America and West Indies
March 1700, 1-10


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'America and West Indies: March 1700, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 99-115. URL: Date accessed: 25 October 2014.


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March 1700

March 1.
175. Council of Trade and Plantations to the Earl of Jersey, enclosing above letter to lay before the King. Signed, Lexington, Wm. Blathwayt, Jon. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Leeward Islands, 46. pp. 36, 37.]
March 1.176. Col. Markham to the Council of Trade and Plantations. It is almost 20 years since I came hither with the King's Letters Patents to the Proprietor and his Commission to settle this Province, and ever since have been in office in the Government. When Col. Fletcher had the administration of it, he thought me capable of being Lieut. Governor. After His Majesty had restored the Government to the Proprietor, he made me Lieut. Governor, in which trust I was until his arrival in December last. Ever since the last Commission, evil eyes and malicious minds have been busy to overthrow the Proprietor's government, to accomplish which they have forged informations against me. My adversary complains that I passed a law in opposition to the Admiralty Court. When Col. Quary and I had some discourse about that Law, he told me that by that law the powers of his Commission, which was to try without juries, was taken away, whereby his Commission was made void. I replied that could not be, for the laws we made were done by the power of a Patent granted by King Charles II. to our Proprietor, and that they could not affect any other Courts than such as the Proprietor had power to erect. I also told him that if any laws in this Province were repugnant to the laws of England or contradictory to his Commission, they were void in themselves, and that if I knew any, I would immediately declare them void, and farther told him that if any other law than the Laws of England were pleaded in his Court, he ought to overrule it. He kept several Courts and I knew not that any law of this Province was ever urged in his Courts to oppose the Laws of England, or contradict the power of the Admiralty. The privilege of having a jury has been pleaded for in that Court, but their argument, I understood, was grounded on the Act for preventing frauds, etc. As to that part of the law that admits Quakers' attests in lieu of an oath, I took encouragement from His Majesty's gracious indulgence of the same sort of people in England, where comparatively they are so small a proportion of the whole, and here they are not less than two-thirds, and in estate at least four-fifths. Besides, all laws here are but probationary. Another complaint against me is that I countenanced a repleven of goods out of the Marshall of Admiralty's custody. Actually, I refused and when a warrant was signed by a J.P. and executed unknown to me, I sent my order to the Sheriff the same day to have them restored. Another complaint is that I refused to press a sloop and forty men at the Judge of Admiralty's demand for him to take the ship that brought in pirates from Madagascar. I gave him my assistance to take some pirates he heard were in town, and offered him my warrant which he slighted, saying his own power was sufficient. Before his commission was published here, and when he was in Maryland, I seized a sloop by my warrant that had been taken by pirates and laid her at my wharf that the right owner might have her again. When the judge returned, he told me he must have that sloop, and that I had not power to seize any vessel upon the water. He sent a warrant to fetch her away and disposed of her at his own pleasure. The Admiralty Commission being young here, I thought that if I seemed to clash with it, others might not yield the obedience that was due to it, therefore I submitted to all this and much more since, though his warrant was too peremptory for any cool Judge to write or any warm Governor to bear. As to the sloop, from his own showing, I had no power upon the water, and his own power was sufficient. Who was to give security for the sloop and be at all other charges? Col. Quary did not say he would, but he would command her and take a ship with her, that was without the Capes, super altum mare. The ship had 20 men besides the desperate fellows that were to be taken, and several great guns mounted: she belonged to New York and traded not in this Government: the two men that were taken in this town were put on board of a sloop at sea, that was bound hither, so the ship could not be seized for illegal trading. Another complaint is that I issued out no proclamation at that time: but a law like the Jamaica Act against Pirates was then newly passed and was publishing throughout the Government. What Proclamation could be of greater force?
As to my countenancing pirates. The first of those sort of people came in here when Col. Fletcher was governor, when it was not in my power to countenance or discountenance them. When the Government was restored to the Proprietor, I received orders from your Lordships with a proclamation concerning Every and his crew; the very minute I received it I put it in execution, and since then I know of none that came in here reputed or suspected to be pirates, but what were apprehended and put in prison by my warrant. My adversary charges me with encouraging illegal trading. There can be no illegal trading without illegal traders, and my adversary in not discovering them, it's plain he intended not the King's service, but maliciously to expose me. I have oftentimes taken the oaths appointed: the last was administered to me by Mr. Edward Randolph; I can safely take my oath that I have not been advised of any illegal traders, but what due course of law has been taken against them. As to Mr. Randolph, he came from New York and requested that he might have out of the office a Bond to put in suit, which was forfeited. I ordered he should have it, and expected every day he would arrest the security who lived in this town, but found he delayed it, and whenever I spoke to him of it he pretended the want of an Attorney-General. The morning he went hence to New York he left a paper at my house to acquaint me that he had left the bond with Col. Quary, with directions that when I was qualified for Governor, he should give me the bond again. I was in my bed, ill of the gout, and so requested a neighbour to go after Mr. Randolph, who was gone to take boat, and acquaint him that I desired to speak with him. Meantime, lest Mr. Randolph should not come, I sent for a constable to be near me upon occasion. Mr. Randolph came, and I demanded of him the bond. He said he would fetch it, and was going out of my chamber. I called to the constable not to let him go out. So he sent to Col. Quary to bring the bond. As soon as I had it, I told Mr. Randolph he might go about his business when he pleased. If they call this an imprisonment, it was not about half an hour. I had a great deal of reason not to trust Mr. Randolph with the bond, for I knew, before he came from New York, that he had been treated with there by some Scotchmen to get the bond cancelled, and he, knowing he could not have it at his command whilst it was in the office, by this wile got it out and lodged it in a private hand, that he might use it at his pleasure. Also, two or three years before, he took a bond out of the Naval Office at Newcastle in this river, under pretence of suing the security that lived in that town. In order thereto, he arrested him, and for 20 pieces of eight withdrew his action again. He carried the bond to New York and there sued the principal, Dr. Hart of New York, to a judgment. The security was Henry Vandenburgh of Newcastle. Besides, I have doubted Mr. Randolph's honesty ever since the first pirates landed at the Capes of Delaware Bay, when he wrote to a magistrate there to acquaint them, that if they would give him 200l. he would procure pardons for them. Had he been treated by me with all the severity it's said he was and much more, I could not have been even with him for his unsufferable abuses to me. But I considered his station, and bore with him rather than he should have to say I hindered his service to His Majesty. I wish it may never be the misfortune of any poor gentleman to serve so long and neither to receive one farthing from the Crown nor the people, nor yet so much as a good name for my services. Signed, Wm. Markham. PS.—If I had thought Col. Quary had been in earnest about the sloop, I would have done my best to have answered him in what he says he demanded, though I knew by experience the improbability of performing such an action with such force, having belonged to the Navy ever since Dunkirk was taken from the Spaniards, and was in the fleet that rode off there then, and afterwards was six years with Sir John Lawson, and was with him in the fleet that brought over Charles II., and in the Streights when we fought the town of Algier, and was in the Dutch wars '65, '66, and '72, '73, and I suppose Col. Quary never saw gun fired in anger. Copy. 5½ pp. Endorsed, Recd. Oct. 4, Read Oct. 10, 1700.
176. i. Duplicate of above. Endorsed., R. 31 July, 1700. [Board of Trade. Proprieties, 5. Nos. 19, 20; and 26. pp. 315–330.]
March 1.
177. Mr. Addington to Mr. Popple, enclosing Minutes of Council [of Massachusett's Bay] Sep. 7–Dec. 14. Signed, Is. Addington. Endorsed., Recd. April 13, Read April 25, 1700. Copy. 1 p. Enclosed,
177. i. Memorandum of above mentioned Minutes. ½ p. [Board of Trade. New England, 10. Nos. 22, 22.i.; and 38. p. 9.]
March 1.178. Attorney General to the Council of Trade and Plantations. I find nothing in the Act to oblige Patentees to reside in the Island, passed in the General Assembly of Jamaica, June 27 last, contrary to law or prejudicial to His Majesty's royal prerogative. Signed, Tho. Trevor. Endorsed., Recd. April 10, Read April 23, 1700. ¾ p. [Board of Trade. Jamaica, 9. No. 14; and 57. p. 43.]
March 1.
179. Minutes of Council of Massachusetts Bay. The Province galley ordered to be employed on a trading voyage with the Eastern Indians, and for the suppressing of unlawful traders. His Excellency produced a letter from Major Benjamin Church of Bristol, Feb. 20, saying that the Indians there were quiet and declared their loyalty. Payments on account of Kidd, Bradish, and their associates ordered to be made out of their effects. The Commissioners appointed to receive Kidd's goods allowed to discharge themselves upon oath. [Board of Trade. New England, 49. pp. 273, 274.]
March 2.
180. William Wallis to the Council of Trade and Plantations. Recites his contract to supply His Majesty's Naval Stores from New England: applies for licence to cut trees: suggests that Lord Bellomont be instructed to take care that a law be made for the preservation of trees fit for His Majesty's service, and that Mr. Brenton be directed to appoint a Deputy-Surveyor that lives upon the place and to establish a salary of 40l. per annum to be paid to him half yearly in New England. Signed, William Wallis. Endorsed., Recd. March 2, Read March 12, 1699/1700. 3 pp. [Board of Trade. New England, 10. No. 23; and 37. pp. 403–412.]
March 2.
181. William Popple to Edward Littleton, William Bridges, and Melisha Holder, Agents for Barbados, enclosing two copies of each of two packets from His Majesty and the Council of Trade and Plantations to be forwarded, by different ships, to Mr. Grey. [Board of Trade. Barbados, 45. pp. 27, 28.]
March 2.182. Minutes of Council of Barbados. William Sharpe, His Majesty's Commissioner and Collector, having complained that the Custom House at Spight's Town had been broken open by warrant from Samuel Sherman, J. P., ordered that the persons concerned do appear before the Board next Council day. [Board of Trade. Barbados, 65. p. 493.]
March 4.183. Minutes of Council of Massachusetts Bay. Commissioners for Kidd's goods discharged upon oath. His Excellency made oath that he had not intermeddled with the said goods.
A scandalous paper against the Governor and Council by Captain Gullock was read. He was sent for and committed to prison for that and his contemptuous behaviour.
March 5.Capt. Gullock craved pardon and was discharged. [Board of Trade. New England, 49. pp. 274–276.]
March 4.
184. Journal of Council of Trade and Plantations. Order of Council, Feb. 29, read. Copies of letters from the Board to Mr. Day, July 18, Sept. 12, Sept. 20, 1699, ordered to be sent to the Council office.
Ordered that the Secretary write to the Jamaica Agents that they attend Mr. Attorney General for his report upon the Acts of that island.
His Majesty's letters, Feb. 10, to the Governors being received, the Secretary was ordered to send those for Rhoad Island and Connecticut under cover to the Earl of Bellomont, and the rest in the usual manner, by the first opportunity; but it was not thought fit to send forwards the remainder of the letters about treating with pirates, mentioned Nov. 23, 1699.
Letter from Mr. Secretary Vernon, Feb. 28, with petition of John Smith, read. Letters to Mr. Vernon and Sir Wm. Beeston ordered, and signed.
March 5.Draught of enquiries relating to the Newfoundland Trade and Fishery considered.
Order of Council, Feb. 22, with petition of merchants of New York read. Directions for preparation of a Representation ordered. [Board of Trade. Journal, 12. pp. 395–397; and 97. Nos. 43, 44.]
March 5.
185. J. Burchett to Wm. Popple. Refers to his letter of Feb. 23. The ships are in readiness to sail to Newfoundland, and my Lords have signed the instructions to Capt. Fairborne for proceeding on his voyage. Signed, J. Burchett. Endorsed., Recd. Read March 6, 1699/1700. ½ p. [Board of Trade. Newfoundland, 4. No. 8; and 25. p. 354.]
March 5.
186. Council of Trade and Plantations to Governor Sir William Beeston. We enclose copy of Mr. John Smith's petition, complaining of your having sold his ship Pearl. We desire you to give us a perfect account of the true circumstances. Signed, Stamford, Lexington, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Jamaica, 57. pp. 19, 20.]
March 5.187. Council of Trade and Plantations to Mr. Secretary Vernon. In answer to your letter of Feb. 28, we desire you would please to inform his Majesty that we have no manner of advice from Sir Wm. Beeston about the sale of the Pearl, and have therefore now immediately wrote to him about it. Signed as preceding. [Board of Trade. Jamaica, 57. pp. 20, 21.]
March 6.
188. Col. Quary to Mr. Secretary Vernon. I received yours of Nov. 30, ordering me to deliver unto the Earl of Bellomont all the effects that I have in my hands belonging to the pirates which I seized, and a letter from His Excellency acquainting me that he had ordered his Lieutenant Governor of New York to receive all such, which shall be sent to him. I resolve to give an account on oath of all that came to my hands, but expect that all my charges and disbursements shall be allowed, and that I shall have satisfaction for my pains and hazard. When the Lieutenant Governor refused to aid me, I could only raise brisk men that would venture their lives by paying them extraordinary. When I undertook the design I had a proposal of seizing all the pirates and their estates to the value of more than 30,000l., besides Capt. Shelley's ships that brought them from Madagascar, and I had certainly effected it, had not the inhabitants of this Government betrayed me and sent intelligence to them, and then the purchase would have defrayed the charge very well, besides the great service it would have been to His Majesty. We spent a month's time in cruising the Bay and travelling these Provinces in pursuit of them, so that those pirates that were landed on Cape May had time to hide their money and send off their goods to other Governments. Several of the pirates were also carried off by the inhabitants. I want instructions how to proceed against those persons that aided and sheltered them. Notwithstanding all the treachery and difficulty I met with, yet I made shift to apprehend eight of the pirates and committed them to gaol, but those of them that had hid their money on Cape May had leisure given them by the Government of West Jersey to go and bring it up which accordingly they did, and have secured it in several men's hands of that Government, which may be discovered if the proper methods be taken and your Honours will send a power. I only wait till Governor Penn hath provided a convey to carry what effects he hath in his hands, by which I will send what I have in my custody to the Lieutenant Governor of New York. I am very much threatened to pay this money again in case the pirates from whom it was taken be acquitted. However, I will comply with your orders, wholly relying on your justice. Signed, Robt. Quary. Endorsed., R. 13 June, 1700. 2 pp.
188. i. Abstract of above. 1¼ pp. [Board of Trade. Proprieties, 5. Nos. 21, 21.i.]
March 6.
189. Col. Quary to the Council of Trade and Plantations. I received a letter from the Secretary dated Aug. 22. Governor Penn is now arrived here: his coming hath made a very great change. He is so far from countenancing what hath been done that he hath publicly shewn his resentment and abhorrence of it all. He hath given ample assurance to all the King's Officers of his favour and encouragement to them in all matters relating to the King's service, and to make restitution for all injuries. A demonstration of all his real intentions herein appears by these several weighty steps which he hath already taken, having laid aside the Lieutenant Governor Markham, and Mr. Anthony Morris, and designs to take order for returning the goods, or their value, seized out of the King's store by that Justice's warrant. He hath ordered the prize goods that were in Governor's hands to be delivered; turned out the Sheriff of this county for the escape of one of the pirates, and designs to prosecute him; the other pirates are kept in close confinement ever since his arrival; and he hath taken up all the old pirates that hath been here some years before Every's crew, and hath forced them to give security to answer whatever shall be laid to their charge in a year's time. What remains still to be done he promises shall be effectually performed in a little time. He did lately call an Assembly on purpose to pass two Acts enclosed, the one concerning pirates, the other for the better regulation of trade; your Lordships will find them very different from their former Acts, and with due execution will be of use to the ends designed. I must do Governor Penn the justice to say he is very zealous in promoting all things that doth anyways concern the King's interest. I most heartily wish that I may not be forced any more to send home repeated complaints, which I am sure was never easy to me. The seizing of the eight pirates was a great charge to me, besides the hazard of my life, which I hope your Honours will please to consider, and be a means that I may be reimburst out of the money in my hands. Had there been a small vessel of force or that this Government would have given me any assistance, I could have apprehended with ease all the pirates and their estates. I enclose a copy of Capt. Shelley's letter from Cape May (No. 190. i.). Your Lordships may see that the Capes of this Government is the only place they first make and that there is care taken to have sloops ready here to meet them. You will have an account of the master of the sloop Graverard in the enclosed memorial; it's a copy of what I have now sent to the Commissioners of H.M. Customs. Signed, Robt. Quary. Endorsed, Recd. 13th June, Read 19 ditto, 1700. 3 pp. Enclosed,
189. i. Copy of following memorial. [Board of Trade. Proprieties, 5. Nos. 26, 26.i.; and 26. pp. 223–234.]
March 6.
190. Robert Quary to the Commissioners of Customs. A true account of several grand abuses in trade and the proper remedy. The Madagascar trade is the only voyage now thought of in these parts. The merchants of New York have gotten estates by that and the Curesaw trade. There are three ships expected every day from Madagascar belonging to New York: they are ordered to make the Capes of this Government, where there are sloops now waiting to unload them and run all the goods. There are several more ships fitting out from New York and other places to the northward. They carry a suitable cargo to the Madaras and there they take a loading of wine and brandy, and from thence directly to Madagascar where they meet the pirates and purchase their plunder on very easy terms, as your Honours may see by Capt. Shelley's letter. Thence they come back hither where they have all the security in the world to land their goods before the man-of-war at New York can hear of their being come. If there were a small vessel of force in this bay, I would put a stop to this illegal trade or forfeit myself, provided the Commander be not (as they generally are that commands the King's vessels,) above taking advice and directions. I have spent much thought and time to find out the reason of the great quantities of tobacco, which for three or fours years past hath been carried to Barbados from this place, Virginia, Maryland and New York. The consumption in Barbados is not so much as formerly and the quantity shipped thither is almost ten times more. At last I found out the intrigue and mystery of it. When the tobacco is landed there they repack it into boxes, casks, etc., and send it for England and Ireland. The conveniency of its package makes it very easy to run, especially since the officers do not expect tobacco on board Barbados ships, and the saving of the duty makes it a far better trade than any commodity they can carry from Barbados. There is a great deal also sent from that island, as shipping offers, to the Dutch settlements. A great part of this evil may be prevented by the active diligence of the officers there and elsewhere.
This Province grows very populous, and the people are generally very laborious. They have improved tillage to that degree that they have made bread and flour and beer a drug in all the markets in the West Indies, so that they resolve to go on with the planting of tobacco in the three upper counties, where it never was planted. The land is very proper for it, and will produce very bright tobacco; the number of the people and their industry will produce vast quantities. They find the necessity of going upon this commodity, for they have no other way of making returns home for England, the want of which makes this place at present very miserable. I am sure there is more than six times the value of goods imported than is exported, which is the reason that the money is carried away. It will be as much for the King's interest to secure the trade of this Bay, as that of Maryland, and in a little time they will vie with that Government.
There is four times the quantity of tobacco made in this country this last year than ever was made in any one year before; all which is engrossed by the Scotch (as almost all other trade here is): they give such extravagant rates that I am sure no person that designs to trade fairly can give, not less than double the price that is given in Maryland, though the tobacco of this place is not near so good. They carry on a constant trade from Curesaw hither. About a month ago came in a vessel from thence belonging to several Scotch merchants which brought in abundance of lyning and other dry goods of the manufactory of Holland, and run them all ashore at a place a little below Newcastle, called Bumbo Hook. I had an account of the particular package of all the goods; the business is now publicly known. I do not mention this by way of complaint against the Government or the officers, for there is so many conveniences for the running of goods that it's impossible to prevent it, let the Government make what laws they can, and the officers be never so diligent in the execution of them. There is no way to secure the trade of this Bay but by a small vessel of four guns and 15 or 20 brisk men, which would effectually answer all ends and would prevent the carrying off of the tobacco from the lower counties after they have cleared their ships with the Collectors.
There hath been a most pernicious trade carried on between this Bay and New York by several vessels for above twelve years, especially by one Graverard, a Dutchman, of New York. He doth constantly carry goods betwixt this place and New York and generally enter some small quantity of tobacco; when he hath his dispatches, he then takes in his loading, which lies ready for him at some convenient place in the Bay. When he comes near Sandy Hook he puts ashore all the tobacco except what he hath a cocquet for, at a small Dutch village, and then goes up the city and unloads, if it happens that any vessels are ready to sail for Suranam, Curesaw or Newfoundland; then they touch and take in the tobacco which lies ready for them in their way. If no vessel be ready, then the wood-boats take in their tobacco under their wood and carry it up to York: the boats lie at a convenient place, and in the night it's landed and repacked for the next opportunity of shipping it off. I had like lately to have taken this man in the Bay; he had got six of the pirates on board his sloop, with their estates to carry them to the Capes of Virginia: he made a shift to get clear of me: however, I sent away an express on horseback to the Governors of Virginia and Maryland. He got to Gov. Blakiston time enough to seize him with his sloop and one of the pirates; the rest he had set on board several ships then ready to sail for England. The sloop and loading with all his ill-gotten goods from the pirates was condemned, which hath squeezed the rogue pretty well, but he is upon the old trade again. Were there a vessel here fit for the purpose, I would quickly spoil his trade.
There hath been abundance of East India goods brought into all the Governments of this Main, more especially to the northward of this place, by pirates and other illegal traders for above three years past. The business of all persons concerned in those goods is to convey them from the port where they were landed to some other place, which is usually done by packing them up so as that they may pass for other goods. There hath been great quantities brought from the northward to this place, and may be landed at our public wharf, without the least no(tice) taken of't. I am well assured there hath not been one cask or bale perst or searched these two years, the doing of which would be of great service not only to prevent all illegal trade of importation, but would also prevent the shipping off of abundance of cut and leaf tobacco pressed into flour and bread casks, which hath been much practiced here. If your Honours think this will be too hard on the officers, I am sure you will allow them a man to do the work. Your Honours were very much misinformed by Mr. Randolph in placing a Collector at Burlington in West Jersey. It's a place that lies 20 miles above Philadelphia, where never any vessel loads or unloads, but there are several other places in that Government where that officer may do the King good service, as at Cape May. Had he been there this summer he might have seized 20,000l. worth of East India goods which was landed there by the pirates and thence disperst. There is also a place called Cohanzy and another called Salem, where many vessels trade from Boston and other Governments.
There is a great abuse in that part of the King's revenue, the penny per pound on tobacco shipped to the Plantations. They have gotten a way now to prize into a hogshead a thousand-weight, which they enter for 4 cwt. only, and they order barrells to be made in which they will press betwixt 6 and 7 cwt. and enter them but for 2 cwt., and, which is worse, they frequently crop the chimes of a hogshead and enter them for barrels and pay the King but for 2 cwt., when really there is 8 or 9 in the cask. This great abuse proceeds from the Collectors vieing with one another who shall receive most of the money for the duty of the tobacco, and the merchants accordingly tell one that unless he will give them such an encouragement they will enter with the other, who will accept of the terms. The Collectors now give them certificates for so many hhds. and barrels of tobacco entered without mentioning any weight, because the officers in Barbados, finding such unreasonable great casks entered here for at most 4 cwt., forced the merchants to a post entry. I took the opportunity of this juncture of time, that Governor Penn is very zealous to do all things for promoting the King's interest in his Government, and proposed to him several useful clauses in the new Act; amongst the rest there is one that all tobacco shipped off to the Plantations shall be weighed and entered according to the weight, but this will be to no purpose unless it be put in execution, as I very well know it will not.
The King is also very much abused in the payment of this duty, for formerly the pieces of eight did pass in this province for 6s., and then the merchant allowed the King 25 per cent. over and above the current money of the country to make it sterling money: but about two years ago they raised them to 7s. 8d., which makes it more than 55 per cent. worse than sterling, and yet the Collectors have but 25 per cent. allowed, so that the King must lose on all the money received here 30 per cent. Signed, Robt. Quary. Endorsed., Recd. June 13, Read June 19, 1700. 3½ large pp. Enclosed,
190. i. Giles Shelley to Mr. Stephen Delancey, or, in his absence, to, Mr. John Barbarie, merchant in New York. Cape May (sic) 27, 1699. Gives account of voyage and trade at Madagascar. "I took on board 75 passengers; most of them design for Virginia and the Hore Kills with Andrew Graverard, who is here. I have for their passages about 120,000 pieces of eight and about 3,000 Lyon dollars. I hear there is no man-of-war at New York. I design to come to Sandy Hook, where I shall expect your care for securing the goods, etc." Signed, Giles Shelley. 1 p. [Board of Trade. Plantations General, 5. Nos. 44.A., 44.A.i.; and (without enclosure), 35. pp. 284–296.]
March 6.191. Memorandum of above. ½ p. [Board of Trade. Proprieties, 5. No. 22.]
[March 6.]192. Copy of Order of House of Commons that the Commissioners for Trade and Plantations do lay before this House an account of what advances they have made towards the improvement of the trade of England. Signed, Paul Jodrell. (Date given incorrectly as Feb. 6, 1699.) [Board of Trade. Trade Papers, 15. p. 13.]
March 6.
193. Council of Trade and Plantations to the Earl of Jersey. Capt. Fairborne, Commander of H.M.S. Tilbury, who is appointed by the Lords of the Admiralty to be Commodore this year at Newfoundland, being now ready to sail, we desire your Lordship to procure H.M. Royal Signature to the enclosed draught of a Commission for him to command in chief the soldiers in pay, as has been done the former years. Signed, Stamford, Ph. Meadows, John Pollexfen, Abr. Hill, George Stepney. Annexed.
193. i. Copy of Capt. Fairborn's Commission, as above. [Board of Trade. Newfoundland, 25. pp. 355, 356.]
March 6.
194. John Moore to the Council of Trade and Plantations. Governor Nicholson appointed me King's Advocate in the Admiralty Courts of this and West Jersey Provinces, 1698, and said he would recommend me to you for Attorney General of those Governments, and gave me the expectation of a salary suitable to the posts. The place as well as the salary are still under your consideration. Now, by the encouragement of Col. Quary, I address your Lordships. Signed, Moore. Endorsed., Recd. June. Read July 25. 1700. 1 p. [Board of Trade. Proprieties, 5. No. 23.]
March 6.
195. William Popple to the Agents for Jamaica, enclosing letters to be forwarded to Sir Wm. Beeston from the Council of Trade and Plantations, by two conveyances. Their Lordships have again commanded me to desire you to attend Mr. Attorney General and take care with him that he dispatcheth his reports upon the Acts of the General Assembly of Jamaica that are in his hands. [Board of Trade. Jamaica, 57. p. 22.]
March 6.
196. Journal of Council of Trade and Plantations. Letter from Mr. Burchett, March 5, read. Letter to the Earl of Jersey, enclosing draft of a Commission for Capt. Fairborne to command in chief the soldiers in pay at Newfoundland for His Majesty's signature, signed. Heads of enquiries about Newfoundland trade agreed upon and sent to the Admiralty for the Commodore.
March 7.Order of the House of Commons that the Commissioners lay before the House an account of what advances they have made towards the improvement of the Trade of England, read. Directions given for the preparation of an answer.
Representation upon the petition of the Marquis de la Muce, Feb. 23, signed and sent to the Council.
March 8.Directions given for preparing an answer to the order of the House of Commons. [Board of Trade. Journal, 12. pp. 397–400; and 97. Nos. 45–47.]
March 7.
Chief Office,
Penny Post.
197. Wm. Dockwra to [? William Popple]. As to West Jersey, I am not a Proprietor nor have any Commission to concern myself in any matter relating to that Province. I have sent the bearer to Sir Tho. Lane, and as to those (? H.M. letters about pirates) for East Jersey due care shall be taken. As to the petition concerning the Hester, Col. Bass and his Counsel are upon treating on terms with Counsel on Lord Bellamont's part, to try it in Westminster Hall upon a stated action of Trover and Conversion. I am constrained by an order from the Chairman to attend as a witness at the Committee and to bring the papers of petitions, etc., that has passed in our long and tiresome applications concerning the quiet and free use of our Port of Perth-Amboy. I have always had an esteem for the Earl of Bellamont, and am sorry to hear of the clamours against his administration, to which I am quite a stranger and heartily wish him freed of his accusers. What I shall appear in will be as a Proprietor of East Jersey upon a point of right. Signed, Wm. Dockwra. Endorsed., Recd. March 8, 1699/1700. 1 p. [Board of Trade. Proprieties, 5. No. 24.]
March 7.
198. William Popple to J. Burchett. I enclose Heads of Enquiries for the Commodore of the Convoy, relating to the Trade and Fishery of Newfoundland, which by reason of the late Act of Parliament and upon other further considerations are in some things different to former enquiries. The Lords Commissioners for Trade have sent for H.M. signature a draught of a Commission for the Commodore to command in chief. Annexed,
198. i. Heads of Enquiry relating to the Trade and Fishery of Newfoundland to be given as Instructions to Capt. Fairborn. You are to carry with you copies of the Act to encourage the Trade to Newfoundland, for your own use and for distribution amongst the principal inhabitants, and to enquire whether the orders contained in it are duly observed, and more particularly (1) What is the number of English Planters, their manner of living and trade, and their employment in the winter? (2) Do they rinde the trees or waste the woods beyond what is necessary ? (3) Have those, who since 1685 had engrossed stages, cook-rooms and beaches to the prejudice of the fishing ships, relinquished them for the public use of fishing ships arriving there, according to the said Act? (4) Do the inhabitants or by-boatkeepers possess themselves of any such stages or cookrooms, etc., which have belonged to any fishing-ships since 1685, before the yearly arrival of the ships? (5) Do the by-boatkeepers and fishing ships carry over with them such numbers of freshmen or green men, and the inhabitants employ them as the Act directs? (6) Do any persons presume to deface or alter the marks of any boats or trainfats and convert them to their own use or remove them from where their owners have left them? (7) Are the rules of the Act for preventing any hindrance in the haling of sayns in the customary baiting places, and against stealing bait, duly observed? (8) Do any persons destroy or damage the stages or cook-rooms and do they repair them by timber fetched out of the woods, not taken from stages already built? (9) Do the Admirals of harbours and other Commanders of fishing ships observe the rules against engrossing more Beech and Flakes than each of them have necessary use for, and against possessing several places at once to the prejudice of others, and relating to the election of such places as any of them, whose right it is, shall choose to abide in? (10) Are the Admirals careful to see that the rules of the Act concerning the Fishery are put in execution, and do they keep journals of the number of ships, boats, stages and trainfats and of all the seamen employed in each respective harbour? (11) And do they determine any differences that arise, and are appeals made to you from their sentences as the Act directs? (12) Is due care taken by the Masters of ships and the Admirals in each harbour that no sort of ballast hurtful to the harbours be thrown out of any ship? (13) Is the Lord's Day strictly and decently observed, and do the keepers of public houses forbear on that day or sell or utter any strong liquor or tobacco? (14) Do any aliens or strangers not residing in the kingdom of England, Dominion of Wales or town of Berwick-upon-Tweed, resort thither to take bait or use any sort of trade or fishing whatsoever in Newfoundland or any of the islands or places adjacent thereunto?
You are further to enquire (1) Whether due care is taken in curing the fish with good salt and in rightly preparing it? (2) Is care taken to lay the offal so near the water that it may be washed away by the tide. (3) What sustenance do the Planters receive from land? Do they carry on any fur trade? (4) Whence do the inhabitants obtain their provisions? (5) What is the trade between New England and Newfoundland. Are the fishers debauched by the liquor imported from New England, and run in debt thereby so that they are forced to hire themselves to the Planters? (6) What European commodities are brought thither from any place besides England and Ireland? In what ships? (7) How are such commodities disposed of? To the fishermen only, or to ships for the Plantations to supply them with commodities they ought to have directly from England? (8) What Plantation commodities are brought thither and in what quantities? Are any such sold to ships bound for Spain, Portugal and other foreign parts, so as to make an indirect trade to those parts in commodities which ought not to be carried thither without having been first landed in England? (9) Do the New Englanders who exercise the fishing trade upon their own coast exercise it also on the Newfoundland coast, and how do they succeed in both? And repeat enquiries Nos. 9–13 and 15–25 abstracted Cal. A. & W. I., 1698. No. 498. [Board of Trade. Newfoundland, 25. pp. 357–370.]
March 7.
199. Council of Trade and Plantations to the King. We humbly represent that Norfolk County in Virginia being a place more secure than other remote parts formerly proposed for the Protestant Refugees, your Majesty may be pleased to send orders to the Governor of Virginia, under whose Government that County lies, to give them all possible encouragement upon their arrival there, in settling their families and promoting their endeavours in planting, and by granting them such tracts of land as usual to new-comers. The petitioners refer themselves to your Majesty for such further gratification and charitable assistance as to your Majesty in your great wisdom and bounty shall seem meet, it being further requisite that before their departure they be made denizens of England for their greater encouragement in the enjoyment of the privileges accruing thereby. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, George Stepney. [Board of Trade. Virginia, 37. p. 391.]
March 7.
200. Order of King in Council approving above representation and directing the Council of Trade and Plantations to prepare a letter to the Governor of Virginia accordingly. Signed John Povey. Endorsed., Recd. March 11, Read March 12, 1699/1700. ½ p. [Board of Trade. Virginia, 8. No. 5; and 37. p. 392.]
March 7.
201. Order of King in Council that allowances be made to such Vaudois and other of the Protestant Refugees as have not had a share beyond sea of the benevolence collected upon the late Brieff upon their behalf, and are either already come over into England or shall come speedily over in order for their going to the abovesaid settlement, for their transportation and for the building a church, and for a competent number of Bibles, Common Prayer Books and other books of devotion, as also for the necessary accommodation for lodging of two Ministers, who are to accompany them as the Lords Commissioners for the Brieff granted by His Majesty for the Vaudois, French, and other Protestant Refugees in this kingdom shall think fit; the said allowances being not to be made to the Petitioners till they are actually shipped in order to their transportation to Virginia. Letters of denization shall be granted to the Petitioners or such of them as shall be certified to this Board according to the usual form before their going out of this kingdom. Signed, John Povey. Endorsed., Recd. March 18, Read March 26, 1700. 1¼ pp. [Board of Trade. Virginia, 8. No. 6; and 37. pp. 394, 395.]
March 7.
East India
202. Robert Blackborne to the Council of Trade and Plantations, acknowledging letter of Feb. 10, to the Governor of the Old East India Company. The Court of Committees will do all they are able in getting evidence against Gillam. Signed, Ro. Blackborne. Endorsed., Recd. Read March 12, 1699/1700. 1 p. [Board of Trade. New England, 10. No. 24; and 37. p. 402.]
March 7.
203. Order of King in Council. Referring enclosed petition of Nicholas Dupin, etc., to the Council of Trade and Plantations. Signed, John Povey. Endorsed., Recd. March 11, Read March 12, 1699. Enclosed,
203. i. Petition of Nicholas Dupin, John Britton, Tho. Puckle, Richard Goddard, merchants, and Joseph Blake, gent., on behalf of themselves and others, to the King. Petitioners, having been encouraged some years past to endeavour the settlement of Tobago, did contract with the Baron de Blomberg, late Envoy from Courland. H. H. Ferdinando, Duke of Courland, having been pleased to send the Hon. John Christopher Prætorius as his envoy to confirm what had been agreed with the said Baron or to alter such articles as might be to mutual advantage, and both the Envoys having produced King Charles II.'s royal concessions, petitioners are encouraged to pray your Majesty to favor their enterprise. Copy. 1 p. [Board of Trade. Barbados, 8. Nos. 36, 36.i.; and 45. pp. 28–30.]
March 7.204. Minutes of Assembly of Barbados. Act for guarding the Magazine, read. Supplemental Bill on the Act for raising a levy read. Petition of William Terrill and Rebecca, his wife, setting forth that they were but lately possessed of Fontabell Plantation and could not procure a survey thereof so as to give it to the Churchwardens, read, and an Address to His Excellency and Council drawn, recommending that they be excused the penalties. [Board of Trade. Barbados, 65. pp. 467, 468.]
March 7.205. Minutes of Council of Barbados. Bill to prohibit the exportation of Spanish money, read twice. Conference with the Assembly desired on the subject.
A certificate that a negro named Mallegasco George belonging to John Bromley, Esq., of St. Phillip's Parish, was executed for felony by virtue of a sentence past against him at a Court held Feb. 9, 1698, by John Johnson, Samuel Pasfield, Daniel Carter, Isaac Gittens, and Nicholas Polgreen, was read. 20l. paid to Mr. Bromley in compensation, he having made satisfaction to Geo. Farewell, on whom the felony had been committed.
Proposals of Magnus Popel for building a bridge and harbour between the town of St. Michael's and the Bay was read. A joint Committee of the two Houses appointed to treat with Popel and bring in a Bill.
Bill to prohibit exportation of Spanish money committed.
March 8.It being represented by Mr. William Sharpe that Custom House Officers had been taxed as such in the Levy Bill, recommended to the Assembly to find a way to relieve them. A Supplemental Act to the Levy Bill was accordingly read three times and passed.
A Bill to secure the Magazine was read a first time.
An address from the Assembly praying His Excellency's acceptance of ten servants read and agreed to.
Two months allowed William Terrill for survey of land [see preceding abstract]. [Board of Trade. Barbados, 65. pp. 494–496.]
March 7.
206. Governor the Earl of Bellomont to Mr. Popple. Capt. Foster, who brought me a letter from your Board of June 26 last, arrived here but yesterday was sevennight, having been forced to bear away to Barbadoes. The duplicate I received some months since. I long impatiently for orders from your Board, that might give me aim how to conduct myself in the management of things. New York is the place where I ought to be very soon, but it is not certainly proper for me to remove from hence till I hear from my Lords of the Council of Trade. The L.G. of New York has left a space in the muster-roll of my Company for my two servants' names, but in casting my eye on the roll I observed two of my servants' names there, for which reason I have not filled up that void space. Col. Allen, late Governor of New Hampshire, is now here; he came to complain of an njustice done him in the Superior Court of that Province last month. I believe he intends by this conveyance to complain to the Government at home; if any application be made to your Board in his behalf, I desire you will please acquaint their Lordships I intend to inform them by the first opportunity how that matter was managed, and whether Col. Allen have just cause to impeach the proceeding of that Court: perhaps, too, I may then offer something about New Hampshire, that will deserve their consideration. I have heard thrice from Mr. Penn since his arrival at Philadelphia, and I resolve not to be behindhand with him in correspondence; he seems much overjoyed at his Lady's delivery of a son. Signed, Bellomont. I beg leave to recommend Lieut. Hunt to your favour; he is a very honest man and is to solicit some business at your Board. Endorsed., Recd. April 13, Read April 25, 1700. Copy. 2 pp. [Board of Trade. New England, 10. No. 25; and 38. pp. 7, 8.]
March 9.
Skinner's Hall.
207. Wm. Thornburgh to Wm. Popple. The same day you inclosed me His Majesty's letters to the Lords Proprietors of Carolina and the Bahama Islands, the latter received letters from Providence, dated Dec. and Jan. last, giving them account of the trial and execution of four notorious pirates. Signed, Wm. Thornburgh. Endorsed., Recd. March 11, Read March 12, 1699/1700. ¾ p. [Board of Trade. Proprieties, 5. No. 25.]
March 10.
208. Col. Quary to the Council of Trade and Plantations. Repeats part of substance of [March 6. No. 189. Letter to Board]. Signed, Robt. Quary. 2 pp. [Board of Trade. Proprieties, 5. No. 27.]
March 10.209. Col. Quary to Mr. Secretary Vernon. Duplicate of No. 188. (March 6. Letter to Vernon). Signed, Robt. Quary. [Board of Trade. Proprieties, 5. No. 28.]