America and West Indies: May 1699, 6-10

Pages 196-208

Calendar of State Papers Colonial, America and West Indies: Volume 17, 1699 and Addenda 1621-1698. Originally published by His Majesty's Stationery Office, London, 1908.

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.


May 1699

May 6. Bill for support of Ministers read the second time. Bills for reviving an Act regulating the retaining of Attorneys; encouraging the Post Office; and regulating elections read the first and second time and committed. Bill for breaking certain extravagant grants ordered.
May 8. The Bill read the first time. The case of Audry Wandall v. Richard Alsop considered. Bills about Attorneys and Elections read the third time and passed. A place at the mouth of Maiden Lane in Queen's Street appointed for shipping goods as well as the Custom-house wharf. [Board of Trade. New York, 72. pp. 792–798.]
May 6.
351. Mr. Secretary Vernon to the Council of Trade and Plantations. I enclose a copy of a letter from the Consul at Algiers to the Admiralty. His Majesty refers to your consideration whether merchant ships belonging to the Islands or Plantations, or that shall trade thither, should not have the Admiralty Passes to secure them from the Algerines. Signed, Ja. Vernon. Annexed,
351. I. Letter from the Admiralty to Mr. Vernon. Enclosing copy of
351. II. Letter from Mr. Robert Cole, Consul at Algiers, to the Admiralty, March 4, 1699. I am sorry that the Admiralty Passes for our Navigation are to be continued, since it's an undeniable truth that they are the only instruments that can breed misunderstanding between Our Great Master's subjects and this Government. Heretofore Ireland, New England nor other foreign parts were not prepared with Passes, so that it seems to me that one part of H.M. subjects have the advantage of the Peace and others not. [Board of Trade. Trade Papers, 14. pp. 269–272.]
May 6.
352. Mr. Addington to Mr. Popple. This accompanies the minutes of Council, Sept. 22, 1698—Ap. 7, 1699, and the Journal of the General Assembly, Nov. 15, 1698, with the Acts and Laws then passed and four private Acts omitted to be sent before. The Bill for regulating and inspecting the building of ships has been re-enacted at the instance of the merchants, the benefit having been observable as well for the preservation of life as estate. Their Lordships' letter of Feb. 3 with the enclosed orders of the Lords Justices have been received by the C.-in-C.; the orders have been published, and the pacquets directed to the Governments of Connecticut and Rhode Island transmitted unto them. Enclosed is a Proclamation for apprehending pirates. Bradish and ten more of his confederates are taken and imprisoned within this Government and betwixt two and three thousand pounds in money found with them seized and secured. Near a like number with some considerable quantity of money are secured in Connecticut, and some money and goods at Rhode Island. No process is yet had against them in custody here, in expectation of H. E. Lord Bellomont's speedy coming to the exercise of his Government over this Province, where all things are in present quiet. Signed, Isa. Addington. Endorsed, Recd. July 15. Read July 25, 1699. 2¼ pp. Enclosed,
352. I. Copy of a Proclamation by the Lt.-Gov. of Massachusetts Bay for the apprehension of Bradish and his accomplices. Signed, Wm. Stoughton. Endorsed, Recd. July 15, 1699. 2 pp. [Board of Trade. New England, 9. Nos. 59, 59 I.; and (without enclosure) 37. pp. 161–164.]
May 6. 353. Minutes of Council and Assembly of Nevis. Patents for lands issued to Mr. Carpenter and William Pym Burt. Col. Daniel Smith returned James Bevon and Wm. Ling Assembly men for the S.E. division. Col. Abbot returned Mr. Tovey and Mr. Goare for the N.W. Mr. Bevon returned Mr. Brome and Mr. Pinney for the town; Mr. Symonds returned Mr. Evans and Mr. Henly for St. George's; Col. Smith returned Mr. Gardner and Mr. Belman for the N.E. The Assembly was sworn, elected Mr. William Ling, Speaker, and proposed that the case of Richard Tovy, who was reported to be not fairly elected, be heard by both Houses. [Board of Trade. Leeward Islands, 64. p. 495.]
May 6. 354. Journal of House of Burgesses of Virginia. The Governor's speech considered. Grievances read and referred.
May 8. An address of thanks to the Governor ordered. The Bills proposed in the Lords Justices' Instructions, with other matters contained in the Speech and several Claims and Grievances, were referred to Committee of Propositions and Grievances. Upon the report of the Committee, the grievances from Accomack and Lancaster Counties, praying that negroes be made real estate and be sold by deed only, were rejected. As to the grievance of Surrey County about marriage with negroes and mulattoes, it was agreed that this is already sufficiently provided against by law, as also the exportation of negroes. Upon the grievance from Elizabeth City County, it was decided to prepare a Bill for the payment of taxes by free mulatto women. It was agreed that the laws already sufficiently provide against the entertainment of servants and slaves. Upon the grievance of Middlesex County a Bill was ordered for imposing a tax of 10s. per poll upon all imported servants, not English, and negroes, the tax to be for three years and appropriated to building a State House. The grievance of Accomack, that Virginia has no agent in London, referred to the next Assembly owing to want of money. As to the grievance of Accomack it was decided there was no need of a law to free Justices from arrests in Court times. In accordance with a grievance from Northampton County, the place for the holding of General Courts will be provided in the new State House, and in accordance with those from York and Elizabeth City Counties, a Bill was ordered to be prepared for preventing the discontinuance of Courts and process by the not coming of the Justices.
May 8. The grievance of York County was rejected, it being held that York Court is already conveniently settled. Upon the grievance of Lancaster County that justice is greatly delayed by the thinness of the magistracy and their frequent adjournments and chiefly by the selling of drink near the Court-houses, it was answered that the first might be remedied by application to the Governor and the second would be met by the Bill against Immorality, etc. The grievance of Accomack, praying that the time of payment of Burgesses upon their journies might be enlarged, was rejected, but that proposing that a Bill to prevent undue elections be prepared was agreed to. In accordance with the grievances of Lancaster, Accomack, New Kent and Henrico Counties, a Bill was ordered to be prepared to prevent the exportation of old iron, and a Bill prohibiting the unseasonable killing of deer, on the grievance of Accomac. But the grievances of Accomac, praying that the encouragement to the Indians for killing wolves might be increased and of Northampton and Nansemond that it might be lessened, were rejected. Suggested alterations of Miller's Toll were rejected, with the proposition of Westmorland County to encourage the destruction of crows.
May 9.
May 10.
The House in Committee considered the value of coins, and resolved, that all pieces of eight, as well Peru as others, that weigh twelve pennyweight do pass current at 4 shillings and all half pieces of eight weighing six pennyweight at 2s. and so to be advanced fourpence upon every pennyweight. All quarter pieces to pass current at fifteen pence; Royals at sevenpence halfpenny and half Royals at threepence three farthings as formerly; Dog and Lion dollars at 4s. each; Rix dollars or ducatoons at 6s.; French crowns at 5s.; Spanish pistols and Luidors at 20s.; Chickeens and Arabian pieces at 10s. These values not to extend to the payment of debts already contracted. Bill ordered to be prepared accordingly, and a Bill to confirm their lands to all persons. The proposition of two members that Hogstoaling may not be understood to be within the law for prosecuting and trying negroes or slaves in the County Courts for capital crimes by commission of Oyer and Terminer read, and referred to Committee of Grievances. (And see following abstract under date.) The House disagreed with the report of the Committee of Grievances that a Bill for the prohibition of the exportation of Indian corn was not necessary and ordered it to be brought in accordingly. It was decided that, a firm peace being concluded, there was no need to accept the proposition of New Kent County that the law for Rangers be continued. Proposition from Gloucester County that H.M. quit-rents may be paid in tobacco at 2d. per pound etc. rejected as belonging to His Majesty to deal with. Proposition of Lancaster and Gloucester Counties that Coroners may be had in every County, and that a law be made how writs of Replevins should issue referred to Committee for revising Laws. It was decided that there was no need for further laws for the maintenance of bastard children or duties in Maryland on Virginia commodities. A Bill was ordered to prevent the poisoning of whales. Doubts about collecting Parish duties were referred to the Committee for revising laws, and complaints about Collectors were rejected, as being proper to make to the Governor. A Bill was ordered to be prepared about pounds for unruly horses suffered to go at large. No imposition being intended to be laid upon the public for the use of the College, the grievance of Isle of Wight County against it was rejected. Settling of the land south of Blackwater referred to the proper Committee. It was decided that the law sufficiently provided for cases of unqualified Churchwardens and Vestrymen; and that a law for the payment of levies for such Tuscarora Indians as make tobacco and come amongst the English for their use, and that they may be listed as tithables, or that they be restrained from coming amongst the English, was not necessary. The proposition of the parish of Wilmington to be united to James City was rejected. The ascertaining of the bounds of the counties was referred to the next Assembly. The Grievance of Charles City County that mulattoes be restrained from keeping Christian servants was referred to the Committee for revising the Laws. The grievance of Gloucester and Lancaster was not rejected as recommended by the Committee, but referred to the Committee for revising the Laws to provide remedies against the false tareing of tobacco hogsheads. The proposition of Westmorland for a more effectual law against hogstealing was rejected. The proposition of Lancaster and Gloucester praying that care may be taken for the education of youth brought up in the Christian religion rejected as unnecessary.
Grievances from Accomack, Lancaster and Gloucester requesting the punishment of vagrant vagabonds and idle persons and the assessment of common labourers rejected as sufficiently provided for, as also a grievance for preventing shooting upon other men's lands. The proposal for putting the Act of Toleration in execution for the prevention of Sabbath-breaking was referred to the Committee. It was decided that there was no need of a law for preventing litigious suits before a Justice of the Peace. The grievance of Stafford County concerning the Indian, Esquire Tom, convicted of murder but protected by the Emperor of the Piscattaways, referred to the consideration of the House. Irregularities in a parish in Norfolk were referred to four justices of Queen Anne's County to report upon. [Board of Trade. Virginia, 52. pp. 370–399.]
May 8. 355. Journal of General Assembly of Virginia. Grievances of the inhabitants of Norfolk and Charles City Counties referred to the House of Burgesses.
May 9. Dionisius Wright appointed Clerk to the Joint Committee on the Blackwater lands, to which the complaints of the Queen of Pamunky and the several other Nations of Indians were referred.
May 10. It was resolved to recommend the revisal of the Laws to the House of Burgesses, and that a Joint Committee should be appointed to consider the best methods of revising them. The Burgesses were summoned and the Governor recommended this expedient as likely to save them much time.
May 11. Petitions for allowances for services read and referred to the Burgesses, who were invited to appoint a Committee to inspect the Records and Papers which Peter and Robert Beverley had been instructed to list and lodge in their several offices. The Burgesses desired a conference about the murders, etc., committed by the Indian called Squire Tom.
May 12. The Queen of Pamunky complaining that several English have encroached upon the liberty of her people, three of the great men of the Pamunky Indians were summoned to prosecute their complaint. The Burgesses were informed that the Council were ready to confer with them in the Great Hall as they requested yesterday. The Burgesses presented a congratulatory address to the Governor. [Board of Trade. Virginia, 52. pp. 84–96.]
May 8. 356. Journal of Council of Trade and Plantations. Acts of Barbadoes, 1698, considered and representation thereon ordered.
Letter to Mr. Lowndes about money for the forces at New York ordered to be written and given to Mr. Weaver.
Ordered that in the next letter to Mr. Grey he be directed to recommend to the Assembly of Barbadoes to build a house for the Governor's residence.
Col. Codrington's Instructions considered; copy thereof ordered to be communicated to him.
Letter from Mr. Secretary Vernon about Turkey passes for Plantation ships read and an answer prepared.
May 9. Messrs. Gold and Henshaw attended and admitted the Duke of Tuscany's prohibition of the sale of ill-conditioned fish was not without occasion, great abuses having been committed in the curing and packing fish in the West Country. But the proclamation had been extended in its execution beyond the true reason because of a glut on the market, and they therefore proposed that His Majesty might be moved to write to the Great Duke in their behalf.
Petition of Robert Chaplin about a decree in Barbadoes read.
Letter to Mr. Secretary Vernon about Turkey Passes signed.
Petitions of Col. Samuel Gardiner, late L.-G. of Nevis, and of Thomas Duncombe, late of the Council of Antigoa, praying for copies of the charges against them read. Mr. Weaver ordered to attend.
Col. Codrington's Instructions considered. [Board of Trade. Journal, 12. pp. 31–35; and 96. Nos. 74, 75.]
May 8. 357. Minutes of Council of New York. Committee for auditing the accounts appointed. Commissioners of Customs ordered to summon the public-house keepers to agree for their excise for the next year. Col. Smith permitted to let the excise of the County of Suffolk on the Island Nassau for the next year in the best manner he can.
May 10. Petition of William Shackerley read.
May 11. Bradish's money delivered by Col. Peirson to Col. Stephen Cortlandt and Mr. Robt. Livingston by H.E.'s order, for which they are to give bond in double the sum.
May 12. Col. Smith ordered a gun and powder supplied by him to an Indian on Col. Fletcher's order. Shackerley's papers lodged in the Secretary's Office laid before the Board.
£22 ordered for wine given to the soldiers and militia the last training day.
Account of the Naval Officer referred to a Committee.
£4 18s. 0d. paid to Col. William Smith for expenses sent by him.
£2 11s. 0d. paid to Samuel Staats for the post from Ulster County.
May 13. Execution ordered to issue against Owzell van Sweeten and Adolphus Phillips, manucaptors in the case of Depeyster and Cruger.
May 14. Proclamation issued about the Scotch expedition. [Board of Trade. New York, 72. pp. 227–233.]
May 9.
358. William Popple to William Lownds. The Lords Commissioners for Trade and Plantations think it would be a great service to His Majesty, for keeping the forces at New York together, if some money were sent them. [Board of Trade. New York, 53. p. 297.]
May 9. 359. Petition of Col. Samuel Gardner to Council of Trade and Plantations. Petitioner was suspended from his office of Lieutenant-Governor of the Island of Nevis by the late General Codrington on pretence of his neglecting to give due obedience to a clause of an Act of Parliament made in the seventh and eighth year of his present Majesty. He conceives that he hath in nowise transgressed the Act, and prays for a copy of whatever charge was made against him, and doth not question but to justify himself. Endorsed, Recd. May 8 from Mr. Weaver. Read May 9, 1699. [Board of Trade. Leeward Islands, 6. No. 20; and 45. p. 360.]
May 9. 360. Petition of Thomas Duncomb to the Council of Trade and Plantations. The petitioner was suspended from being one of the Council of Antigua by the late General Codrington without any legal cause or reason being assigned. He therefore prays for a copy of the charge against him, if any, that he may be heard in his defence and on his justification restored. Endorsed, Recd. May 8. Read May 9, 1699. [Board of Trade. Leeward Islands, 6. No. 19; and 45. p. 360.]
May 9.
361. Council of Trade and Plantations to Mr. Secretary Vernon. In answer to your letter of the 6th, we consider that the 4th Article of the Treaty with Algiers, which relates to passes, extending equally to all merchant ships or other vessels of H.M. subjects not being in any of the seas appertaining to H.M. Dominions, it will be much for the security of all ships trading to H.M. Plantations and of all others trading anywhere southwards, that they be furnished with such passes in pursuance of the said Treaty as may secure them from the Algerines, who often cruize in the seas through which these ships must sail. Signed, J. Bridge-water, Tankerville, Ph. Meadows, John Pollexfen, Abr. Hill. [Board of Trade. Trade Papers, 14. pp. 272, 273.]
May 9. 362. Journal of Assembly of Barbados. Thomas Maxwell elected Speaker. Petition of the Jews read and laid by. Petitions from the towns relating to the Bill for the provision of servants considered. [Board of Trade. Barbados, 65. pp. 407–409.]
May 9. 363. Minutes of Council of Barbados. John Frost, a Leeward Island deserter, was sent to prison. The petition of Nathaniel Champnys, late Lieutenant of H.M.S. Dolphin, Thomas Allen, master, and James Creswell, purser, relating to Capt. Collin Hunter ordered to be considered this day sennight. The petition entered in the Council Books; "the Commander has broken several articles of his instructions; the command, order and discipline required in the Navy is not on board the ship, and to the detriment and dishonour of His Majesty's service the petitioner is restrained by the Commander from exercising the same, and has been imprisoned and barbarously used by him for attempting to do so. The petitioner has written to the Admiralty and prays that the Dolphin may be ordered not to leave Barbados before the Lords Commissioners' directions are known." [Board of Trade. Barbados, 65. pp. 393–395.]
May 9. 364. Petition of Robert Chaplin of London, merchant, praying that 1,200 and odd pounds, which by a decree in the Island of Barbados were given in favour of Captain Alexander Cunningham, for breach of covenants contained in a lease of a plantation called Staplegrowth Plantation in that island, may remain in Court there till His Majesty has determined the cause in Council. Not Signed. On back,
May 6.
364. I. The above petition is referred to the Council of Trade and Plantations to consider and report upon. Signed, James Vernon. Endorsed, Recd. Read May 9th, 1699. 2 pp. [Board of Trade. Barbados, 7. Nos. 89, 89 I.; and 44. pp. 258–260.]
May 9. 365. Minutes of Council of Virginia. Upon considering the state of the fortifications, it was decided that the country could not be defended by land fortifications, the country being low towards the sea, and there being landings at almost every plantation and many good landing-places where there were no plantations, so that it would be easy to come upon the backs of those defending the fortifications, take them and use the guns against the country. Nor would the fortifications be sufficient to prevent insurrections or illegal trade or guard trade, as some rivers are so broad that their guns will not command them. To keep all the powder in a few fortifications is dangerous. The only means to protect the Government must be by a naval force. It was therefore resolved to spend no more upon the existing fortifications and to distribute the powder stored in them through the counties. These proceedings to be laid before the Burgesses.
May 10.
May 11.
John Lightfoot, complaining of two entries in the Council Books, Sep. 25, 1696, and March 1, 1696/7, before he was a member, an entry was ordered in praise of his conduct since he was sworn of the Council more than two years ago. Payments for messages last year ordered.
John Hanley ordered to be paid £25 for his platform.
May 12. A warrant ordered April 18 for payment to William Byrd, signed. [Board of Trade. Virginia, 53. pp. 248–253.]
May 10. 366. Memorial from Mr. Puckle and partners. The settling of Tobago in English and Courlanders' hands will be of great service to trade. The island has better bays and harbours than any other of our plantations, and might be fatally prejudicial to the kingdom if it fell into the hands of the French or Dutch, who both court it. It will not injure any of our sugar plantations as the planting of sugar there is prohibited; the planters will do well enough with indigo, cotton, ginger, tobacco and other natural products. It will cost the Crown little beyond the cost of the attendance of the small frigate for a few months during the first settlement of the island. Not Signed. Endorsed, Read 10th May, 1699. 1 p. [Board of Trade. Barbados, 7. No. 90; and 44. p. 261.]
May 10 367. Copy of the Articles of Agreement between the Hon. Charles, Baron de Blomberg, envoy of the Duke of Courland, and Thomas Puckle Nicholas Dupin, Richard Goddard and Joseph Blake, of London, merchants, and their intended company, relating to the settlement of Tobago, indented and agreed upon, Dec. 15, 1698.
Fifty thousand acres of land in the island of Tobago granted to Thomas Puckle, etc. their heirs and assignees for ever, free from payment for three years; settlement to begin within six months. A quit-rent of twopence per acre per annum to be paid after three years. The heathen natives to enjoy their habitations and lands without disturbance. Mining and fishing royalties to be shared equally between the Duke and the company, the company paying all expenses. Provisions for the government and administration of the island by a Governor, Council and Assembly, etc. The making of sugars to be prohibited in the island. Thomas Puckle and Company to pay £3,000 to the Duke within a month of the subscription of £15,000 for the intended joint stock. Endorsed, Read May 10, 1699. Nine large pages. [Board of Trade. Barbados, 7. No. 91; and 44a. p. 261.]
May 10. 368. Copy of the grant of the island of Tobago by King Charles II. to the Duke of Courland, Nov. 17, 1664. Taken from Dr. Connor's History of England. Endorsed, Communicated to the Board by Sir William Waller, April 28. Read May 10, 1699. 4 pp. [Board of Trade. Barbados, 7. No. 92; and 44A. p. 261.]
May 10. 369. Wm. Thornburgh to William Popple. I transmit you a copy of Col. Trott's answer delivered to the Lords Proprietors of the Bahama Islands on Monday last. Signed, Wm. Thornburgh. Endorsed, Recd. Read May 11, 1699. Enclosed,
369. I. Answer of Nicholas Trott to complaint about the ship Jufrow Gertrud. About the latter end of March, 1694, three boats filled with men appeared in sight of New Providence, which alarmed the inhabitants, who were at that time weak, many of their men being gone to the Salt Ponds and abroad in voyages. But the Captain sending the Lieutenant on shore, and acquainting the Governor that they were friends and had lost their ship by stress of weather about 50 leagues from that place, and wanted provisions and all necessaries, he permitted them to come on shore. They first having, according to their own offer, delivered up their arms as an assurance of their peaceable intention, which the Governor thought convenient, they being superior in strength to the inhabitants. The arms were but 10 fuzees and 17 pistols, part of the ship's furniture, and were laid up in the public storehouse and there left by him. Some of the ship's crew were afterwards very importunate to have their arms delivered to them, which the Governor did not think was convenient, and the rather because Captain L'Offrey advised him to the contrary, saying they were mutinous fellows of divers nations and would be apt enough to attempt some mischief; that they had forced him to divide all the money they had saved out of the ship amongst them, share and share alike, which came to about £200 a man. The Captain likewise told him the ship was utterly lost and broke to pieces, so that he believed the place of the wreck was not easily to be found, but that if they could save anything he freely relinquished it to them, he being also owner of one-half both of ship and cargo. The inhabitants fitted out a sloop and very much importuned the sailors to go with them, who refused, saying that they had run the risk already, and [they] could not prevail with any but one French Protestant. They found the place where the ship was supposed to be wrecked and two wrecks lying. close together, and from them the divers with great pain and difficulty took up some small matters. The Governor used the Captain and his sailors with all kindness and humanity, which he always acknowledged, and had not anything from them, but some small presents they made for the charge and expense he had been at. True it is there was an embargo laid by Order of Council, the French having then lately appeared on the coast, and some of the ship's crew endeavouring to get away without leave were by the Governor's order brought back again. He utterly denies the imprisonment of any of the men or any process towards the confiscation of the ship. He knows nothing of her, her lading or voyage, but what he heard from the Captain and crew, nor of the wreck, but what he was informed by them or those that went by the Captain's direction. The words alleged to be spoken by the Governor are so foolish and extravagant and so different from the respect he has always shown to H.M. Government that he hopes they will obtain no credit, as he avers they deserve none. Copy. 2 pp. [Board of Trade. Proprieties, 3. Nos. 13, 13 I.; and (without covering letter) 25. pp. 414, 415; and North Carolina, 4. pp. 72, 73.]
May 10. 370. French Ambassador's answer to the memorial of H.M. Commissioners, March 17, 1699, relating to their claim of a title to Hudson's Bay. The French made the first discovery of the Bay to the North of Canada, the first settlements for carrying on the trade there. The disturbance was begun by the English only. It is not worth while to dispute about the voyages mentioned in the memorial from 1497–1631. But in general it does not appear that the English knew those northern countries from the year 1497, but the Normans and the Basques did then go a-fishing to Newfoundland, the Gulph of St. Laurent, on the coast of Labrador, and to the North of the isle of Newfoundland. Many voyages might be quoted, but it is certain that if the English, Danish, or other navigators made any voyages thither, it was only with an intent to find out a passage to the South Sea. It cannot be proved that they made settlements or carried on any trade in the Bay of the North of Canada, or even knew the places mentioned in those old maps they pretend to make use of, which were made but 30 or 40 years ago, since the English were introduced into the Bay. To establish a rightful possession of a country, it is not sufficient to have discovered and even inhabited the same for some time; but an antient possession or a continual habitation or a trade at least carried on are requisite in order to pretend or dispute a property, which the English cannot justify as to the Bay of the North of Canada. They own the interruption of their possession 1631–1667. The troubles and civil wars they allege as the reason did not begin till about 1640, and during those troubles they preserved their other plantations, and even increased the trade and extent thereof. If the French insisted upon voyages made at different times and taking possession of the countries where they have been, they might demand Carolina now, because in the time of Francis I., Hen. II. and Charles IX. they had forts there, and all New England and the New Low Countries, for they had commanders and settlements there 1604–1610, whilst the English, who then possessed only Virginia, began to settle themselves on that coast but towards the year 1626. The authors who have written about Canada or New France give it no limits northwards, and it appears by all the grants or Letters of Corporation made by the kings of France to the companies settled in New France, and particularly in 1628, that all the Bay of the North is comprehended in the limits mentioned by them. If the English had any knowledge of the bay or any claim thereto they would not have failed to insist upon it and expressly to mention it in the Treaty of 1632, when they restored to the French New France, which they had taken during the war. It is true that then and a long time afterwards the French had no forts upon the coast of the bay, because they being masters of the inland country, the savages with whom they had a continual trade brought their furs over lakes and rivers. The communication from Tadouzac to the bottom of the bay was always kept easily by the river of Saquenay, one may go thither also by other rivers and lakes on the side of Montreal, and those places are not 120 leagues remote from it. There are on the same side rivers which lead into the lake of the Hurons and the upper lake, at the head of which the French have always had settlements to trade in fur with all the savages who are on the west side of the Bay of the North. A great many instances of taking possession might be produced to justify that all those savages have acknowledged the king's soverainty before the English thought of going thither, as may be seen by examining the situation of the country. The English pretend it was in 1663 they first formed a design to go and settle themselves in the Bay of the North, and that in 1667 Zacchary Gilhem was the first who went into the bottom of the Bay, where he built Charles Fort on the River Rupert, but they conceal that the prospect of those settlements was suggested to them by Radisson and Desgrozelliers, subjects of the King and inhabitants of Canada, who conducted them to the bottom of the Bay, of which the English had not any knowledge. The Letters of Corporation granted 1670 by Charles II. to the Hudson's Bay Company cannot give them any right, because that Prince could not dispose of a country and lands lawfully and constantly possessed by France without any opposition. The wars which France was afterwards obliged to maintain against almost all Europe hindered her from opposing the new attempts of the English, and the engagements entered into with Charles II. made it unfit to revive any occasions of dispute. Nevertheless in 1675 the inhabitants of Canada sent a ship into the Bay of the North to put a stop to the undertaking of the English. The French who were sent thither came into the Bourbon River and wintered there. That River the English call Port Nelson, where there was then no sign found of any settlement or habitation. The inhabitants of Canada sent thither in 1682 two other ships with Radisson and Desgrozelliers who were come back to New France, and whom the King had pardoned for deserting. They arrived in August and made a settlement in the River of St. Therèze, a league and a half from the River Bourbon, and called it Fort Bourbon. The English had not yet discovered this River of St. Therèze. The same year there came near Fort Bourbon a ship from England and a barque from Boston which was left in the ice. The French gave leave to the seamen of those vessels to winter on the River Bourbon upon promise that they would not fortify themselves there. The men of the ship from England having broken their word were attacked and made prisoners; yet when the ice broke the French gave them one of their ships, 1683, to return to England, and the men belonging to the barque of Boston were charitably released and conducted to Quebec, whence they were sent back to Boston. It was explained in the memorial which has been delivered in what manner Radisson went over again into England and entered into an agreement with the Hudson Bay Company to go to surprise and plunder in 1684 Fort Bourbon. He is still in London and the Company actually pays him part of the pension they promised when they engaged him. The English take no notice in their memorial of all that passed in 1684, though in 1686 and 1687 the Sieurs de Barillon and de Bonrepos solicited very earnestly for the restitution of Fort Bourbon and of the effects which were carried away. The attempt of the English in 1684 in time of peace obliged those of Canada to go and attack the places in the bottom of the Bay whence the English were driven away. The losses the French sustained by the taking of Fort Bourbon exceeded by far the losses the English sustained when they were driven from the forts at the bottom of the Bay. The English were the aggressors. On these grounds the French demand to be maintained in the possession of Fort Bourbon and that all the bottom of the Bay to the North of Canada be restored to them. [America and West Indies. Hudson's Bay, 539. No. 8. pp. 21–25; and Board of Trade. Hudson's Bay, 3. pp. 74–80 (translation); and 2. No. 173. Endorsed, Read May 10, 1699. Original mislaid.]
May 10.
371. J. Burchett to Wm. Popple. H.M.S. Deale Castle, which with the Hampshire is designed for Newfoundland, being ordered to be fitted and victualled as soon as possible, I am commanded to give you this notice that the recruits may be in readiness to go abroad. Signed, J. Burchett. Endorsed, Recd. May 10. Read May 11, 1699. ½ p. [Board of Trade. Newfoundland, 3. No. 145; and 25. p. 312.]
May 10. 372. Minutes of Council of Barbados. A supplemental Act for the further provision of white servants was presented by the Assembly and read twice. The Council consented to the payment of £200 to William Hart, Esq., Deputy Secretary of the island. A petition from several inhabitants of St. Michael's and others relating to the aforesaid Bill was heard and the Bill referred to a committee. The Assembly presented an address upon the Treasurer's Accounts;—Charges have been made and orders passed and the Treasurer enjoined to pay them contrary to the Acts. The Assembly desire that for any payments further than by Act appointed, the consent and concurrence of their House may first be obtained. [Board of Trade. Barbados, 65. pp. 395, 396.]
May 10. 373. Journal of Assembly of Barbados. A present of £200 made to William Hart Esq., for the several signal services he has done this Island, together with a complimentary address. The duty on 20 pipes of Madeira wine, imported by His Excellency for his own use, remitted. The guardroom in James' Fort in St. Michael's Town ordered to be fitted up as a room where the Governor may hear petitions and give audience to masters of vessels. Bill for the provision of servants read a third time. Committee of Ways and Means to raise money for the present necessities appointed. [Board of Trade. Barbados, 65. pp. 410–412.]
May 10.
374. Journal of Council of Trade and Plantations. Two letters from Governor Grey of Barbadoes (March 2 and 3) read and answer ordered.
Letter from the Board of Ordnance read.
Documents relating to the settlement of Tobago read. Answer directed.
Mr. Weaver attended in defence of Thomas Duncombe and Samuel Gardner, suspended by the late Governor Codrington. He promised a memorial in writing.
Mr. Adderley's letter about the complaints against Lord Bellomont read. A copy of those complaints ordered to be sent to the latter.
Draft of an Instruction about Martial Law agreed upon.
May 11. Mr. Thornburgh's letter enclosing Mr. Trott's answer to the Dutch Ambassador read. Copy ordered to be given to Mr. Bradshaw, who sollicites that business. Trott summoned to attend on Monday. Mr. Burchet's letter of the 10th read and ordered to be communicated to Mr. Thurston.
Answer of the French Ambassador re Hudson's Bay read.
Remonstrance of Mr. Edward Palmes relating to the Government of Connecticut read. [Board of Trade. Journal, 12. pp. 35–39; and 96. Nos. 76, 77.]
May 10. 375. Minutes of Council of New York in Assembly. Bill about drift-whales read three times and sent down. Some articles in the schedule of fees explained. The Bill for the support of ministers rejected on account of H.M. instructions. An address to H.M. the King from both Houses proposed on the subject. Bill for continuing the Post Office read the third time. Explanation of the Bill about fences in Ulster required. Bills enabling New York and Albany to defray their necessary charges sent up, read twice and committed. Petitions of Jacob Mauritz and Johannes. Provoost referred to the Representatives.