America and West Indies: April 1698, 1-15

Calendar of State Papers Colonial, America and West Indies: Volume 16, 1697-1698. Originally published by His Majesty's Stationery Office, London, 1905.

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'America and West Indies: April 1698, 1-15', in Calendar of State Papers Colonial, America and West Indies: Volume 16, 1697-1698, (London, 1905) pp. 160-171. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol16/pp160-171 [accessed 27 April 2024]

April 1698

April 1.
Boston.
345. The Secretary of Massachusetts to William Popple. Advising the despatch of originals and duplicates of Minutes, Journals and Acts. Signed, Isa. Addington. 1 p. Endorsed, Recd. Read 25 May, 1698. [Board of Trade. New England, 9. No. 15; and 36. pp. 381–382.]
April 1. 346. Minutes of Council and Assembly of Nevis. Messages from the Assembly to the Council, asking for a joint Committee to revise the laws of the island confirmed by the King, to redraft such as need it and to draw such new bills as are necessary. Committee appointed accordingly. On the proposal of the Council the Assembly agreed to billet the soldiers for two months longer. The Assembly sent four bills to the Council for concurrence, which were agreed to; and agreed to raise a small levy to pay the public debts. The Assembly offered a bill for Assemblymen to serve when chosen, which was agreed to. On Major William Butler's refusal to serve in the Assembly a writ was issued for the election of another member. Six Acts were passed this day. [Board of Trade. Leeward Islands, 64. pp. 466–468.]
April 2. 347. Minutes of Council of New York. The Earl of Bellomont's commission as Governor was read, and Colonel Fletcher after delivering up the seals withdrew. The Earl and the Lieutenant-Governor were then sworn, also the members and Clerk of Council. Resolved to issue proclamations for the dissolution of the Assembly, against vice and profaneness and for confirming officers in their places. [Board of Trade. New York, 72. p. 83.]
April 2.
Boston.
348. Lieutenant-Governor Stoughton to Council of Trade and Plantations. The winter has been so severe that the harbours have been frozen up, and several ships have been driven off the coast by the violence of winds and weather. I have heard from Lord Bellomont at Barbados (to which place his ship was forced) that he intended to sail for New York on the 17th February, but he had not arrived there by the 22nd of March, so I suppose that he was detained at Barbados. On the 22nd of February the Indians surprised and killed five English at Andover, a frontier-town, and burned three houses and barns, entering the town at night to the number of forty. The careless inhabitants were supinely secure, thinking that the Indians would observe the peace, or be kept still by the extremity of the cold. They therefore neglected their watches, and the Indians took the advantage. I at once sent one hundred men upon their track, but after ten days' pursuit they were obliged by the violent cold, snow and rain to return, being unable to endure lying abroad in the woods. There has been no appearance of Indians since they observe the guards to be on duty. Signed, Wm. Stoughton. ¾ p. Endorsed, Recd. Read 25 May, 1698. [Board of Trade. New England, 9. No. 16; and 36. pp. 379–381.]
April 4. 349. Journal of House of Delegates of Maryland. Mr. Hutchison was appointed to draw up an answer to the last message of the 2nd inst. The House went up to the Council Chamber, when the Governor assented to all the bills except the reviving bills of the public levy, and prorogued them to 3 May. [Board of Trade. Maryland, 15. pp. 294–295.]
April 4. 350. Minutes of Council of Maryland in Assembly. The Council observed that by failing to send an answer to the last message on the 2nd inst., the Delegates had cost the country 20,000lbs. of tobacco more than they need, which was probably done on purpose by some of the members who are Provincial Justices and Attorneys of the Provincial Court which is to sit tomorrow. A messenger was despatched, who reported that the Delegates had adjourned to the Speaker's Chamber but would shortly adjourn to the State-house. The Governor then told the Council what he proposed to say to the Speaker; after which William Bladen gave evidence of Philip Clarke's extravagant language and behaviour relating to the Assembly. The Governor then addressed the Delegates, telling the Speaker that he had broken his promise to keep the Royal prerogative untouched, that the House had by its action claimed arbitrary and unbounded power, that though they had freedom of debate they must not give out or declare anything to the disturbance of the King's Government, that they must not be so confident in promising what great things they would do, and that, in spite of human opposition, what he had undertaken had prospered. And therewith he prorogued them to 3 May. [Board of Trade. Maryland, 14. pp. 339–343.]
April 4. 351. Journal of Council of Trade and Plantations. Mr. John Smith brought two witnesses to confirm his report of the discovery of a silver-mine and promised to draw up a fuller memorial thereupon.
Sir William Beeston's letter of 13 December last read.
April 6. Sir Charles Hedges presented a draft Act for the trial for pirates in any of the Plantations. Order for the Attorney and Solicitor General to attend thereupon on Friday next.
Order in Council of 31st ult. as to seals read, and Mr. Harris ordered to attend on Friday next.
Sir William Beeston's letter of 9 December last read. Order for the Secretary to enquire of Mr. Gilbert Heathcote who is the Mr. Harris that is mentioned in the letter.
A letter to the Treasury asking as to the salaries of the officers of the Board, now twelve months in arrear, was approved.
Mr. Ashurst, son of Sir Henry Ashurst, presented Mr. William Partridge's letter of 3 January last, and one from the Council and Assembly of New Hampshire of 8 February last, which were read.
April 8. The Attorney and Solicitor-General attending were directed to write their thoughts on Sir Charles Hedges's draft Act for trial of pirates.
Mr. Heathcote and Mr. Way presented a memorial (No. 360) which was read. They added that Mr. Harris, who had been patentee of the Secretary's office of Jamaica, was now dead; that the office had since been granted to Mr. Baber, who had made a contract concerning it for five years with Mr. Whitfield, a minister, brother-in-law to Mr. Brodrick, and that Mr. Brodrick by holding other places in like manner might have too much sway and influence in Jamaica. They represented also that it was unreasonable for a patentee to put in a deputy without the approbation of the Governor and Council. Order for Mr. Baber to be summoned to attend on Monday next.
Three Orders in Council of 31st ult. as to Newfoundland read. Order for Mr. Simon Cole to attend on Tuesday next.
Minutes of several papers of public proceedings at New York read. [Board of Trade. Journal, 11. pp. 15–23.]
April 5. 352. Copy of the writ issued for election of Representatives for New York. 2 pp. Endorsed, Recd. 29 Sept., 1698, from Mr. Weaver, Read 7 Sept., 1699. [Board of Trade. New York, 7. No. 57.]
April 5. 353. Minutes of Council of New York. James Graham sworn Attorney General, and Matthew Clarkson, Clerk. Order for the writs for the New Assembly to be returnable on the 18th of May. Order for a special commission for the trial of three mariners for murder of the master and supercargo. [Board of Trade. New York, 72. p. 84.]
April 5. 354. Minutes of Council of Maryland. The Governor reported that the Speaker of the House of Delegates had received from the Clerk a copy of the Journals of the House without leave of himself or Council. The Speaker was thereupon summoned and confessed that he had a copy of the Journal of the Delegates by order of the House. Being asked to deliver it up, he said that he did not know whether he could or not without the order of the House; whereupon the Governor ordered him not to stir out of town until he delivered it. William Bladen, Clerk of the House of Delegates, being summoned and questioned, said that he had never received orders from the Governor or Council to alter or omit anything in the Journals sent to England, except private petitions of no public concern. The Speaker then gave up his Journal, and Mr. Bladen was specially ordered to send that copy to England. [Board of Trade. Maryland, 13. pp. 446–447.]
April 5. 355. Minutes of Council of Jamaica. The Governor after mature reflection announced his readiness to take the oath which he had refused at the meeting of 29 March. Richard Lloyd and William Brodrick raised objections to its being tendered again, but they were overruled and the Governor took the oath. Orders for certain payments. Order for pardon of a negro condemned to transportation. Order for payment to a ship's master for the passage of four tradesmen from England, though from ignorance he had omitted to comply with part of the Act. [Board of Trade. Jamaica, 79. pp. 90–92.]
April 5. 356. Minutes of Council of Montserrat. Members for the General Council and Assembly of the Leeward Islands elected. Patent for land granted. Order for a list of all fines levied since 1672 to be delivered to John Perrie, surveyor of the King's revenue. [Board of Trade. Leeward Islands, 64. p. 533.]
April 6.
Jamaica.
357. Governor Sir William Beeston to Council of Trade and Plantations. I have already reported that I sent the Chatham to Petit Guavos to demand satisfaction for the damage wrought by Kelly since the peace. She brought back what could there be found; but it is feared that Kelly has turned pirate, and on that account the French refuse to make good all that he has robbed from us. Many others of the French privateers have turned pirates, and have captured three of our sloops within a fortnight. We much want a small ship and good sailer to follow them near the shore, where a fifty-gun ship will not venture. I have already signified to you the prejudice arising to the Island by the constant change of their deputies by the patentees, whereby the records, the treasury, etc., are much disturbed and not carried on as they should be. And now by the last ship the Patentee for the Treasury has sent out a Mr. Finch as his deputy. I asked the Council about him, and they unanimously concluded that he was a man of insufficient interest, authority and parts for the place and desired me to put in Mr. Charles Chaplin, who is one of the Council and against whom the Patentee cannot except because he had a deputation for the office before, but till now did not think to meddle in it. What I have done is consonant with the King's instructions as well as the good of the country and will therefore, I hope, be approved by you. By the same ship came the King's powers to some of the Council to swear me to the Act for regulating the Plantation Trade. It was accidentally sent to me on 23 March, when I opened it and saw what it was, but did not, I declare, read it so as to take notice that it must be sworn to before the 25th. But I looked at the oath itself, which seemed to me so positive and severe as to require the serious consideration of any honest man before he took it; and since the Council was to meet on the 29th, I conceived that day would be time enough, and meanwhile shewed it to two of the Council for their opinion. They are sworn to advise and assist me, but, instead thereof, when I produced it at the Council I found that they were taking all the ill advantages that they could against me, interrogated me as if I had been a criminal before them and told me I had forfeited £1,000. Upon this I hesitated to take it, for reasons which I have laid down and now transmit to Mr. Blathwayt; for if I am out of the Government, as is said here, and have forfeited £1,000, I have lost all I can lose, and have no occasion to take so severe an oath. Pray ask Mr. Blathwayt to lay my letter to him before you, when I shall willingly submit to your justice, having no design but to satisfy my conscience in so doubtful a case. Nor has it in any way injured the King's service or the laws, for I have always taken all possible care that the Laws of Trade shall not be broken. But if those who are sworn to advise and assist the Governor act on the contrary with purposed design to run him into errors, it will be impossible for me or any one else to keep perfectly so severe an oath. It is interwoven too with many knots in relation to the laws that the best lawyers here cannot agree in. I beg therefore that you will recommend my case to the King, that that may not be taken ill from me nor imputed as a neglect or fault in me, which was only the terror under which an oath so severe and attended by so very many unknown parts and circumstances had laid me. The people in these parts look always but with an ill eye upon their Governors, though never so kind to them, and are on all occasions more ready to do them harm, as it lies in their power, than good. But this takes away even all authority and subjects a Governor to the insults and information of everyone, let him do the best that he can, so that, saving my duty to the King and my willingness to serve him, I had by many times rather have parted with the Government than have put myself under such an oath, which I know requires much care and diligence to keep; and when one has done one's best, doubt will remain that one has not fully performed it, because one cannot tell when one has done it owing to the many uncertainties and secret branches to which it in many parts of that Act refers. Nevertheless I assembled the Council yesterday, and after much consideration concluded that by great care and diligence I might keep my part of it as Governor, and took it accordingly. The two gentlemen who used me so ill at first opposed it now, saying that it had been tendered already and could not be tendered again, but to that I answered that I now tendered myself to take it, and since that was what the law required they could not refuse. All the rest of the Council were for it, and they have made a return of the whole, though by these gentlemen's means they have been very officious, saying more than their powers authorise them to do. But having performed it and being resolved to keep it, I beg you to intercede with the King not to take it amiss that I took some time to consider so serious and weighty a matter. Signed, Wm. Beeston. Holograph. 2 pp. On the third page,
Copies of the oath which the Council was empowered to administer to Sir William Beeston, of his objection thereto, of the Council's answer, and his declaration thereupon, and of his final taking of the oath. See Minutes of Council of Jamaica of 29 March and 5 April. The whole endorsed, Recd. Read 16 June, 1698. [Board of Trade. Jamaica, 8. No. 87; and 56. pp. 198–205.]
[April 6.] 358. Draft of a bill to be passed in the English Parliament for the trial of pirates in any of the King's dominions. This bill empowers admirals, vice-admirals or any persons commissioned by the King to issue a warrant for arrest of pirates and to assemble a court, consisting of twelve persons besides those who issue the warrant, on board ship or ashore, for their trial; no officer below the rank of warrant or commissioned officer to sit in such a court, and no civilian except of good reputation and approved by the Governor of the place or factory. The procedure to be that of a court-martial; judgment to be given according to plurality of voices, the lowest in rank giving his voice first. Sentence to be executed upon the high seas or between the ebbing and flowing of the tide. 9 pp. Endorsed, Presented by Sir Charles Hedges. Recd. Read 6 April, 1698. [Board of Trade. Plantations General, 4. No. 105.]
April 7.
New York.
359. Robert Livingston to Governor the Earl of Bellomont. While attending your leisure to communicate some matters to you within your lodgings I was assaulted by Colonel Fletcher, who lifted up his hands to my face with these words, "Sirrah, or villain, I am "now out of Commission and a private man, and you are the "occasion of all the mischief and I will be revenged on you and I "wish I may find you with a sword by your side." He also spoke other opprobrious words, by which I find that I cannot have access to you. I beg therefore the protection of the laws, so that if Colonel Fletcher have anything against me he may do it by due course of law and not terrify me by threatening expressions. Signed, Robert Livingston. The above statement was sworn to on 19 April, 1698. Colonel Fletcher denies that he used the words in italics. Signed, Bellomont. 1 p. Endorsed, Recd. 29 Sept. from Mr. Weaver. Read 30 Sept., 1698. [Board of Trade. New York, 7. No. 58.]
April 8. 360. Memorial relating to the Secretary's office in Jamaica. The Secretary's office, lately held by Mr. Harris, deceased, and for which Mr. Baber now has a patent, is one of the highest concern to the inhabitants and proprietors of estates in that island. The person who executes that office is entrusted with all the records and all wills and conveyances for estates, so that he is the keeper of every man's title to his estate. On the vacancy the Governor put in Mr. Thomas Nicholls, a gentleman bred to the law, who gave security and executed the office with general approbation for a considerable time, accounting to the patentee for one-half of the profits. About eighteen months ago, Mr. William Brodrick, Attorney General and Judge Admiral of Jamaica, rented the patent from Mr. Harris, and put in one Mr. Stephen Towse, born in Ireland, but a perfect stranger to affairs in Jamaica. On the arrival of Mr. Brodrick and Mr. Towse, Nicholls surrendered the office and records to the latter, who died a few months later, when the Governor and Council reinstated Mr. Nicholls as a person fitly qualified by ability and integrity. Mr. Nicholls executes the office at present, and is, we are informed, ready to secure to the patentee as good rent or better than he was to have from Mr. Towse; he is ready also to give some of the most considerable inhabitants for his sureties, having had the good luck to give general satisfaction. The gentlemen concerned in Jamaica wish that Mr. Nicholls may hold the office from the patentee at the price for which he would let it to another, rather than a man brought in by the interest of Mr. Brodrick, who by such means has several other offices of trust and profit at his disposal—a power too great to be deposited in one hand. 1½ pp. Endorsed, Presented by Mr. Heathcote and Mr. Way. Recd. Read 9 April, 1698. [This should be 8th April.] [Board of Trade. Jamaica, 8. No. 88; and 56. pp. 191–192.]
April 9. 361. Minutes of Council and Assembly of Nevis. The Council agreed to the Assembly's proposal for the Act for an impost on liquors to be amended and sent to the Governor, with a letter showing the reasons why he should pass it; and for a supplementary Act to be sent up immediately after. A petition for compensation for an executed negro recommended to the Assembly. [Board of Trade. Leeward Islands, 64. p. 469.]
April 9. 362. Minutes of Council of Maryland. Henry Phipps and William Bladen brought in the Journals of the Committees of Laws and of Grievances for this last Session. Phipps on examination admitted that both were in his hand-writing, but that in the Journal of Grievances he had written only what was bidden him by the Chairman, that this had not been read to the Committee, that it was all that he had been ordered to write, and that the Chairman took all the other papers into his own possession. He said further that the journal of the laws was dictated by various members of the Committee and read over to them, that he had kept no rough notes, and that he had styled the Delegates "the Honourable House of Assembly" by the Committee's order. Order for the copies of this examination to be sent to all the counties that they may see how the country is abused, particularly by the hiring of Committee-rooms in a public house when rooms are already set apart in the State-house, and in Mr. Clarke's receiving the profit of his servant Phipps's allowance for acting as Clerk of those Committees. William Bladen deposed that on the 2nd inst. Philip Clarke said to him that he wondered the Governor did not keep old Randolph with him as he was a good scholar, and that if the Governor had only advised with him he might have had anything he wished done in the Assembly. Certain depositions concerning Pennsylvania were referred to the law-officers. [Board of Trade. Maryland, 13. pp. 448–450.]
April 11 363. Journal of Council of Trade and Plantations. Mr. John Smith produced his memorial relating to silver-mines in America.
Minutes of Council of Jamaica from 13 August to 1 December, 1697, read. Mr. Baber attended and said that he had appointed Mr. Allan Brodrick to be his deputy in Jamaica, whose uncle, the Attorney-General, would take care that he gave good security. Ordered that Sir William Beeston be acquainted in the next letter of the Council's care in speaking to Mr. Baber.
Mr. Cole attended on the business of Newfoundland and was informed of the representations and other orders thereupon. He desired to have the heads thereof in writing, which were given to him.
April 12. Mr. Usher's letters of 19 and 23 December last read; also Mr. Addington's letter of 15 January, enclosing several Acts and public papers of Massachusetts.
Order for the Secretary to pay himself £15 for the use of his house by the Commissioners after the fire at Whitehall, and three guineas to his servants.
Mr. Usher's letter of 20 January last, and Mr. Stoughton's of 25 January last, were received and read.
April 14. Mr. Burchett's letter of yesterday as to convoys read (No. 367), and orders given to the Secretary for his answer to the same this day (No. 368). [Board of Trade. Journal, 11. pp. 23–28.]
April 12. 364. Minutes of Council of Barbados. Orders for sundry payments. The Assembly sent up a member to report that they were met, and desired two members of Council to swear them, which was done. Charles Buckworth appointed Judge of Admiralty. [Board of Trade. Barbados, 65. pp. 345–346.]
April 12. 365. Journal of Assembly of Barbados. Message to the Council to ask for a Councillor to swear the Assembly. Bills for printing the laws and ascertaining the powers of the Assembly passed. [Board of Trade. Barbados, 65. pp. 289–290.]
April 12. 366. Minutes of Council of Virginia. A letter from the Commissioners of Customs was read, acquainting the Governor of the discharge of two ship-masters' bonds.
April 13. The Clerk of the Council being sick, the Attorney-General was instructed to assist him in his duty. The Committee appointed for revision of the laws asked for further time to complete the same. Order for the ship Flying Hart to be delivered to her purchasers. Order for renewal of the Naval Officers' bonds. Order for impressment of a sloop to carry assistance to H.M.S. Swift, stranded near Currahtuck. Order for prohibition of fictitious transfers by masters of ships. [Board of Trade. Virginia, 53. pp. 117–119.]
April 13.
Admiralty
Office.
367. J. Burchett to William Popple. The Admiralty has appointed several ships to proceed to the West Indies to relieve the ships now there. My Lords desire to know, before the final instructions are given to them to proceed, how long the Council of Trade think it necessary for the ships now there, in time of peace, to wait for their respective convoys. The Order in Council of 22 October, 1696, directs that two months' stay should be allowed for loading and unloading, with the addition of certain days, not exceeding twenty, to those of Barbados, and fifteen to those of Jamaica and the Leeward Islands. Signed, J. Burchett. ½ p. Endorsed, Recd. Read 14 April, 1698. [Board of Trade. Plantations General, 4. No. 106; and 34. p. 267.]
April 14.
Cockpit.
368. William Popple to the Secretaries of the Admiralty. In reply to Mr. Burchett's letter of yesterday, the Council of Trade would refer the Admiralty to the Order in Council of 8 November last, grounded on the Admiralty's report of 6 November and the Council's representation of 19 October, fixing the number and rates of the men-of-war to attend the West Indian Islands, which the Council of Trade take to be the present rule in that matter. [Board of Trade. Plantations General, 34. p. 268.]
April 14.
Bermuda.
369. Governor Goddard to Council of Trade and Plantations. Yours of 2 July reached me not till the 1st of November. I find that you were pleased to accept the allegations of Mr. Richier's brother and the complaints of other persons, and to recommend that another be appointed Governor in my place. I wish he were come with all my heart. I think this, with submission, a hardship upon me without hearing, but while I am Governor I shall be careful to discharge my duties. Yours of 27 October reached me on 14 January. I hope that you have received my former letters, and I beg that you will favour and countenance me with common justice, for I ask no more. You will find all Richier's allegations, and those of Fox, Mr. Vaughan and Adam Eve all fully answered. I send you a declaration of Mr. Wall as to Richier's loyalty, which I may venture to aver to be true, though not upon record. I may confidently affirm that lies have been his only refuge and support in his scandalous accusations against me. At midnight on 24 December he broke out of prison and is concealed up and down in the island. I hear from several parts of the West Indies of a new Governor coming to Bermuda. I wish he were here with all my heart, and I at Whitehall defending myself against Mr. Richier's falsities. Signed, J. Goddard. 1¼ pp. Endorsed, Recd. Read 20 May, 1698. Enclosed,
369. I. Address of the inhabitants of Bermuda to the King. Congratulating him on his deliverance from the two late conspiracies, and praying him to continue John Goddard as Governor. 145 signatures. Copy. 2 pp.
369. II. Minutes of Council of Bermuda, 3 January, 1697–8. The Governor informed the Council that Isaac Richier had escaped from prison, and written letters to several persons that by Order in Council of 17 May, 1697. Mr. Goddard had been removed from the Government. The Council resolved that these letters tended to faction. Here follows a copy of one of Richier's letters. The Council then examined the allegations of Thomas Walmsley, and on the Governor's query declared that he had never forbidden nor obstructed by intimidation the taking of evidence on Richier's behalf, that Mr. Richier's disloyalty was on record, that the statements of the other complainants were also refuted by the records, that Richier had never appealed to the King in Council, as alleged by John Dudgeon, and that Governor Goddard was always ready to restore Richier's goods. Formal protest of the Council against the allegation that Governor Goddard intimidated witnesses who came forward on Richier's behalf. 4½ pp.
369. III. Extract from the Minutes of Council of Bermuda of 17 February, 1698, giving an account of the proceedings at the proclamation of peace. 1 p.
369. IV. Record of the dismissal of Isaac Richier's appeal in the suits between him, Nicholas Trott and William Peniston. ½ p.
Further records as to these suits. Record of the proceedings in outlawry against Isaac Richier, 15 May, 1695. Certificate of the authenticity of these records. 5 pp.
369. V. Narrative of the disaffection of Isaac Richier by Samuel Wall. A series of allegations of disloyal language, rejoicing at defeats of the English and the like. 1 p.
369. VI. Declaration of Samuel Wall. That Isaac Richier called him rogue, villain, rebel and traitor, when he confessed that he was in the revolution against King James. ¼ p.
369. VII. List of the foregoing documents enclosed in Governor Goddard's letter. ½ p. [Board of Trade. Bermuda, 3. Nos. 23, 23 I.–VII.; and (without enclosures) 29. pp. 113–114.]
April 14. 370. Minutes of Council and Assembly of Antigua. On the representation of the Assembly that the Council could seldom make a quorum owing to the infirmity of some of its members, Henry Pearne and John Tankard were sworn of the Council. The Assembly sent up a message asking for certain accounts to be paid, and another submitting a scheme of taxation, and asking for writs to be issued for election of two new members in the room of Mr. Pearne and Mr. Tankard. The Council concurred in the latter message. A patent for land passed. The Governor adjourned the Assembly to 5 May. [Board of Trade. Leeward Islands, 64. pp. 252–255.]
April 14. 371. Minutes of Council of Maryland. A brief empowering the Collectors and Naval Officers to receive subscriptions to the church and free-schools was sent to the various districts. Depositions taken as to young John Coode's announcing that a new Governor was coming, and as to scandalous words spoken by Philip Clarke. The said Clarke was then examined as to his attestation of the charges formulated by Gerard Slye, but said that he knew nothing of most of them. James Crauford swore likewise that he knew nothing of them. It appearing that Philip Clarke had acted as Deputy Collector to George Muschamp, the papers concerning the business were referred to the law-officers.
April 15. Ninian Beale made a report about the new rangers. The Grand Jury having prosecuted the Sheriff, Clerk and Justices of Prince George's County for illegal levying of tobacco from the inhabitants, Sir Thomas Laurence disclaimed any receipts from such a levy and promised to displace the Clerk. A Coroner was discharged for taking illegal fees. Order for enquiry into the days occupied by the Commissioners of the levy in St. Mary's and Calvert Counties, and of their expenses at the ordinary-keepers'. Order for dismissal of the Clerk of Cecil County for misconduct. William Bladen gave evidence as to the speech made by the Speaker to the Committee of Grievances, asking them to ascertain why the levies were higher now than in Lord Baltimore's time. On the opinions of the law-officers, Colonel Jowles, though Chancellor, was summoned in default of other members to sit in the Court of Appeal. The Governor acquainted Robert Smith and four more gentlemen of his intention to recommend them for Councillors. New militia-officers appointed for Anne Arundel County. Fresh evidence taken as to scandalous words used by Philip Clarke and Josiah Wilson. Order for the clerk of the Mayor's Court of St. Mary's to furnish returns of all proceedings therein. Order for the Court of Appeals to open to-morrow, and for Arnold Noding's sloop to be released on his giving bond to answer the value in case of condemnation. [Board of Trade. Maryland, 13. pp. 451–465.]
April 14. 372. Minutes of Council of Massachusetts. Order for payment of £100 to the persons appointed to wait on the Earl of Bellomont, and leave granted to them to draw such further money as they shall need in New York.
April 16. Order for payment of £100 for provisions and accommodation for Lord Bellomont on his arrival. [Board of Trade. New England, 49. pp. 151–152.]
April 15. 373. Minutes of Council of Virginia. On the petition of several masters of ships as to entering and clearing, it was ordered that the Collectors proceed to their duty therein. [Board of Trade. Virginia, 53. pp. 119–120.]
April 15.
Admiralty
Office.
374. J. Burchett to William Popple. Your letter of yesterday has been laid before the Lords of the Admiralty, but after perusal of the Order in Council of 8 November last, of the representation of the Council of Trade and the report of my Lords thereon, they find nothing therein to satisfy them in what they desire. This Order in Council, made during the late war, expressly directed how long the men-of-war were to wait for loading and unloading at Jamaica, the Leeward Islands and Barbados. The Admiralty desires to know whether, in the opinion of the Council of Trade, it is necessary in time of peace to make any alteration in the time for which the men-of-war at these places shall wait for the homeward-bound ships. Signed, J. Burchett. 1 p. Endorsed, Recd. 16th, Read 18th April, 1698. [Board of Trade. Plantations General, 4. No. 107; and 34. pp. 269–270.]
April 15.
Victualling
Office.
375. Commissioners of Victualling to William Blathwayt. We lately received an order from the Commissioners of the Navy, of which and of our answer we enclose copies. Yesterday we waited on the Lords of the Admiralty, and are satisfied that the provisions for the garrison of Newfoundland must be sent in ships freighted here for that purpose, which we shall endeavour to take up with all speed. As to two further particulars we are still in doubt, and since the Admiralty gave us no directions we must ask you to explain (1) What will be the number of non-commissioned officers in the garrison; (2) What it is to be accounted sufficient to victual them for a year. If you cannot answer us, pray obtain for us orders whether we shall send the full proportion of victuals allowed to the seamen on the King's men-of-war at whole allowance for the whole time of thirteen months, which completes a year. Sometimes our orders have been for victualling soldiers otherwise than seamen; and in particular on some voyages the soldiers have been allowed but two quarts of beer a day, whereas the seamen at whole allowance have a gallon. Again the seamen are sometimes on short allowance of two-thirds of their provisions, so that eight months' provisions at whole allowance serves for twelve months. If this be thought sufficient, then only eight months and two-thirds of provisions at whole allowance need be sent to answer the thirteen months for the whole year. Pray let us clearly understand what we have to do. Signed, Hum. Ayles, Simon Mayne, Tho. Papillon. 1 p. Endorsed, Communicated by Mr. Blathwayt. Recd. Read 18 April, 1698. Enclosed,
375. I. Copy of a letter from the Navy Board to the Victualling Board. Navy Office, 5 April, 1698. Ordering them to send over to Newfoundland forthwith, with the men-of-war now bound thither, provisions for one year for two officers and 43 privates, with their non-commissioned officers, and for eight attendants of the train. ½ p.
Copy of the Answer of the Victualling Board to the Navy Board. Victualling Office, 12 April, 1698. With reference to yours of 5th, please explain (1) whether the provisions are to be sent to Newfoundland on a man-of-war, or on a ship taken up for the purpose; for our order is to ask the Treasury for money for the victuals, and nothing is said about freight. (2) How many non-commissioned officers there are, for we are not so skilled in military matters as to know the exact number? (3) Is the allowance to the soldiers to be the same in proportion as to the seamen of the King's ships, and, if so, how many months' provisions are to be sent to be sufficient for a whole year? Seamen at short allowance have but eight months' provisions for twelve months, and we do not think ourselves fit judges of what is sufficient. Without such explanation we cannot make an estimate for the Treasury. ¾ p. [Board of Trade. Newfoundland, 5. Nos. 102, 102 I.; and 25. pp. 195–199.]