America and West Indies: October 1695

Pages 594-612

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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October 1695

Oct. 1. 2,067. Minutes of Council of Barbados. Petition of John Holder read, pleading the King's pardon for cause why he should be discharged from custody, and the pardon referred to the law-officers. The Governor submitted his prepared answer to the Assembly's address. for the Council's advice. Leave granted to two ships to sail. [Board of Trade. Barbados, 65. pp. 68–69.]
Oct. 1. 2,068. Journal of Lords of Trade and Plantations. The proof of articles in Mr. Livingston's petition read, also a draft report thereon, which was approved. It being mentioned that Mr. Livingston had protested against the proclamation of their Majesties at Albany, the matter was ordered to be looked out in the papers transmitted at the time. Order for attendance of witnesses at next meeting to speak as to the matter. Mr. Livingston averred that he proclaimed their Majesties himself, but protested against the usurpation of Leisler.
The Attorney-General attended as to certain laws of Massachusetts, which were read and approved. Lord Bellomont's draft instructions read, and a copy transmitted to him. [Board of Trade. Journal, 8. pp. 124–127.]
Oct. 1. 2,069. Draft of an order to summon Mr. Hackshaw, Captain Harbin, Jacob Leisler and two more to attend the meeting of the Lords on the 7th of October. ½ p.
Scrap, with the names of four of the persons to be summoned. [Board of Trade. New York, 6. Nos. 21, 22.]
Oct. 1. 2,070. Minutes of Council of New York. Patent for land to Thomas Noxon considered. Order for the accounts of the penny per pound tax to be sent to the Lords of the Treasury. [Board of Trade. New York, 72. p. 66.]
Oct. 1. 2,071. Minutes of Council of New York in Assembly. On a message from the Representatives the Governor adjourned till to-morrow.
Oct. 2. The Assembly being summoned the Governor made them the following speech. I hope you come together with good hearts to serve the King in securing the province, which shall always be my one endeavour. The frontiers seem to me to lie under some hazard. The garrisons are weaker than ever, the revenue much in debt, the expenses increasing. Our neighbours value themselves upon their Agents in England and deny us any assistance; and the King's commands are thus defeated by the misrepresentations of those Agents. And now the enemy have got into a nest—a regular fort of stone and lime at Cadaraqui, which will without all doubt be of dangerous consequence unless we can drive them out. It is necessary therefore for us to send Agents. My letters have not been unsuccessful with the King, but a paper may be forgotten and laid aside, and cannot answer the false glosses put on it by the Agents of other Colonies. It is true that this province has been heavily taxed, and our neighbours owe their safety to your efforts. We have several duties imposed, both on exports and imports, while their ports are free. They not only deny us assistance but shelter deserters from the King's troops. We shall be reduced to our former difficulties if these things be not remedied. Our neighbours have got our trade and our people. Mankind go where they can be most easy. But these things are not so well known at home, and there are many other weighty affairs in hand. I therefore ask you to consider as to sending an Agent or two to England.
Oct. 3. A committee appointed to draw up an account of the supply needed for the frontier, for the Assembly. [Board of Trade. New York, 72. pp. 705–707.]
Oct. 2. 2,072. Minutes of Council of Nevis. Two Councillors appointed to sit with a committee of the whole Assembly on the Treasurer's accounts. Agreed that they sit daily de die in diem, till the examination of the accounts is finished. A petition against two judgments of Court considered. [Col. Entry Bk., Vol. XLVIII., pp. 302–303.]
Oct. 2. 2,073. Minutes of Council and Assembly of Antigua. The Governor agreed to two messages from the Assembly, asking for the issue of a writ for election of a new Assembly-man, and that, on consideration of granting free quarter to the King's soldiers, the inhabitants be relieved from guards and martial-law taken off. [Board of Trade. Leeward Islands, 64. p. 145.]
Oct. 2. 2,074. Minutes of Council of Maryland in Assembly. So few either of the Council or the Burgesses could attend, owing to stress of weather, that the Governor prorogued the Assembly till to-morrow.
Oct. 3. Mr. Tasker gave in his return to his instructions upon his visit to New York. Letter from Governor Fletcher of 30 August read. Ordered that it be laid before the Burgesses.
Oct. 4. Mr. Tasker gave in his accounts and a receipt for the money delivered by him to the Receiver-General at New York. He then reported that the Government of New York declined to send a person to attend the Assembly at Maryland owing to the expense, for that their last messenger had cost them £19. Several of the Council observed that this messenger kept drinking up and down, and was of very ill behaviour, so it was no wonder if he sent in an account of heavy expenses. Order for all the papers since delivered in to be laid before the Burgesses.
Oct. 5. The papers and certain others with them were sent down to the Burgesses. [Board of Trade. Maryland, 14. pp. 1–4.]
Oct. 3. 2,075. Minutes of Council of New York. Orders for payments and for examination of accounts. The Governor reported a contribution of £50 from Massachusetts towards the purchase of presents for the Indians. [Board of Trade. New York, 72. pp. 66–67.]
Oct. 3. 2,076. Minutes of Council of Maryland. Certain papers respecting the seizure of a sloop for illegal trading were referred to the Attorney-General.
Oct. 4. Orders for the Clerks of the County Courts to attend to-morrow to be sworn in.
Oct. 5. The Solicitor-General brought up the oath to be taken by the County Court Clerks. [Board of Trade. Maryland, 13. pp. 49–50.]
Oct. 4. 2,077. Journal of Lords of Trade and Plantations. The parties concerned for Mr. Richier, late Governor of Bermuda, were heard, and the petitions of Richier and of Nicholas Trott were read (see Nos. 1724 I., 1886). The Lords agreed to report that Mr. Richier be released on giving £2,000 security to abide by the King's decision on his appeal, and that every facility be given to him for collecting evidence. [Board of Trade. Journal, 8. pp. 129–133.]
Oct. 5. 2,078. Minutes of Council of New York in Assembly. The Governor and Council, in reply to the Representatives, recommended them to provide for the pay of Major Schuyler's company, and for a fund to encourage the other company and to keep up their numbers. [Board of Trade. New York, 72. pp. 707–708.]
Oct. 7. 2,079. Minutes of Council of Maryland. Letter from Colonel George Wells read, asking to be excused attendance owing to illness, and referred to the Justices of the Provincial Court. Note. The Justices on the 17th October reported that the excuse had been admitted. The Clerks of the County Courts were then sworn, and delivered in sworn accounts of the fines collected by them.
Oct. 8. More Clerks of County Courts sworn, and more of their accounts delivered in.
Oct. 9. Leave of absence from Council granted to Thomas Tench. [Board of Trade. Maryland, 13. pp. 49–53.]
Oct. 7. 2,080. Minutes of Council of Maryland in Assembly. Message to the Burgesses recommending to them the business of New York, asking for a reply to the papers laid before them, and suggesting that they give as much money in proportion as Virginia has given to the defence of New York.
Oct. 8. The Burgesses sent up their resolution to address the King further in the matter of assistance to New York, setting forward their inability therein, and their great desire to be discharged from the Royal commands.
The following proposals were sent down to the Burgesses:—(1) That the Island at Williamstadt be set apart for public buildings, and that land shall be set apart also in Annapolis for public buildings. (2) That at Williamstadt the parish church be built within the port, and the parish laid out as convenient as can be to it. (3) Whether the ships in the province be cleared as they are ready, or be stopped to sail in a fleet. (4) That a lot close to the church in Annapolis be laid out for the minister, who shall read prayers twice a day. (5) That the export of corn be prohibited. (6) That some form of declaration be issued to warn people against leaving the province in expectation of great plenty in other provinces. Two brickmakers sent to find clay near Annapolis, of which samples were brought in and approved.
Oct. 10. A letter from the Governor of New York with propositions of the Indians read. Petition of the Attorney-General for settlement of his fees read. Both documents were referred to the Burgesses. The Governor also invited the Burgesses to walk down towards dusk to drink the King's health, when he would cause a bonfire to be lit in honour of the King's success against the French. The Burgesses accepted. Governor Copley's accounts examined.
Oct. 11. The Burgesses attended, their Speaker being absent through sickness, and being ordered to choose another Speaker elected Kenelm Cheseldyn, who was approved. The two commanders of the rangers appeared and made report of their proceedings. The Governor told them that proposals had been laid before the Burgesses as to the rangers, and that they should attend the House give an account of their ranging, and hoped that the Burgesses would bring in a bill to give effect to the proposals. Maps of Williamstadt and Annapolis were brought in, also a paper of proposals for encouragement of building small ships, and sent down to the Burgesses. [Board of Trade. Maryland, 14. pp. 4–18.]
Oct. 8.
2,081. Governor Russell to Lords of Trade and Plantations. The merchants being very anxious that a ship should go to England to report the safe arrival of a flyboat which has arrived here and which was upon very high insurance, I have permitted two small vessels to sail for Bristol, being convoyed (together with some ships for North America) by the Play, as far as the latitude of Deseada. As they are liable to be taken by any enemy that meets them, I shall only acknowledge receipt of your order to receive the £200 which the Assembly believed might be the charge of my removal from my house last year. Signed, F. Russell. 1 p. Endorsed, R. 17 Dec., 1695. Read 31 Jan. [Board of Trade. Barbados, 5. No. 113; and 44. pp. 241–242.]
Oct. 9.
New York.
2,082. Governor Fletcher to the Duke of Shrewsbury. Having intelligence of preparations in Canada, I applied to the Governors of the neighbouring Colonies for assistance, but cannot procure one man of 1,198 appointed. In the beginning of this month the Indians called for assistance and brought me intelligence that the French were got (sic) into Cadaraqui, a regular fort of stores and lime on the north side the great lake. If they hold this fort it may be a means to compel our Indians to peace, who cannot be neutral. I called for the quota of Connecticut to meet me at Albany, having only the three companies in the King's pay in those garrisons, and finding no compliance to the King's orders—it being impossible to march great guns, waggons or dragoons over these mountains and thickets 400 miles—I found no other means left but to encourage the Indians to cut off their supplies from Canada at the falls, as they did formerly. I gave them a large present of ammunition, arms and clothing in the King's name, and beg you to intercede with the King for a further present to these Indians of 400 High Dutch fusees (they will not carry heavy arms) with supply of stores for the garrison at New York, and for a return of pay for the four companies. They are all the force I can depend on for the security of the province, which is that of all the rest, though they will not be sensible of it. I have sent to the Plantation Office copy of my last conference with the Indians, the best maps I could get of Cadaraqui, and the opinions of the officers and inhabitants of those parts as to the way. Signed, Ben. Fletcher. Duplicate. 1½ pp.
Copy of the foregoing. Endorsed, Communicated by his Grace to the Board and read 26 Aug., 1696. Answd. 25 Sept., '96. [Board of Trade. New York, 6. Nos. 23, 24.]
Oct. 9. 2,083. Journal of Lords of Trade and Plantations. The draft report on Mr. Livingston's petition was further considered and agreed on, their minute representing the case. Here follows the minute in full. See No. 2,085. [Board of Trade. Journal, 8. pp. 134–139.]
[Oct. 10.] 2,084. A collection of papers relating to the claims of Robert Livingston for repayment of money advanced to the Government of New York, and for confirmation in the offices held by him.
2,084. I. Certificate of the advance of £490 19s. 0d. by Robert Livingston for payment of the King's troops. Signed, S. van. Cortlandt. 6 May, 1691. 1 p.
2,084. II. Governor Fletcher to Lords of Trade and Plantations. 8 December, 1694. Certifying to the truth of the claim of Robert Livingston and Abraham Depeyster for twenty-five barrels of powder, taken from them in Leisler's time, which the Government undertook subsequently to make good. Signed, Ben. Fletcher. 1¼ pp.
2,084. III. Account of the charges made by Jacob Harwood in procuring and discounting £1,670 worth of tallies. The charges amount to £901, the items being as follows. Cash paid Mr. Lowndes (Secretary of the Treasury) £10 15s. 0d. Ditto paid the doorkeeper £2 3s. 0d. Paid Mr. Logins for soliciting and entering caveat £12 18s. 0d. Expenses, coach-hire, treats and several entertainments £80. Paid Councillor West £6. Paid Mr. Porter, Attorney, £35. Gratuities given, several, £26 10s. 0d. Poundage at the Exchequer £60. My commission, soliciting the business eighteen months at 15 per cent. £250 10s. 0d. Paid Mr. Richard Merryweather for discounting £1,670 at 25 per cent., 29th April, 1694, £417 10s. Total £901 6s. 1 p. Endorsed, Presented 7 Sept., 95.
2,084. IV. Certificate of Colonel Thomas Dongan to Robert Livingston's good service and exceptional qualifications as Agent with the Indians, which business interferes much with his private affairs. Signed, Tho. Dongan. Dated, 17 Sept., 1695. 1 p.
2,084. V. Statement of Robert Livingston's case, the claims in one column and the proofs in a parallel column. 9 pp. Endorsed, laid before the Committee, 19 Sept., 1695.
2,084. VI. Robert Livingston to Lords of Trade and Plantations I have hitherto been cautious of troubling you with my present difficulties, but the ill usage of my correspondent here has forced me to lay myself more naked than I had hoped. It was my zeal for the Crown and the English interest which made me launch out my whole estate, which I have been twenty years labouring to get, for the service of both. Having met with many delays of repayment (to say no worse) in New York, I undertook a voyage to England, where I hoped to receive the moneys due upon my tallies, at least, to set me up again in the way of trade. Instead of that I am not only cut off £900 of that money but am kept out of the rest and of the effects in my correspondent's hands, and threatened with tedious and expensive suits unless I comply with their unreasonable demands. This hard treatment, together with the disasters of my voyage and the melancholy consideration of having left a wife and numerous young, helpless children under straits, have almost broken my spirit; and unless you support me by effectual orders to New York for my money due there, and settle on me a salary for life which our angry Governor cannot stop or prevent, I shall be in a worse condition than when I entered the service of the Crown twenty years ago and shall sink into poverty and misery. Colonel Dongan, late Governor of New York, has witnessed my trouble and expense in the public service and can tell you whether I am capable of serving it further. The necessities of my family require my return and force me to beg a despatch from you. Signed, Robt. Livingston. Undated. 2 pp.
2,084. VII. Robert Livingston to John Povey. 20 September, 1695. Asking him to correct a slight error in the report on his claims. "It is all one to the King but it will be a confusion in the accounts, and I may come to lose £33 9s. 10d. not being rightly stated." 1 p.
2,084. VIII. Robert Livingston to Lord ?. I see that the interest, for which I have asked allowance, makes some difficulty, but I hope that on consideration it will appear as reasonable as the principal, which has been allowed to be just. All the sums for which I seek relief, except the £2,172 for which tallies were struck, were paid in specie out of my pocket, and no part of it for goods sold, out of which I could get any profit; and if I had not disbursed it in the service of the Crown I could have improved it to my own advantage by trade or at least have lent it at 8 per cent., according to the custom of New York. The sum of £1,629, New York money, out of the £2,172, was likewise paid in specie from my pocket, and only the rest, £543, is charged for goods sold to the Crown. For want of this £2,172 I was forced to trade upon credit from England, and am charged with £1,396 sterling for advance and interest, so that the interest for which I crave allowance will not reimburse me above half what I am charged for the same, and I shall still be a loser of £800, New York money. If the claim be allowed, I hope that it may be paid me as follows: Two sums of £527 and £233 advanced in 1688 and 1689 are charged upon the additional duties voted by the Assembly for payment of the public debts. I beg that the interest hereon may be paid to me from these same duties or, if they prove insufficient, from the revenue of the Crown. The third sum, £388, advanced in July, 1688, for the expedition against the French, is charged on a tax levied in that year, whereof £1,200 remains uncollected. But as it was imposed by the Governor and Council only, it may be difficult to collect it unless confirmed by the Assembly under recommendation by the Lords of Trade. If the same cannot be paid to me from this source, I beg that principal and interest may be paid me in eight quarterly payments from the revenue. I beg that the like may be done in respect of interest for five years on £2,172, viz. £868, being the time that elapsed before the tallies were delivered to my agent. I also beg for a salary of £100 a year, for life, alike for my past services for twenty years as agent with the Indians as for future employment therein. It is a mistake to think that there is no intercourse with Indians except in time of war, for it is necessary to keep constant correspondence with them to keep them from turning their arms upon the province, or yielding to the incessant seductions of the French. This task I have performed for the last twenty years without any reward from the Government, frequently spending large sums in entertaining the Indians and neglecting my own private affairs. Had I received but £50 per annum in the past it had been better than £100 in the future, yet, even then, I should have been a loser. Hitherto, far from obtaining any advantage from my service to the Crown, I have suffered great loss, which I hope you will take into consideration. Copy. 2 pp. Endorsed, 1 Oct. '95.
2,084. IX. Computation of the interest claimed by Robert Livingston on the sums advanced by him, at 8 per cent., being the New York rate. Total, £1,503 10s. 1 p. Endorsed, Read 1 Oct. 1695.
2,084. X. Robert Livingston to Lords of Trade and Plantations. My return to New York within three weeks is urgently necessary, so I beg for speedy despatch of my business, though my accounts are not audited and certified, as I am informed is usual. Being ignorant of the methods of your Board I am now at too great a distance to rectify the error; but I hope it is clear to you that I could not have obtained any favour from the Governor necessary to recommend my case to you, and that the justice of my case will support itself and acquit me of any base design. The first sum is £561, which has been audited at New York and allowed by your Board. The second sum, £200, belongs to an account which has been examined and settled by the New York Assembly. The third sum, £388, has been passed by the Auditor of New York, whose certificate I can produce. The interest on £1,670 advanced in 1688 may be as well computed here as at New York, being only a point of common arithmetic, and I hope that it will be allowed for the following reasons. My agent here has charged me £495 for advance and interest on some of the goods included in the £1,670, and £901 for discounting the tallies for that £1,670; so that unless £668 interest be allowed me I shall receive but £275 for my £1,670, and even if it be allowed I shall lose £627 for advancing that £1,670. The fifth sum, £900, was adjusted before I left New York, but to meet all difficulties I will ask only for an order for the sum due to me in November last for subsisting the King's forces. The powder due to me is certified by the Governor's certificate, which I can produce. I am willing to retain or resign my present offices; but I ask for £100 salary as Agent with the Indians. Signed, Robt. Livingston. 2 pp. Undated. [Board of Trade. New York, 6. Nos. 25 I.–X.]
Oct. 10. 2,085. Minute of Lords of Trade and Plantations. On the petition of Robert Livingston, the Lords agreed to represent as follows. That in respect of two sums amounting to £771 9s. 1½d. expended for the subsistence of the foot-companies and of the garrison at Albany, Governor Fletcher be instructed to give Livingston preferential repayment under the New York Act of 1692 for repayment of debts, if he satisfy the Council that his claims are just; that further claims for £388 advanced for the French expedition of 1687 be repaid by the Assembly of New York; that £1,503 claimed for interest be repaid in part from arrears of New York taxes, and the balance in quarterly payments from the current revenue of New York; that his claim for powder be satisfied out of the Ordnance stores in England; that he receive a salary of £100 as agent with the Indians; and that he be empowered to sue Messrs. Merryweather and Harwood, merchants, at the King's expense for excessive charges claimed by them on discount of tallies. [Board of Trade. New York, 48. pp. 224–230.]
Oct. 10. 2,086. Minutes of Council of New York. Thomas Noxon's patent for land granted. Orders for several payments.
Oct. 11. On the petition of Thomas Anthony and four others to purchase land from the Indians, leave was granted them to purchase one hundred acres each. Orders for payments. [Board of Trade. New York, 72. pp. 67–68.]
Oct. 12. 2,087. Minutes of Council of Nevis. Letters from the Agents and from the Governor-in-chief were read. The Council agreed to the Assembly's proposal that the soldiers should receive tenpence a day for six days or until they are otherwise provided for. [Col. Entry Bk., Vol. XLVIII., p. 303.]
Oct. 13.
2,088. The King to Governor Russell. Repeating a former command to recommend most urgently to the Assembly of Barbados the ascertaining of sufficient maintenance and stipends for the clergy, of which matter the Assembly has so far taken no notice; and also empowering him to summon the Attorney and Solicitor-General to attend Council. [Board of Trade. Barbados, 44. pp. 200–201.]
Oct. 14.
2,089. The King to Governor Russell. Authorising the appointment of Robert Bishop, Jonathan Langley, Richard Scott, John Boteler, Benjamin Cryer and Richard Walter to be of the Council of Barbados. Copy, ½ p. Endorsed, Recd. and read 7 Sept., 1697. [Board of Trade. Barbados, 5. No. 114.]
Oct. 14. 2,090. Minutes of Council of New York. Resolved that Chidley Brooke and Godfrey Dellius be desired to go Agents to England. A Committee appointed to draw up their instructions. [Board of Trade. New York, 72. p. 68.]
Oct. 14. 2,091. Minutes of Council of Maryland in Assembly. The Burgesses sent up the following resolutions: (1) On Mr. Povey's letter concerning the advancement of coins, we think the law already sent to England sufficient, and shall await its return. (2) The Act of last session sufficiently meets the proposal that appraisers shall not purchase any deceased person's estate that has been appraised by them. (3) As to rangers, we agree that a new officer be added to each party, that the pay be raised and the rangers shall be supplied with dragoons' arms at prime cost; these provisions to be inserted in a new clause to the law for appointing rangers. (4) As to the ports of Annapolis and Williamstadt a Bill to embody the Council's proposals was read, but rejected as the population is so scanty. (5) The question as to repealing the law for Naval Officers' fees is referred to the Committee of Laws. (6) The Same Committee will prepare a Bill explaining how the vicinage shall arise in trials at the Provincial Court. (7) A Resolution as to appeals. (8) The proposal as to furs is referred to the Committee of Laws. (9) A Bill to impose a duty on re-exported European goods is prepared: (10) The money raised by the impost on furs shall be kept in bank. (11) The Act for appealing raw hides shall be repealed. (12) No Agent shall be sent to England. (13) The Governor is begged to issue proclamations forbidding export of corn and against enticing people from the Colony. (14) Agreed that a lot be laid out for the Minister in Annapolis. Sundry Other resolutions and orders were also sent up, but the Council, seeing no answer (p. 5) as to the proposal to send a money contribution to New York proportionate to that given by Virginia, sent down a proposal for the additional duty of threepence a hogshead to be continued for that purpose, the Governor being willing to advance money on credit thereof, if wanting.
Oct. 15. Answer of the Council to the Burgesses' resolutions. It is proposed that if an Agent be not sent to England, Mr. Povey and Sir Thomas Laurence should be written to; an answer should be sent to the Governor of New York, and a member of the House should take it and give him information; the Governor is ready to advance money for gratifying Mr. Blathwayt and Mr. Povey; that some answer be given as to appeals in case of the inability of the Governor; that when a body of laws has been compiled, some able lawyer in England may be employed to digest them; one of the Bills proposed is at variance with the Royal Instructions. The following bills were read a first time: Bill to regulate appeals, bill for a duty on certain exports, bill to appoint rangers, bill for a duty on European foods exported, bill to regulate proceedings of Provincial Courts. They were then returned to the Burgesses amended. A complaint of the Emperor of Piscattaway, that he could not control his young men, reported.
Oct. 16. Bill for an impost on liquors and for securing rights to town-land read a first time and returned, also the address to the King, slightly amended.
Oct. 17. Address of the Burgesses asking the Governor to enquire into the complaint of the Emperor of the Piscattaway Indians. Order for the Councillors that live nearest to the Indians to examine the matter. Proposals to effect the seating of certain Indian lands in Charles County, and to fit certain Churches both as Court Houses and Churches, and a petition from the inhabitants of Annapolis referred to the Burgesses. Resolution of the Burgesses, that if the Governor will advance a sum sufficient to make the contribution of Maryland proportionate to that of Virginia, viz. £133, the House will gratefully refund the same out of the first revenue that accrues. Order for a bill to be drawn in compliance with the royal orders as to assistance to New York. Resolved that the additional duty of threepence per hogshead be not continued beyond the expiration of the present Act. A letter from Mr. Povey, dated 8 June, read and sent down to the Burgesses. Several proposals sent down to the Burgesses, (1) as to appeals, (2) as to an explanation of the law as to furs, (3) as to a duty of ten per cent. on imported goods which are re-exported to Pennsylvania, (4) as to applying the receipts from the duty on furs to the building and maintenance of a school, (5) as to the law against exportation of raw-hides and the substitution of a small duty for the same, (6) as to the application of the money raised by exportation of furs, (7) as to a law to keep a distinct docket for the several counties in the Provincial Court, (8) as to a law to appoint auditors, (9) to prevent appraisers from buying dead men's estates which they have appraised, (10) as to increasing the officers of rangers and giving them instructions, (11) as to equipping rangers with dragoons' equipment, (12) as to confirming the law for ports, (13) as to repeal of the Act concerning naval officers, and (14) of the Act concerning tonnage.* (From* to * will be found on pp. 5–8, under date 17 Oct.)
Oct. 18. Resolutions of the Burgesses that certain accounts of revenue be entered in the journals, that an allowance be made to Edward Dorsey as Commissioner in Chancery, and that a private naturalisation bill be prepared. The question of seating Indian land deferred till next Sessions, the Governor and Council being desired to do what they think best in the interim. Order for two buildings to be fitted so as to serve both as Churches and Courthouses. Public Treasurers appointed for the Eastern and Western shore. Resolved that if the Governor will advance fifty guineas for Mr. Blathwayt and fifty pounds for Mr. Povey, the Burgesses will gratefully repay him. Proposed that the vestries lay out what remains of the 40 lbs. of tobacco poll-tax on chapels of ease. The following bills were received from the Burgesses, viz. for paying £333 towards the defence of New York, for an impost on liquors, for regulation of Provincial Courts, for a duty on certain exports, for a duty of ten per cent. on re-exported goods, for regulating appeals, for reviving temporary laws, and a private naturalisation bill. The first bill and two proposals were returned to the Burgesses.
Oct. 19. Message from the Burgesses assenting to the proposal as to building of chapels of ease. A petition of several masters of ships sent down to the Burgesses, who answered recommending that the prosecution of their bonds be stopped. The bills read yesterday and assented to were returned to the Burgesses. Resolution of the Burgesses asking the Governor to send Mr. Perry to New York to answer Governor Fletcher's letter. The question of Governor Copley's accounts deferred to next Sessions. Order as to payment of the Councillors and the Rangers. The Governor exhorted the Councillors to prevent the circulation of foolish reports as to imposition of heavy taxes, and to see to the enforcement of the order for building chapels of ease. The Governor then gave his assent to the following acts, viz.: Act to regulate Provincial Courts, Act to regulate appeals, Act for an impost on imported liquors, Act for securing certain rights to town-land, Act imposing ten per cent. duty on re-exported goods from Europe, Act to appoint rangers, Act for payment of £333 towards the defence of New York, Act for a public levy, and a private naturalisation Act. The Governor then exhorted the Assembly to see that the laws were enforced, and to prevent the people from being discouraged by foolish reports. An Address to the King as to New York was then signed, and the Assembly was prorogued to the 20th of March. [Board of Trade. Maryland, 14. pp. 18–28.]
Oct. 15. 2,092. Minutes of Council of Maryland. Order for the broad seal of the province to be entrusted to Major Edward Dorsey during the absence of Colonel Jowles. Proclamation to prohibit the export of corn. [Board of Trade. Maryland, 13. pp. 53–55.]
Oct. 16. 2,093. Minutes of Council of Nevis. The Council agreed to proposals of the Assembly for taking up freight in ships, and for distributing thirty barrels of powder among the houses of the inhabitants. An election for an Assemblyman voided and a new writ ordered. [Col. Entry Bk., Vol. XLVIII., pp. 303–304.]
Oct. 16. 2,094. Minutes of Council of Virginia. Richard Johnson nominated to be of the Council. On application of the Commodore for assistance of the Government in preventing desertion from the King's ships, a proclamation was ordered forbidding the harbouring of deserted seamen. Order for proroguing the Assembly by proclamation till 23 April next. [Board of Trade. Virginia, 53. pp.6–7.]
Oct. 16. 2,095. Minutes of Council of New York. Agreed to prohibit the erection of buildings which neutralise the defence of the blockhouse. Isaac Marquis's petition for denizenation granted.
Oct. 17. Orders for sundry payments. Grant of land to Tirck de Witt sanctioned.
Oct. 18. Orders for several payments. [Board of Trade. New York, 72. pp. 68–70.]
Oct. 16. 2,096. Minutes of Council of New York in Assembly. Three Bills from the Assembly, against profanation of the Lord's day, for regulation of Attorneys, and to raise £500 for encouragement of the Companies of Grenadiers, were read, the two first three times, the third once. A conference desired with the Assembly in the Bill for raising £500, and conferrers appointed.
Oct. 17. The conferrers reported that they had given the reasons why the Governor could not pass the bill to raise £500, and sought to convince them that the Governor could not divest himself of his power of detaching men, in case of need; and the Assembly explained that the money was intended only to raise men to fill up the companies and not to encourage those already in service. The bill was then passed with amendments and, with the Lord's Day Bill, also amended, was sent down to the Assembly. Two Bills from the Assembly for raising £1,000 and £864 were passed, the latter being amended.
Oct. 18. A Conference ordered upon the bills for raising £500 and £864. The conferrers reported on the Bill for £500 that they had little hope of satisfying the Assembly, they being fixed in opinion that if it be passed the Governor can make no more detachments. The Bill with a new amendment was presently brought up again from the Assembly, but the amendment was rejected by the Council.
Oct. 19. Joint Committee appointed to draw up an address to the King setting forth the true state of the Colony. [Board of Trade. New York, 72. pp. 711–712.]
Oct. 17. 2,097. Minutes of Council of Maryland. The Governor summoned the lawyers in town and consulted them concerning the appellate jurisdiction of a Court of Delegates. He also asked whether a judge dissenting from other judges sitting with him was not bound to record the reasons for his dissent, to which they unanimously replied in the negative, but that his dissent should be recorded. Ordered that this rule be observed henceforth.
Oct. 18. A Collector delivered in his sworn accounts. Proclamation against enticing people to leave the province.
Oct. 19. Orders for vestries to deliver punctually to the Clerk of Council accounts of all their proceedings. Ordered that the Clerks of the County Courts attend on the last Tuesday in February to give in their accounts of fines, for the Commissioners to send a certificate that the business of their County Courts has been completed, and that the Colonels of the counties next the frontiers have their militia always in readiness. A letter from the Governor of New York, of date 30 August, considered, wherein he sets forth the unwillingness of the neighbouring Colonies to help, the heavy burden of expense and of men that lies upon New York, the cost of keeping the Five Nations faithful owing to the schemes of the French, and the designs of the French against Cadaraqui. The letter states further that all the quotas have been called for in full, and that each province must pay and arm her quota, since it is impossible for New York to do so. A further letter from Messrs. Brooke and Flypse of the New York Council was also read, with an account of the negotiations with the Indians at Albany on 28th August. An answer to Governor Fletcher from Governor Fletcher from Nicholson was then read, to the following effect. Your letter has been laid before the Burgesses, with the result shewn by documents enclosed. I send herewith bills for £133. You did not answer my question whether you are invading the French, and the uncertainty has compelled the Assembly to increase the number of rangers for defence of the frontier. I can say no more than I have said as to pay, arms and ammunition. I am sorry that New York is so heavily burdened, but neither the Council nor the Burgesses here agree that that province is the safety of this. We do not doubt that your conduct and courage will prevent the French designs; but as to sending you men from hence the enclosed resolves of the House will show you. Letter ends. Here were enclosed resolves of the Council in Assembly of 2, 7 and 14 October, and resolves of the Burgesses of 7, 8 and 17 October. A short letter to the Governor of New York, saying that they had done their best to move the Burgesses, was also sent. [Board of Trade. Maryland, 13. pp. 55–69.]
Oct. 18. 2,098. Minutes of Council of Jamaica. Order for a list of persons in arrear with their quit-rents to be prepared, that they may be sued. The public accounts were received for audit. Colonel Lillingston, attending, proposed that he should go home to obtain recruits, his regiment being much reduced. The Council concurred. Orders for sundry payments, and for issue of stores for Port Morant. [Board of Trade. Jamaica, 77. pp. 320–322.]
Oct. 22. 2,099. Minutes of the Council of Massachusetts. Orders for payments for entertainment of a French flag of truce, of £500 to the Commissioners for War for clothing and subsisting the soldiers and seamen in the King's pay, and of £45 for presents to the Maquas. [Board of Trade. New England, 49. p. 1.]
Oct. 22. 2,100. Minutes of Council of New York in Assembly. On the advice of the Council the Governor agreed to pass the bill agreed to by the Council and Assembly, and to recommend the care of the frontiers to the Assembly. Bills to regulate Attorneys, against profaning the Lord's day, to grant £1,000 for Agency, and to grant £864 for support of Major Schuyler's Company passed. The Governor then summoned the Assembly and spoke as follows. I have passed four of the bills sent up by you. That concerning attorneys I do not understand, as I never had a lawsuit and hope I never shall. The Act against profanation of the Lord's day is a very good Act, and I hope may prove effectual. The £1,000 granted for Agency I hope you will find well bestowed, in putting a truer account of our condition before the King and the hardship of our bearing all the burden of general defence. Another Act is to raise money for payment of fifty men at Albany till May next, which are a part of your quota of two hundred. You have seen the list of quotas appointed for all the Colonies by the King, but I have no Great Seal for commanding these quotas as I have for this province. I have never asserted that power without an eye to the ease and safety of the province, and though we may reasonably expect some relief from our hardships in a short time, yet I cannot suffer the province to be exposed. Some of you here can very well give account that Albany and the frontiers were never worse provided than this winter, and that many of the soldiers have deserted, while others die, or are killed on their passage hither. There is another bill giving a supply of £500 for levy-money. This is throwing away the country's money, for it cannot answer that end. I can never consent to such a fund. Far from encouraging the companies sent for your defence, it will prove a very great discouragement. When the money, as you would order it, is given to such as will enlist we shall have none but such as will desert as soon as their levy-money is spent, for no man will tarry to starve when he knows he is never to receive a farthing of pay, but on the contrary must run into debt. I have often told you they have but eightpence a day, New York money, by the King's establishment, and that two-pence sterling is stopped for their clothes, which are now worn out on the voyage hither. Many are bare-foot and bare-legged. The cold winter is coming, and we have to do with a cunning and vigilant enemy. I must not leave the frontier exposed. It is hard if you will not leave me to be judge of matters of war and of what is necessary. I dare pretend to more experience that way than any of you, or all together. The security of the frontier was the chief purpose for which you were called together, and therefore I recommend it to you. I shall be satisfied with whatever method you please for your supplies, provided that they are secured so that I may never touch a penny of your money, as I never have hitherto. Pray consider this matter in calmness and evenness. I have no end but the ease and security of the province. May God direct you.
Oct. 23. A Committee appointed to join a Committee of the Assembly to explain the Governor's meaning touching the quota.
Oct. 24. The Committee reported that the Assembly desired to know whether the Governor intended to have the companies from England made full, and the quota of 200 men from the province. In this it was answered that if the Assembly would raise a reasonable supply enabling the Governor to keep the Grenadiers now in the King's companies and to encourage others to enlist, the Governor can depend on them to guard the frontiers, and not insist on the quota. Otherwise it cannot be but expected that the Grenadiers will run in a year's time and are not to be depended upon; hence the Governor will be obliged to insist on the quota. With this answer the Assembly seemed better contented. A Bill was sent by the Assembly to raise £700 to keep the men in the King's companies, and encourage them to enlist, which was thrice read and passed. A Bill for establishing Courts of Judicature was also received from the Assembly and passed.
The Governor then summoned the Assembly and made them the following speech:—I have passed your two last bills. There is an addition to the Courts Act, which I do not like. It is unprecedented for county justices to have the power of trying title of land, where deeds and writings call for more skill in the law than they can pretend to. In England such matters are tried by learned judges. However, it is temporary, and by the Council's advice I have passed it. I shall take care that the £700 to be raised by the other bill is strictly devoted to the good purpose for which you have designed it. You sent me word that you have no further business, but before we part I should like you to enquire into the grievances and abuses in the several counties—what maladministration is committed by any ministers or officers that can be redressed. You are or ought to be men of good interest in your counties. If you hear false or groundless complaints of tyranny and arbitrary power, it is your business to suppress them by your better information. If such complaints are well founded, you ought to represent them in Assembly. One of the first things appointed in a House of Commons is a committee of grievances. If you find abuses in inferior officers, the Governor and Council are at hand to remove them; if in the Governor and Council, you can appeal to the King. I am but a transient person among you, and am willing to answer anything that I have done. Your Agent is now going home. Make what application you please. The Council have been witnesses to all my actions, and they are the men of greatest interest in the country. But if there be nothing but an evil spirit of murmuring, backbiting and slander with no better ground than the perverse murmur of unreasonable and disaffected men, it is your business to inform them better of their duty to their superiors and to each other, that the country may live in harmony. I call God to witness that I have worked only for the ease and safety of the province. I am ready to wait for you to do anything that remains undone.
Oct. 25. Address to the King, and instructions to the Agents approved. The Assembly was summoned and adjourned to 25 March. [Board of Trade. New York, 72. pp. 712–718.]
Oct. 23. 2,101. Minutes of Council of Nevis. Message from the Assembly in answer to a proposal from the Council, refusing to choose a new person to billet the soldiers, since the person appointed of late refuses to act. Message from the Assembly to the Council, asking that no private debates may obstruct the public affairs on which they are summoned to deliberate. To this no answer was returned. A letter to the Agents approved, asking for further naval protection for the Island. [Col. Entry Bk., Vol. XLVIII., pp. 304–305.]
Oct. 24.
2,102. Order of the Privy Council. On an Address of the Council and Burgesses of Maryland praying to be exempted from contributing to the defence of New York, and that a fourth part of the revenue there given for supply of arms and ammunition, may, after the country is reasonably furnished, be applied to support of the Government. Ordered that it be referred to Lords of Trade and Plantations for report. ¾ p. Endorsed, Read 30 Oct. [Board of Trade. Maryland, 2. No. 116; and 8. p. 201.]
Oct. 24. 2,103. Minutes of Council of New York. Orders to call in the arrears of taxes and for purchase of a bell for the fort. The Receiver-General's accounts passed. Colonels Caleb Heathcote, Stephen van Cortlandt and Nicholas Bayard approved as his deputies during his absence in England. Colonel Depeyster's accounts referred for examination.
Oct. 25. Orders for payments and for examination of accounts. [Board of Trade. New York, 72. pp. 70–71.]
Oct. 25. 2,104. Minutes of Council of Virginia. Richard Johnson sworn of the Council. Order as to the swearing of the accounts of the collectors of the penny per pound duty. Order to defer further discussion of the business of the quota for New York till February next, and for the question of speedier communication with the neighbouring Colonies to be considered at next meeting. [Board of Trade. Virginia, 53. pp. 7–8.]
Oct. 26.
2,105. Lieutenant-Governor Usher to Lords of Trade and Plantations. On the 12th of September the Assembly met, and it was recommended to them to raise money for support of the Government. After nine days' sitting they passed Acts to continue existing duties, to raise £300 for payment of arrears, and a bill for £100 for future payment of soldiers in the fort and in the province. The wages due to the soldiers, amounting to £1,242, they would not pay, saying that they could pay no more at present. Finding them playing with the Government I prorogued them until June, that I may know the King's pleasure herein. As to the poverty of the place, to my certain knowledge the province has not for seven years been as rich as now. As for taxes on them, the burden of the Boston Government is eight times greater pro rata than theirs. "They are "willing to leave Boston Government to defend their frontiers at "their own charge, but if Boston Government will find men and "they pay and provisions, judge it very reasonable and yet nothing "near so much pro rata with Boston Government. I must own "Boston Government very low and poor to what they was seven "years ago, but province Hampshire many thousand pounds richer." [This is a fair specimen of Usher's obscure and elliptical style.] As for defence of the place, I design the frontier-towns to be secured by persons from the more inward and secure towns until I know your pleasure, or until the Assembly will raise money to pay the soldiers. I have been here now upwards of four years, have spent £500 of my own estate and to this day received not a penny. I have always laid before you the state of the place and asked for a quietus, but have never received one line from you as to the government. The government of the place being in the King and of importance to the Crown, I had hoped to have received some orders before now; and I have made my reports not only to you but to Mr. Allen and to others interested in the proprietorship, but all I can hear is that they wonder the place will not provide for support of the Government, and wish me to continue in the regular care of the Government. This is like Pharaoh—"Make bricks without straw." I must say it is not poverty but sullenness in the people that the Government is not supported. If the right is in the King, then they affront the King's commissions in doing nothing for the honour of the Government. If the right be in Mr. Allen, then they should either pay their quit-rents or support the Government, but they will do neither. I have laid the raising money for support of the Government before the Assembly, but to this day can get nothing but a plea of poverty and quotation of Luke xiv. 26–29. By transient discourses I learn that several persons have applied to the King for New Hampshire to be joined to Massachusetts, but to this day have never been able to get sight of their addresses. I know there are fully as many who are for keeping the province as it is, but when private persons make such application when the Council and Assembly have been moved to prepare ways to support the honour of the people, I look upon it as unlikely that you will have a true and impartial account of the state of the place. They all acknowledge that under the Boston Government their taxes would be much heavier. This I know is all the ground of their uneasiness. The King sees fit to continue them as a distinct government, but why they are averse to the King's pleasure I know not, unless it be because of Mr. Allen's claim. But I know not how injustice can be done them as to the claim, since they can appeal to the King up to the value of £50, unless they think justice will be denied. God is my witness that I have always acted so as to maintain the Royal prerogative, and not to infringe the subjects' liberty. All my expense hitherto has been paid from my own estates. I beg again for a quietus, knowing that faithfulness to the King in these parts causes many enemies. [Col. Entry Bk., Vol. LXVII., pp. 275–278].
Oct. 29. 2,106. Minutes of Council of Barbados. The King's pardon to John Holder was allowed, and order given for his release on his giving bail to answer an appeal against the same. Orders for payments. [Board of Trade. Barbados, 65. pp. 69–70.]
Oct. 29. 2,107. Minutes of Council and Assembly of Antigua. Message from the Governor proposing to hire a vessel to join the man-of-war and two sloops already hired by Nevis and Montserrat. The Assembly proposed the pressing of a prize, lately taken, for the purpose, to which the Governor agreed, and consented that the seamen should have all plunder that they take, in addition to the King's pay. Order for the Treasurer to provide two months' victuals for the said prize. [Board of Trade. Leeward Islands, 64. pp. 145–147.]
Oct. 30. 2,108. Journal of Lords of Trade and Plantations. Governor Nicholson's letters of 15 November and 14 June read. Agreed to send extracts from the same to the Treasury and the Admiralty.
A memorial of Sir Thomas Laurence, with addresses from the Assembly of Maryland, was read, and extracts from the same ordered to be sent to the Treasury.
Mr. Trott attended, and his proposals were read. At his request the laws passed in Bermuda from 1690–1693 were referred to the Attorney General. [Board of Trade. Journal, 8. pp. 140–143.]
Oct. 30. 2,109. Minute of Lords of Trade and Plantations. On the address of the Assembly of Maryland praying to be exempted from contributing to the defence of New York (see No. 2,102) it was agreed to represent in Council the whole course of the previous proceedings which had led to the orders for furnishing the quota, as well as the matter of the address. [Board of Trade. New York, 48. pp. 251–253.]
Oct. 30. 2,110. John Povey to the Proprietors of East New Jersey. Enclosing a copy of the New Jersey Act for regulating trade, and asking for a copy of the orders which they propose to give thereon. [Board of Trade. New York, 48. p. 259.]
[Oct. 30.] 2,111. Copy of an Act of New Jersey, passed 1694, for regulating trade. 2 pp. Endorsed, Read 30 Oct. '95. [Board of Trade. New York, 6. No. 26.]
Oct. 30. 2,112. John Povey to the Attorney General. Forwarding the Acts of Bermuda passed in 1690, 1691, 1693 and 1694 for his opinion as to their confirmation. Draft. ½ p. [Board of Trade. Bermuda, 2. No. 26.]
Oct. 30. 2,113. John Povey to William Lowndes. Forwarding, for report of the Lords of the Treasury, copy of an Address from the General Assembly of Maryland in answer to the late Queen's letter of 19 July, 1692, wherein the Governor was directed to endeavour the passing of a law to prohibit exportation of tobacco in bulk. [Board of Trade. Maryland, 8. p. 200.]
Oct. 30. 2,114. John Povey to William Lowndes. Forwarding extracts from a letter of Governor Nicholson as to the Trade of Maryland and of an address of the General Assembly of Maryland as to the revenue of that province, for report of the Lords of the Treasury. [Board of Trade. Maryland, 8. p. 202.]
Oct. 30. 2,115. John Povey to William Bridgeman. Forwarding extracts from Governor Nicholson's letter, as to the time for the arrival of shipping in Maryland and as to the appointment of an officer for an Admiralty Court in Pennsylvania. [Board of Trade. Maryland, 8. p. 202.]
Oct. 30. 2,116. John Povey to William Lowndes. Forwarding an address from the General Assembly of Maryland, touching the advancement of foreign coins in the province, for report of the Treasury thereon. [Board of Trade. Maryland, 8. p. 203.]
Oct. 30. 2,117. John Povey to William Lowndes. Forwarding extract from Sir Thomas Laurence's memorial [No. 1,918], as to maintenance of Protestant Ministers out of the penny per pound duty on the side trade of Pennsylvania, for report of the Treasury thereon. [Board of Trade. Maryland, 8. p. 203.]
Oct. 30. 2,118. John Povey to the Attorney General. Forwarding two Acts of Maryland for establishing the Protestant religion in Maryland, and an Act for erecting Free Schools, for his opinion. [Board of Trade. Maryland, 8. p. 205.]
Oct. 30. 2,119. John Povey to William Bridgeman. Forwarding the address of the Council and Burgesses of Maryland as to naval stores (see No. 1,897 II.) for the opinion of the Admiralty. [Board of Trade. Maryland, 8. p. 205.]
Oct. 30. 2,120. Minutes of Council of Jamaica. Resolved for the Assembly to meet at the time appointed. Ordered that the Receiver General shall take the oath of those who have lost their receipts for payment of quit-rents as to the arrears of the same. The Auditors brought up the accounts of the revenue. In view of the country's debts and the abundance of powder in the magazine, it was decided to sell 100 barrels of powder to the people. The Governor read a letter from Captain John Fletcher of H.M.S. Hampshire, protesting in insulting terms against the complaints against him for impressing men, the concealment of deserters from his ship, and the Governor's orders to release certain impressed men. The Council unanimously resolved therein that Captain Fletcher ought to be sent home a prisoner on board H.M.S. Ruby. [Board of Trade. Jamaica, 77. pp. 323–328.]
Oct. 30. 2,121. Minutes of Council of New York in Assembly. An address to the King announcing the despatch of the Agents, and the instructions to the Agents themselves [given at length] were signed by the Governor, Council and Speaker. [Board of Trade. New York, 72. pp. 718–721.]
Oct. 30. 2,122. Minutes of Council of New York. Orders for sundry payments, including £445 to William Nicolls from the £1,000 voted for the Agents.
Oct. 31. Orders for payments. [Board of Trade. New York, 72. p. 72.]
October. 2,123. Abstract of the strength of Colonel Lillingston's Regiment of Foot at Jamaica in October, 1695. Six companies (nominal). Effective strength, 20 officers (including Chaplain, Surgeon and two mates and Quartermaster), 34 serjeants, 34 corporals, 11 drummers, 148 rank and file, 28 servants. Wanting to complete the Regiment, 2 serjeants, 2 corporals, 1 drummer, 1,012 rank and file, 12 servants. 1 p. [Board of Trade. Jamaica, 7. No. 94.]