America and West Indies
November 1698, 21-25

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Institute of Historical Research

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J. W. Fortescue (editor)

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1905

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560-564

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'America and West Indies: November 1698, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 16: 1697-1698 (1905), pp. 560-564. URL: http://www.british-history.ac.uk/report.aspx?compid=70989 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

November 1698

Nov. 21.1,002. Journal of General Assembly of Massachusetts. The Rogues' bill was read and amendments proposed.
Nov. 22.Petition of Thomas Hinckley read, and resolved that his case be not re-heard by this Court. Address to Lord Bellomont, praying him to hasten his coming, agreed to, and concurred in by the Representatives. Rogues' bill again read. On the motion of the Representatives a bill to regulate ship-building was read a first time. A vote of thanks from the Representatives to John Nelson was agreed to.
Nov. 23.Rogues' bill again read and sent down for concurrence. Vote of the Representatives for an allowance to William Habberfield agreed to. Bill from the Representatives as to release of three Indians in exchange for English prisoners read and debated.
Nov. 24.Bill for keeping watch in towns in time of peace read. Two votes of the Representatives for payments to ministers agreed to.
Nov. 25.Resolutions of the Representatives as to certain payments, and as to the appointment of a committee to settle the bounds of certain towns, agreed to. The additional bill to the Polygamy Act read a first time. Debate on the question of exchanging prisoners with the Indians. A committee appointed to draw up a bill about a Court of Equity.
Nov. 26.The additional bill to the Polygamy Act was read a second time and sent down for concurrence. Bill as to town-watches read a third time and sent down likewise. [Board of Trade. New England, 48. pp. 258–263.]
Nov. 22.1,003. Minutes of Council of Maryland. Order to proclaim the sitting of the Court of Appeal on 23 February. Order for the vestries to levy their rate for the support of the poor this year, as there is no county levy and the burden will therefore be the less felt. Order for copies of the public levy to be affixed to every County Court-house door that all may see how the money was disposed of. [Board of Trade. Maryland, 13. pp. 663–664.]
[Nov. 22.]1,004. List of the present Councillors of Jamaica, and of persons recommended to fill vacancies in the Council. For the list see No. 890 II. Persons recommended, Modyford Freeman,* William Hall, John Walters,* John Bonner,* Thomas Hale,* Samuel Phelps, Michael Houldsworth. Inscribed, These lists were given to the Secretary by Colonel Broughton by Mr. Heathcote's order. On 1 December Mr. Heathcote recommended the four persons marked*. 1 p. Endorsed, Recd. 21, Read 22 November, 1698. [Board of Trade. Jamaica, 8. No. 100; and 56. p. 241.]
Nov. 22.1,005. Journal of Council of Trade and Plantations. Governor Nicholson's letter of 12 September from Maryland, with part of its enclosures read.
The Secretary laid before the Board a full list of the Council of Jamaica and the names of those recommended for the Council by Mr. Gilbert Heathcote (preceding abstract).
Colonel Quarry's letters of 6 and 16 September read. Agreed to take the affairs of Pennsylvania particularly into consideration.
Nov. 24.The heads of complaints against Colonel Fletcher for his conduct in the Government of New York were agreed on, and order given for him to attend on Monday next.
Order for the Secretary to write to Mr. Heathcote about persons to fill vacancies on the Council of Jamaica, and for copies of the laws of Jamaica lately printed.
Letters from the Treasury to the Colonies to give credit to Admiral Benbow received and ordered to be entered.
Representation upon the laws of Massachusetts signed. [Board of Trade. Journal, 11. pp. 289–292.]
Nov. 23.1,006. Minutes of Council of New York. On the complaint of Colonel William Smith it was ordered that no private boats shall board incoming vessels until the Custom-house officer has been aboard, and that a proclamation be published to that effect. The Governor reported that he had news that the ship Hester was about to sail from Amboy without clearing at New York. The Council resolved that orders be given to seize her and bring her into New York. The petition of the soldiers at Albany for bedding was read, and order given to Robert Livingston to provide the same. Order for a proclamation requiring the Justices in each county to administer the oath, test and association to all persons in their counties, and to return the names of those who have accepted the same.
Nov. 24.The question of the privileges of New York against Amboy were again considered, and orders were given to seize the ship Hester, and for a sufficient force of soldiers to be present to enforce the seizure under Captain Peter Matthews. Instructions of the Governor to the said Captain Matthews. [Board of Trade. New York, 72. pp. 162–168.]
Nov. 24.1,007. Heads of charges relating to Governor Fletcher's administration at New York, delivered to him at the Board, 28 November, 1698. (1) That he accepted £700 to permit the ship Jacob, returning from a piratical voyage, to come up to New York, and to grant the crew protection. (2) That he prevailed with the Council to consent thereto under colour of allowing the said pirates the benefit of an Act of New York, to which they were not entitled. (3) That in consequence thereof the ship came up to New York and was accepted by him as a present and sold by him for £800. (4) That he granted protections to other pirates for money. (5) That there is no mention of securities given in the said protections, and that none of the persons so protected appear to have been prosecuted for piracy. (6) That in 1696 he released a chest of money which had been seized from one Rayner, a pirate. (7) That Edward Coates, the pirate, asserted that it cost him £1,300 to obtain Colonel Fletcher's protection. (8) That he granted commissions as privateers to Tew, Hore and Glover, though they had no ship at New York, and spoke openly of making piratical voyages. (9) That he was intimate with the pirate Tew, and received money for the aforesaid commissions. (10) That he granted a like commission to Thomas Moston of the ship Fortune, though intended only for illegal trade. (11) That the bonds which he took from the said pirates on giving them commissions were inadequate, and that one of them was tampered with by his Secretary. (12) That he connived at illegal trade, whereby the revenue of New York has been diminished though the trade has increased. (13) That he granted away vast tracts of land without laying any obligation on the grantees to improve the same or prosecuting them for not improving it. (14) That he granted away a large tract of the Maquas' land without their consent, also the King's Garden and the King's Farm, making it impossible to reward future good service with the gift of land. (15) That he neglected the King's forces and drove them to desertion by deducting a halfpenny a day from their subsistence, and by stopping their subsistence when they were allowed to work; also that he wronged them of the additional fourpence a day voted by the country, and sent home false muster-rolls. (16) That he neglected the fortifications on the frontier, and did not demolish Cadaraqui as desired by the Indians. (17) That he granted letters of denizenation to one Nodin, a Frenchman, in such extensive terms as to be contrary to the intent of the laws of England. (18) That he neglected to write to the Governor of Canada when he sent him notice of the conclusion of peace, which was regarded by the said Governor as a slight. Draft. 5 pp. Endorsed, 24 Nov. Delivered to him 28 Nov., 1698. [Board of Trade. New York, 8. No. 27; and 53. pp. 102–107.]
Nov. 24.
Whitehall.
1,008. Council of Trade and Plantations to the Lords Justices of England. Upon the Acts of Massachusetts passed from February, 1695, to September, 1697 (full list given), we recommend as follows. Two Acts, the one supplementing, the other reviving an Act of Courts, which has been repealed, should be repealed also. The Act that all persons not being free-holders or settled inhabitants shall give security before process of law be granted, seems very partially favourable to the inhabitants and injurious to strangers, for a stranger before commencing suit must give security such as no stranger could produce. The merchants are sensible of the mischief of this; and we advise that the Act be repealed. There is a reviving Act which continues, among others, an Act for a Post Office which has been repealed. We think this Act also should be repealed. The Act for establishing Courts provides that all issues shall be tried by a jury. This is directly contrary to the recent Act to regulate the Plantation Trade, which provides that offences against the Acts of Trade shall be tried in the Admiralty Court, where there is no jury. We have advised the erection of Admiralty Courts in the Colonies; and we therefore recommend that this Act be repealed. An Act to incorporate Harvard College was formerly repealed because no power was reserved to the King to appoint visitors, and it was intimated that the Act would be passed if a clause were added giving a power of visitation to the King and to the Governor of the Province. Now the present Act to incorporate the College vests the power of visitation in the Governor and Council, and we therefore recommend that it be repealed. The remainder of the Acts may, we think, be confirmed. Signed, J. Bridgewater, Ph. Meadows, Jno. Pollexfen, Abr. Hill. [Board of Trade. New England, 37. pp. 42–55.]
Nov. 24.
Whitehall.
1,009. Order of the Lords Justices of England in Council. Approving the representation of the Council of Trade of this date as to the Acts of Massachusetts and ordering accordingly. Signed, John Povey. ½ p. Endorsed, Recd. Read 3 Jan., 1698–9. [Board of Trade. New England, 9. No. 43; and 37. p. 89.]
Nov. 24.
Whitehall.
1,010. Order of the Lords Justices of England in Council. Confirming thirty-one Acts of Massachusetts (titles given). Copy. 3 pp. Endorsed, Recd. 3 Jan. Read 2 Feb., 1698–9. [Board of Trade. New England, 9. No. 44; and 37. pp. 121–124.]
Nov. 24.
Whitehall.
1,011. Order of the Lords Justices of England in Council. Disallowing six Acts of Massachusetts. Copy. 2 pp. Endorsed, Recd. Read 3 Jan., 1698–9. [Board of Trade. New England, 9. No. 45; and 37. pp. 90–91.]
Nov. 24.1,012. Memorandum of copy of a circular letter to Lord Bellomont from the Treasury as to giving credit to Admiral Benbow. Recd. Read 24 Nov., 1698. ½ p. [Board of Trade. New England, 9. No. 46; and 37. p. 42.]
Nov. 24.1,013. Circular letter from the Lords of the Treasury to the Governors of New England, New York, Virginia, Jamaica, Barbados and the Leeward Islands. The King has thought fit to send a squadron of ships under the command of Rear-Admiral Benbow to the West Indies for the security of those Colonies. Upon the application of Rear-Admiral Benbow or the Commander-in-Chief you will cause him to be furnished with such a sum not exceeding [£3,000 for Barbados, £500 for the Leeward Islands, £2,000 for New York, Massachusetts and New Hampshire, £500 for Virginia] as he shall require; and upon his drawing bills on the Commissioners of the Navy or the Victualling Board and your attesting the said bills, care will be taken to meet the same. Signed, Cha. Montague, Steph. Fox, Jno. Smith, Th. Littleton. Draft. 2 pp. Endorsed, Recd. Read 24 Nov., 1698. [Board of Trade. Plantations General, 4. No. 146; and 34. pp. 393–394; also Board of Trade. Barbados, 44. pp. 226–228.]
Nov. 24.1,014. Memorandum of the receipt of copies of the above circular for Governor Grey, and the Governments of four more Colonies. [Board of Trade. Barbados, 7. No. 73; and Jamaica, 8. No. 101; and Virginia, 6. No. 71; and Leeward Islands, 5. No. 126; and New York, 8. No. 28.]
Nov. 24.1,015. Minutes of Council of Bermuda. The Tobacco Act and Highways Act were passed. [Board of Trade. Bermuda, 39. p. 9.]
Nov. 24.1,016. Minutes of Council of Massachusetts. Order for divorce of Rebecca Wansford from her husband, he having another wife living. Leave granted to Henry Hill to build a house in Boston. Order for payment of £10 towards the support of a minister at Stow. [Board of Trade. New England, 49. pp. 178–179.]
Nov. 24.1,017. Minutes of Council of Barbados. Bill for impost on liquors read thrice and passed. Supplemental bill to the Act for provision of servants read twice and committed. Order for all retailers of liquor who have not taken out their licences to do so at once, on pain of prosecution.
Nov. 25.Richard Scott appointed a Commissioner of Accounts, and Thomas Sadleir Treasurer. [Board of Trade. Barbados, 65. pp. 379–380.]
Nov. 25.1,018. R. Yard to William Popple. Forwarding Governor Nicholson's letter to the Duke of Shrewsbury of 10 September, with its enclosures. ¼ p. Endorsed, Recd. 25, Read 28 Nov., 1698. [Board of Trade. Maryland, 3. No. 67.]