America and West Indies: May 1699, 16-20

Pages 224-240

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.

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May 1699

May 16. Bills for restraining and punishing pirates and privateers, for punishing slaves for the first and second offence of hogstealing, for regulating juries, restraining the striking and killing of whales, read a first time.
Bills for suppressing blasphemy and preventing undue elections were read a second time and committed for amendment. [Board of Trade. Virginia, 52. pp. 407–410.]
May 16. 391. Journal of General Assembly of Virginia. The petition of Wm. Broadrib and Edward Travis, churchwardens of James City parish, praying the General Assembly to contribute towards the paying for the steeple and repairing of their Church, referred to the Burgesses. Col. Richard Lee reported from the Conference that the English had suffered great damage from the Indian Squire Tom, and that he was harboured by the Piscatoway Indians. The Council was desired to propose some method to bring him to justice.
May 17. A Committee was appointed to revise the Laws.
May 18.
May 19.
The Governor read his answer to the Burgesses' address, proposing the placing of the new public building "somewhere at middle plantation, nigh H.M. Royal College of William and Mary," and expressing satisfaction at their reception of the President and students' address. The Burgesses adopted the proposal. The Committee to consider the method of revising the laws presented its report, and a Bill against blasphemy, swearing and cursing, etc., passed by the Burgesses, was brought to the Council, which, with a Bill for the prevention of undue elections of Burgesses, was read a first time. The building of the State-house at Middle Plantation was agreed to.
May 20. The above Bills read a second time and committed for amendments. [Board of Trade. Virginia, 52. pp. 96–106.]
May 16.
392. Edward Randolph to the Council of Trade and Plantations. Yesterday I attended Governor Day with a new collector I deputed to supply a vacancy by the death of the former. He told me he had appointed one the day before; that the Commissioners had no power to appoint one here. He has got into his hands some blotted rough drafts of my letters to your Lordships. He treated me with worse than Billingsgate language for giving that account. He sits in Court, and so overawes the people that they dare not speak the truth. I received a paper last night (copy enclosed). I find thereby he intends to prosecute me as a criminal for writing truth to you. He has threatened to ruin me by imprisonment and all other vigorous ways, and turned the chief men out of his Council and furnished himself with others for his turn, and has made his Naval Officer to be his collector. 'Tis a long voyage from hence to London and not above two or three vessels go thither in a year. I foresee nothing but rotting in a gaol, which is an unhappy reward for my many years' past services for the Crown. It was my misfortune to be imprisoned with Sir Edmund Andros, the Governor, and many of the Council nigh 12 months in Boston, and had continued there longer but for H.M. express orders. I have none to apply to for redress but your Lordships and pray you to move His Majesty that a vessel may be forthwith despatched hither with orders to the Governor to send me home and that Gilbert Nelson, William Outerbridge, John Brookes and Roger Crane, my chief prosecutors, may be ordered to attend at Whitehall and to prove to my face the cause for which I am so inhumanly put in prison. I am assured they are resolved to do it to-day. The Governor told me he had sent over a great many depositions against me. No man of understanding here will credit the oaths of Nelson, etc. 'Tis true they are of the Council, but I have known in such cases that the Governor has been expressly ordered to make choice of others in their absence. Unless this injustice to me is effectually remedied, no man fit for business will ever after serve His Majesty in his foreign and remote plantations. Signed, Ed. Randolph. Endorsed, Recd. Aug. 2. Read Aug. 21, 1699. 1½ pp. Holograph. Enclosed,
392. I. Abstract of above, 1 p.
392. II. Copy of summons to Ed. Randolph to appear before the Governor at the Sessions House in St. George's, May 15, 1699. ½ p.
392. III. Copy of warrant for imprisonment of Ed. Randolph, May 16. ¾ p. [Board of Trade. Bermuda, 3. Nos. 37, 37 I.–III.; and (without enclosures) 29. pp. 200–202.]
May 16.
St. George's
393. Commitment of Edward Randolph, for writing and contriving several false and dangerous papers, words, reports and expressions by him secretly and maliciously spoken and expressed towards his Excellency, to the custody of the Provost Marshal, Roger Crane, Esq. Signed, Charles Minors. Copy, certified by E. Jones. [America and West Indies. Bermuda, 477. No. 57; and 39. p. 11.]
May 16.
394. Council of Trade and Plantations to Mr. Vernon. By our letter of March 27 last we acquainted you with some advices we had received from Sir Wm. Beeston, L.G. of Jamaica, and from the President and Council of Nevis, relating to the conduct of the Spaniards towards His Majesty's subjects and their ships in those parts. We now send you a letter from Mr. Burt, President of the Council of Nevis, enclosing depositions bearing on that matter. Signed, J. Bridgewater, Ph. Meadows, Wm. Blathwayt, Jo. Pollexfen, Abr. Hill. [Board of Trade. Leeward Islands, 45. p. 362.]
May 16. 395. Minutes of Council of Barbados. The Jews' petition against the Supplemental Bill of the provision of white servants was ordered to lie upon the table till the Bill was read. The Captain and the Lieutenant of the Dolphin were heard by Counsel and the whole proceeding was ordered to be sent home. The Purser to be confined to his ship and a survey of his goods taken. The Master owned that he was in drink when he signed the petition, and begged pardon; the Purser owned he could not justify his charges. Capt. Phillips' petition relating to servants brought over by him referred to the General Assembly. [Board of Trade. Barbados, 65. pp. 396, 397.]
May 16. 396. Journal of Assembly of Barbados. Bill for Provision of Servants was resumed with amendments and the answer to them taken into the Council. Capt. Phillips' petition that servants imported in his vessel be taken off his hands laid by. [Board of Trade. Barbados, 65. pp. 412, 413.]
May 16. 397. Minutes of Council of Massachusetts Bay. Dame Mary Phips, of Boston, granted licence to build a house of timber on the place where Capt. Daniel Henchman formerly built a brewhouse.
10l. gratuity ordered to Josias Johnston, who gave information leading to the discovery of money left in the custody of Nathaniel Niles of Point Judith by one of Bradish's gang. [Board of Trade. New England, 49. p. 207.]
May 16. 398. Minutes of Council of Virginia. Letter ordered to Richard Johnson, who was absent through sickness, desiring him to attend as soon as possible. Petition of Anthony and Anne Holliday referred to Mr. Attorney General. Lewis Knott admitted to be a pilot for Nansemund River. As another Session of the General Assembly could not well be held before Sept. 1700, it was recommended to the Burgesses to provide for all contingencies of the Government till that time.
May 17. Information having been laid against Samuel Hill and John Read, and John Lucas senior and junior, as Papists disaffected to the Government and guilty of divers illegal practices, ordered that the oaths be tendered to them, and, if they refuse, that Mr. Attorney General proceed against them. On the Attorney General's report on the complaint of the Hollidays that Samuel Hill and John Read had surreptitiously procured themselves to be assigned guardians to Mary Brewer, an infant, grand-daughter of Anne Holliday, they being Popish recusants, who had been endeavouring to carry the infant into Maryland that she might there be married to a professed Roman Catholic, ordered that the County Court of Warwick appoint such guardians as they think fit to take care of the said orphan and her estate till next General Court; the infant is to be in the care of her grandmother till that is done. Letter of the Lords of the Treasury Nov. 15, 1694, directing the hiring of a cruising sloop to watch the coast of Virginia, read: resolved, that there was no need to do so, two such vessels in the past having merely detained fair traders and never detected any unfair traders. These proceedings ordered to be laid before the Burgesses. Proclamation against corresponding with the Scotch ordered to be sent to the Collectors and Naval Officers. The Instructions not to act without a quorum of five Councillors being difficult to comply with, a representation to the King to that effect recommended.
May 18. Letters concerning undue practices at an election for Nansemund County referred to the Burgesses. [Board of Trade. Virginia, 53. pp. 253–258.]
May 17. 399. Journal of House of Burgesses of Virginia. Mr. James Blaire, President, Mr. Mongo Ingles, Humanity Professor, Mr. John Hodges, Usher, and 4 of the scholars of the Royal College of William and Mary presented an address. Bill for ascertaining the value of money read a first time. The amended Bills against blasphemy and undue elections were ordered to be engrossed. The petition of the Churchwardens of James City parish was rejected. Propositions of Col. Cadwallader Jones and other papers relating to the Indian Trade referred to the Committee of Grievances.
May 18.
May 19.
Mr. Rice Hood was sworn a member. The Governor's answer read. (And see preceding abstract under date.)
Bill declaring Negro, Mulatto and Indian women titheable read a first time. Bill for encouraging a trade with the Western Indians that lie behind Virginia and Carolina by granting the sole trade for a certain number of years to a certain number of Adventurers ordered to be prepared. Bills to ascertain the value of coins, about deer, and to prevent discontinuance of courts, and about hog stealing, whales, juries and privateers read a second time and ordered to be engrossed. Bill limiting appeals to the General Court read a second time, and referred with amendments to the Committee for Revisal of Laws. Bill for taxing servants committed with amendments. Bills prohibiting export of old iron and for erecting pounds read a second time, and, after debate, dashed. Bill prohibiting export of corn read a second time, with amendments, and ordered to be engrossed.
May 20. Instructions of Lords Justices considered. Messrs. Mason, Hollyday and Gough granted leave for a short time to go home. [Board of Trade. Virginia, 52. pp. 410–423.]
May 17. 400. Minutes of Council of Barbados. Thomas Sadleir, chief Baron of the Exchequer, was made President of the Grand Sessions. In order to form the forces of the island His Excellency recommended the Colonels of Militia to take out new commissions for their officers. The Assembly waited on His Excellency and desired a free conference about the Supplemental Act for the provision of servants. After some debate the proposed amendments were mostly agreed to. [Board of Trade. Barbados, 65. p. 397.]
May 17. 401. Journal of Assembly of Barbados. The Council and Assembly resolved into a grand Committee of both Houses and discussed the Supplemental Act for the provision of servants. The Bill was sent back with amendments. [Board of Trade. Barbados, 65. pp. 413, 414.]
May 17
402. Journal of Council of Trade and Plantations. Letter from Mr. Secretary Vernon about Admiralty passes for Plantation ships read and answer directed.
Copies of Orders of Council Jan. 5, relating to the Jamaica Laws, read. Ordered accordingly.
Several letters and documents relating to the Government of Virginia read.
May 18. Their Lordships deliberated upon the matters in agitation between H.M. Commissioners and those of France relating to the affairs of America.
Ordered that Sir Edmund Andros be desired to attend to be advised with as to the necessity of building a fort at Pemiquid.
Duplicate of letter from Mr. Burt received and enclosure delivered to Mr. Secretary Vernon.
Representation about Martial Law upon soldiers in pay transmitted to Mr. Vernon. Letter to him about passes signed and sent.
Representation upon the appeal of Mr. Robert Chaplin directed.
Representations upon the Acts of Barbadoes, Aug. 9—Sept. 27, and the settlement of Tobago, signed and sent to the Council Board.
The Memorial of Major Richard Ingoldsby, praying for leave to remain in England till he received his pay, agreed to. [Board of Trade. Journal 12. pp. 43–48; and 96. Nos. 80, 81.]
May 18.
403. Council of Trade and Plantations to Mr. Secretary Vernon. In answer to your letter of May 15, we acquainted the Lords of the Admiralty, Feb. 8, with our opinion that notices might be given by them in print that Passes would be granted by that Board, according to the rules then under consideration, to such persons as should desire them. If such printed advertisement in the Gazette or otherwise be not thought convenient, we conceive it may be proper that the Admiralty do cause some papers to that purpose to be affixed upon the Exchange of London, and further that the Commissioners of Customs be desired to send some copies of the same papers to their officers in the Out Ports to be communicated to merchants there. Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. Trade Papers, 14. pp. 276, 277.]
May 18.
404. President and Council of Nevis to Mr. Secretary Vernon. Your letter of Nov. 23, in relation to that notorious pirate Captain Kidd came safe to our hands, and (we) shall take particular care to put the same in execution, and in order thereunto have sent copies to the Lieutenant or Deputy Governor of each respective island under this Government. Since which we have had this following account of the said Kidd, viz., that he lately came from Madagascar in a large Genoese vessel of about 400 tons, 30 guns mounted and eighty men, and in his way for these parts his men mutinied and 30 of them lost their lives, that his vessel is very leaky and that they are very much in want of provisions, and that several of his men have deserted him so that he has not above twenty-five or thirty hands on board. About 20 days since he touched at Anguilla, a small island under this Government, where he tarried about four hours, but being refused succour sailed thence for the island of St. Thomas (an island belonging to the Crown of Denmark) and anchored off that harbour three days; in which time he treated with them also for relief, but the Governor absolutely denying him, he bore away further to leeward, as 'tis believed, for Porto Rico or Crabb Island, upon which advice we forthwith ordered H.M.S. Queenborough now attending this government, Captain Rupert Billingsby, Commander, to make the best of his way after him and in case he met him to secure him with his men, vessel and effects, and bring them up hither, that no embezzlement may be made, but that they may be secured till we have given you advice thereof and His Majesty's pleasure relating thereto can be known. We shall by the first convenience transmit the like account of him to the Governor of Jamaica, so that if he go further to leeward, due care may be taken to secure him there. As for those men that have deserted him, we have taken all possible care to apprehend them, especially if they come within the districts of this government, and hope on return of His Majesty's frigate shall be able to give you a more ample account hereof. Copy. Signed, Wm. Burt, Mich. Smith, Jno. Smargin, Richd. Abbott, Dan. Smith. Addressed and sealed. [Board of Trade. Leeward Islands, 6. Nos. 21 and 21 I.; and 46. pp. 16, 17.]
May 18.
405. Order of King in Council, remitting the fine of £100 laid upon John Lucas by a Court of General Sessions, Antigoa, June 1698. Copy. Signed, Edward Southwell. Endorsed, Recd. May 27. Read June 27, 1699. [Board of Trade. Leeward Islands, 6. No. 22; and 45. p. 367.]
May 18.
406. President and Council of Nevis to James Vernon. We received yours of Jan. 2 concerning the Scotch ships that arrived at the island of St. Thomas with intention to settle in these parts. We sent copies of his Majesty's instructions to the Lt. or Dep. Governors of each island under this government, and have ordered the publication of them. A gentleman in this island having lately received a letter from a gentleman at Jamaica, wherein there is a paragraph that gives a more full and plain accompt of the Scotch settlement than we have hitherto heard, we thought it necessary to enclose a copy. Signed, Wm. Burt, Mich. Smith, Dan. Smith, Jno. Smargin, Richd. Abbott. Addressed and sealed. Endorsed, R. July 13, 1699. Enclosed,
406. I. Extract from letter:—The Scotch settlement in the Bay of Darien is the only news and discourse of these parts. They are sate down over against Golden Island on the Continent, and have pitched on the best harbour and richest country in the world both in gold and all other necessaries for the use of man. I have seen some of the ore, which is almost pure gold of the value of 23 carats. They are kindly received by the Indians, and are building a fortification of 70 guns. We have yet no certain accompt of what hath passed between the Spaniards and them, but this we know, they are not in a condition to give them any disturbance, 'tis what the Scotch wish for, they only wanting a good occasion to quarrel with them. They are but two days' journey from Panama, and have a very good harbour in the South Sea, by which in time they will command the China trade as well as the East India. We daily expect the return of some sloops lately sent thither. The French have made or are about to make just such another settlement on a river they call Colebert, which lies in the bottom of the Bay of Mexico and is within thirty leagues by land of the Rich Mines of St. Barbe. [Board of Trade. Leeward Islands, 6. Nos. 22 A., 22 A I., and 22 A II., 22 A III., duplicates.]
May 18.
407. Council of Trade and Plantations to James Vernon, covering letter enclosing Representation to the King.
407. I. We humbly lay before your Majesty draughts of instructions, which we have prepared in accordance with your Order in Council, April 27, for the Governors of Plantations in respect of soldiers in pay. Signed, J. Bridgewater, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. Plantations General, 35. pp. 42, 43.]
May 18. 408. Minutes of Council of Barbados. The petition brought by Duffey against Chamberline was rejected. Capt. Thomas complained that two Bills of Exchange drawn for credit given to the King's shops had not been accepted by the Victualling Office. Letter to the Lords of the Treasury, explaining the necessity there was of advancing this money, ordered by the Board. Judge Buckworth's account ordered to be recommended to the Assembly. The Supplemental Act for the Provision of White Servants was brought in by the Assembly. Amendments were read and agreed to and the Bill passed. [Board of Trade. Barbados, 65. pp. 397, 398.]
May 18. 409. Journal of Assembly of Barbados. Supplemental Act for the Provision of Servants was passed and taken up to the Council. The Speaker reported that His Excellency recommended the appointing a troop of Guards as had been accustomed to other Governors. Address to the Governor drawn up in that sense. [Board of Trade. Barbados, 65. pp. 414, 415.]
May 18.
410. Additional instructions for Ralph Grey, Esq., our Captain General and Governor-in-Chief of Barbados, Sta. Lucia, Dominico, St. Vincent's and the rest of our Carribee Islands in America lying to windward of Guardaloupe. Whereas by a clause in your Commission there is a power vested in you to execute Martial Law in time of invasion, insurrection or war, as also upon soldiers in pay, which implies a power of executing such Martial Law upon soldiers in pay even in time of peace, in the present time of peace we have thought fit that the words as also upon soldiers in pay be omitted in the like Commissions; yet nevertheless it being necessary that care be taken for the keeping of good discipline amongst the soldiers in pay that are now in any of our Plantations or that we may at any time hereafter send thither, which may be provided for by the Legislative Power in each of our said Plantations respectively, Our Will and Pleasure is, that you forbear in time of peace to put the power conferred upon you by the aforementioned words in execution, And that you recommend unto the General Assembly of our said Island at such time as you shall find necessary the passing of such Act for the punishment of Mutiny, Desertion and false musters and for the better preserving of good discipline amongst soldiers in pay as may best answer these ends. [Board of Trade. Barbados. 44A. pp. 266–268; and 65. p. 478.]
May 18. 411. Similar letter, mutatis mutandis, to Governor Day of the Bermuda Islands. [Board of Trade. Bermuda, 29. pp. 132, 133.]
412. Similar letter, mutatis mutandis, to Lord Bellomont, Governor of New York and New Hampshire. [Board of Trade. New York, 53. pp. 298, 299; and 8 A. No. 44; and New England, 37. pp. 139, 140.]
413. Similar letter, mutatis mutandis, to Governor Blakiston of Maryland. [Board of Trade. Maryland, 9. pp. 375, 376.]
414. Similar letter, mutatis mutandis, to Governor Nicholson of Virginia. [Board of Trade. Virginia, 37. pp. 314, 315.]
415. Similar letter, mutatis mutandis, to Governor Sir William Beeston of Jamaica. [Board of Trade. Jamaica, 56. pp. 316, 317.]
May 18.
416. Governor Day to the Council of Trade and Plantations. I have discovered the pernicious and corrupt practices of Mr. Randolph, Surveyor-General of the Customs, to bring me into disfavour with you. I send you copies of some rough drafts of his letters which have come into my hands. In his letter to the Commissioners of Customs he says that he was intended for Providence, but that the sloop went without him for fear of being stopped, which is altogether untrue, for he was with me when the sloop was cleared, and took his ticket himself and his leave of me for Providence, and the owner and he went out of my house together to go directly on board to sail within half an hour. As to Mr. Trott, late Collector, since he is dead I shall only say that, in respect he was deputed by the Commissioners to that office, I restored him to the execution of it upon my arrival. Upon his death I put in Mr. Thomas Brook, who had late been Collector and kept very regular books and accounts. Mr. Trott's imprisonment by Col. Goddard was the effect of his contempt of authority. ?If Mr. Randolph had signified his desire to me of any lawful publication to be made in the Churches I should have readily given him my order, but he never applied. The sugar he mentions was landed here by Capt. Briscoe, of the Sun prize, for relief of his men, who came here in extremity, as shown by the rough draft of Mr. Randolph's first letter. Besides, Capt. Briscoe made a tender of the Customs of the same to Mr. Randolph, who refused it, as it was done for H.M. service. The falsity of the pretended deposition by Samuel Stone will appear by Stone's enclosed attestation. As to the depositions sent by Col. Goddard, I know nothing. Of Mr. Nelson, a resident here for some years, I have had the account of his being a very sober honest gentleman and he was nominated a Councillor in H.M. Instructions to me, and by the experience I have had of him he is a person of parts, of great loyalty and understands the law in some measure, and so esteemed him the fittest for the office of a judge that I could find in these islands. As to what is alleged (May 2) very unjustly about the Statute of Habeas Corpus I refer you to the proceeds at large herewith sent. According to the law, an appeal was craved by and granted to the defendants by the Judge of Assizes to the Governor and Council as a Court of Chancery, and accordingly Bills were filed against Mr. Trott, who praying for further time to file his answer, the defendants moved that in the meantime an injunction might be granted to stay execution for costs at Common Law. As to the suggestion that I would not suffer the justices to take any depositions, I send the certificate freely signed by them. I have discovered that Mr. Randolph hath given out that I or Roger Crane hath taken two tun of logwood of one Mr. Cholwell, who lately arrived here, for fees and port charges of his vessel. He came into these islands in great distress and asked leave to unlaid and refit his vessel, and to dispose of some of his cargo to raise money for his occasions, and sold two tun accordingly to Roger Crane, who really paid for the same. I only took care that he entered into bond with security for landing his goods in England, which he being a stranger found great difficulty to procure, but having given such bond he had immediately his clearings and dispatches from these islands without any delay or charges. As to wasting H.M. stores, I beseech you to have a better opinion of me, when you have considered the Sheriff's attestation, who is always the Keeper of the Stores.
The people here are at a stand to whom they ought to yield their obedience, Mr. Randolph pretending great power and authority, and that H.M. Governors must be accountable to him, and using them in a very strange manner, not sparing to call them villains and rogues. Under such misfortunes long have these islands groaned by such undertakers, who want not the encouragement of some disquiet men, namely Anthony White, Charles Walker, John Dickenson and Capt. Thomas Harford, who have had frequent consultations with this calumniating and dangerous man. I imparted his letters and papers to the Council, who took his examination before them. He could not deny the charge, but chiefly insisted that he had power to call the Governor to account. He was committed and remains in custody till he be delivered by due course of law.
I have taken several parcels of the clippings of the currant money of these islands and sent one ounce weight out of 14 found with one person, hoping it may move you to provide a speedy and suitable remedy to such exorbitant practices. I have several persons in gaol on this occasion. On having made diligent search into these matters and into the king's lands and slaves so long concealed and detained, several discoveries have been made and informations exhibited in the Court of Exchequer. And in prosecution hereof I have discovered a great uneasiness in several persons, especially in the persons before named; Mr. Dickenson, as I am informed, having some small time since carried to England about a bushell of clippings, as I doubt not Capt. Benjamin Stow can give you some account; and Mr. Walker is the person who acts for Mr. Noden, who formerly purchased the regicides' lands in these islands, and on his account hath disposed of several shares of the same. He is very uneasy and tells me he will spend £2,000 but he will remove me from this Government. Signed, Sam. Day. I send this by the Experiment, Capt. Samuel Kempthorne, bound direct for London, who is a person of great experience in these American parts, and can give you a full account of these islands. Endorsed. Recd. June 30. Read July 4, 1699. 3¾ pp. Annexed,
416. I. Abstract of above. 1½ pp.
416. II. List of papers enclosed. 2 pp.
416. III. Copy of letter from Mr. Randolph to the Commissioners of Customs. Attested by John Trott. 2 pp.
416. IV. Copy of letter from Mr. Randolph to Mr. Salvage, May 2. Written by John Trott, who swears to the same. 1 p.
416. V. List of papers desired by Mr. Randolph from the Secretary of the Islands. 1¼ pp. Attested by John Trott, son of Samuel Trott, deceased.
416. VI. Copy of Gov. Day's Commission to Thomas Brook to be Collector of the Customs. 1 p.
416. VII. Copy of Mr. Randolph's letter, Ap. 5, to Mr. Salvage of the Custom house, London. ¾ p.
416. VIII. Copy of the attestation of Samuel Stone in contradiction of what Mr. Randolph wrote about the sugar on board Capt. Briscoe's ship. ½ p.
416. IX. Copy of attestation of Zachariah Briggs in contradiction of what Mr. Randolph wrote about Isaac Cholwell's Logwood ship. ½ p.
416. X. Copy of proceedings at the Assizes between Samuel Trott and Gilbert Nelson. 2 pp.
416. XI. Copy of the proceedings at the Assizes between Samuel Trott and Stephen Crow. 1½ pp.
416. XII. Copy of proceedings at the Assizes between Samuel Trott and Joseph Darrell. 3 pp.
416. XIII. Copy of the attestation of several Justices of the Peace that the Governor did not forbid their taking depositions. Signed, John Gilbert, Smith's Tribe; Gilbert Nelson, town and parish of St. George; William Outerbridge, Hamilton Tribe; Samuel Sherlock, Devon Tribe; Thomas Burton, Pembroke Tribe; John Brooke, Pagitt's Tribe; William Tucker, Warwick Tribe; Wm. Keele, Southampton Tribe; Thomas Forster, Somerset or Sandys Tribe. 1 p.
416. XIV. Copy of Attestation of the Provost Marshall that the stores have not been wasted. Signed, Jonathan Warde. ½ p.
416. XV. Copy of Mr. Randolph's Mittimus. May 16. 1 p.
416. XVI. Copy of the deposition of John Trott as to Mr. Randolph's letters. 1 p.
416. XVII. Mr. Day's certificate to the preceding papers. ½ p. [Board of Trade. Bermuda, 3. Nos. 39, 39 I.–39 XVII.; and (without enclosures) 29. pp. 161–170.
May 18. 417. Copy of No. 416 XIII. [Board of Trade. Bermuda, 39. p. 17.]
May 18.
418. Order of King in Council, for the preparation of a commission for Edward Jones to be Secretary and Provost Marshall of the Bermuda Islands, with a clause of residence. Signed, Edward Southwell. Endorsed, Recd. May 27, Read June 7, 1699. 1 p. [Board of Trade. Bermuda, 3. No. 38; and 29. pp. 133–135.]
May 18. 419. Petition of Major Richard Ingoldsby, captain of a company at New York, for H.M. leave to stay some further time in England. His pay is in arrears some 30 months' subsistence. Copy. ¾ p. Endorsed, Recd. Read May 18, 1699. [Board of Trade. New York, 8 A. No. 31.]
May 18.
420. Council of Trade and Plantations. Representation upon the petition of Sir William Waller relating to the settlement of Tobago. We have considered the petition and the papers laid before us. The matter has been fully enquired into and debated by the late Committee of the Council of Trade and Plantations, it appearing to us by the books remaining in our hands that in Nov. 1686, Monsr. Blumberg, then Agent for the Duke of Courland, having in the name of the said Duke presented to the late King James a memorial that he would permit a small number of English families to contract with him in order to their settling upon the island of Tobago, in conjunction with some of the said Duke's subjects; and that they might be assisted with necessaries from the Island of Barbados, the foresaid Committee of Plantations did thereupon prepare a State of the English title to the said Island together with an answer to Monsr. Blumberg's said memorial, which was accordingly delivered to him, of both which papers we have hereunto annexed copies. And finding thereby that the said Duke had not observed the conditions of the grant made unto him by the late King Charles II. in 1664, either by settling the same and causing it to be inhabited by English and Courlanders or by furnishing a ship of war to his said Majesty, or by restraining the trade thereof to England, Courland and Dantzig, as had been stipulated; for which and other reasons the then Attorney-General did declare the said grant to be void in law, and the late king thereupon also declared that he did not hold himself obliged to allow the Duke of Courland's title, nor to permit his subjects to settle that island, adding further that if it were settled by foreigners, it would not be lawful for any other of his Majesty's Plantations in America to trade with them, or if settled by English it would be equally unlawful for them to trade with any foreign State or Country. Upon all which accounts the matter then proposed was judged impracticable, we therefore humbly represent to your Majesty that not only the proposed settlement of that Island seems thereby to have received a final determination and that therefore the renewal of the same by M. Blumberg or others under him is altogether unreasonable, but also that the execution of their project would prove very prejudicial to the Trade of Barbados, and to the better settlement of the other Carribbee Islands and to your Majesty's Revenue arising from the same, and thereupon are humbly of opinion that the said settlement ought not to be encouraged or allowed of. Signed, J. Bridgewater, Phil. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Barbados, 44 A. pp. 268–271.]
May 18. 421. Memorandum. The papers annexed were, His Majesty's Title to Tobago (Cal. A. and W. I., 1686, No. 1033), and A paper presented to M. Blumberg (Cal. A. and W. I., 1686, No. 1034). [Board of Trade. Barbados, 44A. p. 272.]
May 18.
422. Order of King in Council. His Majesty does not think fit to allow of a settlement of a plantation upon the island of Tobago, forbidding all persons to proceed on that design either from England or any other place. The Governor of Barbados is to have notice to discourage any undertaking in that behalf within his Government, and to hinder the carrying any person or goods from thence to the said island of Tobago. And the Lords Commissioners of Trade and Plantations are to give notice to the Governor of Barbados of His Majesty's pleasure herein accordingly. Signed, Edward Southwell. Endorsed, Recd. June 19, Read June 20, 1699. [Board of Trade. Barbados, 8. No. 5; and 44A. p. 286.]
May 18.
423. Representation of Council of Trade and Plantations upon the Acts passed in the General Assembly of Barbados, Aug. 9–Sept. 27th. The Act to ascertain the powers of the Assembly does not appear to us necessary nor likely to have ever been passed in any other of the Plantations. The Act for reviving an imposition on wines is temporary and already expired. The rest we recommend for his Majesty's assent. Signed, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. Annexed, List of Acts. [Board of Trade. Barbados, 44A. pp. 272–276.]
May 18.
424. Order of King in Council, repealing the Act passed by the Governor, Council and Assembly of Barbados, entitled an Act to declare and ascertain the rights and powers of the General Assembly of this Island. Signed, Edward Southwell. Endorsed, Recd. May 27. Read June 7, 1699. [Board of Trade. Barbados, 8. No. 3; and44A. pp. 282–284.]
May 18.
425. Order of King in Council confirming the Act lately passed in the General Assembly of Barbados granting £2,000 to the Governor, Mr. Grey, and ordering the Treasurer of the island to pay the same. Signed, Edward Southwell. Endorsed, Recd. May 27. Read. June 7, 1699. [Board of Trade. Barbados, 8. No. 4; and 44 A. p. 285.]
May 18.
426. Robert Quary to the Council of Trade and Plantations. This is now the 6th time I have troubled you without receiving any instructions. By some late account from Mr. Penn to those in the Government here, he acquaints them of several complaints sent home against them which he hath (as they say) blown of(f), which causes great joy amongst them. It is the general discourse that Mr. Penn hath greater interest at Court now than ever he had in King James' reign, so that they conclude that no complaint against them can be heard. And truly, if affronting His Majesty in their open Courts, if forcibly taking prohibited goods under seizure out of the King's stores and delivering them to the person that illegally imported them without any trial, if delivering ships under seizure by the King's officer for loading tobacco without giving bond or security and before any trial, which is matter of fact done by Mr. Pen's Governor for a very valuable consideration, the depositions of all which was sent home, if making an Act of Assembly in opposition to an Act of Parliament of England on purpose to destroy the powers of the Admiralty and erecting a Court of Admiralty of their own for seizing and trial of ships, which accordingly they have executed—if these and abundance of other matters formerly laid before you are so easily blown off, I know not what it is they may not pretend to do in this Government. I have found the effects of it already. Last week here was a ship seized for not having a Registry. I held a Court of Admiralty: the ship and goods were condemned: they moved for an appeal. I told them an appeal did lie to the High Court of Admiralty of England and the ship and goods meanwhile should be kept safe. They moved that they might have all delivered to them on bond to prosecute the appeal. I told them that bonds signified nothing here, since they could not be sued in this Government, there being several of the king's bonds due and though several applications hath been made on behalf of his Majesty to this Government, yet they will not let them be put in suit, under pretence that here is no Attorney-General for the king. It is therefore but abusing the king to take more bonds, but upon their motion that some of the goods were perishable, I told them that I would grant a warrant of appraisement and order the delivery of all in case they would deposit the value in Court. Whether they will comply I know not. I beg your directions in this case. At the trial of the ship there appeared all the Justices of this place in behalf of the Master; some of them were pleased to threaten and abuse the officers of the Court. Mr. David Lloyd in particular declared in open Court that we did not sit there by the king's Commission. He is the same person that affronted his Majesty in open Court before, and since Mr. Penn's news of blowing off all the charges they have preferred him to several places of trust and profit in this Government. Their threats have already so far prevailed that the Register tells me he will act no more; and Mr. John Moor, hitherto King's Advocate and the only person fit to serve his Majesty in that station, is very uneasy. He was prevailed on by Governor Nicholson to act contrary to his interest on the expectation of some encouragement he proposed, but hath not yet heard about from your Lordships. Besides being threatened and affronted by the Government he finds himself turned out of all his practice in their Courts, and all for serving the King. I have prevailed with him to continue a little longer until we can hear from you. If the officers do quit it will be impossible to get others. They have brought an action against the Marshal of the Admiralty for having the prohibited goods that were seized in the King's store. He expects every day to be thrown into gaol. I humbly propose that, if you think Gov. Nicholson is at too great a distance, you will empower the Governor of Maryland, who is altogether a stranger to me, to examine and report all things to your Lordships. I have always been ready to do Mr. Penn all the services I could; I represented all things to his advantage when there lay several heavy charges before you against his government, and I should never have executed the powers of the Admiralty Commission had it not been for his importunity and solemn assurances that his government should assist me in serving the King's interest here, and that all the former abuses should be remedied. No part of which promise hath been performed, but all illegal trade has been encouraged more than ever. The very J.P. who took the goods forcibly out of the King's store and erected a new Court of Admiralty is the man that shipped off lately 16 barrels of cut tobacco in flour barrels to Boston which by chance were seized there. It is impossible to secure the trade of this place without a small vessel of force. The great price tobacco yields here encourages the country to plant more than ever. It hath been sold here this year for above 30s. per ct., which is far more than the best of Virginia and Maryland, though that of this country is not half so good. The reason is from the advantage of illegal trade. Since the late assurances from Mr. Penn they are more obstinate than ever in their illegal practices and refuse to deliver either the prize goods which they detain, or any part of the goods they took out of the King's store. Signed, Robert Quarry. Endorsed, Recd. July 28, Read Aug. 2, 1699. 4 pp. Holograph. Enclosed,
426. I. Abstract of preceding letter. 1¼ p.
426. II. Proceedings of the Court of Admiralty in Pennsylvania relating to the Providence, John Lumby, Master. Signed, Moore. 4 pp.
426. III. and IV. Proceedings of the Court of Admiralty, Philadelphia, May 12 and 13, 1699, on the petition of John Lumby relating to the Providence, and also to Justice Morrice's forcing goods under seizure out of the Marshal's hands and the Sherif and Governor not delivering some prize goods as ordered. 7 pp. [Board of Trade. Proprieties, 3. Nos. 28, 28 I.–IV.; and(without enclosures) 26. pp. 11–20.
May 19.
427. Journal of Council of Trade and Plantations. Letters and papers from Col. Nicholson, Feb. 4 and 27, read. Answer directed. Laws of Maryland, Oct. 1698, ordered to be sent to the Attorney-General.
Memorial of Sir Bartholomew Gracedieu and others, presented by Mr. Gilbert Heathcote relating to the non-residence of Patent Officers in Jamaica read. Ordered that the persons named, George Golding, Robert Clowes, Leonard Compier and John Babor be summoned to attend the Board.
Letter from Governor Sir William Beeston, Feb. 8, read. Ordered that the Acts of Jamaica, Dec. 1698, be sent to the Sollicitor-General. [Board of Trade. Journal, 12. pp. 48–52; and 96. No. 82.]
May 19. 428. Petition of Agents, Merchants and Planters of Jamaica to Council of Trade and Plantations. Contrary to his Majesty's Order in Council, Feb. 16, the Patent Officers, George Goulding, Provost Marshall General; Robert Clowes, Clerk of the Supreme Court; Leonard Compeer, Receiver General; and John Baber, Secretary, are still residing in England. We petition that they may be obliged to reside in the island. Signed, Benj. Way, Francis Cuddon, Ste. Mason, Lawrence Prince, Eben. Gatton, James Pinnock, jun., John Brooks, Edw. Broughton, Laur. Galey, Robt. Walker, E. Mall, Nath. Micklethwaite, John Bernard, Dan. Westall, Stephen Style, Bartho. Gracedieu, Gilbert Heathcote, Ja. Saunders, Richard Bell, Josias Wordsworth, Tho. Chambers, John Black-stone, Robt. Wilsonn. Endorsed, Recd. Read May 19, 1699. [Board of Trade. Jamaica, 8. No. 114; and 56. pp. 322–323.]
May 19. 429. William Popple to Sir John Hawles. I send you some Acts passed in the General Assembly of Jamaica in Dec., 1698, upon which, as also upon those of New York, New England, the Leeward Islands and Pennsylvania formerly sent, your opinion is desired. List of six Acts. (1) To continue the additional duty. (2) To oblige and enable several parishes to raise levy, collect and pay in their taxes and arrearages arising by former Acts. (3) To confirm and secure titles to estates. (4) To appropriate £1,500 to the use of the Rt. Hon. Sir Wm. Beeston, knight. (5) To enable trustees to sell part of the land of James Crips, deceased, to discharge a mortgage. (6) An Act of favour to Capt. Usher Tyrrel in consideration of his sufferings by the French. [Board of Trade. Jamaica, 56. p. 321.]
May 19. 430. Minutes of Council of New York. The L.G. proffered to take the oath appointed. Payment ordered to Arnout Cornelise Viele, the interpreter. Instructions drawn by the Attorney-General to acquaint the Maquaes that the patent of their land is vacated and Mr. Dellius is suspended. Petition of Jacob Garriot referred to the Justices of the County of Richmond. [Board of Trade. New York, 72. pp. 243–245.]
May 19.
431. William Popple to Sir Thomas Trevor. The Lords Commissioners for Trade and Plantations command me to send you the Acts past in Maryland, Oct. 1698, and to desire your opinion, not only upon them, but upon the former laws of that Province, for want whereof they have not been able to make any report upon any of the laws of the Province, ever since their receiving their commission. List of Acts annexed. [Board of Trade. Maryland, 9. pp. 377–379.]
May 19. 432. Minutes of Council of Virginia. Petition of Francis Dance against Sampson Dorrill referred to the Attorney General; that of Richard Kitson for the hire of his sloop in H.M. service, and of Abiah Merchant, widow, complaining that she pays quitrents twice over, to the Auditor.
A warrant ordered to Major Thomas Swann to summon witnesses in the Nansemund affair to appear before George Nasworthy, J.P. John Taylor, being acquitted of the charge of perjury, his suspension from the office of Clerk of Charles City County was revoked.
May 20. Proclamation for the apprehension of seamen deserting the Essex prize signed. Warrant for £17 3s. to Richard Dunbar, signed. [Board of Trade. Virginia, 53. pp. 258–261.]
May 20.
433. Governor Blakiston to Council of Trade and Plantations. I hope you will approve of my action in not convening the Assembly sooner that the 28th of next month for the reasons given in my last. I have not received any directions from your Lordships, but two from Mr. Secretary Vernon, one, bearing the date of Nov. 23, to secure Capt. Kidd or any of his accomplices, that should chance to come into this province, upon which I sent a power to the respective sheriffs to raise the county in case they could not be otherwise apprehended, for there is no fortifications in this province. The other was January 2, in relation to the Scotch design. I sent forth a proclamation that no persons might pretend ignorance and not to come near them or give them assistance, and I likewise gave notice to the respective Collectors and Naval Officers to take care no ships clear that may be suspected of going that way. The news we have is from Philadelphia that they are gone to the Gulph of Darien in Golden Island, not far from Cartergen, and, if common Fame is to be credited, they have sent some vessels from Philadelphia already. Since my last three small ships have been seized here and condemned respectively for importing Irish goods not shipped in England, for not being navigated according to law and for having Scotch owners. I enclose the proceedings, which I have also transmitted with the original registers and cocketts to the Custom house. There has some query been started whether any ships condemned can have an immediate appeal to England to the Court of Admiralty, which the Commission for Vice Admiral seems to allow of, but there is a clause in my Commission under the Great Seal, that now appeals shall be made but to His Most Sacred Majesty in Council, and lest I should be too tedious I enclose copies of each paragraph. It has been granted to those that have desired it. I humbly beg your directions how I am to be regulated. The Governor of Virginia was here about six weeks ago and was desirous that some time hence we might see my Lord Bellomont, which proposition I should be glad to embrace. I received a letter from my Lord about ten days ago, who seems to be desirous of it and to meet us at Philadelphia at his return from New England. There are some reports industriously spread abroad that Scotchmen inhabiting in England, and house-keepers, are permitted to trade for the enumerated commodities and send their ships to the Plantations, but since I have such instructions as are directly contrary, I do not in the least hold myself any way concerned to have the least regard to it, since it interferes with the direct letter of the Law and my Instructions. I have had nothing of this nature signified to me from your Lordships nor the Commissioners of the Customs. Signed, N. Blakiston. Endorsed, Recd. July 17. Read, Aug. 22, 1699. 3 pp. Enclosed,
433. I. Proceedings at the condemnation of the ship Amity of London for having Scotch owners.
433. II. Proceedings at the condemnation of the Pinck Johanna, of Gosport, for importing Irish goods not shipped in England.
433. III. Proceedings at the condemnation of the Pinck Daniel, of Rotterdam, for not being navigated according to law.
433. IV. Copy of clauses from the Commissions of the Governor and the Judge of the Vice-Admiralty.
433. V. Col. Blakiston's query about appeals, as above. [Board of Trade. Maryland, 3. Nos. 69, 69 I.–V.; and (without enclosures) 9. pp. 385–390.]
May 22.
434. Memorandum of Papers relating to the Scotch settlement on the Isthmus of Darien delivered to the Council of Trade and Plantations by Mr. Secretary Vernon for their consideration. Endorsed, May 26, 1699. Enclosed,
434. I. Copy of the Memorial of the Spanish Ambassador. The King of Spain has heard with much dissatisfaction of the descent of the Scotch ships upon Darien, regarding it as a mark of little friendship and a rupture of the alliance between the two Crowns. 1 p. Endorsed, Recd. Read May 22, 1699.
434. II. Copy of a Memorial on behalf of the Company of Scotland in defence of their settlement at Darien. The Company of Scotland trading to Africa and the Indies was prepared by an Act of Parliament, 1693, and perfected by the Act of Parliament, 1695, and a Charter under the Great Seal. The subscriptions for a vast sum were immediately subscribed, but the Directors were very cautious to conceal the place they designed for. They set out their ships, Nov., 1698, and pitched upon a place, the north side of Darien, never before possessed by the Spaniards. 7½ pp. Endorsed as preceding.
434. III. Extract of Scotch Act of Parliament for establishing an East India Company in Scotland. 1 p. Endorsed as preceding. [Board of Trade. Plantations General, 5. Nos. 14, 14 I.–III.]