America and West Indies
February 1699, 21-24

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Institute of Historical Research

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Cecil Headlam (editor)

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1908

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68-79

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'America and West Indies: February 1699, 21-24', Calendar of State Papers Colonial, America and West Indies, Volume 17: 1699 and Addenda 1621-1698 (1908), pp. 68-79. URL: http://www.british-history.ac.uk/report.aspx?compid=71024 Date accessed: 30 October 2014.


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Contents

February 1699

Feb. 21.Progress made with report on Col. Fletcher's affair. [Board of Trade. Journal, 11. pp. 396–398; and 96. Nos. 31 and 32; and Trade Papers, 14. pp. 193–196.]
Feb. 21.
Whitehall.
114. William Popple to Henry Adderley. Anything you or others mentioned in your letter (Feb. 18) have to offer may be communicated in writing. Signed, W.P. [Board of Trade. New York, 53. p. 256.]
Feb. 21.115. Minutes of Council of Barbados. Writs were ordered for a new Assembly. The cost of erecting a free school was considered. Two petitions, of Hugh Agnew, merchant, - and his wife, against Magnus Popple's proposals, were referred to a Committee of the Council. [Board of Trade. Barbados, 65. p. 389.]
Feb. 21.
New York.
Dec. 14.
1698.
116. Governor the Earl of Bellomont to Council of Trade and Plantations. 'Tis a misfortune to me and great prejudice to the King's affairs here that your Lordships send me no orders in all this time. 'Tis near six months since I had a letter from your Board, and I cannot but thinke the pains I take here to serve the King and the interests of England deserves some return. The worst of it is the Jacobite party here take great notice of it, and give it out all the country over that I am therefore in disgrace with the King, for that the ministers neglect me. There came a ship hither three weeks since from London and brought letters from Col. Fletcher to several of his friends here, giving them an account of his kissing the King's hand, and being received by His Majesty with all the marks of esteem imaginable, and several other things in relation to the prosperity of his affairs. This news caused great exultation among the party, and it was industriously spread all the country over, and it was not forgot to be inserted with the rest that I had not received one letter from the Ministers of England, which was made an inference and sure mark of my disgrace. I had this week a letter from Mr. Secretary Vernon by the way of Maryland, which was very effectually penned to answer all the ends of my administration and to encourage my proceeding to discourage piracy and unlawful trade, the belov'd twins of the marchands of this place. Lieut. Hunt sailed the 27th of last month from Pescataway, having come two or three days short of the Deptford man-of-war at Boston, with my packet to your Lordships wherein are the states of the revenue, accounts and fortifications of this province, by all which Col. Fletcher will appear very corrupt, and Brooks, the late Collector, deeply involved in the two first. Mr. Basse, the Governor of the Jarzies (Jerseys), in contempt of the orders your Lordships formerly sent me, loaded the ship Hester at Perth Amboy in E. Jarzy and was sending her on a voyage, on notice whereof I sent Mr. Hungerford, one of the present Collectors, and one of my Lieutenants with forty soldiers and seized and brought the ship away. I have since offered to restore the ship, provided Basse would have her cleared at this port, but he refusing, we are going to have her tried. The whole proceeding is contained in the papers herewith sent. Mr. Basse threatens to try in Westminster Hall whether Perth Amboy be a port or no and to sue me for damages for bringing away the Hester. She is a leaky ship of about 120 tun and her loading is about 28,000 barrel staves. I have not yet complied with the instruction to regulate the militia of the Jarzies, because there is no civil government there, for Basse having not the King's approbation as the Act of Parliament of the 7th and 8th of the King obliges all Governors of Plantations to have, the people do not own Basse's authority, and for fear they should call it more publicly in question he dares not call an Assembly. Besides it is said he has been formerly in very mean circumstances in that country and his carriage now is very foolish, which makes him contemptible to the people. I send a memorial of Col. Romar's the Engineer which by mistake was not sent formerly. It concerns the fortifications on the frontiers. I am much troubled for his being recalled; he is an honest man and an able artist, as the Gentlemen of the Board of Ordnance told me. I enclose an address from the Lieut.-Governor, Council and Assembly of Massachusetts Bay, desiring me to repair thither, but till I receive your orders I do not think it prudent to remove hence. I enclose also an address from the Council and Assembly of New Hampshire, which will show you what mischief Col. Allen is doing in that province. He is, it seems, turning people out of their properties without process of law, and so distracts the people that I fear the provision of naval stores for the King will suffer an interruption, which otherwise Mr. Partridge, who is now here with me, gives all possible assurance of its succeeding to all our desires so far as relates to timber of all sorts, masts, pitch and tar: as for hemp he has no hopes of that there, and I formerly wrote my thoughts of hemp and flax as fitter for productions for the soil of Ireland, and to be manufactured there where labour is cheaper three-fourths than 'tis here or in New Hampshire. I do not take my account of Col. Allen upon trust from Mr. Partridge, tho' he have a fair character, for I have the same account from two or three indifferent hands besides. I am persuaded that when you read Col. Bayard's answer to my reasons for suspending him from Council, you will think it deserves not a reply. I rather think that, being a man of so ill a character, and going to England broker for the factious merchants here to purchase my being commanded home (for such is the common report here, and that he is commissioned to lay out a great many thousand pounds for that end) he will deserve your censure. Besides, being a man in criminal circumstances, there being two positive affidavits against him of his countenancing and abetting pirates and partaking of their spoils, he is liable to be arraigned and tried for his life. Signed, Bellomont. I send my reasons for suspending Col. Willet, and a copy of my proclamation and circular letter for administering the oaths. The same proofs I sent you of my reasons for displacing Col. Bayard will serve to make good three of the reasons I now send against Col. Willet, and for the fourth the depositions of John Williamson and Benjamin Thurston sent Oct. 21 by Capt. Jeffers will be substantial proofs. I sent my reasons to Col. Mynvisil for displacing him, but he not having yet returned me his answer I forbear troubling you with them at present. Endorsed, Recd. Feb. 21, Read March 13, 1698/9. 3 pp. Holograph. Enclosed,
116. I. Abstract of preceding letter. 2 pp. Also, Board of Trade. New York, 45. pp. 33–35.
116. II. Minutes of Council of New York. Nov. 23, 1698, ordering the Hester to be seized. (Cal. 1698, 1006.) Copy.
116. III. Minutes of Council of New York. Nov. 24, 1698. Instructions to Capt. Matthews relating to the seizing of the Hester. (Cal. 1698, 1006.) Copy. 3 pp.
New York.
Nov. 29.
1698.
116. IV. Clerk of the Council of New York to Mr. Basse. In spite of the Order of Council, Nov. 25, 1697, showed you by His Excellency, wherein the pretended right of the proprietors of the Jarzies to a freedom of port at Perth Amboy was disallowed, the Governor and Council, understanding that you had laden the Hester there and were sending her on a voyage without clearing her at the Custom-house of New York, sent and seized her. But they are willing to restore her, provided you or her master take her clearing from the Custom-house. here and refund the charges the Government has been at. Signed, B. Cosens. 2 pp. Copy.
Dec. 5.
Perth Amboy.
116. V. J. Basse to the Clerk of the Council of New York. Yours of the 29th will be considered by the first Council I shall call. Meantime I can only say the Proprietors of East Jersey by their instructions positively command me not to enter, clear, give bond, security or anything that may pay an acknowledgment to your port either for the Hester or any other vessel, which instruction is not drawn without the mature advice of persons learned in law. I cannot doubt but that I shall be secured in my obedience to my instructions, and the Act of the 25th Caro. II. will justify me in my pretensions. Signed, J. Basse. Copy.
Aug. 26.
1698.
116. VI. Col. W. Romer to the Earl of Bellomont. In obedience to your orders I left on May 3 for the frontiers of New York. The town of Albany lies on Hudson's River, 144 miles from New York: Schanegtadie 20 miles west of Albany on the Great River of the Maquas. The fortifications of these important frontiers are neglected, consisting of wood and palisades: they should be of stone and proportioned to their importance. For I consider that if these two places came at any time into the enemy's hands, the Provinces of York, Jersey, Pennsylvania and Connecticut would be obliged in a short time to submit, and that forthwith Maryland, Virginia, and New England would suffer severely, and as York is the mart of all the islands for corn, grain, and provisions, they would be much injured too. As for Kanestigionne, 12 miles N.W. of Albany, built on the Great River of the Maquas, and Half Moon, 12 miles N. on Hudson's River, they ought to be regarded as the bounds of the frontiers towards New France and so of great use in time of war to preserve communications with the two chief frontier-ports above-mentioned. A good guard should be kept at them or a redout of stone to hold thirty or forty men in case of necessity, and in time of war a good palisade, well flanked, to serve as a refuge of the neighbouring inhabitants. Cheragtoge, 28 miles N. of Half Moon on Hudson's River, I failed to reach, but I gathered the seven farms and the fort made in Leisler's time were utterly ruined during the war. The French pretend it belongs to them, though we have had possession for many years. It would not be amiss to build a small palisade fort with a small stone tower in the middle to maintain possession and encourage the planters to return and settle. In time it will be possible to clear the country of forest and establish proper communications. Signed, W. Romer. Copy. 3 pp. French.
Nov. 22.
1698.
Boston.
116. VII. Address from the Lieutenant-Governor, Council and Assembly of Massachusetts Bay inviting the Earl of Bellomont to visit them. Copy. Signed, Wm. Stoughton, Nathaniel Byfield, Speaker; Isaac Addington, Secretary.
Nov. 24.
1698.
New Hampshire.
116. VIII. Members of Council and Assembly of New Hampshire to Earl of Bellomont. We cannot wait the happy day of your arrival here to inform you that General Allen, since he took the administration upon him, has, contrary to his promise, turned out of office sundry very fit persons and put others of Mr. Usher's creatures in their room, and such as favour his claims. Whereby His Majesty's authority is likely to be used to promote his claim to the property of our lands and the disresting good subjects in their quiet and peaceable possessions, so that without present relief many of the principal inhabitants must leave the province. Signed, Council:—John Hinckes, Richd. Waldron, Henry Green, Nath. Weare, Peter Coffin. Assembly:—John Pirkeim, Speaker; John Tuttle, Samuel Keais, John Plaisted, Theodore Attkinson, Saml. Learell, Henry Vow, John Smith, Joseph Swett, William Furbur, James Davis, William Samey. Copy.
1699.116. IX. Lord Bellomont's reasons for displacing Col. Thomas Willet from the Council. He advised Col. Fletcher's frequent embezzlement of revenue. He advised and consented to a pirate bringing his ship and spoils into the port of New York, and connived at Col. Fletcher's public acceptance of that ship as a present, as well as of large sums, for the protection of these and other pirates. He connived at Col. Fletcher's neglect of the frontiers during the war. He concealed sums of money and treasure brought by known pirates from the Red Sea. Signed, Bellomont. 3 pp.
116. X. Earl of Bellomont's proclamation for administering the oaths, test, and association to the male inhabitants of New York under sixteen years of age. Printed copy.
116. XI. Circular letter of the Earl of Bellomont to the Justices of the Peace to be careful and expeditious in administering the oaths, test and association. Copy.
116. XII. Deposition of Thomas and John Parmyter. Five or six days hence we were at James Spencer's house and heard him railing in a scurrilous manner against Leisler's party, saying that they were all rogues and my Lord Bellomont was no better for taking their parts and that he did not care one fig for him. John Parmyter said: "Suppose my lord should hear you through this window." Spencer answered: "God damn his blood; he would shoot my lord or anybody else who should appear at his window," and swearing to his negroe, bade him fetch him a blunderbuss, and so railing went out of the company. Copy. [Board of Trade. New York. 8a. Nos. 11, 11 I.–XII., and (without enclosures) 53. pp. 283–291.]
Feb. 21.
Custom
House,
London.
117. Jon. Sansom to Mr. Popple. In reply to yours of this date and Dec. 22, relating to the business of Perth Amboy, I send you a copy of the report to the Treasury finished this day by the Commissioners of Customs. As to the vessel seized by Mr. Randolph in the Jerseys and afterwards tried in the Court of Admiralty of New York, desiring to know the subject and success of that trial the Commissioners have spoke to the master of the ship by whom they were informed Mr. Randolph had sent them account of this matter, and are told by the master that being in distress in his passage home, he threw Mr. Randolph's packet overboard amongst other things, so that the Commissioners are yet without notice from Mr. Randolph. Signed, Jno. Sansom. Endorsed, Recd. Feb. 22, Read March 3, 1698/9 Enclosed,
117. I. Report of the Commissioners of Customs to the Lords of the Treasury about the settlement of a port at Perth Amboy. Besides the Act made in the 25th year of Charles II. there is another in the 7th and 8th of the present reign providing that the Commissioners of the Treasury and Customs in England may appoint Officers of the Customs in any city, town, river, port, harbour or creek of or belonging to any of the islands, tracts of land and proprieties when and as often as to them shall seem needful, pursuant to which law, not mentioned in the Council of Trade's representation of Oct. 27, 1697, your Lordships by warrant of Nov. 20, 1696, approved of a Collector at Perth Amboy in East Jersey and another at Bridlington in West Jersey, as recommended by the Surveyor-General of Customs in H.M. Plantations. These officers have instructions to collect the rates and duties imposed by the Act of Charles II. upon tobaccos and other plantation commodities enumerated, shipped or loaden thence for any other of H.M. Plantations, as also to inspect the like commodities which shall be laden in ships bound directly to this kingdom and to attend the delivery of all European goods brought from hence, and prevent the importation thereof from other places, and likewise to take care that all goods be imported and exported in ships qualified according to law. The establishment of a Collector at Perth Amboy was not anyways intended to exempt the inhabitants of New Jersey from the payment of any duties they were before chargeable with to the Government of New York, and are wholly different from those which the Collector of the Customs is charged with at Perth Amboy and are not under our direction, as appears by our report of Aug. 31, 1697, to your Lordships. Signed, Charles Godolphin, Walter Yonge, Samuel Clark, Benjamin Overton, William St. Quintin. Copy. 2 pp. [Board of Trade. Proprieties, 2. Nos. 50, 50 I.; and 25. pp. 344–348.]
Feb. 22.
London.
118. Jahleel Brenton to Wm. Popple. In answer to what you this day wrote me about the militia of the colony of Rhode Island, etc., it is thus: By their Charter the General Assembly is empowered to nominate, appoint and constitute so many commanders, governors and military officers as to them shall seem requisite, for the leading, conducting and training up the inhabitants in martial affairs, etc. But the General Assembly have given up to the militia this power of nominating and appointing commanders and military officers, and accordingly every year the militia choose their own officers. Signed, Jahleel Brenton. Endorsed, Recd. Feb. 22, Read Feb. 27, 1698/9. [Board of Trade. Proprieties, 2. No. 51; and 25. p. 340.]
Feb. 23.
Kensington.
119. Order of King in Council, referring the petition of Edward Palmes and John Hallam to the Council of Trade. Signed, John Nicholas. Endorsed, Recd. Read Feb. 27, 1698/9. Enclosed,
119. I. Petition of above. Their good ship, the Liveen, was seized in the harbour of New London, June 16, 1691, under colour of an order of the County Court, by Samuel Fosdick, FitzJohn Winthrop and Richard Christopher, without any action having been brought in any way concerning that ship. The petitioners brought an action last September in the County Court, and were non-suited on pretence of the Statute of Limitation, though John Winthrop had been out of the colony more than four years then. On application an appeal to the Court of Assistants was refused. Petitioners pray for an order to the Government of Connecticut to take care that their appeal be now admitted, and in case the petitioners find themselves aggrieved by the judgment of that Court and appeal to your Majesty in Council that that appeal shall be admitted. Copy. 2 pp. [Board of Trade. Proprieties, 2. Nos. 52, 52 I.; and 25. pp. 350–354.]
Feb. 23.120. Order of King in Council, referring the petition of John and Nicholas Hallam, merchants of Connecticut, to the Council of Trade and Plantations. Signed, John Nicholas. Endorsed, Recd. Read March 6, 1698/9. Enclosed,
120. I. The petition of above. The petitioner's mother, a widow, married one John Liveen, who, being non compos mentis at the time, willed the greatest part of his estate away from the petitioners and their mother. If the will be set aside, there being no heir at law or next of kin, the estate will be escheated to the King, whom the petitioners pray to grant them his interest and title therein. Copy. 2 pp. [Board of Trade. Proprieties, 2. Nos. 54, 54 I.; and 25. pp. 340–342.]
Feb. 23.121. Petition of the Agent of New York to the Council of Trade and Plantations. The forces of New York are in great want of recruits, who may with ease be raised now on the disbanding part of the forces in England. The fittest time and way to transport them to New York will be in the Guard Ships or ships hired to bring masts and other stores for H.M. Navy, which will depart towards New England about April. The forces have not received one farthing of pay or subsistence for these twenty-six months past, except £500, but have been subsisted by the Earl of Bellomont's credit with the victuallers, who are not willing to trust any farther. Unless recruits and pay be sent at once the troops will be forced to disperse; the Indians will have no longer alliance with us; the fur-trade will be lost to England and the whole province of New York, which is the key and bulwark of all His Majesty's colonies on the mainland of America, will be exposed defenceless to the attempts of an enemy. Signed, T. Weaver. Endorsed, Recd. Read Feb. 24, 1698/9. 1 p. [Board of Trade. New York, 8A. No. 12; and 12 I. duplicate; and 53. pp. 257, 258.]
Feb. 23.
Kensington.
122. Order of King in Council, referring to the Council of Trade the petition of Francis Brinley of Rhode Island, who prays His Majesty's order to the Judge of the General Court of Trials at Newport to allow him to try his title upon a new ejectment to three acres of land claimed by one Charles Dyer, or to be allowed to appeal. Signed, John Nicholas. Endorsed, Recd. April 14, Read April 21, 1699. Enclosed,
122. I. Copy of petition of Francis Brinley.
122. II. Memorial of same in support of his petition. Signed, Francis Brinley. 2 pp. [Board of Trade. Proprieties, 3. Nos. 9, 9 I., 9 II.; and 25. pp. 404–406.]
Feb. 23.
London.
123. Proprietors of Carolina to Josiah Blake, Governor "of that part of our Province of Carolina that lies South and West of Cape Fear." We transmit his Majesty's instructions for the better putting in execution the several laws that concern the Navigation and Trade of H.M. Colonies in America, and directions from the Lords Justices for the Naval Officer in order to his being a check upon H.M. Collector of Customs. We expect daily to hear of the arrival of Major Daniel's brigantine and to have some account of your affairs. Signed, Bathe Palatine, M. Ashley, Bathe for Lord Carteret, Wm. Thornburgh for Sir John Colleton, Wm. Amy, Wm. Thornburgh.
124. A similar covering letter to Nicholas Webb, Governor of the Bahama Islands. Prefixed,
124. I. Lords Justices of England to the Lords Proprietors of Carolina. His Majesty having been informed that the Naval Officers, persons appointed by the Governors of Plantations to take bonds and give certificates for clearing of ships, have generally neglected to comply with the direction of the late Act of Parliament for preventing frauds and regulating abuses, hereby orders that they shall give security for the due discharge of their trust to such person as shall be appointed by the Commissioners of Customs and that no certificates for clearing ships be admitted to be valid if signed by the Naval Officer of the Province without the concurrence of the Collector of Customs there appointed. Tho. Cantuar, Pembroke, Devonshire, Dorset, Marlborough. Nov. 13, 1698.
Jan. 22.
Kensington.
124. II. James Vernon to the Lords Proprietors of Carolina. I am directed by His Majesty to take especial care that the Commander-in-Chief for the time being of his province of Carolina inform himself of the principal laws relating to the Plantation Trade:—(i) Act of Navigation (12 Charles II.); (ii) Act for preventing frauds in the Customs (14 Charles II.); (iii) Act for encouragement of trade (15 Charles II.); (iv) Act for regulating the Plantation Trade (22 and 23 Charles II.); (v) Act for better securing the Plantation Trade (25 Charles II.); (vi) Act for preventing frauds and regulating abuses in the Plantation Trade (7 and 8 William and Mary); and take a solemn oath to do his utmost that they be punctually observed.
He must see that in accordance with the last-mentioned Act Naval Officers give security to the representatives of the Commissioners of Customs. By (i) no goods are to be exported or imported out of or into any of our possessions in America in any vessel not belonging to the people of England, Ireland, Wales or Berwick or not built in and belonging to any of our said possessions, or whereof the master and three-fourths of the mariners at least are English. By this is to be understood that the crew shall be such during the whole voyage except in case of sickness or accident. By (iv) vessels are not to be allowed to load cargos upon certificates of bonds given in Ireland. The Governor must carefully examine the certificates of ships giving security in England to bring their loading of Plantation goods to English ports and see that the security for similar bonds given in Carolina are good. Bonds must be given to carry such goods to some of our Plantations, England, Wales or Berwick and to no other place. He must transmit every three months to the Commissioners of Customs a list of all ships trading within Carolina, with copies of invoices of their lading. Other directions of the same kind for enforcing the laws intended to secure the trade and province to the native-born subjects of King William. Signed, Ja. Vernon. Six large pp. Annexed,
124. III. Form for list of ships entered and cleared in Rapahanuck, Virginia. [Board of Trade. North Carolina, 4. pp. 58–67.]
Feb. 23
Boston.
125. Minutes of Council of Massachusetts. Leave granted to Joshua Gee of Boston, shipwright, to build a house of timber with a brick front. Mary Gardner, of Salem, whose husband is supposed lost at sea over three years ago, permitted to marry again. Treasurer ordered to pay half the cost of repairing the Town House (£139 6s.) to Nath. Byfield, Simeon Stoddard and Isaiah Tay. [Board of Trade. New England, 49. pp. 194, 195.]
Feb. 23.126. Journal of Council of Trade and Plantations. Orders of Council of Feb. 9 and 16 read.
Mr. Churchill, stationer, and the officer of the Post-house ordered to bring their accounts.
Col. Bayard, desiring a hearing upon his late petition, was informed that His Majesty had some time past removed him from being of the Council of New York, and no charge was at present depending at this Board against him.
Feb. 24.Letter to Mr. Secretary Vernon signed, enclosing memorial from Mr. Weaver, Agent for New York, relating to recruits and money for the forces there.
Mr. Lucas opened the case he had previously presented in writing.
Representation upon passes signed and transmitted to Mr. Secretary Vernon. [Board of Trade. Journal, 11. pp. 398–400; and 96. Nos. 33 and 34; and Trade Papers, 14. pp. 197–199.]
Feb. 23–25.
James City.
127. Minutes of Council of Virginia. William Byrd was sworn into the Council. Ralph Wormeley and Richard Johnson unable to attend through sickness, and Benjamin Harrison because of his wife's death. Capt. Miles Cary appointed deputy-surveyor of Warwick and Elizabeth counties during William Lowry's absence in England. Navigation bonds and other papers left by William Randolph, the late Attorney-General, were delivered to his successor, Bartholomew Fowler, who, on the petition of John Wicket of Charles City County was ordered to prosecute James Minge, Clerk of that County, for taking illegal fees. John Taylor claiming the office of Clerk of that County Court, but being hindered from obtaining it by Minge, who had also begun a prosecution against him and Charles Goodrich but would not proceed with it, ordered that John Taylor and James Minge be suspended and the Attorney-General prosecute Taylor and Goodrich on Minge's charge. Richard Bradford, complaining against Minge for neglect of his office was left to his remedy at law. On the petition of Richard Bland and Robert Bolling, magistrates of Charles City County, a new Commission of the Peace was issued adding Capt. William Hunt, Micajah Low, Richard Bradford and Joshua Winn. Mr. Auditor Byrd presented the accounts of the public revenues, showing £4,793 14s. 7½ d. debit, and £160 credit received since last account. The account of the quit-rents showed a sum of £4,405 19s. due to His Majesty. Petition of some inhabitants of Wilmington to be taken into James City Parish, Lord Bellomont's letter and Col. Cadwallader Jones' proposition, both relating to a new trade with the Indians, referred for consideration till the meeting of a General Assembly. Writs for an Assembly to meet at James City, April 27, ordered and signed. A message from North Carolina about surveying and settling the bounds of the two colonies referred till the Assembly meets, and the representatives of North Carolina invited to attend on April 27. The sheriffs ordered to take care that all elections of burgesses be fairly made. Resolved that the establishment of an office for marine affairs be recommended to the Assembly. Consideration of H.M. commands relating to a Court of Exchequer, of the state of the revenues and fortifications, and of an Act for the Militia, referred to the next Assembly. John Tullit ordered to repair and fit up his house, where Mrs. Sarah Lee, alias Smith, used to live, for the use of the next General Assembly. William Byrd and Edward Hill ordered to view the fortifications at James City, and Edward Jenings and Matthew Page those at Yorke and Tindall's Point, and to examine the Gunners' accounts. The Commanders-in-Chief of the Counties ordered to return accounts of arms and ammunition. Attorney-General ordered to prepare a regular and practical method of granting escheat lands: petitions of John Smith, George Jordan and Abraham Edwards, for the escheat of lands, held over till that should be done. Proclamation ordered that all claims to lands in Pamunkey Neck or South of the Black Water Swamp be made before the end of next General Court. Petition of David Jones against Peter Heyman referred to the Attorney-General. Henry Fox, Capt. William Clayborne, Capt. Willis Wilson, James Howell, John Waller, and Richard Anderson added to the Commission of the Peace for King and Queen County. Matthew Driver's information against illegal traders entered in the Council Books. Letters from the Commissioners of Customs for the discharge of two navigation bonds read and sent to the persons concerned. Ordered that, at the time for taking the lists of tithables, lists of all people of what age, sex, condition or religion soever they be, be taken too. Inquiries ordered to be made as to what seals are in use in this colony and what warrants there are for using the seal of the colony. Mr. Attorney-General ordered to consider whether the Council be a Court of Record and its books records. Warrant signed for £400 to Mr. Commissary Blair on account of arrears. Edmund Jenings, Collector and Naval Officer of York River, Edward Hill, of the Upper District of James River, and Peter Heyman, of the Lower District of James River, made oath to their accounts of 1d. per lb. due to the College of William and Mary in Virginia. Capt. Miles Cary, appointed Surveyor-General of the Dominion by the trustees and founders of the college, was sworn to the due execution of his trust. Fees in the Court of Admiralty were ascertained till further order as follows:—To the judges 5 per cent., to the register 2½ per cent., and to the marshal 2½ per cent., upon the sum decreed to be paid; Edward Hill was sworn Judge of the Court of Admiralty; Miles Cary, Register; John Taylor, King's Advocate; Michael Sherman, Marshal. Capt. Willis Wilson petitioning to be reimbursed for his expenses in endeavouring to save H.M.S. Swift and H.M. Ketch Row, the rigging, tackle, etc. of these vessels ordered to be sold and the auditor to adjust all claims. Capt. John Aldred, commander of H.M.S. Essex Prize, transmitted to H.E. an account of the condition of his ship, and what men he had pressed by virtue of a warrant received here, and a copy of his instructions. Mr. George Blighton, appointed agent by the Earl of Romney to receive for him His Majesty's part in all prizes carried into Virginia, directed to make his claims next Council when his letters of attorney had been proved. The Indian Interpreters ordered to bring the several Nations of Indians on May 1st to pay their tribute to H.E. at Middle Plantation. Attorney-General ordered to prosecute Samuel Thompson, the Sheriff of Westmoreland, for not apprehending John Cood according to his duty. William Thompson, his father, who had written to offer excuses for him, ordered to attend on April 17. Proclamations ordering the release of certain French prisoners named in the Lords Justices' letter of Sept. 20, 1698, and the apprehension of John Cood ordered to be prepared. [Board of Trade. Virginia, 53. pp. 167–181.]
Feb. 24.
Whitehall.
128. Council of Trade and Plantations to Mr. Secretary Vernon. In our letter of Dec. 8 we desired you to lay before His Majesty some things relating to the Five Nations of Indians in the neighbourhood of New York, who have always lived in a dependency and subjection to the Crown of England. We added our humble opinion that the said Indians ought to be preserved and supported by His Majesty by being comprehended in the general Peace and otherwise protected as to His Majesty should seem fit. Having understood from you that the matters in difference between His Majesty and the French are now under consideration, and it seeming necessary that the Province of New York, with reference to our Indians, be in the present conjuncture particularly taken care of, we are the rather induced to pray you to lay before His Majesty the enclosed Memorial. (No. 121). We understand from the Earl of Bellomont that 250 or 300 men will be necessary for the filling up of the companies there, which are by establishment four companies of foot of 100 men in each. Without such recruits and payment as proposed by the memorial, that province will be exposed at this time to attempts which may be very prejudicial to His Majesty's right in those parts and ruinous to our Indians. Signed, Tankerville, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill. [Board of Trade. New York, 8A. No. 12A; and 53. pp. 258, 259; and 44A. No. 28.]