America and West Indies
September 1698, 6-10

Sponsor

Institute of Historical Research

Publication

Author

J. W. Fortescue (editor)

Year published

1905

Pages

413-420

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: September 1698, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 16: 1697-1698 (1905), pp. 413-420. URL: http://www.british-history.ac.uk/report.aspx?compid=70974 Date accessed: 31 October 2014.


Highlight

(Min 3 characters)

Contents

September 1698

Sept. 6.Order for precepts to be issued for calling an Assembly to meet on 31 October. [Board of Trade. Bermuda, 39. pp. 2–3.]
Sept. 5.793. Journal of Council of Trade and Plantations. Order in Council of 25th ult. approving the instructions for Governor Nicholson for Virginia received.
Draft representation upon Colonel Blakiston's instructions agreed on.
Sept. 6.The representation of yesterday, and another accompanying instructions as to the trade of New York and other of the American Colonies, were signed.
Deposition of Samuel Perkins of 25th ult. as to the pirates in the East Indies read and a copy taken (No. 771).
Draft representation upon some of Edward Walrond's papers considered.
Sept. 7.Mr. Yard's letter of 6th inst. as to the instructions prepared for the Commissioners of the expedition against pirates read (No. 797), also another letter from him of this day (No. 804). Draft instructions thereupon considered and agreed on.
Sept. 8.Representation to accompany the instructions of yesterday signed, also a representation upon Mr. Walrond's papers.
Mr. Lowndes's letter of yesterday as to Mr. Blair's salary read (No. 805). Order for an instruction to the Governor of Virginia and a representation to accompany it, to be prepared accordingly.
Sept. 9.The representation as to Mr. Blair's salary approved.
The Secretary reported the arrival of several packets. Lord Bellomont's papers concerning New York considered. [Board of Trade. Journal, 11. pp. 199–205.]
Sept. 6.794. Abstract of several depositions, taken before Sir Charles Hedges, as to the ship Frederick, belonging to Frederick Phillips [Flypse] of New York. Deposition of Humphrey Perkins, master of the ship Frederick. In October last I was made master of the ship aforesaid by Frederick Phillips [Flypse], a considerable merchant of New York, with orders to carry a cargo of rum, wine, salt, sugar, molasses, and four negroes to Virginia. We sailed on the 17th of December, were driven into Delaware Bay by loss of spars, were frozen up there till March and entered the Potomac about 22 March. There I was advised to return to New York, as a new Act had been passed requiring all ships to be registered there. I returned accordingly, was registered, and prepared to sail again. About the 11th of April Adolphus Phillips, the owner's son, and Thomas Gleaves, master of another ship belonging to Phillips, came on board me in the river beyond New York, and said that he was going with him, no matter whither, that they must look out for a ship, and that the first man who saw her should have a piece-of-eight. We met with the said ship, when Adolphus Phillips ordered me on board her with my sloop. In answer to questions they said that they were come from Madagascar, and last from St. Helena. We took out of her ninety-two bales, which I took to be calicoes, and fifteen dry casks, and put them on board the Frederick. The owners then went on board the said ship, which had now but seventy negroes in her, and returned in her to New York, while I sailed the Frederick to Delaware Bay and arrived there on the 29th April. There Adolphus Phillips met us, and we were ordered not to go in for fourteen or fifteen days, but Thomas Gleaves was master of the Frederick from the time when we met the other ships. In Delaware Bay, the wine, sugar, etc., were unloaded by Adolphus Phillips, also some of the bales, the ship then lying about nine leagues within Cape Henlopen. When we took the bales from the other ship we were above three leagues from the shore, and six or seven leagues south of Sandy Hook. While we lay in Delaware Bay, I signed bills of lading for the goods remaining on board to Augustus Jay in Hamburg. I also received instructions to sail to Hamburg, where I delivered the cargo to Augustus Jay on the 27th of June; but I have not seen Jay since the 30th. Jay is a merchant, who lives with his family in New York. Here follow copies of the ship's certificate, and instructions to sail to Hamburg, deliver the cargo, go thence to Amsterdam, ship such goods there as the Agent shall appoint, and proceed thence to the Isle of Wight and thence to New York. All ships at sea are to be avoided, and none spoken with on any account whatever.
Depositions of Jonathan Sampson, mariner, and others of the crew. Confirming the account of the trans-shipment of the Madagascar goods into the Frederick, of her subsequent voyage to Hamburg; and of the delivery of the said goods to Augustus Jay at Hamburg. The whole, 28 pp. Endorsed, Recd. 12th, Read 23rd Sept., 1698. [Board of Trade. New York, 7. No. 92; and (an abstract only), 52. pp. 393–395.]
Sept. 6.795. Memorandum of the receipt of these depositions. 12 Sept., 1698. ¼ p. [Board of Trade. Plantations General, 4. No. 133.]
Sept. 6.
Philadelphia.
796. Robert Quarry to Council of Trade and Plantations. I am obliged again to report to you a high contempt of the Royal authority. In my last I told you that I was going to Maryland to consult with Governor Nicholson and to obtain a commission for Mr. John Moore as Advocate of the Admiralty Court. I had not travelled above forty miles on my way when an express reached me from Philadelphia that all the seized goods in the custody of the Marshal had been forcibly carried away by warrant of Anthony Morris, a justice of the peace. I thought at first that he had acted from ignorance, but when Governor Markham refused my application that the goods should be restored, I found that it was the act of the whole Government; so now they have thrown off the vizard and openly affront the King's authority. When they found that all their threats could not frighten me from my duty and that therefore their beloved profitable darling, illegal trade, must be ruined, they resorted, having no other game to play, to open disobedience and contempt, trusting that with Mr. Penn's interest at Court they can do anything. This extravagance is no surprise to me. I must remind you that I accepted my commission unwillingly, knowing them to be a perverse, obstinate and turbulent people who will submit to no laws but their own, and have a notion that no Acts of Parliament are of force among them except such as particularly mention them. They have so long encouraged illegal trade by exporting tobacco to Scotland and importing European goods from Curaçoa, gaining great advantage thereby, that they will not part with it. No doubt you have received several copies of their late Act of Assembly. They have clothed it with all fair and specious pretences, yet I am confident that the cloven foot and the snake in the grass cannot be hid from your Lordships' wisdom. I can show that all their pretences are false and designed only to cover the clause that destroys the powers of the Court of Admiralty. See the copy of it enclosed. They know that if the Acts of Trade and Navigation are tried in their Courts by their judges and by juries returned by their sheriffs, their illegal trade will not be hindered. By my assertion of the King's authority I have forced them to resort to open disobedience, but unless speedy action be taken the results will be fatal to the King's interests. Impunity for this defiance of authority will encourage them to take a step further; and the example will spread to neighbouring Colonies, and indeed has already so far infected Maryland that but for the vigilance and prudence of Governor Nicholson the consequence might have been fatal. Moreover, unless the illegal trade be checked, the people will cease to depend on England for supplies, but, by the plenty and cheapness of the commodities, will be able to supply the other Colonies and to ruin trade. Governor Markham has not been approved by the King, which will show you how little Acts of Parliament are respected here. I beg for your further orders, for without them I can do no more. Signed, Robt. Quarry. 3¼ pp. Enclosed,
796. I. Deposition of Robert Webb, Marshal of Admiralty in Pennsylvania. As to the forcible taking of certain confiscated goods from his custody by the sheriff acting under a warrant of Anthony Morris. ½ p. Annexed, A précis of the above letter, with the endorsement, Recd. 21, Read 22 Nov., 1698. [Board of Trade. Proprieties, 2. Nos. 29, 29 I.; and (without enclosure) 25. pp. 263–269.]
Sept. 6.
Whitehall.
797. Mr. Yard to William Popple. The representation of the Council of Trade of 1 September, as to instructions for the Commissioners that accompany the squadron to the East Indies, has been read to the Lords Justices. They desire you to prepare (1) a draft of powers to be given to the Commissioners, apart from the instructions relating to the command of the squadron, which belongs to the Commander-in-Chief. (2) Draft heads for a proclamation of pardon, etc., for the pirates. (3) Draft instructions for the Commissioners, stating in particular how long it may be proper for the squadron to be abroad. I am also to inform you that the King has appointed the Commander-in-Chief, Mr. Israel Hayes, Mr. Peter Delanoy and Mr. Christopher Pollard to be Commissioners. The Lords Justices desire that the drafts shall be ready for their meeting on Thursday next. Signed, R. Yard. 1½ pp. Endorsed, Recd. Read 7 Sept., 1698. [Board of Trade. Plantations General, 4. No. 134; and 34. pp. 330–331.]
Sept. 6.
Whitehall.
798. Council of Trade and Plantations to the Lords Justices of England. The Commissioners having some while since prepared draft instructions, in pursuance of the Acts of Trade and Navigation, for the direction of the Governors of Colonies, and one copy thereof for Bermuda having received the King's signature, we lay before you copies of the said instructions for Governors Nicholson of Virginia, Blakiston of Maryland, and Lord Bellomont of New York, Massachusetts, and New Hampshire. Signed, Ph. Meadows, John Pollexfen, Jo. Locke, Abr. Hill. [Board of Trade. Plantations General, 34. p. 329.]
Sept. 6.
Whitehall.
799. Council of Trade and Plantations to the Lords Justices of England. We lay before you draft instructions for Governor Nathaniel Blakiston of Maryland. Wishing to make the instructions to Governors as conformable as possible to each other, we have forwarded those as then drawn up lately for the Governor of Virginia. One clause of the old instructions, however, has made us consider the practice of giving money to the Governor by the General Assembly, which appears to have been allowed in all the Colonies, and in Maryland to have been in a manner required. This practice appears to us subject to very great inconveniences; for as private interest is too apt to sway men from their duty to the public, it is to be feared that the expectation or promise of a present may induce a Governor to comply with the planters in some things prejudicial to the King's interest, or the opposition of any planters to a present may draw upon them great inconveniences or hardships from the Governor. From our first entry on our Commission we have thought that this practice should be altered, but we have found no so proper occasion as the present. For the Assembly of Maryland has by several temporary Acts settled on the King's Governors of that province a revenue of threepence a hogshead on tobacco, and continued the same from time to time for their support and maintenance. The continuance of this revenue to a Governor by a single Act for the whole term of his Government would be no increased charge to the Colony, and if once obtained, as recommended, would remove all the inconveniences likely to arise from the practice of repeated presents. We have therefore omitted in the present draft the clause which seems to allow the making of presents, and also that which directs the promoting of it in Maryland, and have inserted a clause that if the Assembly choose to pass an Act for settling threepence a hogshead upon the King during Colonel Blakiston's term of office, he may be allowed without further application to the King to accept it. This being an encouragement to him to procure the settlement of such an establishment, we hope that he may succeed in doing so. We further recommend in general that the practice of giving presents be either wholly abolished or reduced to the method now proposed. Signed, Ph. Meadows, John Pollexfen, John Locke, Abr. Hill. [Board of Trade. Maryland, 9. pp. 208–211.]
Sept. 6.800. Minutes of Council of Nevis. Order for suspension of the Clerk, Thomas Neal, for summoning the Council to meet Colonel Gardner. [Board of Trade. Leeward Islands, 64. pp. 475–476.]
Sept. 6.801. Minutes of Council of Barbados. George Payne sworn Acting Clerk of Council during the illness of the Clerk. Bill for printing the laws read a second time, and a message sent to the Assembly for the original of the law enabling judges to appoint their own clerks, together with any documents bearing Lord William Willoughby's hand, for comparison of the signature. It was then found that the signatures were much alike, and since persons of repute testified that the law had been published in the churches, it was admitted as genuine. Bill for printing the laws referred to a Committee. Bill concerning Grand Sessions read a second time and sent to the Assembly with amendments. The Assembly brought up this last bill again, also a bill to appoint Agents.
Sept. 7.The bill for printing the laws as amended, and a new bill for the same, were sent down to the Assembly to choose which they would pass. They chose the new bill, which was thrice read and passed. Bill to appoint Agents read once. Bill concerning Grand Sessions read with amendments and passed. Order for the Treasurer to pay for thirty-six imported servants, and to return one decrepit servant to the importer. The Assembly brought up a bill for a present of £2,000 to the Governor, which was read thrice and passed. Sundry payments for compiling and printing the laws passed. [Board of Trade. Barbados, 65. pp. 367–370.]
Sept. 6.802. Journal of Assembly of Barbados. The Committee on Naval Officers' fees presented their report. Order for a bill to be prepared for renewing the excise on imported liquors. A committee for inspection of fees appointed, also a committee to consider and report as to the disposing of imported servants. Bill for Grand Sessions passed with the Council's amendments. Bill for appointing Agents sent up to Council.
Sept. 7.Bill for printing the laws, with amendments, and an alternative bill for the same, received from Council, and the latter passed. The Council's amendments to the bill concerning Grand Sessions passed. Bill to present £2,000 to the Governor ordered and passed. Voted that all owners of land be required to discover upon oath (so far as they know) the number of acres possessed by them, and that a bill be prepared for that purpose, so that white servants may be placed on the land. The House concurred in the Council's grant of £100 to William Rawlins, and an address to this effect, together with the bill for a present to the Governor, was sent up to Council. [Board of Trade. Barbados, 65. pp. 307–311.]
Sept. 6.
Virginia.
803. Edmund Jenings to William Popple. The Orders of Council and copies of the laws are forwarded by this opportunity. Signed, E. Jenings. [Board of Trade. Virginia, 6. No. 62.]
Sept. 7.
Whitehall.
804. Mr. Yard to William Popple. Since you called upon me, the Lords Justices have sent me the enclosed memorandum as very proper for the consideration of the Council of Trade. No doubt they will agree and include the matter in their instructions. Signed, R. Yard. Written over page,
Memorandum. The Council of Trade will consider the necessity of adding a clause to the instructions, empowering the commanders of the expedition [against pirates in the East Indies], if they find any place they touch at advantageous to the trade of England and unsettled by Christians, to leave a settlement there, or, if not, to report by first opportunity their opinion of such place. ½ p. The whole endorsed, Recd. Read 7 Sept., 1698. [Board of Trade. Plantations General, 4. No. 135; and 34. pp. 331–332.]
Sept. 7.
Treasury
Chambers.
805. William Lowndes to William Popple. In answer to yours of 22 June the Lords of the Treasury have no objection to the continuance of the salary of £100 a year out of the quit-rents in Virginia to Dr. Blair, nor to the insertion of the said salary as an article in Governor Nicholson's instructions. Signed, Wm. Lowndes. 1 p. Endorsed, Recd. Read 8 Sept., 1698. [Board of Trade. Virginia, 6. No. 63; and 37. p. 261.]
Sept. 8.
Whitehall.
806. Council of Trade and Plantations to the Lords Justices of England. In reply to your directions conveyed by Mr. Yard in his letters of 6th and 7th inst., we offer as follows. The separate powers proper to be given to the Commissioners who accompany Captain Warren's squadron are (1) to give assurance of pardon to any pirates who shall be in the seas to east of the Cape of Good Hope at the time of the squadron's arrival, according to the King's instructions; (2) to take charge of the persons, ships, goods, etc., of the pirates that may be seized, and dispose of them, according to the King's instructions. As to the heads of a proclamation offering pardon to pirates, we propose the following: (1) A declaration of the intent of the expedition, to extirpate all pirates to the east of the Cape of Good Hope; (2) a summons to pirates to surrender thereupon; (3) a declaration of the Commissioner's powers to grant pardon to those who surrender for piracy committed before, but not after, notice of the King's gracious offer. As to instructions to Captain Warren and the Commissioners, we submit the following draft. You are to embark on the squadron and proceed on the service prescribed in this commission. You are, on your voyage, to examine any British ship, wherever met with, that is suspected of trading with pirates. On arrival at St. Mary you are to publish the proclamation, and take all measures for dispersing it among the pirates. Here follow the directions as to pardons, given in No. 788. If in the course of your voyage you find any place unsettled by Europeans and not belonging to any of the King's Allies in which you judge that an English settlement may be advantageous to English trade, you may make a settlement thereon if you can spare good and trusty men sufficient; or if not you will report to us by the earliest opportunity. Instructions end. As to the time for which it may be proper for the squadron to be kept abroad, we think that the Commander-in-Chief should be empowered to send home one or more ships if he find that his force is greater than required, but we conceive that no other proper limitation of time can be fixed than either till the work be done or till the squadron through death of men, want of provisions, or decay of ships cannot safely remain longer in those parts. Signed, Ph. Meadows, John Pollexfen, Jo. Locke, Abr. Hill. [Board of Trade. Plantations General, 34. pp. 332–341.]
Sept. 8.
Whitehall.
807. Order of the Lords Justices of England in Council. Approving the draft instructions for Governors Nicholson of Virginia, Blakiston of Maryland, and Lord Bellomont of New York, Massachusetts and New Hampshire. Copy. ½ p. Endorsed, Recd. 10 Sept., 1698. [Board of Trade. Plantations General, 4. No. 136; and 34. p. 342.]
Sept. 8.808. Minutes of Council and Assembly of Antigua. On the motion of the Assembly the Council assented to an Act for confirming the proceedings of the late Act of Courts, and agreed to their late message respecting the soldiers. Messages were also sent from the Council as to an amendment to the Register Act, as to the Jamaica Act for pirates, and on certain small matters.
Sept. 9.The Assembly sent up the Acts relating to registry and to white servants, and a message in regard to the adjustment of the Treasurer's accounts. The Council pressed for certain amendments in the Registry Act, to which the Assembly objected; and after interchange of several messages neither side would give way. [Board of Trade. Leeward Islands, 64. pp. 273–278.]
Sept. 10.809. Minutes of Council and Assembly of Nevis. On the proposal of the Assembly, sailing orders were given to H.M. Ships Norwich and Sun, to come up from the Virgin Isles, and to Captain Gardner to cruise for twenty days. [Board of Trade. Leeward Islands, 64. p. 476.]
Sept. 10.
Loo.
810. William Blathwayt to William Popple. The enclosed are hardly worth the name of letters, being only what the Governor of New Jersey has thought fit to offer to the King (without much appearance of haste) of the inclinations of the people. Please answer it as the Council of Trade shall direct. Signed, Wm. Blathwayt. ½ p. Endorsed, Recd. 10, Read 12 Sept., 1698. Enclosed,
810. I. Governor Hamilton to William Blathwayt. Burlington, 20 May, 1697. This is the first General Assembly since receipt of yours of 21 April, 1696, else the province would have sent the following documents earlier. Signed, Andrew Hamilton. ½ p.
810. II. Association signed by the Council and Assembly of New Jersey, 20 May, 1697, on the defeat of the Papist conspiracy against the King. Signed, Andrew Hamilton, Governor, and by twelve more. 1 p.
810. III. Address of Congratulation from the Governor and Council of New Jersey to the King on his deliverance from the Papist conspiracy. Four signatures. ½ p.
810. IV. Association for the defence of King William's Government. Forty-two signatures. 1½ pp. [Board of Trade. Proprieties, 2. Nos. 30, 30 I.–IV.]
Sept. 10.
Philadelphia.
811. Robert Quarry to Council of Trade and Plantations. This is practically a duplicate of the letter of 6 September (No. 796) with the following passage added at the end. They think that by their barbarous usage of Mr. Randolph they have prevented him from coming among them any more, let the King's service oblige him never so much. I suppose you have long since heard how they imprisoned him in the custody of two constables, like a felon, merely for telling the Governor that he ought not to act until he had been approved by the King. I believe that if I had not appeared for him, Governor Markham would have dealt worse with him. Signed, Robt. Quarry. The whole, 2½ pp. Endorsed, Recd. Read 23 Dec., 1698. [Board of Trade. Proprieties, 2. No. 31; and 25. pp. 285–291.]
Sept. 10.
Annapolis,
Maryland.
812. Governor Nicholson to the Duke of Shrewsbury. I forward Journals of Council, Laws, etc., as in enclosed list. I thank God that the late disturbances here, which seemed to tend to rebellion, are over, and I hope the country generally is satisfied. Three of the chief contrivers and actors therein, Gerard Slye, Philip Clark and Robert Mason, were tried at this Provincial Court, found guilty and sentenced to five and six months' imprisonment. The ship cannot stay, so I can give you no particulars of their trial, but shall send it a fortnight hence. John Coode, the chief incendiary, is still in Virginia, but I have written to Sir Edward Andros to ask that he may be delivered up to justice here, else it is apprehended that he may try to stir up further commotions. I enclose certain papers respecting my proclamation against pirates. Signed, Fr. Nicholson. 1 p. Enclosed,
812. I. List of papers forwarded with the above letter. ½ p.
812. II. Copy of Governor Nicholson's proclamation of 13 May, 1698, against the harbouring of pirates.
Copy of proceedings in respect of John Blackmore and William Cotter, arrested on suspicion of being pirates, extracted from the minutes of the Council of Maryland of 22 July, 1698. [Board of Trade. Maryland, 3 Nos. 54, 54 I., II.; and (without enclosures) 9. pp. 367–369.]