America and West Indies: May 1697, 1-15

Pages 473-489

Calendar of State Papers Colonial, America and West Indies: Volume 15, 1696-1697. Originally published by His Majesty's Stationery Office, London, 1904.

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May 1697

May 1.
989. John Povey to William Popple. In reply to yours of yesterday the laws of Maryland of about 1692 were referred by the Committee of Plantations to Sir Edward Ward, the Attorney-General, who kept them by him till some time after he had been made Chief Baron of the Exchequer and then sent them back without any report. I do not remember that these or any laws from Maryland have since been considered by the Committee except those which you mention to have been repealed by the King in Council. Signed, John Povey. 1 p. Endorsed, Recd. 1st, Read 3rd May, 1697. [Board of Trade. Maryland, 3. No. 21.]
May 1.
990. Governor Codrington to Council of Trade and Plantations. Our ships not sailing I am able to inform you since writing the foregoing (No. 859) that I have certain intelligence that the French squadron designed to these parts passed by us on the 16th or 17th of February without touching at any of their own windward islands, and arrived at Petit Guavos. Some say they intend to attack the city of St. Domingo by sea and land, and in order thereto they have for many months past kept several negroes and white men cutting a path for their forces to follow overland. Only six days ago the Colchester arrived from Barbados (whither I had sent her to procure victuals) where she found Admiral Nevill's squadron. He writes me that he awaited the return of a sloop sent for intelligence to Martinique, and that he would touch here on his way to leeward, where he says he is bound, in search of Mons. Pontee's [Pointis] fleet. I hourly expect his arrival, but the taking away of the Colchester and Jersey frigates will leave us much exposed to the insults of the enemy's privateers. They are so numerous here-about, besides the three men-of-war that tend on Martinique, that hardly a ship can reach us until the convoys arrive from London. Signed, Chr. Codrington. ½ p. Endorsed, Recd. 18th, Read 24th June. [Board of Trade. Leeward Islands, 5. No. 43; and 45. p. 82.]
May 1. 991. Minutes of Council of Massachusetts. An answer to Governor Fletcher's letter of 19 April read and approved. Order for an embargo on all vessels outward bound, except those already cleared to bring provisions from the neighbouring Colonies. [Board of Trade. New England, 49. pp. 87–88.]
[May 3.] 992. Copy of a Minute by the Governor and Council of Connecticut, 13 December, 1683. In reply to the Duke of Hamilton's claim to the Narragansett Country we observe as follows: (1) His claim under his deed extends to land in Massachusetts, New Plymouth and Rhode Island as well as Connecticut. (2) We can say nothing as to the legalities of his deed. (3) His claim, so far as it concerns us, is preceded some years by a grant from Robert, Earl of Warwick to Lord Say and others, of date 19 March, 1631; whereas the Duke's deed is of 20 April, 1635. (4) Lord Say and his assigns entered on possession about 1634 without challenge from the Duke, and have improved and possessed it ever since. (5) The King, Charles II., in 1662 granted us a charter for the lands therein granted to us, and so in 1664 a letter which the Commissioners declare to be a renewal of our charter, which must refer to Lord Warwick's grant aforesaid. (6) We have been subjected to great expense for improvements and for wars for the Narragansett Country, of which the Duke of Hamilton has borne no share. (7) We can plead prescription in bar of the Duke's claim. (8) We should be glad to have an opportunity to make a fuller answer and to adduce our proofs. 3 pp. Endorsed, Sent by the Earl of Arran and read 3 May, 1697. [Board of Trade. New England, 8. No. 97; and 36. pp. 170–173.]
[May 3.] 993. Reply of the Duchess of Hamilton to the Minute of the Governor and Council of Connecticut (see preceding abstract). (1) No part of Plymouth Colony nor of Massachusetts is comprehended in the Duchess's part, as alleged. (2) It suffices that the Duchess's father had his grant from the Great Council of Plymouth in 1635, and they from King James I. in 1620. (3) The grants of the Great Council of Plymouth to the Earl of Warwick, and the said Earl's grant of the land to the Governor and Company of Connecticut must be produced, before this can be answered. (4) The Duke did send out an Agent to the province soon after receiving his grant, but the Civil war and subsequent events prevented the Duchess from putting forward her claim until after the Restoration. (5) King Charles's charter of 1662 is twenty-seven years later than the Duke's grant, and makes no mention of any former right of the Governor and Company to the Duchess's land. (6) As to the wars spoken of, in paragraph 6, that of 1637 has no reference to the subject of the Narragansett Country. In that of 1675, Connecticut was not a principal, but an auxiliary to New Plymouth colony. (7) As to the Statute of Limitations, it is well known that it contains a saving clause in favour of minors and absent persons, so that it does not bar the Duchess's claim. 2 pp. Endorsed, Sent by the Earl of Arran, and read 3 May, 1697. [Board of Trade. New England, 8. No. 98; and 36. pp. 173–175.]
May 3. 994. Earl of Bellomont to William Popple. In reply to the Council's order that I should prepare to be gone to my Government as soon as possible, pray inform them that I am asking the Treasury for money to supply an equipage and defray the expenses of my voyage, and when I receive it shall be gone with all imaginable despatch. Meanwhile I am making every preparation for a speedy departure. Signed, Bellomont. 1 p. Endorsed, Recd. Read 3 May, 1697. [Board of Trade. New England, 8. No. 99; and 36. p. 175.]
May 3. 995. Journal of Council of Trade and Plantations. Mr. Brenton's memorial as to the Duchess of Hamilton's claim to Narragansett Country read (No. 986), when he discoursed at some length on the same, saying that he and his ancestors had possessed land in Rhode Island for threescore years, and had never heard of the claim till now, and setting forth further reasons against the said claim. Lord Arran produced two further papers on the subject (Nos. 992, 993).
Mr. Lowndes's letter of April 30 as to the Address of the House of Lords was read (No. 984).
Mr. Povey's letter of 1 May as to the Acts of Maryland was read (No. 989). Order for the said Acts to be sent to the Attorney-General.
Sir William Beeston's letter of 12 February was received and read.
May 4. One Richard Duke attended, saying that he had received authority to act for the Government of Rhode Island, and asked for copies of any papers put in by Major-General Winthrop as to the boundary of Rhode Island and Connecticut.
Order for Mr. Littleton to attend to-morrow on the business of Mr. Grey's commission.
May 5. Mr. Richard Duke produced his credentials, which appeared to give him no authority to act on behalf of Rhode Island but as a simple solicitor. He was however ordered to confer with Mr. Brenton, and was assured that copies of any papers relating to Rhode Island would be sent to him.
Mr. Littleton answered several questions as to Barbados, after which the Council began to prepare Mr. Grey's instructions.
May 6. Mr. Lowndes's letter of yesterday as to Proprietors' bonds read (No. 999). Order for copy of the bond to be sent to Mr. Thornburgh for the information of the Proprietors of Carolina and the Bahamas, and that he be ordered to attend on Monday next; the like letters to be sent also to Mr. Bass and Mr. Penn.
Copies of Mr. Grey's commission and instructions were sent to him for perusal.
The Secretary was directed to apply to Lord Arran for copy of the grant made by the Council of Plymouth to the Marquis of Hamilton in 1653.
May 7. The Council dealing with the proposals of those interested in copper mines, etc., in New England agreed upon several provisoes and conditions to be offered them.
Heads of a representation as to Massachusetts agreed to. [Board of Trade. Journal, 10. pp. 93–103.]
May 4. 996. Minutes of Council and Assembly of Nevis. Heads of a bill for prohibiting the giving of liquor to negroes, sent up to Council. The Assembly consented to a proposal of the Council that lignum vitæ be procured from the salt-ponds for gun-carriages. The Council agreed to a request of the Assembly to see the bills which were left incomplete when the Governor last left the island, and all Acts made since the Governor's confirmation of 17 August, 1691. Messages from the Assembly inviting the Council to concur with them in appointing some fit place for a gaol until the present gaol, which is unfit for Christians, be rebuilt, and to concur with them in soliciting the restoration of the ancient rights of the Lieutenant-Governor. Joint committee appointed to provide "a handsome treat" for Admiral Nevill and the officers of his squadron, shortly expected. [Board of Trade. Leeward Islands, 64. pp. 212–214.]
May 4. 997. Copy of a letter to Admiral Nevill. Since you bear the character of a great man of honour and a zealous supporter of King William's government, I feel bound as a loyal subject to give you the following information. General Codrington is an unhappy, covetous and unprofitable governor, an oppressor of the poor, even to the disinhabiting of this unfortunate island by his evil practices, countenancing Jacobites, slighting the Assemblies, discouraging honest gentlemen by hard usage and threatening speeches, pluming himself upon the great wealth that he has made this war, believing that he may rule as arbitrary as he pleases and close and open the current of the law at his will and pleasure. The following are some of his actions. (1) He insinuated himself into the affections of the people, and frightened the unfortunate Sir Nathaniel Johnson into leaving the Government and leaving him as lieutenant-general. He told the people that they would be better under him, a man of large estate, than under a poor English gentleman who came to mend his fortune. (2) Having obtained the Government he published a proclamation to encourage people to go on the expedition to St. Christophers, offering them large plunder. Never did men fight better, but the promise as to plunder was broken, and the people were so much discouraged that they would not go on the next expedition to Guadeloupe. (3) The next expedition was to Martinique, and the people were so averse that a law was made on purpose to force them to this expedition. (4) He employs one Hutcheson, a lawyer, in all his intrigues, a confirmed Jacobite. (5) John Palmer came to this island with appointment to be Secretary of the Leeward Islands and Councillor. Though Governor Codrington declared himself that he knew Palmer to be a knave, yet he suffered him to be of the Council and to execute the office of secretary without giving security according to law. This man stands now charged with several misdemeanours, but though Governor Codrington promised to have justice done, yet it is neglected. (6) John Perry, an incestuous person, and a tap-house keeper, is now the Governor's only favourite. He was engaged in piracy not long since. The Governor owns five ships, by which he sends a fine store of sugar to Curaçoa. The poor have made it their politics to get off this island by offering themselves to serve in them. If you examine Captain Julius, who has been in his sloop's service, he can tell you of many passages in the Governor's trading. The King's regiment is in a deplorable condition for want of pay. The Commissioners receive it weekly, but have not taken care to send it to them. H.M.S. Colchester has been employed in fetching negroes from St. Thomas, instead of cruising to protect our trade. The Assembly of this island has often desired a General Assembly, but it is suspended. Many reasons are given. Please give this paper to Lord Bridgewater. The Barbuda sloop lately came from Curaçoa with negroes, but with what else I know not. Signed, J. Johns Sonn. A long rambling production. Copy. 7 pp. Endorsed, Recd., Read, 27 Oct., 1697. Duplicate of the above. [Board of Trade. Leeward Islands, 5. Nos. 44, 45.]
May 5.
998. Governor Nicholson to James Vernon. Sir Thomas Laurence gave me your most kind and obliging letter of 10 January, 1696. I do not know how to make you the least retaliation. I cannot think of gaining, much less keeping, your friendship by presents, yet I hope you will pardon me if I endeavour to pay you a quit-rent of very small price for my great favours. The bearer hereof is Mr. James Blair, who goes home to solicit some of the affairs of the College. He was very well known to the late Archbishop of Canterbury as he is to the present and to the bishops of London and Salisbury, so that I need not give you his character. He will give you a full account of affairs here. Pray continue your good favour to me. Signed, Fr. Nicholson. 1 p. [America and West Indies. 638. No. 27.]
May 5.
999. William Lowndes to William Popple. Forwarding a letter of the Commissioners of Customs of 4th inst., respecting the bonds to be given by Proprietors of Colonies (see No. 878). Signed, Wm. Lowndes. ¼ p. Endorsed, Recd. 1. Read 3 May, 1697. Enclosed,
999. I. Report of the Commissioners of Customs to the Lords of the Treasury, dated 4 May, 1697. We think that the penalty to be inserted in the bond should not be less than £2,000 nor more than £5,000. Signed, Ja. Chadwick, C. Godolphin, Walter Yonge, Sam. Clarke, Ben. Overton. [America and West Indies. 601. Nos. 45, 45 I.; and Board of Trade. Proprieties, 25. pp. 78–79.]
May 6.
1,000. William Popple to William Thornburgh. Forwarding the form of a bond which the Proprietors of Carolina and of the Bahamas shall give for the due execution of all orders relating to the Acts of Trade and Navigation by the Deputy-Governors appointed by them. The Council of Trade desires to speak with him hereon on Monday next, at 4 p.m.
Similar letter to William Penn, in respect of Pennsylvania, dated 8 May, requiring his compliance with the bond as soon as he can conveniently come to town.
Similar letter to Mr. Bass, in respect of East and West Jersey, dated 6 May, requiring him to attend at the same time as William Thornburgh. [Board of Trade. Proprieties, 25. pp. 73–76.]
May 6. 1,001. Minutes of Council of Massachusetts. In reply to an application from the Government of New Hampshire it was advised that forty soldiers be sent for defence of that province. Letter from the Privy Council of 27 August read, with a proclamation for the apprehension of the pirate Every and his companions. Leave granted to John Goodwin, John Langdon and Adam Winthrop to build houses in Boston. Orders for payment of £148 for powder and match, and for payment of £2 18s. to Henry Crane for entertaining of Richard Perry, a stranger, taken by the French, and by them set on shore about Cape Cod. [Board of Trade. New England, 49. pp. 88–90.]
[May 7.] 1,002. Proposals, or heads of a charter, for the establishment of a Corporation for working copper-mines and bringing Naval stores from New England. Fourteen heads, in brief, and three provisoes to prevent stock jobbing, frauds or failing to fulfil the work for which the charter is granted. The whole, 8 pp. Endorsed, Agreed upon by the Board to be offered to the petitioners, 7 May, 1697: [Board of Trade. New England, 8. No. 100; and 36. pp. 176–181.]
May 8. 1,003. Minutes of Council and Assembly of Nevis. The Council and Assembly agreed to appoint a joint Committee to choose a room in Charles Fort for a gaol. The Council refused to join the Assembly in soliciting the restoration of Lieutenant-Governor's rights, and in answer to their proposed heads of a bill concerning negroes, opined that the existing laws on that point were sufficient. Resolution of the Assembly that the ancient powers of the Lieutenant-Governor should be restored, that John Palmer is an enemy to the country and should be removed from all offices and debarred from practising the law, and that the Governor be entreated to take these matters into consideration. [Board of Trade. Leeward Islands. 64. pp. 415–417.]
May 10. 1,004. Memorial of the Earl of Bellomont to Council of Trade and Plantations. Being anxious to be despatched to my Government I represent the following matters as absolutely necessary to the King's service and my speedy departure. (1) That a fourth-rate man-of-war be ordered for my own transportation and sufficient tonnage in a transport ship for my horses and baggage. (2) That such a quantity of warlike stores as was lately ordered for New York be sent to New England. (3) That 200 recruits be sent out to the New York companies; that the pay of those companies be made up to full English pay and also that all the arrears of off-reckonings and subsistence due to the troops may be sent out with me, to encourage the men and keep them from desertion, as it is absolutely necessary for the defence of the country that the companies be kept complete. (4) That presents to the value of £200 for the Five Nations may be sent out with me. (5) That Captain John Nanfan, of Sir John Jacob's regiment of foot may be appointed Lieutenant-Governor of New York, an experienced good officer who has served this whole war, and that to give him a competent maintenance he may be allowed to change companies with one of the captains now in New York. 1½ pp. Endorsed, Recd., Read 10 May, 1697. [Board of Trade. New England, 8. No. 101; and 36. pp. 182–183.]
May 10. 1,005. Journal of Council of Trade and Plantations. Mr. Charles Story presented a packet from Mr. Usher of New Hampshire.
Mr. Bass and Mr. Thornburgh attending the Council fixed £3,000 as the sum to be inserted in the bonds of the Proprietors of New Jersey, and £5,000 for each of the bonds of the Proprietors of Carolina and the Bahamas. Mr. Thornburgh promised also to send a copy of the Patent of the Bahamas and to acquaint the Proprietors of the Council's sentiments.
Lord Bellomont's memorial read (No. 1,004) and a representation thereupon was agreed to. Sir Henry Ashurst pressing for consideration of the affairs of Massachusetts was informed that they were actually under consideration.
May 11. Mr. Boscawen recommended Mr. John Kendall for the Governorship of Bermuda if it should be vacant.
Mr. James Tyrrell brought forward his brother's case, but was directed to draw it up in writing.
Mr. Nicoll asking for more money for the two Maqua Indians, was directed to prepare a new estimate of the expenses.
Representations as to the Acts of New York and upon Lord Bellomont's memorial of yesterday were signed.
The papers from New Hampshire were read.
May 12. Mr. Story gave the Council an account of New Hampshire as it was when he left it on 5 March. The Secretary was ordered to summon Mr. Samuel Allen to attend and bring with him copy of Mr. Partridge's instructions.
Mr. Nicoll presented two more estimates for the Indians. The Council resolved to find him £50 more, which he promised to endeavour by good husbandry to make suffice.
May 13. Letter to Commissioners of Sick and Wounded signed (No. 1,021).
James Tyrrell's memorial on his brother's behalf read (No. 1,019). Order, that when next Sir William Beeston is written to, he be directed to answer a former letter upon this case.
May 14. Representation as to New England signed (No. 1,024). A representation as to Bermuda (see 17 May) agreed on. [Board of Trade. Journal, 10. pp. 103–110.]
May 11. 1,006. Memorial of the New York Agents to Council of Trade and Plantations. Pray give directions to the Commissioners for Sick and Wounded to present us with an allowance for the further accommodation and treatment of the Indians captured at Hudson's Bay and for providing for their voyage to New York, as the allowance already made is exhausted. Signed, Chid. Brooke, W. Nicoll. ½ p. Endorsed, Recd., Read, 11 May, 1697. [Board of Trade. New York, 7. No. 20; and 52. pp. 129–130.]
May 11.
1,007. Commissioners of Customs to the Lords of the Treasury. Pursuant to your orders we have amended and perfected the draft instructions sent by us to you on the 22nd March. We have added a clause to prevent evasion of the Act lately passed for preventing frauds and regulating abuses in the Plantations, by colouring foreign ships under English names. We have also inserted an article to carry out the recommendations of the House of Lords in their late address to the King. Signed, Sam. Clarke, Robert Clayton, Robert Southwell, C. Godolphin, Walter Yonge, Ja. Chadwick.
Circular Instructions to the Governors of Colonies. 1. You will inform yourself of the principal laws relating to the Plantation Trade, viz.: The Act for encouraging and increasing of Shipping and Navigation, of 12 Car. II.; the Act for preventing frauds and regulating abuses in the Customs of 14 Car. II.; that for encouragement of Trade, of 15 Car. II.; the Act for regulating the Plantation Trade of 22 and 23 Car. II.; the Act for the encouragement of the Eastland and Greenland Trades and better securing the Plantation Trade of 25 Car. II.; and the Act for preventing frauds and regulating abuses in the Plantation Trade, of the 7th and 8th year of His present Majesty's reign. These are now transmitted to you, and you shall take a solemn oath that they shall be punctually observed in every particular. 2. You will take care that the Naval Officers give security for the performance of their duties and be approved by the Commissioners of Customs. 3. You will take care that, in pursuance of the said Acts, no goods or commodities whatsoever are imported into or exported from any of the Plantations except in ships belonging bona fide to the people of England and Ireland or being the build of or belonging to any of the King's lands, dominions or territories, and whereof the master and three-fourths of the mariners are English; also that no foreign-built ship, unless bona fide bought before 1 April, 1662, and entered as such, shall be allowed the privilege of a ship built in England or Ireland (prizes condemned in the Admiralty Court excepted); also that after 25 March, 1698, no merchandise whatever shall be imported into or exported from the Colonies, or laden from port to port of the Colonies, unless built in England, Ireland or Colonies wholly owned by the people thereof and navigated with the masters and three-fourths of the mariners of the said places only (prizes excepted, as above, and also freight ships hired by contract of the Commissioners of the Navy); also that after 25 March, 1698, no ship shall pass as of the build of England, Ireland, Wales, Berwick, Jersey, Guernsey or any of the American Plantations, unless duly registered by the persons claiming property therein. The intent of the Act is that the master and three-fourths of the crew shall be English during the whole voyage, which is to be certified by the oath of the master. None but the King's subjects of England, Ireland and the Plantations are to be accounted English. 4. With regard to the enactment that every ship sailing from England, Wales, Ireland or Berwick for any of the Colonies shall give bond in £1,000 or £2,000 (according to her tonnage), in case she load any of the enumerated commodities (viz. sugar, tobacco, cotton-wool, indigo, ginger, fustic or other dyeing wood the produce of any of the plantations) she shall carry such goods to some port of England, Ireland, Wales or Berwick, and that ships loading such commodities in the Colonies shall likewise give bond to the Governor to the same effect; you are to take notice that though by the Act of 12 Car. II. the word Ireland is to be inserted in the bonds, yet by the late Act of 7 and 8 of the King that word is to be omitted, and you are not to permit any ship to load enumerated goods upon certificate of bonds given in Ireland. 5. You will carefully examine all certificates of security given in England, and where you suspect them to be false you will take fresh security. When you suspect certificates of lawful discharge of enumerated goods to be false you will prosecute the guilty parties for the forfeiture of £500. You will also take care that sureties offered for bonds in the Plantations are persons of substance sufficient for the value of the bonds, and that the conditions of the bonds be within eighteen months after date to produce certificate of the lawful landing and discharge of the goods therein mentioned. 6. You are to understand that the payment of the rates and duties imposed under the Act of 25 Car. II. on the several plantation commodities therein enumerated do not give liberty to carry the said goods to any other place than to some of the Plantations, England, Wales and Berwick only; and notwithstanding the payment of duties, bond must be given to carry them to their places only. 7. Every three months or oftener, or otherwise according as there is opportunity of conveyance, you will send to the Commissioners of Customs in England a list of all ships trading within the Colony under your care, and you will require of every master at his clearing an invoice of the contents and quality of his lading; two forms for the purpose are annexed. You will send copies of them to the Commissioners of Customs and to the Collector of the port in England to which the master shall pretend to be bound. 8. You will strictly enforce the clauses of the Act of 15 Car. II. which provide that no commodities of the growth or manufacture of Europe shall be imported into any of the Colonies unless laden in England, Wales or Berwick and in ships duly qualified; the following commodities excepted, viz., salt, wine of the growth of Madeira or the Azores, servants and horses from Scotland or Ireland and all sorts of victuals of the growth of Scotland and Ireland. Any ship carrying such European goods to the Colonies without producing a certificate that they were laden in some part of England, Wales or Berwick shall be forfeited. 9. To prevent the acceptance of forged cocquets you will give effectual orders that no European goods are to be landed in the Colonies except by warrant of the Collector of Customs and in the presence of an officer by him appointed. No ship shall be permitted to load or unload any goods whatever until the master has made known to you, or to your appointed officer, the arrival of the ship, her name and his own name, has satisfied you that she is duly qualified, and has delivered to you a perfect inventory of her lading. 10. You shall make no by-laws repugnant to the Acts above mentioned, and you will cancel such as may be repugnant. 11. You will aid and assist the officers appointed by the Commissioners of Customs and prosecute such as obstruct them in their duty. 12. You will take care that in any actions begun upon any laws or statute for forfeitures of ships and goods for violation of the Acts, the jury shall all be natives of England or Ireland, or born in one or any of the Plantations. 13. If you discover that any person claiming property in any Island or tracts of land in America shall at any time dispose thereof to other than natural-born subjects of England, Wales, Ireland, or Berwick without royal licence, you will at once report it to the Lord High Treasurer or Lords of the Treasury. (This article was omitted in the copy sent to the Proprietary Colonies.) 14. You will take care that all places of trust in the Courts of Law, or what relates to the Treasury in your Colony, be in the hands of the King's native-born subjects of England, Ireland or the Plantations. 15. That there may be no delay in the prosecution and execution of justice within your Colony by the death or removal of any of the King's officers, you may make choice of fit persons to be employed in these parts until they are approved or others nominated by the King. (This article was omitted in the copy sent to the Proprietary Colonies.) 16. You will correspond regularly with the Commissioners of Customs and report to them any misbehaviour of their officers in your Colony, giving also account of any other occurrences necessary for their information. 17. To prevent evasion of the Act of the 7th and 8th of the King, you will take care that no foreign-built ship be permitted to pass as a ship belonging to England, Ireland, Wales or Berwick until proof be made on oath by one or more of the owners before the Collector of Customs of the port to which she belongs, or upon similar oath given to yourself, which you are authorised to administer. A duplicate of this oath you will send to the Commissioners of Customs to be entered in a general register. By an Act of the 9th and 10th of his present Majesty, for enlarging the time for registering of ships, the period within which ships must be registered is extended for nine months beyond 25 March, 1698. No change of the ship's name nor transfer of property in her to another port can be made without registering her de novo. 18. This clause is in the words of the King's circular letter of 22 April, No. 958. Here follow forms of lists of shipping, invoices, entry and clearance. [Board of Trade. Plantations General, 34. pp. 143–165.]
May 11.
1,008. Council of Trade and Plantations to the Lords Justices of England. On Lord Bellomont's memorial of 10th inst. (No. 1,004) we concur with his desires as to shipping, and think it would be very advantageous if 200 recruits were sent to New York. We also agree that his request as to presents for the Indians should be granted, for though 400 fusees were lately sent out for distribution to the Five Nations, yet the practice of sending out fresh presents on every change of Governors seems to us very expedient. Signed, J. Bridgewater, Tankerville, Ph. Meadows, Jno. Pollexfen, Abr. Hill. [Board of Trade. New England, 36. pp. 183–185.]
May 11.
1,009. Order of the Lords Justices of England in Council. That a fourth-rate ship be immediately ordered to convey Lord Bellomont to his Government, also tonnage for his horses and baggage. Memo. A new order as to fusees for the Indians was given on 10 June, 1697, and no direction as to the recruits. Copy. ½ p. Endorsed, Recd. 18 June, 1697. [Board of Trade. New England, 8. No. 102; and 36. p. 208.]
May 11.
1,010. Council of Trade and Plantations to the Lords Justices of England. We have considered the Acts passed in the sessions of five General Assemblies of New York from 9 April, 1691, to 25 March, 1696. Several of them, being temporary, are either expiring or expired, so require no further consideration. (Here follows a list of twenty-five Acts.) Next come those which seem to us to need some explanation, but on which your resolution may meanwhile be suspended without inconvenience. (Here follows a list of nine Acts.) Thirdly there are those which we see no reason for you not to confirm. (Here follows a list of twenty-two Acts.) Lastly there is an Act to declare the rights and privileges of the inhabitants of New York, which, in our opinion, gives the Representatives too great and unreasonable privileges during the sitting of Assembly, and gives to all inhabitants (except inn-keepers) such exemption from the quartering of soldiers as may, we conceive, be inconvenient to the King's service there, and contains also several large and doubtful expressions. We are therefore of opinion that the Act should be repealed and that instead thereof (to satisfy the minds of the inhabitants) the effect of a charter granted by King Charles II. to Virginia, according to the annexed copy, may be proposed to the General Assembly to be by them enacted, and then transmitted here for the King's approval. Signed, J. Bridgewater, Tankerville, Phil. Meadows, Jno. Pollexfen, Abr. Hill.
Here follows Copy of the Heads of the Charter granted by Charles II. to Virginia, adapted mutatis mutandis to New York. It contains no particular reference to the points raised by the Council of Trade in objection to the New York Act. [Board of Trade. New York, 52. pp. 115–129.]
May 11.
1,011. Order of the Lords Justices of England in Council. Confirming twenty-three Acts passed by the General Assembly of New York. Signed, Rich. Colinge. 2 pp. Endorsed, Recd. 5 June, Read 7 June, 1697. [Board of Trade. New York, 7. No. 21; and 52. pp. 133–136.]
May 11.
1,012. Order of the Lords Justices of England in Council. Disallowing the Act of New York declaring the privileges of the inhabitants, it being the King's intention to grant them a charter confirming their privileges and immunities to them. Signed, Rich. Colinge. ½ p. Endorsed, Recd. 5 June, Read 7 June, 1697. [Board of Trade, New York, 7. No. 22; and 62. pp. 137–138.]
May 11. 1,013. Minutes of Council of Barbados. Several members of the Assembly came in, who, though not a quorum, requested an order for twenty-five shillings to be paid to every soldier enlisted in England and not billeted, for the next billeting day. Order for removal of bombs and shot upon any of the wharves to the magazine. The requests of Mr. Heberlands and Mr. Robert Chapman, for allowance for travelling expenses on the King's service, were recommended to the Assembly, also the petition of the owners of two ships hired for the island's service. Order made as to certain prize-ships and for securing the King's share thereof. A shallop of little value, cut out off the coast of Martinique, was made over to the men who took her.
May 12. The Assembly brought up bills to appoint a Committee of Accounts, to revive the Excise-duty for two months (read twice), and concerning the powder-duty. Petition of the owners of two hired ships further considered. The Assembly fixed Mr. Chapman's allowance for travelling expenses at forty shillings a month. Order for payment of twenty-five shillings each to twenty-four soldiers. [Board of Trade. Barbados, 65. pp. 215–217.]
May 12. 1,014. The New York Agents' account of their disbursements on account of the Indian prisoners captured at Hudson Bay.
£ s. d.
Three suits of clothes 21 13 6
Linen 4 11 6
3 hats 1 2 0
2 pair of gloves 0 3 0
2 swords and belts 1 3 6
3 pair of stockings 0 10 6
3 pair of shoes 0 13 6
2 periwigs 3 0 0
Diet and lodging expenses 29 17 6
Incidents, chirurgeon, etc. 5 2 0
£67 17 0
½ p. Endorsed, 12 May, 1697.
Estimate of the further expenses on account of the same Indians, and their passage to New York.
£ s. d.
For linen, about 6 0 0
Stockings and shoes, about 1 10 0
Seabeds and necessaries, etc., about 12 0 0
Fresh provisions, about 12 0 0
Incidents, about 5 0 0
Diet and lodgings expenses at about £4 a week for a month, about 16 0 0
£52 10 0
½ p. Endorsed, Read 12 May, 1697. [Board of Trade. New York, 7. Nos. 23, 24; and 52. pp. 130–131.]
May 12.
1,015. William Popple to Samuel Allen. Desiring him to attend the Council of Trade and Plantations on the subject of recent disturbances in New Hampshire, and to bring with him a copy of his commission to William Partridge as Lieutenant-Governor. [Board of Trade. New England, 36. p. 188.]
May 12. 1,016. List of the laws of Maryland passed from 1692 to 1696. Endorsed, List of laws of Maryland sent to the Attorney-General, 12 May, 1697. 11½ pp.
Memorandum of the sending of this list. 1 p. [Board of Trade. Maryland, 3. Nos. 22, 23; and 9. pp. 33–46.]
May 12. 1,017. William Popple to the Attorney-General. Forwarding certain Acts of Maryland on which no report has yet been made, for his opinion thereon, according to a list enclosed. [Board of Trade. Maryland, 9. pp. 31–32.]
May 12. 1,018. Minutes of Council of Montserrat. Act for distraining on any who refuse to give an account of their family on oath, read and passed. [Board of Trade. Leeward Islands, 64. p. 523.]
[May 13.] 1,019. Memorial of Usher Tyrrell to Council of Trade and Plantations. Having suffered great losses from the French I went to settle in America and obtained from the Government the grant of an escheated estate, giving bond for payment of £515. The estate was shortly afterwards plundered by the French, when I petitioned the Assembly for remission of the payment, which petition would have been passed had not the Lieutenant-Governor opposed it. I have ever since the war been in the actual service of the King in St. Christophers and Jamaica, and have lost almost all my estate to the value of £5,000. I beg for the King's orders that my bond for £515 may be cancelled, and that meanwhile the prosecution of it may be forbidden till further order. 1 p. Endorsed, Read, 13 May, 1697. [Board of Trade. Jamaica, 8. No. 56; and 56. pp. 94–95.]
May 13. 1,020. The Solicitor-General to Council of Trade and Plantations. I have perused the two Acts of Jamaica respecting the estates of William Truxton and John Childermas, which seem to me to be reasonable, and the more so since I hear that they were not opposed. Signed, Jo. Hawles. ½ p. Endorsed, Read 27 July, 1697. [Board of Trade. Jamaica, 8. No. 57; and 56. p. 115.]
May 13. 1,021. Council of Trade and Plantations to Commissioners of Sick and Wounded. The stay of the two captured Indians having been prolonged beyond expectation, you will pay to the New York agents £50 more towards the expense of their maintenance. Signed, J. Bridgewater, Jno. Pollexfen, Abr. Hill. [Board of Trade. New York, 52. pp. 131–132.]
May 14.
1,022. Mr. Secretary Vernon to Council of Trade and Plantations. Forwarding a memorial from the Earl of Bellomont for their report. Signed, Ja. Vernon. ¼ p. Endorsed, Recd. 15th. Read, 17th May, 1697. Enclosed,
1,022. I. Memorial of the Earl of Bellomont to the Lords Justices of England. Being desirous of obeying the King's orders for my speedy departure to America, I lay before you the following matters necessary to enable me to do the King's service in the Country. (1) That warlike stores of like quantity with that recently ordered from New York be sent to New England, which is said to be wholly destitute of such stores. (2) That 200 recruits be sent to New York to complete the companies, it being impossible to raise men there. I propose that they be detached from the regiments in garrison in Munster in Ireland that are nearest to Cork or Kinsale, and that they be shipped on board the King's mast-ships bound for America. The number of men will be easily made good to the regiments in Ireland and the charge of transportation will be lessened. (3) That the deduction of 30 per cent. from the pay of the troops in New York be abolished, and their pay made equal to English pay, the Chaplain, Surgeon, etc., formerly paid from that deduction being otherwise provided for; also that the arrears of off-reckonings (now above eighteen months) and of subsistence (now above a year) due to the soldiers may be sent out with me, for I am told that it has always been customary to clear the soldiers on a change of Governors, and the companies ought to be kept complete. (4) That Captain John Nanfan be appointed Lieutenant-Governor of New York, with leave to change companies with one of the captains at New York. 1½ pp. [Board of Trade. New England, 8. Nos. 103, 103 I.; and 36. pp. 194–196.]
[May 14.] 1,023. Order of the Lords Justices of England in Council of 15 August, 1695. Referring a petition from the Agent of Massachusetts to Lords of Trade and Plantations for report. Signed, Wm. Bridgeman. 1 p. Annexed,
1,023. I. Petition of Sir Henry Ashurst to the Lords Justices, enclosing a memorial from Massachusetts to which he prays a favourable answer before Lord Bellomont be despatched. Signed, Hen. Ashurst. 1 p.
1,023. II. Memorial presented to the Lords Justices by order of the Governor, Council and Assembly of Massachusetts. We ask: (1) That one or more frigates assigned to this coast may during the winter convoy our ships that go to Salt Tortudas for salt, thither and back. (2) That warlike stores be supplied us. (3) That no charter for trade or mines in this Colony may be passed. (4) That nothing be determined as to Mr. Almy's claim of lands, belonging to New Plymouth, for Rhode Island, till we have been heard. (5) That Rhode Island may bear a part of the charge with this Colony during the present war, they having profited by our necessities to raise the price of provisions, while we have been at no small charge for their defence when they have been infested by sea. (6) That in the event of peace no part of Nova Scotia or Acadia be restored to the French King. (7) That Mr. Brenton's office for entering and clearing of ships be removed, the Government being ready to countenance any duly commissioned persons in enforcing the Acts of Trade. (8) That our laws may be assented to. (9) That in view of our expenses and sufferings from the war we may not be burdened with any quota of men or money for defence of New York. (10) That the Governor and General Assembly may have power to grant lands from the Sagadehock river to the Gulf of St. Lawrence as in other parts of the province. (11) That the King give directions as to the claims and disbursements during Sir E. Andros's Government, of which we are ready to pay our proportion. Large sheet. The whole endorsed, Recd. 28 Aug., 1695. Read, 28 Jan., 1695–6. Represented, 14 May, 1697. [Board of Trade. New England, 8. Nos. 104, 104 I.–II.]
May 14.
1,024. Council of Trade and Plantations to the Lords Justices of England. We have under consideration memorials from Massachusetts of 15 August, 1695 (see preceding abstract), of 10 December last, and also a third memorial from merchants trading to New England. In reference to such portions thereof as relate to defence by sea and land, we think it expedient that one fourth-rate frigate should be added to those already appointed for the guard of that coast, that one of these frigates be directed to convoy the salt-ships in the winter, and that the annual convoy for the mast-ships to New England take charge of other merchant-ships bound out and home. But we think the proposal for building fortifications and maintaining garrisons in Acadia to be altogether unreasonable. As to stores of war, it has not hitherto been usual that Massachusetts (being the most considerable Colony on the Continent) should demand or that the King should grant them, and we think it very reasonable that the people should rather be pressed themselves to use their utmost efforts for their defence. Nevertheless we think that ten pieces of cannon and 100 barrels of powder should be sent out with Lord Bellomont. Signed, J. Bridgewater, Tankerville, Ph. Meadows, Jno. Pollexfen, Abr. Hill. [Board of Trade. New England, 36. pp. 188–191.]
May 14.
1,025. Secretary of the Treasury to William Popple. Chidley Brooke, Agent for New York, has petitioned my Lords for some reward and allowance for his services and losses, and for the expense of his voyage to and from New York, and I transmit the petition for report of the Council of Trade. Signed, Wm. Lowndes. ½ p. Endorsed, Read, 7 June. Enclosed,
1,025. I. Petition of Chidley Brooke to the Lords of the Treasury. Petitioner was for several years a Collector of the revenue in Ireland till the Revolution forced him to fly. In consideration of his sufferings, the Lords of Trade appointed him Receiver of revenue at New York. He procured a new patent to enable him to appoint a deputy to do his work in his absence. In America he had to employ an additional clerk, and was put to greater trouble and expense than any of his predecessors, but received no allowance for the same. In December last he left New York for England on public business, but his ship was captured by a French privateer off Scilly, and he was kept a prisoner for three months and plundered of all that he had, to the value of £500 sterling. Prays some reward and allowance for travelling expenses, as has been granted to other Collectors in America who have come to England on the public service. Signed, Chid. Brooke. 1 p.
1,025. II. Account of the revenue collected by the Receiver of New York, from 30 January, 1691, to 25 December, 1695. Total, £22,337 7s. 3d. Credit balance, £339 5s. 11d. Signed, Chid. Brooke. 2 pp. Endorsed, Enclosed in Mr. Lowndes's letter of 14 May, 1697. [Board of Trade. New York, 7. Nos. 25, 25 I., II.; and 52. pp. 138–143.]
May 14. 1,026. Minutes of Council of Maryland. The Governor summoned the Justices and Burgesses to consult them about murders committed by the Indians in Cecil County, when it was resolved that an Assembly should be called for 26 May, and that a message be sent to the Indians to give the Governor a meeting at their fort. A paper was read of the Susquehannah King disowning the murder.
May 15. Order for a message to be sent to the Susquehannah, Delaware and Shawanoe Indians to send down two or three chiefs each to meet the Assembly.
May 16. Five or six ships having been left behind, it was ordered that they should be left to their own liberty to sail. Order for the Naval officers to prepare their accounts. The Justices and Grand Jury made a report upon the condition of the State house. [Board of Trade. Maryland, 13. pp. 247–252.]
May 15. 1,027. Jahleel Brenton to Council of Trade and Plantations. I submit the following report as to the government of the Narragansett Country or King's Province. While the Patent for Connecticut was passing through the offices here, an Agent arrived from the inhabitants of Rhode Island, Providence, Warwick and Patuxet with a petition to King Charles II. praying for a patent for that Country by the name of Rhode Island and Providence Plantations. This Agent having obtained a grant for the same was advised that the Agent for Connecticut had obtained a patent, of which the easternmost bounds was Narragansett or Pawcatuck River, but was endeavouring to get some other river to be understood to be the Narragansett river, thereby to enlarge the Colony of Connecticut. The Agent for Rhode Island made such application thereupon that the Agent for Connecticut agreed with him that Pawcatuck was Narragansett River, and also gave it under his hand that Pawcatuck should be called Narragansett River, and should be deemed the eastern boundary of Connecticut. The course of this debate and agreement may be read in the Rhode Island Patent. In the year 1664 the King's Commissioners, who were sent to settle the disputes as to the boundaries of the Colonies, decided that the Narragansett Country as far Westward as the Pawcatuck should remain under the Government of Rhode Island till the King's pleasure should be known to the contrary, which has not since that time been declared otherwise. Thus the case upon which the Attorney General gave his opinion in favour of Connecticut was not truly stated to him. Signed, Jahleel Brenton. Memo. It is mentioned in the report of Edward Cranfield and others concerning the Narragansett Country that the Agent for Connecticut did give under his hand to the Agent for Rhode Island that the Pawcatuck was to be the Narragansett, and this river the boundary between the two Colonies. This is also confirmed by Sir E. Andros's report of October, 1687. 2 pp. Endorsed, Recd., 15th, Read, 17th April, 1697. [Board of Trade. New England, 8. No. 105; and 36. pp. 191–193.]