America and West Indies: May 1700, 21-25

Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700. Originally published by His Majesty's Stationery Office, London, 1910.

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'America and West Indies: May 1700, 21-25', in Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700, (London, 1910) pp. 263-284. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol18/pp263-284 [accessed 12 April 2024]

May 1700

May 21.
Boston.		 458. Minutes of Council of Massachusetts Bay. His Excellency communicated an accompt of the negotiations of Col. Peter Schuyler and Robert Livingstone, of H.M. Council of New York, and Hendrick Hanse, commissionated by his Lordship to visit the Maquas, Oneydes and Onnondages Nations, who returned to Albany, May 2. They reported the artifices used by the French to debauch the Five Nations and draw them over to their interest, and their false insinuations that His Majesty had withdrawn his protection from them and designed to extirpate them.
Fees for the establishment, May 1699—April 1700, ordered to be paid to Mr. Secretary Addington. [Board of Trade. New England, 49. p. 293.]
May 22. 459. Minutes of Council of Virginia. His Excellency acquainted the Council that by his Orders of April 28 for raising the Militia in the Counties on the west shore of Chisapeake Bay on occasion of the pirates being in Lynhaven Bay, he had directed the said orders to be sent by the Commander in Chief of Northumberland County over Potowmeck River to the next officer in the Province of Maryland, whom he did thereby desire to send it by express to the Governor, that he might take such measures for defence as to him should seem proper. These orders the Governor of Maryland never received. Enquiry was ordered to be made as to the cause of this failure.
His Excellency laid several papers before the Council.
Edward Ross, gunner of James City, laid before the Council an account of the powder he had lately delivered on board H.M.S. Shoreham. His Excellency said he would write to the Council of Trade to intercede that the powder supplied by the Province to men-of-war be returned in muskett powder made up in half and quarter barrels.
Proclamation to hinder strange seamen from wandering about the Province signed. Recommended to the Committee for revising the laws that they prepare a bill for preventing the entertaining of strange seamen and for preventing merchant ships sailing hence without clearings.
Six of the smallest guns now at James Town ordered to be carried to Williamsburgh and laid near the place designed for building the Capitol.
Return of the number of open sloops and trading vessels belonging to the Dominion ordered.
May 23. His Excellency laid before the Council the proceedings of the Governor and Council of Maryland, May 4th, showing that they are of opinion that H.M. Advice-boat, Messenger, Capt. Cood, may be very serviceable in that Province in detecting foul traders, but, since she is so small, and has only two months' provisions and four small guns, can be no defence to the coast, which seems to be pretty well guarded by the arrival of H.M.S. Shoreham, neither is she fit to go out of the coast, being so small, and if she should be only made use of to lie at Point Comfort, the worm biting much more there than in Maryland, she would be mightily endangered. If any material occasion arise, the Council advise the Governor of Maryland to give such orders as he think fit, it being considered that her men may perhaps be useful, otherwise that she go up to Turkey Point to avoid the worm. Whereupon, the Governor and Council of this Dominion are sorry the Advice-boat is not sheathed, and is in such want of provisions, but she cannot be supplied here, not being able to furnish H.M.S. Essex prize, which hath already been presented home for England. If the Advice-boat can be sent hither this summer she will be very serviceable, having orders to receive six guns here, which will be a very great addition to her force, for, being small, she may go into Smith's Island River and other shoal places about the Capes, where pirates do sometimes haunt, and there is not water enough for the Shoreham. However, if she cannot be sufficiently provided and sent hither, but must be laid up at Turkey Point, they recommend it to the consideration of the Governor and Council of Maryland, that they give the necessary directions for her men to be employed in a sloop to cruize in Delaware Bay.
Gawin Corbin, late Collector of Rappahanock River, complained of the exorbitant fees of the Court of Admiralty on the condemnation of the Providence of Dublin. But these, being found reasonable, were ordered to be paid.
Measures taken for provisioning and sending the pirate prisoners to England. Instructions for their management and delivery given to Capts. Passenger and Aldred, and to Lt. Col. William Wilson, Commander-in-Chief of the Militia in Elizabeth City County, and to the masters of several merchant ships.
Proclamation, for securing drifts, wrecks, etc., to His Majesty, approved.
Capt. Willis Wilson ordered to sell the remainder of the things saved from the Advice-boat Swift and to give His Excellency an account thereof.
10l. paid to Joseph Man for attending as evidence at the trials of the pirates and going to England for the same purpose.
Sailing of the Essex prize deferred till June 5.
His Excellency announced his intention of going in H.M.S. Shoreham 40 or 50 leagues without the Capes in order to see the ships convoyed off the coast.
Benjamin Harrison, Clerk of the Council, resigned his office, and was ordered to prepare to deliver up his books next Council. [Board of Trade. Virginia, 53. pp. 437–464.]
May 23. 460. Journal of Council of Trade and Plantations. Letter from Lord Jersey, May 13th, read. Copy of proceedings in the case of the Cole and Bean galley ordered to be sent to Mr. Attorney and Solicitor General for their opinions (May 24).
Ordered that the Jamaica Acts, lately received from Mr. Attorney General, upon occasion of that relating to Patentees, be returned to him for his opinion.
Resolved to take Mr. Charles Lodwick's memorial into consideration in the first opportunity.
Letter from Mr. Wm. Phelps (May 15) read.
Mr. Wharton, solicitor for Mr. Palmes, of Connecticut, acquainted their Lordships, in confirmation of Mr. Palmes' memorial, May 2, that their letter of April 24, 1699, had been delivered to the Governor, Mr. Winthrop, July 24, 1699, by James and Samuel Avery, whose affidavit to that purpose he produced; whence he inferred that, this Board having received no answer from the said Governor and Company of Connecticut, was an evident argument of their declining to allow Mr. Palmes's appeal, as they had been directed to do. Letter to the Governor and Company of Connecticut ordered, requiring them to give an account of their proceedings in pursuance of H.M. Order in Council, March 9, 1698/9.
May 24. Letter from Mr. Thornburgh, May 24, read. Answer agreed to and sent. [Board of Trade. Journal, 13. pp. 49–53; and 97. Nos. 94, 95.]
May 23. 461. Minutes of Council in Assembly of Barbados. Precepts signed for holding the Grand Sessions, June 11th, at the Quakers' Meeting House, Bridge Town. Proclamation ordered for taking away nuisances and cleaning the storehouses and streets there.
Proclamation ordered for a General Fast, June 7, to avert the great sickness now amongst the people.
Charles Buckworth paid 100l. for the charge of His Excellency's horses and servants, at his first landing.
Petition of Wm. Heysham, John Hunt and Wm. Roberts, complaining that the sloop Expedition was condemned at Martinique, read. Depositions of the master and crew ordered to be sent home to the Council of Trade under the Seal of the Island. [Board of Trade. Barbados, 65. pp. 511–515.]
May 24.
Whitehall.		 462. William Popple to the Attorney and Solicitor General. The Council of Trade and Plantations refer for the opinion of either of you the proceedings of the Admiralty Court of South Carolina in the case of the Cole and Bean, desiring to know whether (1) Mr. Edmund Bellinger were rightly qualified by law to make that seizure and prosecute as informer; (2) whether an appeal could lawfully be refused to the master or owners of the said ship from the sentence past in the Court. [Board of Trade. Proprieties, 26. p. 213.]
May 24.
Skinners' Hall.		 463. Wm. Thornburgh to Wm Popple. In answer to yours of the 14th inst., the Lords Proprietors of the Bahama Islands conceive that security given to the King by their Governor here is a performance of what may be required of them, and that security to be given by the Proprietors was intended where the Governors were then residing in America and could not enter into it themselves. And they hope their Lordships will be of that opinion and the rather because it seems most consonant to reason that the person for whose fidelity the bond is given should be bound himself. There hath been since that time farther provision by Act of Parliament for securing the Trade and keeping Governors to their duty, and if the Lords had thought it necessary that Proprietors should have given security for their Governors, it would have bin provided for in those Acts. Signed, Wm. Thornburgh. Endorsed, Recd. Read May 24, 1700. ¾ p. [Board of Trade. Proprieties, 5. No. 50; and 26. pp. 213, 214.]
May 24.
Whitehall.		 464. Wm. Popple to Wm. Thornburgh. The Council of Trade and Plantations do not deny but the Deputy Governor's own bond is a likely means to keep him within his duty, and they therefore doubt not but the Lords Proprietors of the Bahama Islands will take care thereof on their own account; but the security expected for the King being to be entered into by the Lords Proprietors themselves for their Deputy Governor according to H.M. Order upon the Address of the House of Lords, March 18, 1696, they desire once more to know the ultimate resolution of the Lords Proprietors in that matter, before they lay it before His Majesty, which they are obliged to do the next Council day. [Board of Trade. Proprieties, 26. pp. 214, 215.]
May 24.
Whitehall.		 465. William Popple to Sir Thomas Trevor. The Council of Trade and Plantations desire your opinion in point of law on the Acts past in the General Assembly of Jamaica, June 1699, as of all other Plantation Acts that lie in your hands, with what speed you can. [Board of Trade. Jamaica, 57. pp. 64, 65.]
May 25.
Boston.		 466. Governor the Earl of Bellomont to the Council of Trade and Plantations. I had begun a letter to satisfy you of the faisibility and cheapness of making tar for England and all the King's dominions, and also masts and ship-timber of all sorts. I am confident the King will be furnished with all these for half what they cost him at present, and that the whole Eastland trade for Naval Stores, except flax and hemp, may be turned this way. And how unspeakable an advantage that will be to England in the saving above 100,000l. sterling per annum, which the marchands here tell me is exported from England in specie by the Eastland marchands, but that, or near that sum, will be gain'd by England in the sale and yearly exportation of its manufactures, when that trade is once turned hither to the Plantations. These things I was actually engaged in, when several cross accidents came upon me; first, two ships newly arrived here from London, and a marchand of this town coming passenger in one of them tells me he called on Mr. Weaver, who told him he had some packets from your Lordships and the rest of the Ministers for me, but that he would send them in a ship bound to New York. If Mr. Weaver had been at his post of Collector, he had not been in the way of doing me a most sensible mischief by his so wrong and faulty judgment. I am thus deprived not only of your Lordships' orders upon my letters of April 13th, 17th, 27th, and May 3rd, 13th, 15th, '99 relating to the affairs of New York, but also upon those relating to this Province, more especially that of August 28th last, which gave an account of the miscarriage of the Bill restraining and punishing privateers and pyrats, so that within three days the Assembly being to meet, I have no orders from the King or your Lordships to produce, in maintenance of my proceeding with the Assembly touching that Bill, and the point of nomination of officers, which was contested by the Council. This is a great discouragement. Another is that I am unprovided of all manner of assistance to serve the King and defend the country, hearing nothing of an honest able Judge and Attorney General, which I have so often begged might be sent, and being destitute of money and soldiers. These ill circumstances afflict me the more because of the news I have had from Albany (upon the return of the messengers I sent to the Five Nations), which I believe your Lordships will think is melancholy enough, and that those Indians are in a staggering condition. In Mr. Livingston's letters I more especially recommend to your Lordship's consideration the hellish practice of poisoning our Indians, set on foot without doubt by the French, and the neglect of demolishing the fort of Cadaracque in Col. Fletcher's time, which I perceive by one of your Representations you were informed was impracticable, as being 400 miles from Albany. I can assure your Lordships 'tis but 260, and all the way a water carriage, except 10 miles, which they call the carrying place, and the Indians would have carried 10 or 12 barrels of powder for 'em and much more, had it been necessary, and an officer with half a dousin souldiers had been sufficient. The Indians would have given 'em what guard they pleased. Mr. Livingston and the other messengers went to the Onnondages' castle in canoes, which is within 60 miles of Cadaracque and a river all the way. By their report you will see plainly that the French have given all this alarm to the Indians, and how faithless they have been in so doing, and how little reliance the King has reason to have on the stability of the present peace. The account Abraham and David Schuyler and Robert Livingston, jun., who are newly come from Canada, give of the French preparations there is, I conceive, well worth your Lordships' observation, and reflection that at the very time they are fortifying against us and keeping up the same number of soldiers still which they did all the war, we let our wooden forts fall to the ground, and reduce our pittance of soldiers and neither mind paying nor recruiting them. Your Lordships' endeavours, which are noble and would be extremely useful to England if complied with, would quickly set [things] on a true bottom. But if you meet with repulses in your measures, I can hope for no fruit from all my labour to serve the King, and this consideration troubles me as much as any, and I believe I shall quickly be tired out. By the Governor of Canada's enquiry whether I was not gone to England, I should believe he did not like me for a neighbour: that and some intelligence I have had of late affords me some matter for reflection. The message to the Onnondages cost the King in the whole 260l. 12s. 0½d. New York money. I hope the service it will do the King will abundantly compensate the charge. But that the whole charge of keeping the Five Nations in friendship with us should lie upon New York, when 'tis plain that all the Plantations on this Continent are equally interested in the management of their friendship, seems to me a hardship, and I shall never be able to discharge the debts because of the constant growing charge those Indians are to us. Therefore, if you please to admonish the respective Governments to bear their proportion of the charge, it would be light and easy under such a contribution. I believe since my coming it has cost little less than 2,000l., the presents to the Indians and the messages to them, and to Canada on their behalf; and as the French apply themselves to court them from us, our caresses must increase, any bare compliments will not do with them. The L.G. of New York's letter will shew you the miserable condition of our forts, and what a jest they are with the French. Some people are not without a jealousy that the Jesuit Brouyas and Major de La Vallière, that were sent to me last year on pretence of a compliment by the Governor of Canada, were rather intended as spies to look into the condition of our forts and garrisons. If so, they could not avoid carrying their Governor a most ridiculous account of us. The arguments about the Indians may be brought to this dilemma:—if the King will not be at the charge of preserving them and defending the country, both the Indians and the country must fall into the hands of the French very speedily, and then the King will lose the most valuable dominions that belong to the Crown. I wish with all my heart the King had consulted your Lordships before he ordered the reduction of the 400 men at New York and not hearkened to any private man's advice. I cannot think that man was faithful to him, be he who he will.
Mr. Partridge, notwithstanding my admonitions, has not only consented to a ship's loading ship-timber and masts at Pescattaway, but is now actually loading a great ship of his own of about 350 ton with principal ship-timber for Portugal. The noise, too, of the profitable voyage he formerly made thither with ship-timber has so encouraged others to do the like, that I am newly informed of one Major Davison, who is said to be loading a ship at Newberry in this province with that sort of timber for Portugal. I believe you will not approve of this trade, but 'tis very unlucky that I am so long without your orders. I doubt not to make it appear that it is to the full as great a prejudice to England to imbezle the timber growing in New Hampshire as it would be to imbezle that which grows in Newforest in England.
If I were worthy to advise the King, the forces in New York should be immediately made up 800 men, to guard the country and work at making tar. They should also be regimented, and extraordinary care taken in the choice of good officers. The Lieut. Col., being a discreet man, would be fit to be made Lt. Gov. of New Hampshire with what salary the King shall please; the major to be Governor of Albany, where the people are strangely unruly and lawless, the companies to be made fifties, the captains to be well chosen and to be of the King's Council both in New York and New Hampshire, to balance those of the Council in both places that are of the country. This can be no great addition of charge to the King, because the officers, I suppose, may be chose out of those that now receive half pay in England. We shall stand in need of 650 men to make up the 800, which men may be transported in the King's ships that come to relieve the two that are here and at New York. If those men be sent over, there will be 400 beds wanted, 200 light guns for the Indians, little longer than carabins, 100 barrels of powder with a suitable proportion of lead and shot and flints, and 1,000 hand granados, some match(es). If the King approves of our making tar, we shall need 1,000 falling axes, which I believe cost about 14d. a piece, which will be the only charge of that matter. Then if the King intends we shall build forts, there will be a necessity of ten dousin of spades, as many shovels, a dousin of iron crows and a dousin of iron sledges, and of two ton of good iron to mend the tools. If the 800 men be allowed, and divided into 16 companies as I have proposed, I should be glad if one of the captains were a very good fireman and understood gunnery and shooting bombs, and that two of the lieutenants were extraordinary Master Gunners, one for the fort of New York and the other for Albany.
May 30. I send you copies of all papers relating to the pyrats and their effects now sent by Rear-Admiral Benbow. The Governors had not taken their examinations but left that labour to me. The pyrats are nine in number, and Robert Bradenham, that was Kidd's surgeon, is the obstinatest and most hardned of 'em all. Brown is married to Col. Markham's daughter. Col. Markham was Governor of Pennsylvania in Mr. Penn's absence. David Evans was tried at the Old Bayly and acquitted, as he pretends. Terlagh Sulivan, 'tis said was forced on board a pyrat ship. Mr. Penn and others from the Jerseys give him the character of an industrious man and very poor. He has a wife and three small children. I have been much solicited to let Brown, Evans and Sulivan have their liberty, but having no such commission or direction from the King, I would not presume to do such a thing. The original examinations I have sent to my Lord Jersey, as I did the others by the Advice frigat. I send the L.G. of New York's inventory of the goods and treasure, and also an inventory I had two marchands in this town to take. The L.G. having discharged himself on oath, there was no need of my exonerating myself on oath. I send copies of my letters to the Lords of the Treasury, Admiralty and Commissioners of the Customs. Rear Admiral Benbow will give you an account what a vast prejudice the destruction of the woods in New Hampshire does the King and Kingdom. He saw a quantity of noble timber for ships brought to Pescattaway by Mr. Partridge to be sent to Portugal in his great ship. Signed, Bellomont. P.S.—The Session of the General Assembly opened yesterday. We have as yet made no further progress than that this day the House of Representatives sent me a message desiring I would have the Castle Island surveyed in order to the building a new fort there. I send the discourse I made to the Assembly. There is a Bill brought before me and the Council to prevent escapes of pirates, etc., pursuant to H.M. Order of Nov. 10 last. The L.G. and Council of New York, understanding that several French were come from Canada to Albany to sell French goods and carry away horses and mares, issued a proclamation strictly forbidding the selling or suffering any horses and mares to be carried out of the country, but in defiance of that there were six of the best stone horses and about 50 of the best mares in the whole country sold to those French, and suffered to be carried by them to Canada. It was about Christmas, and they travelled over the lake called Corlar's Lake on the ice. I can never bring the people of that province to obey laws, if the King will still grudge the allowing us an honest able Judge and Attorney General. This is but one of a thousand inconveniences we suffer by the want of two such officers. I find no inventory of what pirates' goods were seized and sent by Col. Blakiston and Col. Quary, unless they be made up with the said treasure, which I have neither seen nor handled. [See April 15, 16.] Endorsed, Recd. July 2, Read July 4, 1700. Holograph. 7 pp. Enclosed,
466. i. Abstract of preceding. 2½ pp.
466. ii. Robert Livingston to Lord Bellomont. Albany, May 3, 1700. I have been at the Onnondages' Castle. The Indians are much dejected and in a staggering condition, though they are so proud and will not own it, they are daily made so uneasy by the French that I despair of a good issue, if something be not speedily done to retrieve them. Presents will not do alone. Something must be done to ease their minds from that fear they have of the French. Copy. 1½ pp. Endorsed, Recd. July 2, Read July 4, 1700.
466. iii. Observations of Robt. Livingston, Secretary for the Indian Affairs, in his voyage to the Onnondage in April, 1700. The Maqua's Nation are grown weak by the late war, but more since the peace by the French daily drawing them from us to Canada, so that near two-thirds of the Nation are now actually in Canada, who are kindly received, clothed from head to foot, secured in a fort guarded with soldiers, and have priests to attend them. The causes of our Indians' desertion are (1) Fear, seeing the French so formidable as to destroy their castles and we not able to protect them. (2) Our neglect of sending ministers among them. The Maquas ought to retire to a tract of land nearer to us, have a stockadoed fort to protect them, and a minister to instruct them. And since they are a proud people and not easily persuaded to leave their own land and plant upon others, it would not be amiss if the King purchased the land of the owners, and then granted it to the Nation in general, that so they might not be upbraided. It would then be no difficult matter in time to persuade the Oneydes and Onnondages to move nearer us upon our river, somewhat above the Maqua's, where there is a fertile soil, and out of the road to be attacked by the French with canoes. In the meantime, the Onnondages, who must leave their Castle speedily, the firewood that was near being consumed, should be induced to come 12 miles nearer Oneyde. The Onnondages generally are very inclinable to have a minister, who might live very well, as also at the Oneydes, Cayouges and Sinnakes, having two or three servants to plant and hunt. The Indians will give them provisions gratis. But it will be convenient for them to have some toys to retaliate the same, tho' the Jesuits at Canada are so cunning to have their share of whatever an Indian hunts, which is laid before the image of the Virgin Mary, and then they have remission of their sins and her prayers for good luck when they go a hunting next time. 'Tis strange to think what authority these priests have over their Indian proselytes; they carry a chain in their pocket and correct the Indians upon the commission of any fault, which they bear very patiently. If ministers were once settled among them it would not only be a pious work, but would keep those whom we have firm to us, draw the rest home that are gone to Canada and prevent that diabolical practice which they have got of late in poisoning one another, by which means most of those that were true to the English interest are dispatched out of the way.
It is morally impossible to secure the Five Nations to the English interest any longer without building forts and securing the passes that lead to their Castles. But withal I think it not proper to build a fort at Onnondage, because of the difficulty of carrying provisions there, and because there will be no retreat by water, and because it can only secure that Castle and then the other Nations will expect the same. A garrison to secure the Five Nations (without which they are inevitably lost) should be on the Onnondage River about eight or ten miles from the Oneyde Lake, at a point where the river that goes to Onnondage, Cayauge and Sinnekes, comes into the Onnondage River. The point being fortified secures all the Nations from the French at once. Canoes could go to the very fort walls, with only two carrying places, from Albany. This River of Onnondage comes from the Oneyde Lake and runs into Cadaracqui Lake, and hath plenty of salmon etc., and salt-springs for salt, and a good fertile soil for corn. The French must come up this river from Cadaracqui, and the river below where this fort is to be built is very rapid (so) that all canoes must be dragged up with great labour. This post will be the key of all our Indians, and they will resort thither for its defence by land and water.
We shall never be able to rancounter the French except we have a nursery of Bush-Lopers as well as they. These could be obtained by procuring a peace between the Five Nations and the Dowaganhaas, Twichtwichs and other far Nations of Indians, whom the Governor of Canada stirs up to destroy them, not only because the Five Nations have been mortal enemies to the French, but because they hinder his trade with the said far Nations, trucking with them themselves and bringing the beavers hither. The best way to effect this is to build a fort at Wawyachtenok, called by the French de Troett, the most pleasant and plentiful inland place in America by all relation; where there is arable land for thousands, the only place of bever-hunting, for which our Indians have fought so long and at last forced the natives to fly. Here you have millions of elks, bears, deer, swans, geese, etc. The fort, with a garrison of 60 men, to be between Sweege Lake and Ottowawa Lake. Hither all the far Nations will come and trade, to wit, the Twichtwichs, Kichtages, Wawyachtenoks and Showonocs. This would not only raise a vast trade, but would raise a great many bushlopers. It's true the French trade and have small huts which they call forts at some of these Indian habitations, where they have priests, but how they came to be the Proprietors of them no man can tell. The Indians would rather trade with our people than the French, if this way were once opened. The fort at the Onnondage River should be garrisoned with 100 youths, who daily being employed with canoes to carry provisions will at last be expert, and being relieved by the garrison of York and Albany, all our soldiers will be bushlopers in time. Our men should have passes to go a-hunting and trading towards Corlaer's Lake and the Eastward, as well as the French, who trade all the Beaver and Peltry from our River Indians and decoy them to Canada, lying on every creek upon the lake with brandy and other goods, by which means they spoil us of all that trade. But it would not be advisable that they be permitted to go and trade with the Five Nations. There they lead a lazy life and sell their goods dearer than the French do at Cadaracqui. The King's Arms should be sent to all the Nations and put up on each Castle, and if your Lordship thought fit that some of their chief Sachems had a badge or the King's Arms cut in silver to hang about their necks upon solemn days, I presume it would be acceptable. There should be a magazin of birch canoes, batoes, cloathing, provisions and ammunition on all occasions, and a small fort at each carrying place to secure the canoes.
The greatest oversight that ever could have been committed, was the neglect of demolishing Cadaracqui when the French deserted it in the late war; which could easily be done, for it's far more easy to go from Albany with canoes to Cadaracqui than to go from Mont Royal to Cadaracqui, where the French army have gone up so often, that river being one of the worst for falls, rapids and shallows in the world. The fort of Cadaracqui is built where our Indians must pass, when they come from hunting; there they are nab'd, the best they have must go, being enticed by strong drink and other necessaries. The charge of all that I propose would not be so great as that the French are at, and yet they find a benefit by it. There would have to be a greater care had to supply these forts than there has been for the garrisons of Albany and York these three years past, else it would be better never to attempt it. The Indians at Onnondage seem to be surprised that the French have fortified Mont Royal and Quebeck so well since the Peace, and that our fortifications are so much out of repair. I do find these Indians the same I always took them to be, a subtle, designing people, and that there is nothing has the ascendant over them but fear and interest. The French they fear, having felt the smart of their blows often. Us they love because of the good that [they] daily receive from us. They own there is a God and a Devil. God is a good man, they say, and lives above; Him they love because He never does them any harm; the Devil they fear and are forced to bribe by offerings. I take it that they compare the French to the latter and the English to the former.
It would conduce much if there were a fort at Skachkoke and a minister seated there, which would settle those Indians and draw many of the Eastern Indians to them, who are no friends to the English; by which means an eye may be had over them. Some people should be encouraged to go and plow their land, they allowing something for it. For these Indians, how contemptible soever they seem to be, have done signal services for this Government in the late war, which makes me think the French, who are a vigilant, subtle people, will push hard to gain them to their side. Copy. 9 pp. Same endorsement.
466. iv. Peter schuÿler, Robt. Livingston and Hend. Hansen to Lord Bellomont. Albany, May 3, 1700. We arrived last night from Onnondage. We understand from those Indians that the French use all indirect means to vex and terrify them, to bring them over to their side, and have been more active since the Peace than ever. The only way to secure them is to build a fort, and establish ministers among them. Our going thither has much satisfied them, and we hope we have got some of those that were Frenchified to our side. We are confident they are wholly ignorant of any ill design the Eastern Indians have upon the English. Copy. 1 p. Same endorsement.
466. v. Same to same. Albany, May 11, 1700. Weather hindering sloops from sailing, we are sending an express by land with the account of our negotiations with the Indians, etc. The French keep the Five Nations in a continual fear and the far Nations are destroying them. We hope your Lordship's arrival will dissipate these clouds. Copy. 1 p. Same endorsement.
466. vi. Copy of an account of the negotiations of the three messengers, Col. P. Schuÿler, Robt. Livingston and Hend. Hanse, with the Maquas, Oneydes and Onnondages, Ap.9–May 2, 1700. On April 14 we found the two principal Sachems of the Maquas, Onnucheranorum and Sinnonquirese, who told us that when the French had any ill design they never used to acquaint them with it, but the other four Nations, the Oneydes, Onnondages, Cayouges and Sinnekes, for they look upon the Mohawks or Maquas as inseparable from Corlaer (that is, Lord Bellomont). They had heard that the French had insinuated to the other Nations that the Governor of Canada had overcome Lord Bellomont in the business of the bounds of the two Governments, as well as subdued them with the sword, for that their land belonged to the French, and the Governor of Canada would speedily make five forts and garrison them, and put soldiers in all convenient places and passes between Canada and the said forts, as testimony that he was master of their land. The French of Canada say that the English design to destroy the Five Nations by depriving them of arms and ammunition, and the French Governor says that Corlaer (Bellomont) should say, "If the Five Nations had bows and arrows, it was enough for them." The Agents replied that Lord Bellomont was not a stranger to the false reports of the French. The Maqua's Sachems said:—We believe none of the French lies, and regard not their flatteries and brags, tho' the French Governor upbraids us, saying, "If your Governor loved you as I do, he would cloathe you as I do." The Agents replied that Lord Bellomont had given a greater present to the Five Nations, when he saw them last at Albany than ever any Governor of Canada had done. He would meet them on Aug. 10 and give them cloathes, guns and ammunition. He is in daily expectation of orders to build a fort at the Onnondages' Castle, and to settle some Protestant ministers among them. The French design to build five forts would not be suffered. They presented them with a belt of Wampum in Corlaer's name. The Sachems said they would be glad to see some ministers come to instruct them, and would both turn Christians themselves and would give a large tract of land for a minister's maintenance, and admired that the English cannot as well send a minister to them as the French do so many Jesuits.
April 25. At the fishing-place of Onnondage called Kachnawaacharege, Aqueendera welcomed the three Agents, and informed them that a Frenchman, Diondori, whom they had held prisoner during the war and who was now an officer at Cadaracqui, had told Dekanissore that Corlaer would poison and destroy the Five Nations; the King of England was determined to make away with them, and one of the means would be the prohibiting the sale of powder to them. He told Dekanissore not to tell Aqueendera. He told it to a friend of his called Kenaachkoone, who told Aqueendera, who, with the other Sachems, disapproved of what Dekanissore had done. Aqueendera believed that Dekanissore and Onnagogga gave credit to this story. Last year the two belts of Wampum were sent by two Sinneke Sachems to the Governor of Canada, suing for peace on behalf of the Cayouges and Sinnekes, which they, the Onnondages, would have hindered had they known it. He returned two belts of Wampum to the Cayouges and Sinnekes, but the Cayouges declare they know nothing of this message, and it was found to be only two Sinneke Sachems, without the privity of the rest, who had sent the belts to Canada. The Frenchman, Diondori, told one of the Onnondages that the Governor of New York would poison the Five Nations at Albany and would with-hold guns and powder from them. The cloathing they would be given at Albany would be rotten. Corlaer would fall upon them with an army in the winter, as directed by the King of England. He therefore advised them to come and live on the other side of Cadaracqui Lake. The Jesuits of Canada threaten hard to come and live in our Castles, in each Castle a Jesuit. Father Millett at Oneyde, Father Bruyas at Onnondage, and others among the Cayouges and Sinnekes, which causes us continual disturbance. When Father Bruyas was sent from Canada last summer to my Lord Bellomont, some of our people happened to be at Canada, to whom he said, "I am going to the Governor of New York to see why he hinders us to come among the Five Nations. If he hinders us, we will fight him, for he is but a child in understanding; he knows nothing, he is but lately come into the country, and I have been long among you. I will discourse him why he always sends for you to speak with you at Albany; why the general place of treaty is not to be kept at Onnondage according to the ancient custom." The Agents replied that it was a shame for such as pretend to be instructers of heathens to give so bad an example. To shew what ill men these Jesuits are, Father Bruyas never durst so much as mention any such thing to Lord Bellomont, but spoke so much in his praise that tongue could not sufficiently express it.
When we approached the Castle of Onnondage, the Sachems welcomed us with a present of Wampum, and then, according to their custom, hung over a great kettle of hasty pudding made of parched Indian meal and sent it us. April 27. We examined Kanaachkoone, who confirmed the former account of the French suggestions. We announced to the assembled Sachems of Onnondage the Earl of Bellomont's message, that the French reports were false, and that he intended to meet the chief Sachems of all the Five Nations at Albany on Aug. 10, and give them presents. We added that their great brother Corlaer would take it amiss that they had not acquainted him with all these stories of the French; that their keeping correspondence with the French by trading at Cadaracqui was the source of all their uneasiness; and that we had great cause to suspect the French had a hand in seducing them to poison one another. We advised them to make their dwellings compact together and not straggling. The Sachems replied by Aradgi, their Speaker, thanking Corlaer and promising to attend at Albany. 15 pp. Endorsed, Recd. July 2, Read July 10, 1700.
466. vii. Examination of Abraham and David Schuÿler and Robt. Livingston, jun., taken by Col. Schuÿler and Robt. Livingston. Albany, May 9, 1700. Lately returned from Canada, they reported that the Governor was very earnest to know if Lord Bellomont was gone for England. The soldiers were hard at work getting the fortifications about Mont Royal finished. All the small forts between Mont Royal and Quebeck were being repaired with speed. No Christian or Indian was suffered to go into any of their forts. Great preparations were being made repairing their batoes and canoes. They expect the Five Nations to come and make peace with them, else will fight them. All the bushlopers are sent for up from Ottowawa. There are great animosities between the Governor and people there. The merchants design to break the Company, profering 50,000 livres more than the Company for the Customs, and petition their King for a free trade with this Government. There is a great Indian trade at Canada, many of the Pennikook Indians they see there, and on the lake, going thither with their peltry. The French of all sorts were very inquisitive about news of the limits and bounds of the Governments, since it is discoursed here that King William doth insist to have the south side of Mont Royal River. They were very busy in getting large masts for their King; an Englishman is their engineer. Copy. 1½ pp. Same endorsement.
466. viii. Account of disbursements by Robt. Livingston on his voyage to Onnondage. Copy. 3 pp. Same endorsement.
466. ix. Account of disbursements by Hend. Hansen on his voyage to Onnondage. Copy. ¾ p. Same endorsement.
466. x. L.G. of New York to Governor the Earl of Bellomont. March 25, 1700. Col. Schuÿler, Albany, March 15, says all our Indians are well and out a-hunting, two or three families of the Maquass's excepted, who are, as he understands, settled in Canada. He thinks the rumour of the design by our Indians was spread by some disaffected person, or their own Indians. The French are refortifying Montreal, and make their jest of our simple fortifications of Albany. Capt. Weems' letter to me, March 14, says the fortifications there are all gone to ruin and decay; the great guns are falling through the bastions, and many of the stockadoes so rotten that a man may pass in and out betwixt them. The poor soldiers are reduced to being near naked, without shirt, breeches, shoe or stocking. I hope in God by the next post your Lordship will have some news of money for us, and that, should you receive an order for the 2,000l., you will sent it me, for I am in miserable want. Copy. 1¼ pp. Some endorsement.
466. xi. Examination of Nicholas Churchill, of Lower Lichet, near Pool, in Dorsetshire, who sailed with Capt. Kidd on the Adventure galley from the Island of Johanna to the Island of St. Maries, and thence took passage on the Nassau, Giles Shelley, for America. Boston, May 28. 1¾ pp.
Examination of James How, who sailed from New York with Capt. Kidd, Sept., 1696. They took without fight one of the French Company's ships in the India Seas, and another commanded by Capt. Wright, an Englishman, the Rambo Merchant, carried them to Madagascar, and divided their lading. Examinant took passage for New York in the Nassau. There was lying at St. Maries a great ship called the Resolution, most of her company having forsaken her. Robert Culliver, who was one of these, came on board the Adventure galley and was very intimate with Kidd. Examinant shipped upon the Nassau 200 pieces of Christian gold for one Dickenson of Wethersfield, Connecticut Colony, which was left to him by his son Obediah Dickenson, who died at Madagascar.
Examination of Robert Bradenham, who came chyrurgeon of the Adventure galley from England to New York, and thence on her whole voyage. The money seized with him he got by his practice.
Examination of James Brown, who sailed from Rhode Island, 1695, on the Susanna, Thomas Wake, Commander, as a privateer with a Commission from the Governor or Deputy Governor. The company were all upon shares. In the seas of India they met with the Phancy, Henry Every, Commander, who plundered the Susanna. Examinant being weary of being abroad in those parts, with one Capt. Smithsend and Thomas Hollingworth, embarked on the Phancy, which was then designed for Providence, where he left her and took passage for Connecticut. He saw no action and got no plunder on either ship, except some money he won at play off Every's crew.
Examination of John Eldridge, of Lynn in Norfolk, who joined Capt. Hoar's privateer at Jamaica, sailing to the Island of St. Maryes where Hoar and most of his company died. Thence they went to Port Dolphin, Madagascar, where the ship stranded. Examinant nearly two years later took passage in the Nassau. The money and goods seized with him he procured by trade with the people of Madagascar. They only took one French ship in their passage betwixt Jamaica and Road Island.
Examination of Robert Hickman of Bromham, Wilts., who sailed, 1694, from Rhoad Island on the Pearl, Edward Barber, master. All the crew save four died and the ship stranded at St. Augustin, Madagascar. After 12 months, examinant and the three survivors purchased 25 slaves and transported themselves in a canoe to Surrash at the northermost end of Madagascar, inhabited only by natives. After 12 more months they went in a canoe to St. Marys, where all his companions died except one. Twelve months later he took passage in the Nassau. He voluntarily rendered himself to Governor Bass, who took security of him in 800l.; but after Col. Hamilton's arrival in the Government, he ordered examinant to be imprisoned.
Examination of Turlagh Sulivan, of Pensylvania, who sailed in 1694 on the Dolphin, Richard Want, Commander, who declared he had a Commission from Gov. Jones of Providence against the French. The ship sprang a leak and Capt. Every took them on board and landed them at Providence. Every took no prize after he came on board, but some of the crew gave him 200l. as a reward for services he did for them.
Examination of David Evans of Lampeter, Wales, who about 2½ years since sailed from Bristol for Maryland, and soon after his arrival at Philadelphia was committed to prison as one of Every's crew. In July, 1697, he was tried and acquitted at the Old Baily for being one of Every's crew.
Examination of Derby Mullings, Planter, born near Londonderry, and for many years a servant at Jamaica. He joined Capt. Kidd at New York upon shares, he having, as he said, a commission to suppress pirates. He fell sick at Madagascar, and Kidd allowed him to remain there. No prize was taken in the five months he was with Kidd. He earned 200 pieces of eight by his service done for the negroes at Madagascar, and after two years took a passage on the Nassau for New York. Copy. 13 pp. Endorsed, Recd. July 2, 1700.
466. xii. Minute of Council of New York, May 15, 1700. The L.G. made oath that all the pirates' treasure he had received was now in the Council Room, except 69l. 10s. 5½d. paid to Mr. Sharpas for expenses. ½ p. Same endorsement.
466. xiii. Capt. Sammon Morrice's bill of lading for the pirates' goods shipped at New York upon H.M.S. Newport. May 15, 1700. Copy. ½ p. Same endorsement.
466. xiv. Inventory of pirates' goods delivered by Thomas Clarke to the L.G. of New York. April 19, 1700. Copy. 1 p. Same endorsement.
466. xv. Col. Markham's account of the treasure he seized belonging to Robert Bradenham. Sworn, Philadelphia, April 8, 1700. Copy. 2 pp. Same endorsement.
466. xvi. Account of expenses in seizing and transporting pirates in Pennsylvania, the Jerseys, etc. 69l. 10s. 5½d. Signed, John Nanfan. Copy. 1 p. Same endorsement.
466. xvii. Inventory of pirates' treasure delivered to Rear Admiral Benbow. Taken by Jer. Dummers and Andr. Belcher. Boston, May 30, 1700. Receipt for the same signed by Capt. Wm. Scaley, Commander of H.M.S. Glocester, now lying in Nantasket Road, Massachusetts Bay. Boston, June 1, 1700. Copy. 3½ pp. Same endorsement.
466. xviii. Account of the incident charges for the pirates coming from New York by H.M.S. Newport and put aboard H.M.S. Glocester. 12l. 6s. Boston, June 1, 1700. Copy. ¾ p. Same endorsement.
466. xix. Affidavit of William Markham, late L.G. of Pensylvania, that Peter Clauson and John Matthias, two of Every's crew, declared on their examination before him that James Brown was only a passenger on Every's ship. May 17, 1700. Copy. ½ p. Same endorsement.
466. xx. Gov. the Earl of Bellomont to the Lords of the Treasury. Boston, May 31, 1700. I sent you all the papers and evidences that related to Capt. Kidd's effects, etc., in the Advice frigate. I now send you inventories of pirates' treasure received from the Governors of Maryland and Pennsylvania, Col. Quary and the L.G. of New York. The nine pirates I desired Rear Admirall Benbow to deliver to my Lord Jersey, and their effects to Mr. Secretary Vernon. Signed, Bellomont. Endorsed, Recd. July 2, Read July 10, 1700. Copy. 1 p.
466. xxi. Lord Bellomont to the Lords of the Admiralty. Boston, May 28, 1700. I perceive that Capt. Morris' fault in not bringing the pirates from New York proceeded more from the L.G.'s omission to give him written orders than from his own refusal. I find his behaviour all the while he was at New York was very sober and discreet, and I humbly desire you will continue him in your favour. If your Lordships will please to appoint a fifth-rate frigate for New York instead of a sixth-rate, I humbly request that Capt. Lechmere, Commander of the Lynn, may be sent to relieve Capt. Morris, when you order another ship hither. Capt. Lechmere is my near neighbour in Worcestershire and acquaintance, and therefore will be much more grateful to me than a stranger. He is now here with Rear-Admirall Benbow, who gives him a good character. The pirate ship that robbed near the Capes of Virginia lately, was gone before Capt. Crow with the Arundell could come up with her. Capt. Crow is not yet returned from cruising. Signed, Bellomont. Same endorsement. Copy. 1 p.
466. xxii. Memorandum of copy of Lord Bellomont's speech to the Assembly of Massachusetts Bay, May 29, 1700. ¼ p. Same endorsement.
466. xxiii. Lord Bellomont to the Commissioners of Customs. Boston, May 28, 1700. I have of late been very much troubled by Mr. Hungerford's and Mr. Parmiter's criminating one another in their letters to me. They revile each other in scurrilous terms, and I doubt not with too much truth. There has been a trial between Mr. Hungerford and Mr. Lott, High Sheriff of King's County, New York, about the preference to an information against a parcel of goods: a verdict was given the last Superior Court at New York in favour of Lott, which Hungerford in contempt thereof and of an order of the Court has refused to submit to. In short, his behaviour has been so very scandalous in the share he had in the Collector's place with Col. Cortland, that I have been forced to turn him out, tho' my near relation. The clamour was so great at my keeping him in, that I am forced at last to yield to the importunity of my L.G. and Chief Justice and several others. As for Parmiter, whom I made Naval Officer because I had nobody else to put into that post, and because Mr. Clement assured me he was a very honest, religious man, I find he is a most corrupt, ill man, and was tried for his life at Bristol for a most notorious forgery a few years ago, with one Lynch, who was hanged. I would turn him out from the Naval Officer's place, but that I have nobody to dispose of it to. I wish you would please to send over a discreet, honest man to be Comptroller of the Customs at New York, and I would make him Naval Officer, as I formerly proposed to you. Mr. Eastwick, the Naval Officer of New Hampshire, being dead, I have appointed Mr. Robert Armstrong to succeed him, who is well recommended to me from England, the persons bound for him are substantial merchants of this place. I wish you would command Mr. Brenton and Mr. Weaver, Collectors of this Province and New York, to their respective posts; their absence so long is insufferable. Mr. Brenton was formerly absent three years together, as I am told, and this time almost two years; the trade here and at New York is carried on at a very loose rate, and therefore the Collectors ought not to stir from their duty. Signed, Bellomont. Same endorsement. Copy. 1¾ pp.
466. xxiv. Copy of the case of Engelbert Lott, High Sheriff of King's County, and Ducie Hungerford. The High Sheriff, under the L.G.'s warrant, did on June 13, 1699, seize some pirates' goods, landed by Giles Shelley, at New Utreyt within his bailiwick. Hungerford thereupon forcibly seized these goods in the Sheriff's house and carried them away to H.M. Custom House at New York. The Court decided that the High Sheriff had the right of information as the first informer and seizer of the goods. Hungerford carried the case before the Supreme Court, and in the meantime, contrary to an Order of Council, takes some elephants' teeth, part of the goods so seized, out of the Custom House and sells them to Messrs Wenham and Delancey, supposed owners of the goods. 5 pp.
466. xxv. Copy of Bond in 1,000l. for Robert Armstrong, if appointed Naval Officer of New Hampshire. Signed, Robert Armstrong, Fra. Foxcroft, Nicholas Roberts, merchants of Boston. April 15, 1700. 1 p.
466. xxvi. Extract of letter from Ducie Hungerford to Lord Bellomont. March 18, '99. I can prove very plain that Mr. Parmyter has been bribed. He was condemned to be hung for forgery at Bristol. Copy. 1 p.
466. xxvii. Deposition of Richard ffeilding, mariner, of Bristol, and Francis Pope, late of Bristol, now of Rhode Island, merchant. Boston, April 29, 1700. Paroculus Parmiter, attorney at law at Bristol, was condemned to death at Bristol for forging documents and thereby cheating a widow woman out of 300l. Copy. 1¾ pp.
466. xxviii. Extract of a letter from Mr. Parmiter to Lord Bellomont. Feb. 20, 1699. Mr. Hungerford privately married Mrs. Bond by a Justice of Peace upon Long Island without licence; Lawrence, the great concealer of pirates' goods on that island, being the father that gave her. From this Lawrence he seized about 40l. worth of pirates' goods, and agreed with James Emot and Lawrence to share it, but before the division privately took away one-third thereof, etc. There have been this summer above 37 vessells of good burthen entered and cleared in this port more than in the last, but I much question whether your Lordship will find so considerable advance in the Customs. Copy. 1¼ pp.
466. xxix. Mr. Parmiter's account of the goods embezzled by Mr. Hungerford after seizing the same on Long Island, July 1699, and of other goods stolen by him out of the Custom House, Oct. 10, 1699; also of goods he took out of the Custom House when he broke into it at the back window, climbing up a pole about one o'clock at night. Copy. 1 p.
466. xxx. Memorandum of Minutes of Council of New York, Jan. 4–March 23, 1699/1700. ½ p.
466. xxxi. Deposition of William Markham that Peter Clauson and John Matthias, two of Every's crew, swore that James Brown came on board Every's ship only for a passage, and that after his coming they did not fight any ship. May 17, 1700. Copy. ½ p. [Board of Trade. New York, 10. Nos. 1., 1.i.–xxx.; and (without enclosures), 54. pp. 262–279; and (abstract only, with comments), 45. pp. 80–82; and (xxxi. only), Proprieties, 5. No. 67.; and (Copy of Bellomont's Letter much rotten; Memoranda of Nos. xi.–xxi.; duplicates of Nos. xvi., xvii., xviii.; four printed copies of xxii. 2 pp. each.), Board of Trade. New England, 10. Nos. 41, 41.i.–xix; and 38. pp. 82–84; and (duplicates of ii.–x.), America and West Indies. New York, 580. Nos. 1–9; and (duplicates of ii–x. and xii.–xiv.), Nos. 10–21.]
May 25. 467. Solicitor General to the Council of Trade and Plantations. I have perused the laws passed in a General Assembly of Nevis, March 25, 1699, all which are agreeable to law and justice, and do not contain anything prejudicial to H.M. Royal Prerogative. But I humbly crave leave to represent that the form of the condition of the bond to be entered into by masters of vessels in pursuance to the Act to oblige masters to give securities, etc., is not inserted, although mentioned in the body of the Act, which I conceive makes it very uncertain. If His Majesty be pleased to confirm the Acts of March 25, I see no objection against the confirmation of the Act of August 8, 1699, to revive and continue divers Acts of the Island. Signed, Jo. Hawles. Endorsed, Recd. 28th May, Read 11th Sept., 1700. 1½ pp. [Board of Trade. Leeward Islands, 6. No. 65; and 46. pp. 80, 81.]
May 25. 468. Solicitor General to the Council of Trade and Plantations. I have perused the laws passed in a General Assembly of Nevis, Feb. 2, 1698/9. and conceive they are agreeable to law and justice and do not contain anything prejudicial to H.M. Royal Prerogative. But by the Act, Jan. 19, 1698/9, to confirm all estates in Nevis upon the owners and possessors, I think there ought to have been time allowed to those that were not in the Island at the time it was passed, or who were non compos mentis, fem(m)e (s) co(u)vert(e)s or infants after their disability removed, to put in their claims as is usual in Acts of this nature here in England. Signed, Jo. Hawles. Endorsed, Recd. 28th May, Read 10th Sept., 1700. 1 p. [Board of Trade. Leeward Islands, 6. No. 66; and 46. pp. 78, 79.]
May 25. 469. Solicitor General to the Council of Trade and Plantations. I conceive the Act of Antigua, Jan. 28, 1699, is agreeable to law and justice and not prejudicial to H.M. Royal Prerogative. Signed, Jo. Hawles. Endorsed, Recd. May 28th, Read Sept. 6th, 1700. ¾ p. [Board of Trade. Leeward Islands, 6. No. 67; and 46. p. 76.]
May 25. 470. Solicitor General to the Council of Trade and Plantations. I have perused the Acts for regulating the Register's office, raising 1,100,000lb. of sugar, regulating the Militia, and appointing an Agent, etc., passed in a General Assembly of Antigua, 1698, and conceive that they are agreeable to law and justice, and do not contain anything prejudicial to H.M. Royal Prerogative. As to the Act for promoting the importation of servants, Nov. 3, 1698, Mr. Attorney General and myself reported upon a similar Act from Mountserratt, 1696, that we were doubtful how far it might encourage kidnapping or stealing white servants, but I am informed by Mr. Cary, who then appeared as Agent for Mountserratt, and now appears as Agent for Antegua, that that objection did not weigh anything with your Lordships. As to the Act for restraining and punishing privateers and pirates, Nov. 3, 1698, I humbly certify that by an Act made in England last session, all piracies, etc., committed where the Admiral hath jurisdiction are to be tried at sea or upon the land in any of H.M. Islands, Plantations, Colonies, etc., appointed for that purpose by Commission under the Great Seal of England or Seal of the Admiralty directed to such Commissioners as His Majesty shall think fit, and the Act now proposed gives power to the Governor or Commander in Chief of that Island by a Commission under the Great Seal of that Island to appoint Commissioners to try all such piracies, etc., in that Island, which is inconsistent with the said Act of Parliament. Therefore I think it ought not to be confirmed. As to the Act for establishing Courts, etc., Dec. 22, 1698, the design in the main I think is very reasonable. But whether it be fit to vest a power in the Governor for constituting the Chief Justices for the Courts mentioned in the said Act, is humbly submitted to your Lordships, though Mr. Cary affirms the Governors of that Island have always appointed both Chief Justices and Justices of all Courts there. Signed, Jo. Hawles. Endorsed, Recd. May 28th, Read Sept. 3rd, 1700. 2¼ pp. [Board of Trade. Leeward Islands, 6. No. 69; and 46. pp. 72–75.]
May 25. 471. Solicitor General to the Council of Trade and Plantations. I have perused the Acts of Antego, passed in the General Assemblies there, 1697. The Acts regulating fees, ascertaining bounds, raising an impost on imported liquors, for the better Government of Slaves and naturalising David Sweigle and Martin Fret, I conceive to be agreeable to law and justice and do not contain anything prejudicial to H.M. Royal Prerogative. But the Act, Jan. 29, 1697, appointing the number of Assembly, and the manner of their election, in effect appointing an Assembly to be held once a year and the Assembly having in some sort the legislative power, I submit whether it be fit to take the power from the Governor to call the Assembly seldomer than once a year if he thinks fit. The Acts for establishing Courts and annexing negroes to the freehold, etc., Dec. 17, 1697, are by another Act, of Dec. 22, 1698, repealed, and therefore not proper to be confirmed by His Majesty. I have likewise considered the Act, Nov. 25, 1697, enabling Cornelius Hallaran, and Nathaniel Crump to sell land belonging to John Brunkhurst, decd., for the payment of his debts, and conceive that it is reasonable and am informed that it was passed by consent of the parties. Signed, Jo. Hawles. Endorsed, Recd. 28th May, Read 29th Aug., 1700. 2 pp. [Board of Trade. Leeward Islands, 6. No. 68; and 46. pp. 69–72.]
May 25. 472. Solicitor General to the Council of Trade and Plantations. I have perused the Acts passed in the General Assemblies held in Antigua, 1696, 1697 (enumerated), and conceive that they are all agreeable to law and justice and do not contain anything prejudicial to H.M. Royal Prerogative. Signed, Jo. Hawles. Endorsed, Recd. 28th May, Read 8th Aug., 1700. 2 pp. [Board of Trade. Leeward Islands, 6. No. 70; and 46. pp. 65–68.]
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