, 13. pp. 27–29.]
July 15. 1,148. Minutes of Council of New York. On receipt of news from Albany that the Indians had sent belts of wampum to desire the Governor to meet the Five Nations, it was ordered that Major Schuyler should send them an answer holding them to their promise, and fixing the 15th of August as the day of meeting. [Col. Entry Bk., Vol. LXXV., pp. 537, 538.]
July 16. 1,149. John Povey to the Agents for Massachusetts. Requesting their attendance at the Committee of Trade and Plantations on the 18th inst. when the Attorney General's report on the boundaries of Rhode Island will be considered. Draft. ½ p. [Board of Trade. New England, 7. No. 36.]
July 17. 1,150. Minutes of Council of Massachusetts. Mr. Jahleel Brenton appeared and presented several affidavits as to his charges against Sir William Phips. [Col. Entry Bk., Vol. LXIV., p. 260.]
July 17. 1,151. Speech of Lieutenant-Governor Usher to the Council of New Hampshire. Captain George Long and several others have taken up arms to oppose the execution of a warrant ordering him to appear before me. A warrant was then given to Captain Walton to bring him to me, but this was opposed by him and by some of the men listed as soldiers for the fort. I ask you therefore to advise what shall be done.
The Council recommended that Captain Long ought to be prosecuted according to law. 1 p. Endorsed, Recd. 7 Sept. '94. Annexed,
1,151. I. Depositions of Thomas Cobbet, Robert Tufton and Captain Shadrach Walters as to the resistance offered by George Long to the said Captain Walton on his boarding Long's ship to serve the Governor's warrant. 4 pp. Endorsed, Recd. 7 Sept. '94.
1,151. II. Copy of Tufton's and Cobbet's evidence only. 2 pp. Endorsed, Recd. 9 Mar. '94–5.
1,151. III. Further depositions as to George Long's behaviour, and a copy of Captain Walton's deposition. 3 pp. Endorsed, Recd. 9 Mar. '94–5.
1,151. IV. Copies of the warrants issued and returns made on the occasion. 1½ pp. Endorsed, Recd. 7 Sept., 1694. [Board of Trade. New Hampshire, 1. Nos. 36, 36 I.–IV.]
July 18. 1,152. Journal of Lords of Trade and Plantations. Draft report as to Mr. Penn's rights in Pennsylvania read, and held back till the Attorney General's report on the laws of Pennsylvania shall be received.
The Attorney General's report on the boundaries of Rhode Island read; and a Commission ordered to be prepared for impartial persons to enquire into the matter.
The report of the Commander of the convoy to Newfoundland read and referred to the Admiralty. [Board of Trade. Journal, 7. pp. 302, 303.]
July 18. 1,153. Reports as to the attacks of the Indians on Oyster River. Captain Packer marched up from Bickfords' Garrison, but found the Indians withdrawn. He left men to levy 35 people. The enemy was strangely barbarous. They conjecture that about 60 people were killed or taken. The people at Oyster River reckon that there were at least 200 Indians, Southern Indians judging by their barbarity, for they scalped in an unusual manner. Signed. Wm. Redford.
Captain Packer marched with 60 men to relief of Oyster River, embarked and landed at Bickford's Garrison, which had withstood the enemy. But one man was left in it, by name Bickford, but he had five or six guns and dared the Indians to come in. The enemy had left some hours before we came, so Packer buried the dead, reinforced the upper garrison and re-embarked. Signed. Tho. Packer. Copy. 1 p. Endorsed, Recd. 7 Sept. 1694. [Board of Trade. New Hampshire, 1. No. 37.]
July 18. 1,154. Minutes of Council of Virginia. Orders for sundry payments. Henry Hartwell and James Blair sworn of the Council. Order for particular care in the Rangers to guard Brent Town. Order for the fleet in James River to be allowed to sail. James Jossey complaining that he was assaulted and beaten in Nancymond Court, the said Court was ordered to answer the complaint. The Governors of the College gave in a letter from the Commissioners of Customs for record. Two letters from the Commissioners of Customs read as to illicit traders now on their way to Virginia, and as to certificates of masters carrying tobacco to England.
Order for the guns on Rappahannock River to be brought to James Town. The justices of Charles City attended, and on making their submission were discharged. [Col. Entry Bk., Vol. LXXXIV., pp. 865–870.]
July 19. 1,155. Minutes of Council of Massachusetts. Information being received of the surprise of Oyster River by the enemy the Governor declared his resolution to go thither forthwith, so the further collection of evidence regarding the charges against him were deferred until his return. Order for payment of Captain Timothy Clarke for building and equipping the galley Province. Order for payment of £250 to James Taylor for salary, and for repayment of £342 for bills drawn by Increase Mather and Elisha Cooke during their Agency in England. [Col. Entry Bk., Vol. LXIV., pp. 260–262.]
July 19. 1,156. Minutes of the Council of New York. Order for presents to certain Indians. Patents for land granted to William Barker, Thomas de Key and George Harrison and Company. Order for sending home the money collected for redemption of captives in Algiers. [Col. Entry Bk., Vol. LXXV., pp. 538, 539.]
July 20. 1,157. Minutes of Council of Jamaica. A messenger from Colonel Lawes, to give account why he had disobeyed the Governor's orders, was heard and dismissed. Order for the party at Vere to retire to St. Dorothy's unless strong enough to repel the enemy. [Board of Trade. Jamaica, 77. p. 285.]
July 20. 1,158. Duplicate copy of the Orders of the Council of Virginia from 14 April to 20 July, 1694. 11 pp. [America and West Indies. 638. No. 17.]
July 21.
1,159. Governor Sir Edmund Andros to Sir John Trenchard. Henry Hartwell and James Blair have been sworn of the Council. On the 19th inst. Governor Nicholson proceeded from hence to Maryland. Some strange Indians having been seen on the frontier I have reinforced the rangers on the James and Potomac rivers. Signed. E. Andros. ½ p. Endorsed, R. Sept. 14, 1694. [America and West Indies. 638. No. 18.]
July 23. 1,160. Lord Howard of Effingham to Lords of Trade and Plantations. I can give no further report on Captain Gardner's petition than I have already given; but I repeat that I believe he did very great service in apprehending Nathaniel Bacon, and that he has never received any of the promised reward of £200, except the £25 that I gave him. Signed. Effingham. Holograph. ½p. Endorsed, Recd. 27 July, '94. [Board of Trade. Virginia, 5. No. 52; and 36. p. 279.]
July 23. 1,161. List of ships, seventeen in all, bound from Virginia to England on 23 July, 1694. 1 p. [Board of Trade. Virginia, 5. No. 53.]
July 25. 1,162. John Povey to the Attorney General. Ordering him to prepare a draft Commission for persons to enquire into the matter of the boundary of Rhode Island and New York. [Board of Trade. New England, 35. p. 147.]
July 25. 1,163. The Attorney General to Lords of Trade and Plantations. I have perused the Laws of Pennsylvania. There is one law about erecting a Post Office, in which it is not evident to me what right Andrew Hamilton has under the Crown. Also in the laws as to intestates no care is taken for payment of debts due to the Crown. With these exceptions I see no reason why the laws should not be confirmed. Signed. Edw. Ward. ½ p. Endorsed, Read 27 July, '94. [America and West Indies. 599. No. 14; and Col. Entry Bk., Vol. LXXVI., pp. 49, 50.]
July 25. 1,164. The Attorney and Solicitor General to Lords of Trade and Plantations. We have examined Mr. Penn's title to the County of Newcastle and the tracts dependent thereon, by virtue of which he affirms that he held that country as surely as Pennsylvania until Colonel Fletcher's commission. Signed. Ed. Ward, Tho. Trevor. 1½pp. Endorsed, Read 27 July, '94. [America and West Indies. 599. No. 15; and Col. Entry Bk., Vol. LXXVI., pp. 45–48.]
July 26. 1,165. Minutes of Council of New York. Jacob Kersteed appointed sheriff of King's County. Patents for land granted to Arent Prael, Abraham Marlen, Jarvis Marshall, William Welch and William Pinhorne. Orders for sundry payments. [Col. Entry Bk., Vol. LXXV., pp. 539–541.]
July 26. 1,166. Journal of Lords of Trade and Plantations. Several Virginian merchants heard on the matter of convoy.
Order for the Admiralty to be asked what orders have been given for victualling the soldiers on their passage to New York, and whether the transport can sail with the Newfoundland convoy.
July 27. The Queen's order for the embarkation of the soldiers for New York to be obtained and Mr. Povey to go to the Navy Office and Victualling Office to see that all is ready.
The Attorney General's report as to Mr. Penn's rights to Newcastle and Delaware read, and Mr. Penn being called in consented to bind himself by an agreement as to certain matters and to subscribe the declaration of fidelity to Their Majesties. [Board of Trade. Journal, 7. pp. 303–306.]
July 26. 1,167. Minutes of Council of Maryland. Francis Nicholson's commissions as Governor and as Vice-Admiral were read, also the names of the Council appointed in his despatches.
July 27. The Governor and the Council were sworn, also Henry Denton, the Clerk. Proclamation of the Governor's accession ordered. The Governor asked the Council to provide him with an account of the state of the ecclesiastical, civil and military affairs of the country. Petition of Captain John Hurle that some person may be appointed to receive the King's share of a French prize captured by him. Order for Governor Copley's commission of Vice-Admiralty to be examined. Order for an embargo on all ships for Europe until 13 September. The bodies of Governor and Mrs. Copley being still uninterred it was ordered that they be buried in a vault at next Provincial Court with all the decency and grandeur of which circumstances will admit. The Governor asked as to the truth of the rumours he had heard in Virginia, that but for Sir Edmund Andros's arrival on both occasions there would have been confusion. The Council answered that Sir Thomas Laurence and Colonel Blakiston had disputed the Presidency of the Council after Governor Copley's death, and that there was about to be a conference with the Assembly on the subject when Sir Edmund Andros's letter, announcing his speedy coming, was received. Sir Thomas Laurence said that no one but Sir E. Andros was to blame for his exclusion from the Provincial Court in May last.
July 28. The Attorney General reported as to Governor Copley's commission of Admiralty, which was compared with Governor Nicholson's; whereupon it was ordered that the French prize-ship must be retried by a properly-constituted Court. The necessary commissions for such a court were then issued. The Indians appearing to renew the treaty were required to surrender one of their number who had broken prison.
July 30. The Council presented their report in the various departments of public affairs; and having given several reasons for calling an Assembly, writs were issued for an Assembly to meet on 20 September. Order for Councillors to be principal officers of Militia in their Counties. Order for the late Colonel Blakiston's papers as to the revenue to be given up by his widow.
July 31. The question of the prize-ship was again considered, when it was ordered that the proceeds of the ship be divided into four equal parts, of which four to be made over to the captors and one put in the Receiver General's hands for the King. Edward Randolph sworn of the Council. Orders for returns to be made of the fines and forfeitures at the different courts, also a very minute and particular return as to the Militia, their arms, etc., and a return from each vestry of the titheable men. [Board of Trade. Maryland, 12. pp. 101–113.]
July 27. 1,168. Memorandum of the Victualling Board of the Navy. On the 25th of May the Victuallers received the Navy Board's letter of 24th as to victualling the troops for New York, and on the 26th they answered it. Since then the Victuallers have heard nothing more about the matter. If the ships lie in the river the provisions can easily be put on board, but if they are gone to Portsmouth the provisions must be sent after them. The Victuallers desire an order as to the number of men and the time for which they are to be victualled. ½ p. [Board of Trade. New York, 5. No. 66.]
July 28. 1,169. The King to the Governor of New York. Directing as to the soldiers to be sent out to New York, that they are to be mustered and the account of the stores checked. [Board of Trade. New York, 48. pp. 162–3.]
July 28. 1,170. The King to the Governor of Massachusetts. If the companies for New York should arrive first at Boston, you are to muster them, check the account of their stores, disembark them and hire fresh ships for transporting them to New York, drawing bills on the Paymaster General for the expense. [Board of Trade. New York, 48. pp. 164–166.]
July 28. 1,171. Warrant for the master of the mast-ship Hope to embark two companies of soldiers and transport them to Boston or New York. [Board of Trade. New York, 48. pp. 166–168.]
July 28. 1,172. Minutes of Council of New York. Order for presents to three Indians lately come from Canada. The Governor selected a Committee to accompany him to Albany. He then dismissed the three Indians with their presents and with compliments. [Col. Entry Bk., Vol. LXXV., pp. 544, 545.]
July 30. 1,173. Minutes of Council of New York. Committee appointed to consider what presents are needful for the coming negotiations with the Indians. [Col. Entry Bk., Vol. LXXV., p. 545.]
July 30. 1,174. Minutes of Council of Jamaica. Proclamation for a day of thanksgiving. Orders for the relief of destitute inhabitants, and for the Treasurer to bring in his accounts. [Board of Trade. Jamaica, 77. pp. 286, 287.]