America and West Indies: June 1699, 1-10

Pages 266-283

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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June 1699

June 1. 483. Col. Quary to the Council of Trade and Plantations. About 60 pirates have arrived in a ship from Madagascar. They are part of Kidd's gang. About 20 have landed in this Government, and 16 at Cape May. The ship lies near the Cape of this Government waiting for sloops from New York to unload her. She is a very rich ship. All her loading is rich East India bale-goods and abundance of money. I seized two of the pirates and conveyed them safe to Burlington Gaol. If I had brought them to this Government they would have been set at liberty as Avery's crew were. I pursued two others and lodged them in Philadelphia. I informed the Lt.-Gov. Markham and with his assistance lodged them safe in gaol. I discovered their money and goods, which he hath taken into his hands and refuses to lodge them with the Admiralty officers or to allow me to take an account of them. I offered if he would impress a vessel and raise me forty men to seize the ship and all in her, but could not prevail with him. It's a very miserable thing to live under a Government of upwards of 7,000 men capable to bear arms where there is no militia or any means to serve the King. I have sent an express to the Governor of Virginia and Maryland and all the Governors northwards. The Governor of the Jerseys is very ready and active on this occasion. I have 2,000 pieces of eight which I took from the two first pirates. I hope to be reimbursed my charges out of them. If I have your orders I will take care a proper account is rendered of their effects. All that serve His Majesty here are very uneasy to find there is no notice taken of their complaints of the affronts and threats the Government put upon them and His Majesty's authority. Unless some action be taken, it will soon be impossible to get men to serve the King here, especially in what relates to the Admiralty, there being no salaries allowed to the officers. Signed, Robt. Quary. Endorsed, Recd. Aug. 4, Read Aug. 7, 1699. 3 pp. Annexed,
483. I. Abstract of preceding letter. 1¼ pp. [Board of Trade. Proprieties, 3. Nos. 30, 30 I.; and 26. pp. 42–47.]
June 1.
484. Anthony White to John White, his son in Carolina. Mr. Nicholas Trott promised me to do you any kindness he can. If he be come to Carolina, tell him it is worse and worse here. One prison will not hold all that comes thither, 20, 30 and 50 pieces of eight have been demanded by Crayne the sheriff. Pray take care to send my letters by some careful hand, for the letters are put now into the secretary's office and so broke open what they please. Extract. 1 p. Endorsed, Recd. Read Nov. 28, 1699. [Board of Trade. Bermuda, 3. No. 41; and (memorandum of above) 29. p. 243.]
June 1. 485. Memorial of Mr. Weaver to Council of Trade and Plantations on behalf of Thomas Duncomb. The petitioner (Duncomb) is a man of great estate, was for many years Justice of the Peace, one of the Judges of the Common Law and a Councillor of high repute in Antigua. But about a year and a half ago, one Ham, a poor master of a small sloop was put in jail by virtue of a warrant from Governor Codrington; Mr. Duncomb, as Judge, finding him not committed for any criminal matter admitted him to bail, whereat Governor Codrington was so enraged that he suspended Mr. Duncomb from being a Councillor, never formulating any definite charges against him but informing your Lordships that he was a sot and a drunkard; a general calumny which he is no more deserving than most gentlemen of estate in that government. Signed, T. Weaver. Endorsed, Recd. June 3, Read June 29, 1699. [Board of Trade. Leeward Islands, 6. No. 27; and 45. p. 376.]
June 1. 486. Minutes of General Assembly of Massachusett's Bay. New Councillors presented to the Governor and sworn. The Governor, addressing the Assembly, recommended an Act reviving the Courts of Justice, the engaging of the neighbouring Indians in trade, the provision of stores of war and fortification, a Charter of Incorporation for the College at Cambridge and an Act continuing the Revenue. The L. G. and Council congratulated H. E. on his accession. A new Bill, in place of that disallowed, for holding a Court of General Sessions of the Peace within the respective counties and for ascertaining the times for them ordered to be drawn.
June 3. The Jamaica Bill for punishing privateers ordered to be adapted to this Province. Committee appointed to prepare the address to H. M. proposed by the Governor. [Board of Trade. New England, 48. pp. 285–290.]
June 2. 487. Minutes of Council of Virginia. Warrants for the apprehension of Samuel Grey and to summon Joseph Peacock, master of the Byrd, to give evidence, ordered. On the Attorney-General's report, ordered that all Commissions do for the future issue in his Majesty's name and bear test by the Governor. Mr. Byrd reported that the charge of the establishment of a Court of Exchequer would be more than any advantage it would produce.
June 3. The Governor appointed the principal officers of Militia in the several counties:—
Henrico County. William Byrd, Col. and Commander-in-
Chief; William Randolph, Lt.-Col., Peter
Feile, Major.
Charles City County. Edward Hill, Col. and C.-in-C.;
Edward Hill, Junr., Lt.-Col.;
Charles Goodrich, Major.
Surrey County. Benjamin Harrison, Col. and C.-in-C.;
Henry Tooker, Major.
Isle of Wight County. Samuel Bridges, Lt.-Col. and C.-in-C.;
Henry Baker, Major.
Nansemund County. George Nasworthy, Lt.-Col. and C.-in-C.;
Thomas Swann, Major.
Princess Anne County. Anthony Lawson, Lt.-Col. and C.-in-C.;
John Thoroughgood, Major.
Norfolk County. Lenwell Mason, Lt.-Col. and C.-in-C.;
James Wilson, Major.
Elizabeth City County. William Wilson, Lt.-Col. and C.-in-C.;
Anthony Armestead, Major.
Warwick County. Miles Cary, Lt.-Col. and C.-in-C.; William
Cary, Major.
James City County. Philip Ludwell, Col. and C.-in-C.;
Henry Duke, Lt.-Col.
York County. Edmund Jennings, Col. and C.-in-C.; Thomas
Ballard, Lt.-Col.; William Buckner, Major.
New Kent County. John Lightfoot, Col. and C.-in-C.; Joseph
Foster, Lt.-Col.; William Bassett,
King and Queen County. William Leigh, Col. and C.-in-C.;
Joshua Story, Major.
Gloucester County. Matthew Page, Col. and C.-in-C.; James
Ransom, Lt.-Col.; Peter Beverley, Major.
Middlesex County. Ralph Wormeley, Col. and C.-in-C.;
Matthew Kemp, Lt.-Col.; Robert
Dudley, Major.
Essex County. Ralph Wormeley, Col. and C.-in-C.; William
Moreley, Lt.-Col.; John Catlett, Major.
Lancaster County. Robert Carter, Col. and C.-in-C.; Joseph
Ball, Lt.-Col.
Northumberland County. Robert Carter, Col. and C.-in-C.;
George Cowper, Lt.-Col.; Rodham
Kenner, Major.
Westmorland County. Richard Lee, Col. and C.-in-C.; Willowby
Allerton, Lt.-Col.; Francis Wright,
Richmond County. Richard Lee, Col. and C.-in-C.; George
Taylor, Lt.-Col.; Thomas Lloyd, Major.
Stafford County. George Mason, Lt.-Col. and C.-in-C.; Thomas
Owsley, Major.
Accomack County. Charles Scarburgh, Col. and Col.-in-C.;
Edmund Scarburgh, Lt.-Col.; Richard
Bayley, Major.
Northampton County. John Custis, Col. and C.-in-C.; Nathaniel
Littleton, Lt.-Col.; William Waters,
Capt. Aldred ordered to assist Mr. William Barton to get his ship up the river. William Randolph, John Lightfoot, and Matthew Page were appointed escheators. [Board of Trade. Virginia, 53. pp. 266–271.]
June 3. 488. Minutes of Council of Massachusetts Bay. Present:—H.E. Lord Bellomont, William Stoughton, L.G., Thomas Danforth, John Pynchon, James Russell, Elisha Cooke, John Hathorne, Elisha Hutchinson, Samuel Sewall, William Browne, John Phillips, Jonathan Corwin, John Foster, Peter Sergeant, John Walley, Barnaby Lothrop, John Thacher, Joseph Lynde, Daniel Peirce, Samuel Wheelwright, Nathaniel Thomas, John Saffin, Eliakim Hutchinson, Penn Townsend, John Appleton, Joseph Hamond, Nathaniel Byfield, Isaac Addington. A Proclamation ordered forbidding correspondence with the Scots about to settle in America. [Board of Trade. New England, 49. p. 209.]
June 3.
June 5.
489. Journal of General Assembly of Virginia. The Burgesses announced that they had agreed to the Bill for confirming titles, with amendments. The Governor communicated the address of the Burgesses about the business of Nanzemund, and Mr. Attorney General was ordered to prosecute Major Thomas Godwin and Andrew Ross for uttering seditious and highly scandalous words against H. E. and the Royal College. The Burgesses agreed to the report about the Pamunkey and Blackwater lands.
June 6. Joint Committee appointed to agree upon an address to H. E. for restraining the shirking and killing of whales within the capes of Virginia. Bills for building the Capitol and the city of Williamsburgh, for ascertaining Collector's fees and raising a public levy were read a first time. The Burgesses presented their agreement about the proportions of the public claims which was read and agreed to. Bills for an imposition on liquors, appointing a Treasurer (with amendments) were passed. The Governor recommended the Burgesses, when they attended, to raise more money. Mr. Grey having owned the libel and submitted, the Governor remitted him as to His Majesty and himself. A Bill for laying an imposition upon servants and slaves was passed with amendments. Bills for building the Capitol and ascertaining fees were read a second time. [Board of Trade. Virginia, 52. pp. 145–152.]
June 3. 490. Journal of House of Burgesses of Virginia. Thomas Milner sworn. Answer about the charges against Messrs. Godwin and Ross agreed upon. The behaviour of Capt. Jordan the Sheriff commended. (And see preceding abstract under date.)
June 5. The Sheriff of Westmorland attending showed that when his sub-sheriff had attached part of the estate of Mr. Corbin he did not know he was elected a Burgess. He was accordingly discharged out of custody. The Committee for proportioning the public levy reported that it amounted to 19 pounds of tobacco for every tithable person. A deposit of 1,548lbs. remained in Ann County which they proposed should be allowed to Mr. John Chiles, Messenger of the House, for his extraordinary service. The Surveyors appointed to lay out the land for building the Capitol and Town were ordered to exhibit their accounts. Bill about the Capitol ordered to be engrossed with amendment and read a third time. Bill for ascertaining fees read the first time, Bill for raising a public levy read the first and second times.
June 6. Bill for ascertaining fees read a second time, was amended in Committee and read a third time. Bill about the Capitol passed. Mr. Beverley was granted leave of absence. Amendment to the address upon killing whales agreed to. A deposit of 4,923lbs. of tobacco in Ann ordered to lie till the next meeting of Assembly. The Levy Bill was then passed. The late Treasurer, Mr. Bird, gave an account of the liquor tax to May 15, 1699, showing a balance of £5 15s. 11½ d. which was assigned to the surveyors and Mr. Robert Beverley.
Bill for ascertaining fees passed and a congratulatory address to the King upon the Peace ordered. (See preceding abstract under date.) Bills returned were agreed to with amendments. The Governor promised to take care about the matter of killing whales. Payments to Mr. Rachel Sherwood, Robert Beverly, John Tillut, Cope Doyly, and Perrigrin Cony, out of the imposition upon liquors, ordered. [Board of Trade. Virginia, 52. pp. 457–468.]
June 5. 491. Minutes of Council of Barbados. James Creswell, purser of the Dolphin, was ordered to be sent home on board Capt. Phillips, and various documents relating to the case, including the survey of the ship's stores by Captains Phillips, England and Lemon, to be entered in the Council Book. Mr. Edmund Bedingfield was admitted to act as Clerk of the Council. A memorial by a well-wisher relating to His Majesty's service and the interest of Barbados was approved and ordered to be recommended to the Assembly. [Board of Trade. Barbados, 65. p. 399; and pp. 429–431.]
June 5. 492. Minutes of Council of New York. Letter from Jeremiah Basse, Governor of the Jerseys, about some of Shelly's men, read. The Attorney General of opinion that the information given therein was sufficient for the Board to summon Giles Shelly and all other persons supposed to come with him from Madagascar to appear before them.
Instructions ordered for the Commissioners to confer with the Indians at Albany. [Board of Trade. New York, 72. pp. 247–249.]
June 5. 493. Minutes of Council of Virginia. On petition of Mr. John Scott of Maryland, prosecuted as security in a Navigation bond for Mr. Andrew Gregg now in this government, Mr. Attorney General ordered to prosecute Gregg. Sheriffs appointed:—
(County) Henrico, Thomas Cock.
Surrey, Thomas Holt.
Nansemund, Francis Milner.
Norfolk, Richard Church.
Warwick, William Cary.
Yorke, Thomas Ballard.
King and Queen, John Walter.
Middlesex, Sir William Skipwith, Bart.
Richmond, Northumberland, Rhodham Kennor.
Stafford, George Mason.
Northampton, Nathaniel Littleton.
Charles City, Robert Bolling.
Isle of Wight, Anthony Holladay.
Princess Anne, John Thorowgood.
Elizabeth City, Coleman Brough.
James City, Henry Duke.
New Kent, William Bassett.
Gloucester, Mordecai Cook.
Essex, John Talliaferro.
Lancaster, Alexander Swann.
Westmoreland, Alexander Spence.
Accomack, Thomas Wetburn.
All persons claiming lands in Pamunkey Neck or on Blackwater Swamp ordered to exhibit them by the first day of the next General Court.
June 6. Grant of 3,470 acres of land in King and Queen and Essex Counties to William Leigh. The Address of the Burgesses was approved. John King and Joseph Peacock proved the publication of a scandalous libel by Samuel Grey, clerk, who confessed, begged and was granted pardon. [Board of Trade. Virginia, 53. pp. 271–274.]
June 5. 494. Hudson's Bay Company to the Lords Commissioners. Reply to the French answer. (May 10.) It is like a wilful shutting their eyes against the light to allege that the English knew not the northern countries from 1497. We appeal to all authentic maps, ancient and modern, and to all histories and book(s) of cosmography. We could go higher if it were material, and shew that the Brittains many hundred years before the Union of England and Wales made voyages to those northern countries. But it will suffice that we maintain our discoveries; our several voyages; our taking possession in the right of the crown of England; our English denominations of the places which they justly retain to this day; our trading with the savage nations and our actual settlements in trade, habitations, forts and factories, before ever the French pretended to an emulation or knowledge of the place. Some of those ancient voyages we have mentioned might be made in search of a passage into the South Sea, but that doth not hinder but that a proper discovery might be made of a country, seas or bays, and possession taken of such places in the name of the Prince of such navigators as a rightful possession. It may be observed with what caution the French industriously avoid owning the name of Hudson Bay, but call it the Bay to the North of Canada, which signifies nothing but to show how ill-founded their pretence is to it, and that the very name betrays the emptiness of their title, and yet in all former memorials in 1687 and divers since they have owned the name of Hudson Bay. Nor doth their late giving of the name of Fort Bourbon in their St. Therezia River to our York Fort in Port Nelson avail them anything more. And to show how little knowledge they have had of the place, and the man whose name the bay bears, they have affirmed in a late memorial that Hudson passing in 1665 towards the north in search for a passage into the South Sea discovered the same without entering into it and called it by his name, which contains two notorious errors, because Hudson's voyage was 55 years before the time alleged, and he entered into the Bay, gave it his name and many other English names to other places, wintered there, but perished himself in the voyage. With equal ignorance they allege that in their expedition in 1682 they meeting an English bark from Boston in New England, in the place, there happened to be one Nelson in the bark who upon his arrival called the Mouth of that River Port Nelson, which was called so 70 years before by Sir Thomas Button from one Nelson, his pilot, whom he buried there, as we have set forth. The interruption we mention of prosecuting those voyages and the formal settling of a trade, by all prudent and rational men may well be imputed to the troubles in England not well quieted till the Restoration, and then resumed and found most convenient to be managed by a Joint-Stock, as they were afterwards incorporated. But we ask the French whether during those troubles here or afterwards till 1682 they ever took the least notice of Hudson Bay or visited any part of it by sea or land. But then it was that their envy began to rise against a trade which we had brought to yield 50,000 beavers a year, which never produced one skin before, nor ever had navigation in the Bay but by the English. How far the French could avail themselves upon pretences to Carolina we know not, but believe it hath no better foundation than their pretences to Hudson Bay, and they might with as good presumption lay claim to New England and Virginia and what they pleased. If the authors they mean who write of Canada or New France give it no bounds to the northward, they must be taken for partial French authors or ignorant of that part of the world. The grants of the French kings signify nothing to another Prince his right. "Nil dat quod non habet" is a maxim understood of all. And it is plain by all maps that Terra Corterialis and Estoitland are on the North of Canada, and we do not hear that they have yet laid claim to those two countries between us and Canada. As for the wrong inference they make that if the English had had any knowledge of the Bay or any pretentions to it, they would not have failed to have made a reservation thereof in the Treaty of 1632 for restoring Canada to the French, what need was there of reserving that which was so remote? If Treaties avail anything with them they are in no just possession of Canada itself for there was a very great sum of money to be paid to the Kirks Family upon the surrender of it,-which never was paid and of which there will be just complaint. The French confess they had no forts on the coasts of the Bay. They date their discovery and first settlements but from 1682, but their excuse for it is very weak, because they had a trade by lakes and rivers, since those lakes and rivers were as fine a communication to the benefit of the English in Hudson Bay as to the French at Quebec, 700 leagues distance by sea. They may as well say because the Channel passeth between England and France and is communicable to both, the French claim the English shore by that contiguity. We believe that no authentic Acts about taking possession can be produced that the savages acknowledged the sovereignty of the French king that can any way affect the English to the prejudice of their right in Hudson Bay. We know the French have used many indirect ways and force to oblige the poor Indians not to come to trade at the Company's Factories, but we conceive they ought to be free and are so to trade where they please. We have said that several expeditions were set out for trial to find a trade and whether it would be worth the engaging in a Joint-Stock before the Company was incorporated. And if Mr. Radisson and Desgroziliers were entertained as servants to the adventurers in those first endeavours what is to be inferred from that? Had they been Spaniards, Portuguese or Venetians it was free for any nation to entertain and employ them. But we deny that we had no knowledge of the Bay before we employed them; for they were no navigators to make a discovery but only useful when we should arrive there, having the language of the savages and so capable to invite them down to trade. The voyages were conducted by English seamen and English pilots. We will agree that the charter in 1670 cannot give the Company any right or dispose of any lands whereof France was in legal possession, but we have denied any legal possession of France. They say that in 1675 the inhabitants of Canada sent a ship into the Northern Bay, entered into Bourbon River and wintered there; we know nothing of this action but challenge them to name the ship and commander. And we desire to know when they first called it Bourbon River or Fort Bourbon. We maintain that it was never actually called so till 1694, and if the confident imposing of French names upon places but as yesterday will create them a title they may soon lay claim not only to Hudson Bay but to half the world beside. As to their action in 1682, we repeat that Radisson and Desgrozilier were forbid by the Governor of Canada and afterwards prosecuted in France as pirates. Let Mr. Radisson who is in London give a full narrative of that expedition. He did not go over in 1684 to the service of the Hudson Bay Company to surprize and plunder Bourbon Fort, as stated, but by concert of the Ministers of France and by the directions of His Majesty of England to restore those places he unjustly took from the English. Though we righted ourselves in 1684, yet we had just grounds continued of complaints which we prosecuted in the Court of France, and what passed in the years 1686 and 1687 when Messrs. De Barillion and Bonrepos were here on behalf of the French is to be found on record. The French reflect upon our surprize in 1684 to recover our right upon their unjust invasions in 1682 as done in a time of peace, and as if their further injury in 1686 when they dispossessed us of the bottom of the bay were the consequence of that. We know the French too well not to be aware that they which invaded us so unjustly in 1682 would prosecute their advantage and pursue us with injuries upon injuries. But we admire at their urging it was a time of peace in 1684. Was it not a time of peace in 1682? Were not they the first aggressors? It may be admired at last to see them pretend their losses at the retaking of Port Nelson (which they still call Fort Bourbon without any reason) exceed the losses suffered by the English in their invasion at the Bottom of the Bay. We have lately exhibited an account of our losses and insist upon full satisfaction for the same, and we annex an affidavit by Mr. Radisson sworn in 1697 which cannot but be a final and satisfactory closing to the whole dispute. Concludes with reference to the Commission of 1687 and a demand to be maintained in possession of all their places in the Bottom of the Bay and also to be restored to their Factory of York Fort in Port Nelson with satisfaction for all damages and a full recognition of all the said places to the crown of England and the sole trade and sailing to the whole Bay and straits of Hudson as rightful proprietors. 9 pp. Annexed,
494. I. Copy of affidavit by Peter Espritt Radisson, giving an account of his voyages affirming the above statements. 4 pp.
494. II. Narrative of Peter Espritt Radisson in answer to the reply of the French Commissioners. 6 pp.
494. III. Translation of M. Callière's direction to Radisson for restoring Port Nelson. 1 p. [America and West Indies. Hudson's Bay, 539. No. 8. pp. 30–49.]
June 6.
495. Col. Quary to the Council of Trade and Plantations. I have by the assistance of Col. Bass, Governor of the Jerseys, apprehended four more of the pirates at Cape May and might have with ease secured all the rest of them, and the ships too, had this Government given me the least aid or assistance, but they would not or so much as issue out a proclamation, but on the contrary the people of this government have entertained the pirates, conveyed them from place to place, furnished them with provisions and liquors, given them intelligence and sheltered them from justice, and now the greatest part of them are conveyed away in boats to Rhode Island. All the persons that I have employed in searching for and apprehending these pirates, are abused and affronted and called enemies to the country, for disturbing and hindering honest men, as they are pleased to call the pirates, from bringing their money and settling amongst them. I enclose the Act they have passed against pirates and privateers. It contains no provision, like the Jamaica Act, making it felony for the King's subjects to serve under any foreign prince against any other prince in amity with His Majesty, though all the roguery in the West Indies has been under colour of foreign commissions. The Jamaica Act makes all such to be accessary that shall knowingly entertain etc. any person deemed or adjudged to be privateers and pirates. But this Act leaves out the word "deemed," so that when I complain of such men, they answer they do not know them to be pirates till they are convicted. The Jamaica Act empowers all commission officers on notice of any privateers or pirates to raise such number of armed men as they think fit; but this Act omits the word "armed," and empowers the Justices, Sheriffs and Constables only to call men to their assistance. If the Quaker Justices can preach the pirates into submission, it is well. The clause making it lawful to destroy pirates who resist is left out, and the penalty for a man refusing to appear when called out is put at only £5. Every care is taken to empower the persons they associate with the Judge of the Admiralty, but there is no provision to empower him, and my Commission from the Admiralty gives me no power to try piracy. But what most sticks with me is how I can try any for their lives when none of the Judges will take the oath of allegiance or the oath of a Judge, nor the jurors their usual oath nor the witnesses swear to their evidence. I hope you will send a Commission under the Great Seal or order pirates to be sent to England, which in my opinion will be much the better way. They have sent home this Act in great triumph to Mr. Penn who knows how to make use of it to serve his ends, but they already fail to put it into execution. We are not out of hopes that, since the wisdom of Parliament hath not thought fit to permit Quakers to give evidence in any criminal cause or serve on juries or bear any office of profit in the Government, they will extend their charity and consider the unhappy circumstances of this place and make the like provision for us. Signed, Robt. Quary.
P.S. Since my writing this, Capt. Kidd is come into this Bay with a sloop. A ship stands off and on, the sloop's boat and some of the men have been on shore to mend some iron-work and were kindly received at the Hore Kills, and several of the inhabitants have been on board them. This Government takes no notice of it. I sent an express to the Governor of Virginia, who I hope will send the man-of-war hither time enough. The Governor of Maryland has secured some of the pirates. Capt. Shelly, after he had landed and secured all the goods, run the ship ashore near New York and then the merchants concerned informed the Governor against their ship. The pirates I brought here have liberty to confine themselves to a tavern, which is what I expected. The six other pirates in West Jersey are at liberty, for the Quakers there will not suffer the Governor to send them to gaol. Endorsed, Recd. Aug. 4. Read Aug. 7, 1699. 3½ pp. Annexed,
495. I. Abstract of preceding letter. 1¼ p.
495. II. Abstract of following act. ½ p.
495. III. Copy of the Pennsylvania Law against Pirates and Privateers. 1¾ pp.
495. IV. Extracts from similar letter to the Commissioners of Customs. 1¼ p.
495. V. Printed Proclamation by the Proprietary of the Province of Pennsylvania. Magistrates and officers charged to apprehend all persons suspected of any connection with piracy. £10 reward offered for the arrest of any such person afterwards convicted. Signed, W. Penn, Oct. 23, 1699. Philadelphia. Printed by Reinier Jansen. [Board of Trade. Proprieties, 3. Nos. 31, 31 I.–V.; and (without enclosures) 26. pp. 48–56.]
June 6. 496. Leonard Compere to Council of Trade and Plantations. The King by Letters Patent, 1674, granted to Tho. Martin (deceased) and Leonard Compere the office of Receiver General of Jamaica, which the latter has filled with Deputies, but the present Governor has refused another and put in one Mr. Broughton and now Mr. Chaplain, who pay Compere nothing out of the profits. Endorsed, Recd. Read June 6, 1699. Enclosed,
496. I. Copy of Letters Patents referred to in preceding. 3 pp. Signed, H. Coventry. [Board of Trade. Jamaica, 8. Nos. 119, 119 I.]
June 6. 497. William Popple to J. Burchett. You are desired to move the Admiralty to order the captain of the Deale Castle to receive on board such sum of money as shall be sent him by Mr. Thurston (May 26). [Board of Trade. Newfoundland, 25. p. 313.]
June 6.
498. J. Burchett to W. Popple. Directions according to your letter will be sent by this night's post to Capt. Fowles at Spithead. Signed, J. Burchett. Endorsed, Recd. Read June 7, 1699. ½ p. [Board of Trade. Newfoundland, 3. No. 146; and 25. p. 313.]
June 6.
499. William Popple to Sir Henry Ashurst, Bart. No progress having been made in the matter of the Attorney and Solicitor General's report upon the New England Address about Appeals for want of your attending them about it (See Dec. 16, 1698), unless you speedily procure the dispatch of it the Lords Commissioners of Trade and Plantations will desire Mr. Attorney and Mr. Solicitor to report without you. [Board of Trade. New England, 37. p. 140.]
June 6.
500. Governor Grey to Council of Trade and Plantations. Your Lordships' letter of the 2nd Feb. came safe to my hands with the Book of the Acts of Trade and an Act relating to the Plantations, as likewise fresh instructions from His Majesty. I must confess I should have returned your Lordships thanks before this, but that I waited for an opportunity of sending something worth communicating from this quarter of the world. But nothing of moment happening here, and Mr. Hart, my Secretary, going for England for the recovery of his health, I cannot slip the opportunity of acquainting your Lordships that I have exactly observed hitherto the Acts of Trade according to my instructions from the King, and resolve to do so, and all those that shall be from time to time transmitted to, my Lords, your Lordships' most obedient humble servant. Signed, R. Grey. Endorsed, Recd. Read, Aug. 11. 1 p. [Board of Trade. Barbados, 8. No. 11; and 44A. pp. 312, 313.]
June 6.
501. President and Council of Nevis to James Vernon. Since our last of May 17, we informed the Governor of Jamaica and Admiral Bembo what we had then heard in relation to that notorious pirate Capt. Kidd, hoping it would have proved for His Majesty's service. But H.M.S. Queenbrough, Capt. Rupert Billingsly, Commander, being now returned from the cruize after Kidd, advises us he is informed by the inhabitants of the Virgin Islands that said Kidd is gone farther to Leeward, and, as they believe, to the Scotch new settlement in these parts. We believe it necessary to transmit you this further accompt as also that Col. Collingwood died on 28th May last. Signed, Wm. Burt, Mich. Smith, Dan. Smith, Jno. Smargin, Richd. Abbott. Addressed. Endorsed, Recd. July 28, '99. [Board of Trade. Leeward Islands, 6. No. 27 A.]
June 6.
502. Minutes of Council of Massachusetts Bay. Mr. Nelson allowed to export grain to St. John's River, the harvest there having failed. [Board of Trade. New England, 49. p. 210.]
June 6.
503. Journal of Council of Trade and Plantations. Upon consideration of Col. Codrington's instructions, the Secretary was ordered to enquire of Mr. Sansom the names of the two principal officers of the Customs in the Leeward Islands.
Letter written to Mr. Burchet about sending money by the Deale Castle for the Company at Newfoundland.
Upon consideration of the long delay of the Attorney and Solicitor General's report upon the New England address about appeals, the Secretary was ordered to write to Sir Henry Ashurst that if he do not procure the dispatch of it, their Lordships will be obliged to desire Mr. Attorney and Solicitor to make such report as they can without him. Mr. Thomas Tresilian offered his service in remedying some abuses in curing pilchards.
Mr. Leonard Compier presented a copy of his Patent and a state of his case.
June 7. Answer from the Admiralty (Mr. Burchet) read.
Orders of Council (May 18) about Mr. Jones' petition, Mr. Lucas' fine, Governor Grey's present, and repealing an Act of Barbados, read.
Two letters from Mr. Lloyd, May 23 and 31, read. Ordered that his account of the invasion of Jamaica 1694, and the Act for a present to Sir William Beeston be taken into consideration when the Act is returned by the Solicitor General.
Mr. Trott's defence was read, and Mr. Bradshaw's memorial, May 23, read and referred till the Board should be more full. [Board of Trade. Journal, 12. pp. 61–64; and 96. Nos. 90, 91.]
June 6. 504. Minutes of General Assembly of Massachusetts Bay. Address to H.M. presented to the Governor, who was thanked for his speech. Bills for punishing privateers and pirates; establishing a Post Office; and General Sessions; read the first time.
June 7. The above Bills read a second time and committed. Bills for establishing inferior Courts of Common Pleas; and superior Courts; read twice and committed. Joint Committee appointed for reprinting the Laws.
June 8. Amendments to the Bills establishing Courts read and approved.
June 9. The Bills transcribed were read a third time, passed, and sent down to the Representatives.
June 10. Bills for reviving and continuing actions depending; and for regulating proceedings in the Courts of Justice; read twice and committed. [Board of Trade. New England, 48. pp. 291–295.]
June 7.
505. Governor Wm. Beeston to Governor the Earl of Bellomont. I have received yours of Aug. 18 and April 25, and with the last one for M. Durasse, which shall be sent forward by the first conveyance, though we have not many thither, for since the Peace they have forbidden trade with all but the Spaniards, whom they are much in love with, supposing them and their country to be their own as soon as the King of Spain dies, and the Spaniards are as fond of them and admit them to trade and into their ports who have beating of them for these ten years past, but to the English, who have been so long fighting for them and spending their blood and treasure to defend them, they refuse all civility and common respect, and call 'em ill names because the Scotch are settled at Darien, which they will not believe is without the King's consent or connivance at least, though I have written to all the Governors to assure them of the contrary, and have issued out a proclamation that none go near the Scotch nor trade with them nor assist them with provisions nor anything else, and have sent duplicates of it to the Governors, nevertheless the French have gotten such an interest in them by reason of their Churchmen and religion that they tell them all is a blind, and that the English and Scotch are all one people, and the French have reason if they expect the Indies, for the Scotch will then be as great a thorn in their sides as they are now in the Spaniards'. But, if it be true I now hear, that a recruit of three good ships, with 800 men, are newly arrived to them, they will not easily be removed, and they are so well posted that the admiral of the Barliaviento fleet was by land within two or three miles with 1,500 men, but would not attempt them, but he is reported to be a modest man, which perhaps was the reason. Col. Webb, who was Governor of Providence, I hear, is eloped from his government, and gone into some of your Excellency's Provinces. 'Tis what I expected by his management, and therefore I writ to him and advised him, but I hear he railed at me for it, and I doubt the Governor of Bermudas will follow his steps, for he has seized a sloop of this island who was going to Madera with money in her, who, by accident, gave a knock on some of all Day's rocks and went into the harbour only to see if they had received any damage, and will not let her go till they pay him the 10th and 15th, as if she were a wreck. He may as well demand so much of every man that lands on his island for treading on his ground. Those little Governments act ma(n)y strange things. 'Twould be more happy for the people if they were under the direction of those that are nearest to them, that might regulate their extravagances, which oftentimes are very great and mighty prejudicial to His Majesty's subjects. Your Northern party have of late years wholly taken of the prejudices and scandal of privateers and pirates this island lay under, for we have had none of it a long time, and indeed 'tis a great pity they should be connived at anywhere, they being a vermin in a commonweal and ought to be dangl'd up like polecats and weasels in a warren, I am therefore please(d) to hear your Excellency is so zealous in the detecting of them. We met with one who had lately strayed ashore here, whom I caused to be tried and hanged, and so I will all I meet with where there is just proof against them, and if all would do so, that so there might be no nesting anywhere for them, they must fall off course. Copy. [America and West Indies. Jamaica, 540. No. 52; and Board of Trade. New England, 9. No. 65 XIV.]
June 7. 506. Minutes of Council of New York. Instructions for a conference with the Indians approved of. Edward Buckmaster, one of Shelly's men, committed. Warrants to the Sheriffs ordered for the arrest of persons suspected of piracy or illegal trade. [Board of Trade. New York, 72. pp. 249, 250.]
June 7. 507. Journal of General Assembly of Virginia. The Burgesses announced that they had agreed to the Bill for taxing servants etc. with amendments. The Bill for appointing a Treasurer was passed with amendment proposed by the Burgesses. The Committee for revising the Laws ordered to be instructed to consider the best method of issuing commissions for the militia and of paying for the same. Bills for building the Capitol, ascertaining collectors' fees, and raising a public levy passed. The orders by the Burgesses for several payments agreed to. The Burgesses attended after evening prayers and presented to H.E. an address to His Majesty. They agreed to the amended Bill for building the Capitol.
June 8. The House of Burgesses attended in the Great Hall and H.E. produced a new Seal of the Colony and affixed it to a proclamation appointing a solemn day of general thanksgiving. He gave his assent to the Bills agreed upon this session and then prorogued the Assembly till Nov. 9. [Board of Trade. Virginia, 52. pp. 152–159.]
June 7.
June 8.
508. Journal of House of Burgesses of Virginia. Bills returned from the Council agreed to with amendments. Bill for ascertaining the value of money, not agreed to by the Council, referred to the Committee for the revisal of Laws. Mr. Samuel Gray, having acknowledged his offence to the House, was pardoned for his libel. The form of Bonds prepared by the Committee of Claims was reported to the House. An Address to His Majesty was agreed to. (And see preceding abstract under date.) The enrolled Bills were ordered to be examined and sent with the engrossed Bills to the Council for perusal. The forms of Bonds were agreed to and sent up to the Council. The Proclamation by the Governor and Council for a Day of Thanksgiving was approved. [Board of Trade. Virginia, 52. pp. 468–474.]
June 7. 509. Minutes of Council of Virginia. Col. Hill ordered to choose 5,000 acres of unclaimed land to be set apart for public uses as hereafter directed. The powder at James City ordered to be distributed amongst the counties. Commissions for the militia officers ordered to be prepared in the Secretary's Office. In case of invasion on the frontiers the next Commission officer of the militia ordered to raise men to oppose it until he receive further directions from the Governor or Commander-in-Chief of the militia in the county, to whom he must at once dispatch several expresses. The Commanders-in-Chief of the militia ordered to return lists of the Commission officers in their counties, and to recommend others to supply vacancies. All officers, civil and military, ordered to take the oaths and subscribe the Test and Association. Mr. Attorney General to prepare a commission for that purpose. Proclamation ordered against striking whales within the Capes of Virginia. The judge and officers of the Admiralty Court presented a petition for salaries.
June 8. Collectors and naval officers appointed. Proclamation for a public thanksgiving approved and ordered to be laid before the Burgesses. Order issued for the apprehension of Joseph Bradish and his accomplices, pirates, if they come into this Government. [Board of Trade. Virginia, 53. pp. 274–281.]
June 7.
510. Mr. Sansom to Mr. Popple. In reply to yours of the 6th inst., James Thynn and William Meade are the names of the two chief officers of the Customs in the Leeward Islands, established at Nevis under the character of Commissioners and Collectors of the duty of 4½ per cent. Signed, Jno. Sansom. Endorsed, Recd. June 8. Read June 14, 1699. [Board of Trade. Leeward Islands, 6. No. 28.]
June 8.
New London,
511. Gov. Winthrop to Council of Trade and Plantations. I have issued a proclamation against giving aid to the Scotch expedition. In the month of Sept. 1698, several pirates ran away the ship Adventure of London, Capt. Gullock, commander, and bound to Borneo in the East Indies (as they confess) from Pollonis in the East Indies, where they left the said commander and others of their company, and brought the ship upon this coast, when they sank her with most of her loading. Ten of the company are in custody here. There was taken with them in money and goods to the value of about £2,000 which is secured here. The rest of their confederates, with considerable sums of money and goods are seized at Boston in the Province of the Mattathusets (Massachusetts). Those that are here do so far confess the horrid fact of felony that they are guilty of as may convict them. Your Honours will put a great favour upon this colony in communicating to me His Majesty's pleasure concerning the said money and goods, which was squandered about into many hands and concealed, which made it difficult to come at. There is no correspondence here with any illegal traders. I have informed all officers of H.M. instructions relating to the Acts of Trade and your letter of Feb. 3. Signed, J. Winthrop. Endorsed, R. Aug. 31, 1699. Enclosed,
511. I. Proclamation forbidding assistance to be given to the Scotch expedition. Signed, John Winthrop. May 29. [America and West Indies. Connecticut, 531. Nos. 7, 8, 9, 9 I.; and Board of Trade. Proprieties, 4. Nos. 7, 7 I.; and (without enclosure) 26. pp. 93–96.]
June 9.
512. Governor Basse to William Popple. I received yours of August last. I am sorry I have received no directions about the two pirates by me secured in East Jersey but afterwards bailed by Lord Bellomont. Both belonged to Avery and one I find to be principally concerned in their horrid villainies. On May 29 Capt. Shelly in the Nassau that some months since went out from New York for the Island of St. Lawrence arrived at Cape May in this Government and that evening put on board of one Gravenrate of New York eight pirates that having committed several hostilities in the Indies and made their voyage returned in him. He also landed at Cape May 14 men passengers from the aforesaid island, eight of which with their effects escaped before I obtained any notice of their arrival, which was not until the 1st inst., and then, I having an account of their endeavours to escape by a letter from Col. Quary, I immediately manned out a sloop and in person went down to Cape May, took four of the persons suspected of piracy, who confess that [they] have been on the coast of India and have taken several prizes there. Two more of them were taken with their effects on the river and are now committed to the Jail of Burlington. In their chests are about 7,800 Rix dollars and Venetians, about thirty pound of melted silver, a parcel of Arabian and Christian gold, some necklaces of amber and coral, sundry pieces of India silks, which are all secured until some course be taken with the prisoners. What the other four may be possessed of I cannot yet inform you, they not being arrived at Burlington. I hear by them there are some hundreds of men on the Island of St. Laurance that having by robbery gained considerable sums are now desirous of retiring to spend their ill-gotten goods. Since the arrival of Shelly I am informed Capt. Kid on a large sloop with about 60 hands hath been seen and spoke with betwixt the two Capes of Delawar. I had a sight of the sloop when I was down but found he sailed too swift for me. I am too much discouraged in my zeal for the common good and H.M. service in that I have nothing beyond a Proprietary Commission to support me, and even them persons seeming to desert me because of my discountenancing the Scotch and pirates.
In our Assembly in East Jersey we passed the Jamaica Act against privateers and pirates. It met with no mean opposition from the Scotch gentlemen, who amongst us are grown to a very great height from the prospect of a gentleman of their own nation filling the seat of Government in these provinces by His Majesty's approbation, and the success that their countrymen meet withal in the settlement of the Island Gorda alias Golden Island, called by them Calidonia. The English interest and trade must fall if some speedy course be not taken for the stopping of their growth. The principal traders in East and West Jersies and Pennsylvania are Scotch, who some of them have publicly asserted that H.M. dare not interrupt them in their settlement of Golden Island, lest it should make a breach between the two nations, publicly holding correspondence with them, contrary to H.M. Proclamation, and encouraging the inhabitants of these Colonies to go thither to trade and settle on the proposals made them by the Council of State in Calidonia. In time this evil may be too universal to be easily remedied: the trade of England to these colonies wholly discouraged and that of the Scotch nation advanced. If the sweets of profit be once tasted by our inhabitants by giving the least encouragement to this trade, it will not be suppressed without extraordinary expense and diligence. No way will prove more effectual than a total exclusion of them from any share in the Government of these Plantations. Signed, J. Basse. I send you the enclosed letter that you may see what trade is carried on at New York. Signed, J. Basse. Endorsed, Recd. Aug. 3. Read Aug. 4, 1699. Holograph. 4 pp. Enclosed,
512. I. Abstract of preceding and succeeding letters. 2 pp.
512. II. Giles Shelley to Mr. Delencie, or, in his absence, Mr. John Barbarie in New York. Cape May, May 27, 1699. At St. Mary's in Madagascar I sold the goods for muslin, calicoes, a ton of elephants' teeth and 2 or 3 cwt. of opium. I took on board 75 passengers: 24 went ashore at Fort Dolphin, where I bought a few negroes and some pigs of tooth and egg (sic) [? the metal tutenag]. Most of the passengers design for Virginia and Horekills with Andrew Graverard. I have for their passages about 12,000 pieces of eight and about 3,000 Lyon dollars. I hear there is no man-of-war at New York, and design to come to Sandy Hook. Capt. Burgess arrived at St. Mary's the day I sailed, and sold his goods very well. Signed, Giles Shelley. Copy. 1 p. [Board of Trade. Proprieties, 3. Nos. 29, 29 I.–II.; and 26. pp. 33–41.]
June 9. 513. Minutes of Council of Massachusetts Bay. Nathaniel Byfield, Judge of the Court of Admiralty, Capt. Lawrence Hammond, Register, and Henry Francklyn, Marshal of the Court, took the oaths etc. appointed.
June 10. Petition of Thomas Hinckley referred. [Board of Trade. New England, 49. pp. 210–211.]
June 10.
514. Governor Jeremiah Basse to Council of Trade and Plantations. I received yours of Jan. 2 and immediately published enclosed proclamation. These orders arrived very opportunely to curb the endeavours of some gentlemen of the Scotch nation to promote not only the Scotch interest in general but that particular settlement which they now call Caledonia. I almost think it will be needless to acquaint your honour of the settlement of that party of men you caution us against on the island Gorda, alias Golden Island near the coast of Darien, with the Indian inhabitants of which province they are entered into a strong confederacy. By order of their Council they have called their settlement Caledonia. They have had a skirmish with the Spaniards in which they came off victorious. Some proposals for the settlement of that place are with much zeal embraced by the Scotch gentlemen inhabiting the Jerseys who report that the Caledonians have already raised a fortification of 150 guns and will give all manner of protection and encouragement to all that shall trade or correspond with them, to which many of our inhabitants, notwithstanding these orders, seem so emboldened by their expectations of the arrival of a gentleman of their nation to fill the seat of the Government in these provinces by his Majesty's special approbation. Nay, to so great a degree of madness have these encouragements advanced them that some of the eminentest of that nation amongst us in the hearing of myself and some of my Council asserted that it might endanger a rupture betwixt these two nations if his Majesty should interrupt their settlement. The trade of the Jersies and Pennsylvania seems to be much in the hands of that nation, several of them being our principal dealers and their numbers yearly increasing whilst the interest of our nation seems so much declining. Certain I am their prosperity in the Plantation cannot but extremely prejudice the general interest of our own nation, impair his Majesty's revenue, and in time give no mean fears of their subjection to their so much applauded Caledonia, which I cannot but say seems by nature and situation to pretend in time to be the emporium of trade and riches of America, a place if it meet with encouragement and be suffered to grow that may in time collect to it the riches of the Eastern and Western Indians, the one safely transported through the famous South Seas over the Isthmus of Darien and the other from the two adjoining Empires of Peru and Mexico. Signed, J. Basse. Endorsed, Recd. Aug. 3, 1699. 1 p. much soiled. Enclosed,
514. I. Proclamation by the Governor of the East and West Jersies, forbidding assistance to be given to the Scotch expedition. May 25. ¾ p. [America and West Indies. New Jersey, 575. Nos. 27, 27 I.]
June 10. 515. J. Burchett to W. Popple. The Deal Castle being now ready to sail, if my Lords of the Council of Trade have any further heads of enquiry to send to the commanding officer at Newfoundland, please hasten them to me. Signed, J. Burchett. Endorsed, Recd. June 10. Read June 14, 1699. ¾ p. [Board of Trade. Newfoundland, 3. No. 147; and 25.p. 314.]
June 10
.St. Swithin's
516. Gilbert Heathcote to William Popple. I enclose copies of the affidavit concerning the loss of the Adventure, and humbly request that one may be sent to each of H.M. Governments in the West Indies with orders to make diligent search after the ship and cargo. ½ p. Signed, Gilbert Heathcote. Endorsed, Recd. June 10. Read June 17, 1699. Annexed,
516. I. Affidavit of Capt. Gullock as to the seamen running away with his ship, the Adventure. May 13, 1699. 1¼ pp.
516. II. Affidavit of Drew Hacker, gent., and William Whitesides, boatswain, on the same subject. ¾ p.
516. III. Names and descriptions of the men who ran away with the Adventure. Sept. 17, 1698. 1 p.
516. IV. Description of the Adventure, a Hag boat, Ipswich built. ¾ p.
516. V. Cargo of the Adventure. Cloth, flannel, opium, iron, lead, etc. and 33,500 Spanish Dollars. ¼ p. [Board of Trade. Plantations General, 5. Nos. 17, 17 I.–V.; and 35. pp. 47–53.]
June 10.
517. Joseph Blake and Joseph Morton to Mr. Secretary Vernon. By yours and the copy of a letter from the Lords Commissioners of Trade to yourself we observe Capt. Harris has complained of being unjustly treated here as a foreigner, and your direction that he ought to be relieved for the damage he has sustained. We give you a short but impartial account of the whole matter. On the first seizure of his vessel for his being a Frenchman and master thereof, he acknowledged that he was born in St. Martin's in the kingdom of France, but said he was naturalised. But when his vessel was upon trial he pleaded that he was made a denizen of England, but could produce no patent and owned he had only been told so by the owner. There was no proof of his being legally qualified to be a master of a ship and she was condemned. If a master's bare saying that he is a denizen or that his owner told him so is to be deemed proof enough, how are we to obey H.M. repeated commands to put the Acts of Trade in force? Signed, Joseph Blake, Jos. Morton. (By Capt. Tho. Mann.) 2 pp. Much stained with salt water. This is probably the letter referred to as saved from the shipwreck (see Sept. 27). [America and West Indies. South Carolina, 620. No. 1.]