America and West Indies
May 1699, 26-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1908

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249-265

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'America and West Indies: May 1699, 26-31', Calendar of State Papers Colonial, America and West Indies, Volume 17: 1699 and Addenda 1621-1698 (1908), pp. 249-265. URL: http://www.british-history.ac.uk/report.aspx?compid=71040 Date accessed: 20 September 2014.


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Contents

May 1699

May 26.Proceedings of the Governor in Council considered. Reply resolved. (See abstract of Journal of General Assembly May 26 and June 2.) Address of thanks to the Governor for his speech etc. ordered. Capt. Thomas Jorden, Sherif of Nansemond County, ordered into custody to answer the complaint of undue election of Mr. Godwin. Mr. Cock granted leave of absence till Monday. Theoderic Bland and Edwin Thacher appointed to lay out the land for the State House. Method of amending Bills—amendments to be made in a distinct paper and not in the Bills themselves till agreed upon—adopted. Amended Bills, appointing Committee for revising laws and confirming titles to Crown Lands, read the second time and ordered to be engrossed. State House Bill read the first time. [Board of Trade. Virginia, 52. pp. 432–441.]
May 26.454. Memorandum of Papers relating to the Scotch Settlement on the Isthmus of Darien. [Board of Trade. Plantations General, 35. p. 43.]
May 26.455. Memorandum of Report upon the Scotch Settlement at Darien delivered to Mr. Secretary Vernon, May 27, 1699. [Board of Trade. Plantations General, 5. No. 14.]
May 26.456. Report of the Council of Trade and Plantations upon the Scotch Settlement upon the Isthmus of Darien. The charter granted to the Scotch Company contains these three restrictions:—either not to plant upon places inhabited or, if inhabited, not without consent of the inhabitants; nor upon places possessed by any European Prince or State. The memorial says that the Scotch Fleet in November, 1698, arrived on the N. side of Darien and pitched on a place never before possessed by the Spaniards. The whole weight of the controversy turns upon this. If it was possessed, the descent made by the Scotch is not only a manifest contravention of the conditions of the Patent but also an open violation of the Treaty betwixt England and Spain 1670, Art. VII. and VIII. It is not sufficient to alledge that the inhabitants invited them, for the Indians of those parts are a wild sort of people, sub-divided into small clans, and can do nothing to the prejudice of the supreme sovereign of the whole country, which the Spaniard hath from the first discovery claimed to be. The memorial challenges the Spaniard to prove his possession. Such a proposal will be entertained by the Spaniard with great disdain and give, we fear, too just an offence, that what they call an indisputable and uncontravened right, grounded upon near 200 years' prescription, and in the enjoyment whereof they were never disturbed by any European Prince or State, none of them having so much as attempted to make any colonies or settlements of their subjects in those parts, they should now of a sudden, after an open invasion, as they will call it, be required to prove their title and possession. Besides, what tribunal can be erected? No doubt the Spaniards are the best able to prove the validity of their title, if they would suffer it to be called into controversy. But by the printed books of good authority it appears that they planted themselves in the Province of Darien in 1510, very near, if not in the self-same place, where the Scotch now are, and that one Enciso, a Spaniard, first discovered the River called Darien, and built a town upon it, which he called Sta Maria Antigua, which was afterwards honoured with the title of a Bishopric. After Vasquez Nunez Balboa had discovered the South Sea, Petreio Davila, then Governor of the Province of Darien under the King of Spain, removed the inhabitants from Sta Maria, 1519, to Panama, alleging the unhealthiness of the air. And it appears the Province of Darien has been so divided by the Government of Spain that all on the one side of the river was allotted to the Audiencia or Presidentship of Panama, and the other side to that of Carthagena. And though the Spaniards have built several towns in the Province and afterwards demolished them and removed to other places, yet this changing of habitations amongst private persons was no dereliction of the territorial property of the Province, but that still remained entire in the Crown of Spain. And though perhaps there is not one village in Darien at present inhabited by Spaniards yet they never counted themselves to have quitted the possession of it, but only are retired to other habitations more convenient for health or trade, to Panama, Portobello and Carthagena, which places, as the Scotch Memorial acknowledges, are the extremities which in a manner environ the Isthmus of Darien. No subjects of any European Prince have ever attempted to plant any settlement there, not out of ignorance of those parts, but solely because such a thing could not be compassed without an open rupture with Spain, who secure their possession of Darien by their Armadilla or Barlovento Fleet, which arrives yearly upon that coast.
The treasures of Peru are carried over the South Sea to Panama, and thence overland by the Province of Darien to Portobello, so that the Spaniards will unavoidably be ever jealous of any neighbourhood which may in time extend itself to interrupt the communication betwixt the South and the Northern Seas. And this country is situated betwixt the two Empires of Peru and Mexico, and the Spaniards will never suffer any Europeans to plant themselves upon the main land betwixt those two Empires. They would never permit us so much as to cut logwood in the Bay of Campeche, upon the coast of Jucatan, lying upon the same tract of land, near which, at a place called Port Royal, there was lately a small colony of about 300 English, disavowed by the Government of England, which the Spaniards seized, destroying many of them upon the place and carrying others to Mexico, where they kept them working in chains upon the fortifications. This they did lest we should habituate ourselves in those parts and plant there. Such is the claim of the Spaniards to this country that the planting upon Darien is what will touch them in the most sensible and vital part, and that if this design of the Scotch be carried on it will inevitably in the end involve his Majesty in such misunderstandings with Spain as may prove fatal to the peace and good accord betwixt the two Crowns. Endorsed, May 26, 1699. 4½ pp. Enclosed,
456. I. Extracts from Johannes de Laet's description of America, referring to Darien and Panama. Translated, 5½ pp. [Board of Trade. Plantations General, 5. Nos. 15 and 15 I.]
May 26.
Whitehall.
457. William Popple to John Burchett. The Council of Trade and Plantations desire you to move the Lords of the Admiralty to order the Captain of the Deal Castle to receive on board the clothing and recruits for the Company at Newfoundland, which will be ready at Portsmouth about ten days hence. [Board of Trade. Newfoundland, 25. p. 312.]
May 26.458. Col. Codrington to William Popple. Upon sight of my instructions I have drawn up the following considerations in concurrence with a gentleman who best knows the constitution and all the circumstances of the Leeward Islands. The instruction I am most inclined I shall be least able to observe. I have always thought it very barbarous that so little care should be taken of the bodies and so much of the souls of our poor slaves. Their condition has cost me many a mortifying reflection, and yet I know not how I shall be able to mend it in any one respect but feeding my own slaves well. I shall be certainly opposed by all the Planters in general if I should go about to secure their limbs and lives by a law, though I will certainly recommend something of the kind, but much more if I should promote the baptizing of all our slaves. And in this the Planters have much to say for themselves, for 'tis certain the christening of our negroes without the instructing of them would be useless to themselves and pernicious to their masters, and 'tis evident the few and the very ill-qualified clergymen who go to the islands are not only insufficient for such a work, but can do no service to the white heathens they find there by their teaching or example. Indeed, a work of this nature is only fit for a regular clergy who are under vows of poverty and obedience. The secular clergy who will be sure of their hire before they set about their task do not think the hope of a reward in another world sufficient encouragement to turn missionaries. I would humbly propose this might be recommended to the consideration of the Archbishop and Bishop of London. If they can find such a number of apostolical men who are willing to take much pains for little reward, my protection and countenance shall not be wanting. I am very sincere in this matter and will have nothing to answer for; as an inconsiderate zeal shall not put me upon an attempt that will not answer its end, so no consideration of interest shall hinder me from promoting boldly and impartially a design that may be pleasing to God and truly beneficial to my fellow-creatures. Signed, Chris. Codrington. Endorsed, Recd. May 23. Read May 26, 1699. 4 pp. Enclosed,
458. I. Remarks on the Instructions intended for Col. Codrington. (1) It has been the custom in passing Acts, immediately before the enacting words to pray His Majesty that it may be enacted. This form is omitted in the Instructions. Is the form of praying His Majesty to be omitted? (2) In the Leeward Islands laws are made by the Chief Governor and General Council and Assembly; these bind all the islands, or by the Chief Governor, and in his absence by the L.G., of the respective islands and the particular Councils and Assemblies; these are in force only in the islands where they are made. These various forms of law require a variety in the enacting style not noted in the Instructions. (3) Is the Chief Governor to transmit home all laws passed in the several islands, whether he approves of them or not, and are laws passed by the particular Lieutenant-Governors, Councils and Assemblies to be in force until the public seal be first affixed to them by the Chief Governor? (4) Is not the instruction, which takes away the discretionary power of making trial of new laws by enacting of them only for a time, prejudicial? (5) How is the Governor to pay for the copies of the accounts he is required to send home, and is he to delay the execution of his instructions, such as to build storehouses, keep a census, etc., till he can persuade the inhabitants to be at the necessary expense? (7) The scarcity of fit persons to serve as Judges and of the Council makes this instruction very inconvenient. (9) (ii) It would be well to define the powers of the L.G. in absence of the Governor. (10) Is it intended that the Lt.-General, unless he is also Lieut.-Governor of some one of the islands should succeed in the Government in case of the death or absence of the Governor, and is it not more expedient that in such case the Government devolve on the Island of Antigua and not on the Island of Nevis, which was formerly the most considerable of the Leeward Islands and the usual residence of the Chief Governor; but at this day Antigua is more considerable than the other three islands, and as it has for some time been so, 'tis absolutely the most proper residence for the Chief Governor, being the most windward of the Leeward Islands. (12) Should not the instruction to former Governors, to commute the duty of 4½ per cent., if it might be done to the greater satisfaction of the inhabitants and without damage to the King, be continued? Note by Codrington: For my own particular I am glad it is omitted. The collecting of the duty might be made more easy. 3 closely-written pp. Stuck on back,
458. II. Notes on above observations. (1) The words "to pray his Majesty" not to be omitted. (2) No alteration intended from what has been the former practice. (3) The Laws of the several islands must be sent whether the Captain-General approve of them or not. The seal which he is to affix is not to make the laws valid, but only to authenticate the copy of them. (5) He must take care to get the thing done, as all other Governors do. [Board of Trade. Leeward Islands, 6. Nos. 23, 23 I., 23 II.; and 45. p. 364.]
May 26.
Antego.
459. Deputy Governor and Council of Antigua to Council of Trade and Plantations. With reference to Mr. Lucas' memorial, we bear great respect to the memory of our late General Codrington, and are extremely pleased that His Majesty designs his son to succeed him. Signed, John Yeamans, Row. Williams, John Tankerd, John Frye, John Hamilton, Hen. Pearne. Endorsed, Recd. from Mr. Cary, July 18, 1699. [Board of Trade. Leeward Islands, 6. No. 24; and 45. pp. 387, 388.]
May 26.
St. John's.
460. Minutes of Council and Assembly of Antigua. The Council suggested that the supernumerary men who formerly belonged to Col. Holt's regiment should do guard duty and be given free quarters. The Assembly replied that they did not think this necessary: with their pay and the fruit of their labours they were earning a comfortable subsistance already. The Assembly proposed, in order to increase the currency and keep it in the island, that all Dogg and Lyon dollars and Souse marks, which were not mentioned in a former Act for establishing the rates of what money should be accepted, should now be taken by the Treasurer. The Council concurred, fixing the value of the dollar at 4s. 6d. and the English crown at 7s. 6d. The Council and Assembly appointed a joint Committee to consider the building of a platform at Parham. 20 hogsheads of sugar were ordered to be shipped to pay arrears due to the agent of the island. The petition of Mr. Langford relating to the sale of his ward's land was granted. The petition of John Kerr and Martin Lavicount, executors to George Baker, was considered, and they were appointed to manage the estate in the interest of the children, good security being given to Mr. Howell, who had married the widow Baker, that what part of it belonged to her should be paid. Fifty acres of waste land to the windward of Belfast granted to Henry Norton. [Board of Trade. Leeward Islands, 64. pp. 304–309.]
May 26.461. Minutes of Council of Barbados. Leave granted to Miles James, Guardian of Francis Tully Emperor, a lunatic, to send him over to Bedlam. The Assembly attended with an Explanatory Bill for the Provision of Servants, and asked for the issue of two writs for the election of members of Assembly in place of Thomas English and Major Gallop, deceased. Members of Council and Assembly took the oaths of Assessors appointed by the late Act. [Board of Trade. Barbados, 65. p. 398.]
May 26.
Boston.
462. Minutes of Council of Massachusetts Bay. H.E. the Earl of Bellomont, Captain-General and Governor-in-Chief of the Province of Massachusetts Bay, arrived, took the oaths appointed and published a Proclamation continuing all officers in their posts. [Board of Trade. New England, 49. p. 208.]
May 27.463. Minutes of Council and Assembly of Nevis. Order that, whereas H.M.S. Queenbrough, having returned from cruising after Capt. Kidd, had lost above 23 men by a contagious sickness, and put 20 odd men sick ashore, no seamen out of the ships in the Road were to be impressed by her officers. Notice given to the ships to this effect. Capt. Rupert Billingsly, sick, granted ten days' leave on shore. Small-pox being very violent in the French part of St. Christopher's, a proclamation was issued forbidding any person to come ashore thence without licence from the President and Council. [Board of Trade. Leeward Islands, 64. pp. 497–499.]
May 27.464. Lords Proprietors to Nicholas Webb, Governor, of the Bahama Islands. We have received your letters of Oct. 14 and Dec. 7th, 1698. In the former you give an account of expeditions fitted out by you in search of Kelly, etc., by which you were out of pocket at least £80. In the latter you give an account that one Edwards claimed a brigantine taken and shared by you and the captors, of which you made no mention. Comparing the reports we have by way of New England and Jamaica with your relation we cannot be without some jealousy of that proceeding, but wait for your justification of yourself. You send us an account we cannot allow of, the disbursements being contrary to your instructions. We have constituted Richard Tulliafero to be our judge in all cases civil and criminal which may happen within the Bahama Islands. We have sent him the same commission as we have granted to our Judge in Carolina, and several of us have sent deputations under our hands and seals for our deputies, both which we intend to be a standing rule in the time of succeeding Governors, the Governor only to have power to nominate deputies in case of death or departure from the islands, until we have otherwise ordered. If the inhabitants of Providence are of opinion that what you have laid out upon the fort be so very advantageous to them as the Address seems to intimate, it being laid out without any order of ours, they ought to take care to have you reimbursed by an Act of Assembly. We wonder you should take upon you to advise us now that the Address sent us home by you from the Assembly about Dudgeon's Grant need not be taken notice of, when we ought to blame both you for suffering and them for sending such one, wherein our right of disposing what is ours is invaded. Signed, Bathe Palatine, Bathe for Lord Carteret, Wm. Thornburgh for Sir John Colleton. [Board of Trade. North Carolina, 4. p. 68.]
May 27.
London.
465. Lords Proprietors to the Governor and Council of the Bahama Islands. We cannot approve of the Governor by order of Council fitting out 5 sail of men-of-war, having no such direction from us. The Governor has sent us an accompt, which is pretended to be audited and approved of by some of you, which we know of no authority you had to do, and which you own is passed in a great measure without vouchers, and that chiefly about expenses for the fort, for which he had no order from us and ought to have received no encouragement from you. What causes in equity are heard by the Governor are to be in open Council; the complaint, answer, evidence and decree to be entered upon record. Signed as preceding. Annexed,
465. I. Commission to Richard Tulliafero to be Chief Justice of the Bahama Islands. May 23, 1699.
465. II. Appointments of Richard Peterson to be a deputy for John, Earl of Bath, Palatine, as one of the Council of the Bahamas; of Martin Cock, to be deputy for Lord Carteret; of Richard Tulliafero to be deputy for Lord Craven; and for Major Perient Trott to be deputy for Sir John Colleton; and of Thomas Gower to be deputy for Maurice Ashley, Esq. [Board of Trade. North Carolina, 4. pp. 69–71.]
May 27.
Newport,
Rhode Island.
466. Governor Cranston to the Council of Trade and Plantations. Your letter of Oct. 25 came to our hands April 5. We shall not justify ourselves for the long interval between your letter of Feb. 9 and our answer, but shall in the future endeavour to be more diligent. But we have no shipping that sails directly from this colony, and are often disappointed for want of timely notice. We do not vindicate ourselves for having erred through ignorance in treatment of pirates, but only as to our innocence. We humbly beg pardon, and will follow the instructions you have now sent us. We send, as desired, copies of all private commissions granted from this government. They are only defensive, and were granted by the deputy-governor, contrary to the mind of the then governor, and he, not knowing the due form, took out no bonds, concluding, as he hath solemnly declared, that they were bound upon a merchandizing voyage. We also send as required copies of the trial of Georg Cutler and Robert Munday, etc., and of the laws and acts of this government. We have received letters bearing date Feb. 3, with instructions relating to the Acts of Trade, with which we shall comply, and Jan. 24 concerning the Scotch expedition, with regard to which we send a copy of our proclamation.
The beginning of April a ship was sunk on our coast by the crew, as they have confessed. Repeats Bradish affair. We have £1,200 in our hands. We are a plain and mean sort of people, but very loyal, though we have many enemies, one Esqr. Randolph, for instance. We beg you will not entertain any report against us till we can answer for ourselves. We have appointed Jaleel Brenton to answer for us. Signed, Saml. Cranston, govr. Endorsed, Recd. from Mr. Brenton, July 31. Read. Aug. 7, 1699. 3½ pp. Annexed,
466. I. Abstract of preceding letter. 1 p.
466. II. Petition of William Mayes, Master of the Pearl, for a defensive commission against H.M. enemies. Newport, Dec. 3, 1694. Signed, Wm. Mayes. Attested, John Greene, Dep.-Governor. 1 p.
466. III. Copies of clearance of the Portsmouth Adventure, Richd. Sheuers, master, Dec. 16, 1694, and of the Pearl, Wm. Mayes, Dec. 17, 1694. 1 p.
466. IV. Copy of a Commission of War granted to Wm. Mayes, Dec. 10, 1694. Signed, John Greene. 1 p. Endorsed, Recd. July 31. Read Aug. 7, 1699.
466. V. Copy of a Commission of War granted to John Banks, Dec. 10, 1694. Signed and endorsed as preceding. 1 p.
466. VI., VII. and VIII. Copies of the proceedings at the trials of Richard Cornish, Georg Cutler and Robert Munday for piracy. Newport, March 28, 1699. Signed, Sam. Cranston. Endorsed, Recd. July 31, 1699. 12¼ pp.
466. IX. Copy of Examination of Robert Mason, one of the men that ran away with Capt. Gullock's ship. Newport, April 20, 1699. Endorsed as preceding. 1¼ pp.
466. X. Copy of a Proclamation by the Government of Rhode Island prohibiting correspondence with the Scotch at Darien. Newport, May 26, 1699. Same endorsement. 1¼ pp.
466. XI. Abstract of the Laws of Rhode Island, May 5, 1665–May 4, 1698. 87 pp. [Board of Trade. Proprieties, 3. Nos. 32, 32 I.–XI.; and (without enclosures) 26. pp. 57–65.]
May 29.
Boston.
467. Governor the Earl of Bellomont to the Council of Trade and Plantations. I arrived here the 26th inst., having left N. York on the 16th, and prorogued the Assembly the morning I came from thence. I had writ several letters, but having not had time to finish that which treats of the affairs of the Assembly, because of proroguing them, I have since had a fit of the gout by taking cold at sea, so that I cannot well finish my packets and make 'em up timely enough to send by this ship, but will send them next week. The Assembly of New York have settled the revenue for six years after the year which is still unexpired of the former term. They have also passed some good Acts besides, all which I intend shall be transmitted to your lordships very speedily. One of the Acts, for vacating the two extravagant grants from Col. Fletcher to Mr. Dellius, that to Col. Bayard which took in also part of the Mohacks' land and of which they complained to me, that to Capt. Evans, that of the Governor's demesne to the Church and that to Mr. Cabel Heathcote, has raised against me the most implacable rage of the grantees, and the other people who have grants full as extravagant and ruinous as these to the interest of the Provinces are alarmed and become as much my enemies as those the Act dismounts of their grants. But having the order of the Lords Justices, I value not the resentment of a few undeserving men, being sure 'tis not for the interest of the Crown or the Provinces that three-quarter parts of the lands should be in the hands of ten or eleven men. Therefore am I for abolishing the rest of the Palatinates (for such vast tracts deserve no less a name) the next Session, if I have strength. But, indeed, I can promise nothing without a good lawyer to be Chief Judge and to sit in Council, and a good active lawyer to be Attorney-General. I have stood single on my own legs in all these difficulties, and 'tis impossible for me always to bear all the burthen of business. The Bill for vacating grants begun with us at the Council Board, and we sent it down to the Lower House, and there they added a clause for depriving Mr. Dellius of his benefice at Albany, so that we were obliged to pass that clause as part of the Bill or we must have lost the Bill, and I thought it better to loose a wicked clergyman than a good Bill.
One of the letters I have prepared for your Lordships treats wholly of Naval Stores, wherein I demonstrate plainly that the province of New York is the only fit place for the King and Nation of England's being supplied with pitch, tar and rozin, and I believe masts too (repeats part of letter of April 17 and (May 15) his comment on the caution given him not to pass an Act for reimbursing Leisler's party). Holograph. 4½ pp. Signed, Bellomont. Endorsed, Recd. July 15. Read Aug. 10, 1699. Prefixed. Abstract of above. ½ sheet. Enclosed,
467. I. Printed Copy of Lord Bellomont's Proclamation, May 15, 1699, about the Scotch at Darien. Endorsed, Recd. July 15, 1699.
467. II. Printed Copy of Lord Bellomont's Speech to the Assembly, March 21, 1699. 3 pp. Endorsed as preceding. [Board of Trade. New York, 8A. Nos. 32, 32 I., 32 II.; and (without enclosures) 53. pp. 310–315; and 45. pp. 35, 36.]
May 29.468. Petition of Sir Thomas Lawrence, Bart., late Secretary of Maryland. Edward Cranfeild has enjoyed the office of Commissioner of Customs in Barbados for several years, and also the place of Clerk of the Naval Office. He is now in England, and intends to officiate through his deputy in the island, Mr. Cox. The petitioner, in consideration of the losses and hardships he has suffered in His Majesty's service under the oppressions of Colonel Lionel Coply, late Governor of Maryland, begs for the grant of the above posts for himself during residence. Copy. On back,
Whitehall.468. I. Referred for consideration and report to the Council of Trade and Plantations. Signed, James Vernon. Endorsed, Recd. Read May 31, 1699. 2 pp. [Board of Trade. Barbados, 8. Nos. 2, 2 I.; and 44 A. pp. 280–282.]
May 29.469. Petition of Col. Francis Collingwood praying for the place of Lieut.-General of the Leeward Islands vacant by the death of Col. Hill. Referred for consideration to the Council of Trade and Plantations. Signed, Ja. Vernon. Endorsed, Recd. Read May 30, 1699. [Board of Trade. Leeward Islands, 6. No. 25; and 45. pp. 364, 365.]
May 30.470. Abstract of Papers relating to the English Title to Penobscot [see No. 108]. In 1621 King James I. first made a particular grant of Nova Scotia to the Earl of Sterlin, who sold his right to M. Claude de la Tour, a Frenchman, to be held under the Crown of Scotland. About this time, or probably some time before, some inhabitants of Plymouth seated themselves in the country about Penobscot, but were several times disturbed by the French, who either through M. de la Tour's purchase or some sort of concession obtained from Charles I., had got some footing in Nova Scotia, and pretended to extend their jurisdiction over Penobscot also.
In 1654 Cromwell sent a fleet and seized upon all, both Nova Scotia and Penobscot, as being antiently part of the English Dominion, and thereupon the French proprietor, son of the forementioned De La Tour came into England and sold his whole rights and title to that country to Sir Thomas Temple and Mr. Wm. Crown. They enjoyed the same till 1667, when it was agreed by the Treaty of Breda that Nova Scotia should be surrendered to the French, which was done by Temple in 1670. But he and Crown having agreed upon some division of the country between themselves, in which Penobscot fell to Crown's share, when the surrender came to be made, Temple being then upon the place, and willing to ingratiate himself with the French, delivered unto them Penobscot also, with which Charles II. was displeased. Not long after, a war happening between France and Holland, the Dutch took from the French the fort that had been built at Penobscot by Temple or Crown, which they demolished and quitted. Charles II. then ordered the Governor of New York to take that country under his jurisdiction, and it was annexed to the Government of New York by the Duke of York's Patent for the same. But the French still keeping possession of some parts of it, Sir Edmund Andros, Governor of New York, invaded them and took the habitation of M. Costien, a Frenchman, near the entrance of Penobscot River. Since his Majesty's accession, Penobscot and Nova Scotia also have been by the Charter of the Massachusetts Bay annexed to the Government of that Colony.
Extract of Mr. Crown's Memorial concerning the English title to Penobscot. Sir Thomas Temple, out of enmity and hatred to William Crown, went beyond his commission and delivered up Penobscot to the French, but Charles II. would not consent to it.
Extract from Heylin's Cosmography. Nova Scotia containeth that part of the countries of Canada or Nova Francia which the French call Accadie or Cadie, being a peninsula, with so much of the mainland as lieth between the River Canada and the large Bay Francoise from the river of St. Croix upon the west to the Isle of Assumption alias Nantiscotec in the mouth of the River Canda on the east.
Abstract of a paper drawn up by the Board of Trade and Plantations for the use of the English Commissioners appointed to treat with the French.
Sta. Croix by the antient patents and later grant to the Duke of York is the north-easternmost bound of Nova Scotia.
Penobscot was the outermost fort of the English to defend the country as far as Sta. Croix, which was demolished 1672, and the English afterwards defended that country by Pemaquid. Pemaquid has for 30 years and upwards been in the uninterrupted possession of the English and often visited by Governor Sir Edmund Andros. It was taken by the French and Indians in 1696 and demolished, and the people were forced to retire nearer Boston for their security. If the French are now in possession of it, they ought to restore it to us in pursuance of the treaty, as we have rendered St. Christopher's to them. Endorsed, May 30, 1699. 6 pp. [Board of Trade. Plantations General, 5. No. 16; and 35. pp. 44–47.]
May 30.
Whitehall.
471. Journal of Council of Trade and Plantations. Mr. George Larkin, recommended by Sir Charles Hedges as fit to be employed in inspecting the trade at Newfoundland, attended as desired, and expressed his willingness to go.
Col. Collingwood's Petition to be L.G. of the Leeward Islands read.
Extract of advices from Jamaica to Mr. Heathcote read, and ordered to be sent to Mr. Secretary Vernon.
May 31.Petition of Sir Thomas Lawrence read and referred to the Treasury.
Representation upon Col. Collingwood's petition signed and sent to the Council Board. [Board of Trade. Journal, 12. pp. 58–60; and 96. Nos. 88, 89.]
May 30.472. Minutes of Council of Virginia. Coroner's inquest on the body of Sarah, wife of Samuel Bray, of Charles City County, delivered to Mr. Attorney General to prosecute the offenders mentioned. £10 given to Mr. Commissary Blair to divide among ten ministers who preached last General Court and this General Assembly.
Offenders in the Nansemund affair ordered to be prosecuted. Complaints of evil and seditious practices used by the people called Quakers referred to Mr. Blair to consider how to prevent the like in future.
May 31.Peter Hack, Deputy Collector, reporting that William Alding, master of the Good Speed of New England, had made a legal entry, but sailed out of Potowmeck River without clearing, prosecution ordered accordingly. Mr. Attorney General reported his opinion that entries in the Council Books are not Records. Mr. Deputy Secretary replied to H.M. instructions concerning his office, and Mr. Attorney General was ordered to prepare bonds and oaths proper to be taken by Mr. Secretary and his clerks.
June 1.John King examined concerning the libel published by Samuel Grey. Petition of James Mason for a horse forfeited to the King by the death of Thomas Binns, of Surrey County, referred to Col. Harrison. Barentine Howell's complaint against Daniel Parke, late escheator of York County, referred to the Attorney General. [Board of Trade. Virginia, 53. pp. 263–266.]
May 30
and 31.
473. Journal of General Assembly of Virginia. The two Bills as agreed to by the House of Burgesses, May 25, passed. Bills for lightening the poll tax, taxing imported servants and slaves and liquors, appointing a treasurer and a committee to revise the laws, and confirming titles to Town Lands presented and read a first and second time.
June 1.The Book of Public Claims sent from the House of Burgesses was read and agreed to, with an amendment. Bill against the exportation of corn read a third time, with amendments. The Bill for ascertaining the value of money rejected and the matter thereof referred to the Committee for revising the laws. The Burgesses attending, the Governor communicated to them H.M. instructions about the Collectors and Naval Officers, and recommended them to make a law to ascertain the fees they thought necessary to be taken by them. He also recommended them to come to some conclusion about the Nansemund affair.
June 2.Bills for revising the laws, and confirming titles to Town Lands, passed with amendments. Report of the Committee to settle the claims to Blackwater and Pamunkey lands agreed to and sent to the Burgesses. It was decided not to be convenient to send to the Piscatoway Indians, who were said to be harbouring Indian Tom in an island in Potomac River, for the islands in Potomac belong to Maryland, but to issue a proclamation for his apprehension, and acquaint the Governor of Maryland. The House of Burgesses signified their acceptance of the amendments to the Book of Claims and Bills for appointing a committee to revise the laws and confirm the titles to town lands. H.E. read the Address of the Burgesses in reply to his speech at the opening of the session. With regard to the Instructions; they conceived that their House was not concerned in transmitting the laws and that a levy by poll was the best and most equal method of defraying the public charges. They did not approve of the proposal to empower the Governor and Council to raise, if necessary, a general levy. They could not answer about the anticipation of the revenue. They would observe the proposal to make all laws without limitation of time. The holding of Courts ought to be at times appointed by law. The sending over a survey did not concern their House. His Majesty's favour in permitting a free trade with the Indians was acknowledged and already complied with by a Bill. The limitation of appeals to the General Court had been referred to the Committee for revising the Laws. Inhumane severities to Christian servants were already provided against by law. Negroes born in the country were generally baptized, but for negroes imported, the gross barbarity and rudeness of their manners, the variety and strangeness of their languages and the weakness and shallowness of their minds rendered it in a manner impossible to attain to any progress in their conversion. And as to the conversion of the Indians they made no doubt of the care of the Royal College therein, being encouraged and obliged thereto by the donation of a pious and noble benefactor (Hon. Robert Boyle). The country was not in a capacity to raise money and build public workhouses for the employment of the poor, who were already by law provided for an easier way; nor could the country afford at present to build a State House. The proposal to list and arm Christian servants would be very burden-some, uneasy and ruinous to the inhabitants. For besides the loss to the owners of their service, the "Christian servants in this country for the most part consist of the worser sort of people of Europe, and since the Peace, such numbers of Irish and other nations have been brought in, of which many have been soldiers in the late wars, that in our present circumstances we can hardly govern them, and if they were armed and had the opportunity of meeting by musters, we have just reason to fear they may rise upon us; and if there should be occasion for the defence of the country (which God forbid), to make use of them, 'tis much to be doubted that for the sake of their freedom and the difference of the religion of a great many of them (especially the Irish) and for other reasons, they would rather be our enemies than contribute to our assistance." The proposed alteration in the Militia they referred to the Committee for the revisal of laws. The fortifications being decayed and ruinous, they proposed that there should be no further charge about them, and that the powder be distributed in the several counties. Insurrection might be suppressed by the Militia, and the proper defence of the country against an enemy by water would be by naval force, if not too chargeable. For present purposes the taxes seemed sufficient, but in case of necessity the Governor and Council might raise one Lieutenant and eleven Rangers for defence of the Frontier against the Piscatoway Indians, whose behaviour seemed threatening, or raise men in case of war with an outside enemy. [Board of Trade. Virginia, 52. pp. 118–145.]
May 30
and
May 31.
474. Journal of House of Burgesses of Virginia. Revisal Bill, and Bill for confirming titles passed with amendments. Bills appointing Treasurer and taxing liquors and servants passed. Bill for the building of the Capitol read the second time and committed.
Some libellous verses directed to Mr. Speaker being read, and Mr. John King, New Kent County, being summoned said they were the same as some read to him by Mr. Grey, a minister in Middlesex County. Ordered to be sent to the Governor with a view to a prosecution. The Book of Claims was agreed to and sent up for concurrence.
June 1.Mr. Perrigrin Cony, Chaplain of the House, being sick, returned thanks by letter for his allowance of £20. An address to the Governor for restraining the killing of whales was ordered. The hearing about Mr. Godwin's election was adjourned.
June 2.Address to the Governor prepared. Report of Committee about Pamunkey lands and bounds of Virginia presented. (And see preceding abstract under date.) Address in reply to the Governor's speech approved and presented. Bills prohibiting export of corn, appointing a Committee for revising the Laws, confirming Titles, and the Book of Public Claims, sent down by the Council with amendments, were agreed to. Mr. Allerton and Mr. Lloyd were granted leave to go home. On examination of the matter of the election for Nansemond County, the Sheriff was ordered to amend his return by rasing out the name of Thomas Godwin and inserting that of Thomas Milner. Committee for proportioning the public levy appointed. Address to the Governor for the restraining the killing of whales sent to the Council for concurrence. [Board of Trade. Virginia, 52. pp. 441–457.]
May 31.
Whitehall.
475. William Popple to William Lownds. The petition of Sir Thomas Lawrence for the places of Commissioner of the Customs and Naval Officer in Barbados is referred to the Lords Commissioners of the Treasury, on whom those offices depend. [Board of Trade. Barbados, 44A. pp. 281, 282.]
May 31.
Kensington.
476. Order of the King in Council, referring the report from the Commissioners of Customs to the Commissioners of the Treasury, upon the complaint of Mr. Sharp, Commissioner and Collector of Customs at Bridgetown in Barbados, to the Council of Trade and Plantations, to examine and report upon. Signed, John Povey. 1 p. Endorsed, Recd. June 7, Read June 20, 1699. Enclosed,
Feb. 21.
Custom
House,
London.
476. I. Commissioners of Customs in reply to enquiry from the Council of Trade and Plantations through Mr. Lowndes' letter Dec. 20, 1698, containing a complaint from Mr. Sharp of the breach of the Acts of Trade and Navigation in Barbados, report that Mr. Sharp having been diligent in making seizures for transgression of the Acts of Trade and Navigation and particularly of the sloop Dolphin, had made himself many enemies who threatened him with their interest, but that the Governor, Colonel Gray, gave him countenance and protection in the due discharge of his trust, so that the design of this letter from the said Mr. Sharp seems chiefly intended to preserve himself in your Lordships' good opinion against any complaint which should be made here of his proceedings. Signed, C. Godolphin, Walter Yonge, Samuel Clarke, Benjamin Overton. 1 p. Endorsed, Read May 29th.
May 31.
Custom
House,
Bridgetown.
Oct. 26.
1698.
476. II. William Sharp to the Lords of the Treasury. I am forced to make a complaint relating to the Acts of Trade and Navigation. Several of the merchants, traders and planters of this place (I suppose by virtue of the late unhappy indulgence of which I did often complain home) do not scruple the public importing of foreign European goods and manufacture and also the enumerated plantation commodities, without any manner of cocketts, certificates, or custom-house clearings for the same as the laws in such cases appoint. And publicly have registered a Frenchman to be part owner of a vessel here, and several other most notorious breaches of the said Acts they make. They have the confidence to say they will make it not worth any man's while to serve the King here, and that if any of the Custom House officers shall for the future presume to put in execution the unreasonableness, as they call it, of the Acts of Trade and Navigation, it shall cost them a thousand pounds sterling but that they will either get them turned out at home or ruin them here.
Notwithstanding, I adventured to give positive orders and seized all those vessels which had made the unlawful importations as aforesaid. I sent for the Frenchman, Mr. Peter Flusian, in whose name as a part owner, the sloop Dolphin was registered and demanded of him how he became qualified to be such an owner. He showed me a paper which at first view I thought did not at all come up to the matter. I accordingly sent an officer on board and laid his vessel under a sort of suspended seizure, till I had advised with His Excellency in Council and the Attorney and Solicitor General. They approved of my action. I then made a formal seizure of the sloop with all such enumerated commodities on board as were not in accordance with the regulations. All this while, which was but a very few days, they made the greatest noise imaginable, saying that no vessel or goods ought to be stopped or detained on any account whatever by any commission of the Customs. After this Captain Charles Thomas, the Receiver of His Majesty's casual revenue of this island came to me and told me he had about five hundred-weight of cocoa-nuts on board the sloop, and prayed for a permit to bring them on shore. I answered that it being all seized in His Majesty's name, I would by no means adventure to let any part be moved till after a libel filed and a lawful trial had.
He went away much concerned, and geting all the owners with him forthwith sent me five several actions, one in his own name and the others in the names of the other owners, amounting in all to claims for nearly ten thousand pounds against me and my officers. And by way of experiment, to see, I suppose, how the Government would bear it, they arrested, and actually ran into the common gaol, one of his Majesty's Custom-house officers in this port, for having seized a waterman's boat and some goods she was running without any manner of cocket, permit or duties paid for the same, and did design, it seems, all the rest of them thither in a day or two's time, intimating that that was the only safe and fit place to keep them from doing mischief. Upon this several of the Custom-house officers, in the greatest dread and concern imaginable, brought me their commissions, saying it was hard indeed a man must either be forsworn, betray his trust or be thrown into a gaol and ruined by these?-most dangerous sort of people. But I extremely checked this dangerous fear, and commanded each of them, at their peril faithfully to pursue the laws in force here and their instructions, assuring them of my estate and person for their securities in all such cases. I acquainted his Excellency the Governor immediately with these and some other grievances of the kind, which I shall now forbear troubling your Lordships withal, as on all other occasions of his Majesty's service, both at home and abroad, so particularly on this has his Excellency signalized himself, giving new life and circulation to all his Majesty's otherwise stagnating revenues of this island. His Excellency publicly declared that he would strictly maintain the Acts of Navigation and Trade in force, and would not suffer the Custom House officers to be trampled on. Sending for the Provost Marshal, he checked him severely, and ordered the officer to be released immediately. This report is intended to show your Lordships and my very good Lord Ranaleigh, Lord Bishop of London, Col. Kendal, my father-in-law, Sir Thomas Mompesson, and others who obtained me my place, that I am doing my duty. Our Bridgetown is raw, and for some months past has been as sickly as ever. His Excellency's kinsman, Mr. Grey, the captain of our man-of-war, with abundance more, are gone to their long homes. Signed, William Sharpe. 4 large closely-written pp. [Board of Trade. Barbados, 8. Nos. 6, 6 I., 6 II.; and 44A. pp. 287–296.]
May. 31.477. Richard Lloyd to Council of Trade and Plantations. My affairs require my going to Ireland in a short time and therefore I humbly pray the favour that a day may be appointed for me to produce Sir Wm. Beeston's orders, and letters and original papers of which I have inserted copies in my Journal (May 23), and also that I may bring witnesses to matters of fact therein mentioned and that Mr. Heathcote may be present to make his objections on the Governor's behalf. Signed, Richard Lloyd. 2 pp. [Board of Trade. Jamaica, 8. No. 118.]
May 31.478. Minute of Council of New York. Demurrer of John Bulkeley and William Bickley read. Petition of William Creed read. Mr. Livingston's accounts audited and ordered to be paid. [Board of Trade. New York, 72. pp. 246, 247.]
May 31.479. Minutes of General Assembly of Massachusetts Bay. The Representatives were sworn:—For Boston, John Eyre, Theophilus Frarey, Capt. And. Belcher, John, White; Salem, Benj. Browne, Josiah Woolcott; Ipswich, Maj. Fran. Wainwright, Sam. Appleton; Roxbury, Samuel Ruggles; Dorchester, Capt. Samuel Clap; Milton, Capt. Thomas Voss; Brantrey, John Baxter; Weymouth, John Rogers; Hingham, William Hearsey; Dedham, Daniel Fisher; Medfield, Benjamin Clarke; Charlestown, Sam. Phips, Jacob Green, jun.; Cambridge, John Leverett; Newton, Capt. Isaac Williams; Watertown, Capt. Benj. Garfield; Sudbury, Peter King; Marlboro', Saml. Brigham; Groton, Capt. Jonas Prescott; Concord, Jonathan Prescott; Chelmsford, Nath. Hill; Bilrica, Joseph Thomson; Woobourne, Major James Converse; Reading, Hananiah Parker; Medford, Peter Tufts; Maulden, Isaac Hill; Sherborne, Capt. Joseph Morse; Kittery, Joshua Downing; Wells, John Wheelwright; Plymouth, Nathaniel Thomas; Situate, Samuel Clap; Marshfield, Isaac Little; Bridgwater, Josiah Edson; Newbury, Major Thomas Noyes; Lynn, Captain John Burrill; Marblehead, Capt. Wm. Dodge; Beverly, Saml. Balch; Wenham, John Newman; Rowley, Capt. Daniel Wicom; Andover, Col. Dudley Bradstreet; Haverhill, Richard Saltonstal; Bradford, Capt. David Hazeltine; Topsfield, Tobijah Perkins; Boxford, John Peabody; Gloucester, Capt. James Davis; Salisbury, Nath. Browne; Aimsbury, Capt. Thomas Harvey; Springfield, John Hitchcock; Northampton, Joseph Hawley; Hadley, Thomas Hovey; Hatfield, Sam. Partrigg; Westfield, Sam. Root; Barnstable, John Otis; Sandwich, Capt. Will. Bassett; Yarmouth, Thomas Sturgis; Eastham, Capt. Jonathan Sparrow; Bristol, Ebenezer Brenton; Swanzey, Joseph Kent; Taunton, Capt. Thomas Leonard; Rehoboth, John Hunt; Little Compton, John Woodman. They chose Major James Converse for their Speaker. [Board of Trade. New England, 48. pp. 283, 284.]
May 31.
Whitehall.
480. Council of Trade and Plantations to the King, recommending Col. Collingwood's petition. (See No. 469.) Signed, J. Bridgewater, Tankerville, Wm. Blathwayt, Abr. Hill. [Board of Trade. Leeward Islands, 45. p. 366.]
May 31.
Kensington.
481. Order of King in Council. Commission for Col. Francis Collingwood to be Lieutenant-General of his Majesty's Leeward Charibbe Islands in America to be prepared. Copy. Endorsed. Recd. June 10. Read June 20, 1699. [Board of Trade. Leeward Islands, 6. No. 26; and 45. pp. 368, 369.]
May 31.
Kensington.
482. Order of King in Council. Petition of Proprietors of West New Jersey, praying his Majesty to allow and approve of their choice of Andrew Hamilton to be Governor, referred to Council of Trade. Signed, Edward Southwell. Endorsed, Recd. June 2. Read June 20, 1699. Enclosed,
482. I. Copy of Petition mentioned above. Signed, John Moor, James Boddington, Michael Watts, Joseph Brookbank, Paul Dominique, Robert Michel, John Bridges, Fran. Minshall. [Board of Trade. Proprieties, 3. Nos. 21, 21 I.; and 25. pp. 446, 447.]