America and West Indies
June 1700, 6-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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302-329

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'America and West Indies: June 1700, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 302-329. URL: http://www.british-history.ac.uk/report.aspx?compid=71349 Date accessed: 02 August 2014.


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Contents

June 1700

June 6.
Hampton
Court.
502. Order of King in Council, approving the report of the Council of Trade and Plantations as to granting passes, and directing the Admiralty to cause the particulars thereof, as far forth as it concerneth them, to be duly observed, and also to consider whether a duplicate of the letter ordered to be sent to H.M. Consul at Algiers (vide May 30) may not fitly be sent to the Commander of H.M. man-of-war at present in or near the Streights with instructions to join with the Consul in his application to the Dey. The Admiralty are to cause counterparts to be sent to the Consul, to be disposed of according to his letter of April 13th. Signed, John Nicholas. Endorsed, Recd. 8th, Read 17th June, 1700. 1 p. [Board of Trade. Plantations General, 5. No. 67; and 35. p. 276.]
June 6.
Hampton
Court.
503. Order of King in Council, directing Mr. Attorney and Mr. Solicitor General forthwith to prepare Commissions to pass the Great Seal of England to the respective Governors and other the persons mentioned in the report of the Council of Trade and Plantations, for the trial of pirates within the Plantations pursuant to the late Act of Parliament, for the more effectual suppression of piracy. Signed, John Nicholas. Endorsed, Recd. 8th, Read 17th June, 1700. ¾ p. [Board of Trade. Plantations General, 5. No. 68; and 35. p. 274.]
June 6.
Hampton
Court.
504. Order of King in Council, approving the appointment of George Larkin, Esq., to be sent with duplicates of Commissions for trying pirates to the several Plantations as proposed by the Council of Trade and Plantations, who are to prepare the necessary instructions, and ordering the Treasury to consider of a fit sum to enable him to perform this service. Signed, John Nicholas. Endorsed, Recd. 8th June, Read 17th June, 1700. ¾ p. [Board of Trade. Plantations General, 5. No. 66; and 35. p. 275.]
June 6.
Hampton
Court.
505. Order of King in Council, referring to the Council of Trade and Plantations the enclosed petition. Signed, John Povey. Endorsed, Recd. 7th, Read 10th June, 1700. ¾ p. Enclosed,
505. i. Petition of Capt. Elias Haskett to the King. Petitioner, lately recommended to your Majesty by the Lords Proprietors of the Bahama Islands for the Government of said Islands, hath given already sufficient security, as they required. The Lords of the Council of Trade seem to have no objection to him, but demand that the Lords Proprietors should also enter into security for your petitioner, who desire your Majesty to excuse them for not so doing, they having done all which law required from them, and because the demand of the Lords Commissioners of Trade is altogether new, prejudicial to their rights as Proprietors and of no advantage to your Majesty's service, nor warranted by any Act of Parliament, and that the Acts of last Session do sufficiently oblige them and such Governors as they present to your Majesty to a strict performance of their duty. Petitioner prays that the Council of Trade be directed to take his security, already offered, and such further security from him to His Majesty as shall be thought fit, that he may be dispatched to his Government forthwith. Copy. 2 pp. [Board of Trade. Proprieties, 5. Nos. 55, 55.i.; and 26. pp. 216–220.]
June 6.
Bermuda
506. Charles Walker to Sampson Mears. About eight days ago I received the Order of Council concerning the Dolphin, and presented it to the Governor and Council. The Governor in a contemptuous manner put the order in his pocket and refused to have it read or to communicate the matter to the Council, but upon my urging the matter home, and being something backed by some of the Council, he appointed another Council in two days, at which time the Council attended in hopes of answering the Order to satisfaction. He told them that the Order was not directed to him, therefore he was not obliged to take any notice of it. The Council urged that they might hear it read, for that they were strangers to the whole matter. The Governor wholly refused to acquaint them with it, saying it was not fit to be read at that Board, and many other expressions not becoming his post. I am afraid what I write can scarce be believed, it is so monstrous. I much fear this may be intercepted. Signed, Charles Walker. Endorsed, Recd. Read July 30th, 1700. 1¾ pp. Copy. [Board of Trade. Bermuda, 4. No. 30.]
June 6.507. Deposition of Paul Walsh, Master, and James Butler super-cargo, of the Cole and Bean galley. At the trial of the said galley in Carolina, the Judge refused to admit evidence showing that she was owned solely by English subjects. Signed, Paul Walsh, Ja. Butler. Endorsed, Recd. 7, Read 14 June, 1700. ¾ p. [Board of Trade. Proprieties, 5. No. 56.]
June 6.508. Minutes of Council of New York. Various accounts referred to a Committee.
Petition of Hendrick and Dyrk Coursen read. Ordered that — Hooghlandt be served with a copy and summoned to appear before the Board.
30l. paid towards providing 400 wheelbarrows for fortifying Albany and Schenectady. [Board of Trade. New York, 72. pp. 319, 320.]
June 6.
Boston.
509. Minutes of Council of Massachusetts Bay. The Province galley ordered to be sent eastward with supplies for trade with the Indians. Mr. Treasurer with the assistance of Major Walley and Capt. Southack to provide good suitable coats, shirts and hats for Noxis, the Sagamore at Kennebeck River, and for Bomatin and the other Indian now at Boston.
June 7.His Excellency nominated and the Council appointed:—
John Walley to be a Justice of the Superior Court.
James BailyJustices of the Peace for the County of Suffolk.
John WilsonJustices of the Peace for the County of Suffolk.
John ClarkeJustices of the Peace for the County of Suffolk.
John HubbardCoroners.
John Fisher, jun.Coroners.
Samuel ThaxterCoroners.
Major James Converse,J.P. for Middlesex.
Major Thomas NoyesJ.P.s for Essex.
Capt. John LeggJ.P.s for Essex.
Capt. Nath. NordenJ.P.s for Essex.
Major Francis Wainwright,Coroner for Essex.
Joseph Hammond, Justice of the Inferior Court,County of York.
John Wheelwright, J.P.,County of York.
Charles Frost, Register of Wills,County of York.
Joseph Hammond, junr., Coroner,County of York.
John Cushing, junr., J.P. and Justice of the Inferior Court,County of Plymouth.
Isaac WinslowJ.P.s, County of Plymouth.
Elihu BrettJ.P.s, County of Plymouth.
Capt. Seth Arnold, Sheriff,County of Plymouth.
Nathaniel Thomas, junr.Coroners, County of Plymouth.
Joseph OtisCoroners, County of Plymouth.
Capt. William Bassett, Register of Wills,County of Barnstable.
Shubal SmithCoroners, County of Barnstable.
Capt. Samuel FreemanCoroners, County of Barnstable.
Josias ThackerCoroners, County of Barnstable.
Ebenezer Brenton, J.P.,County of Bristol.
Pelatiah Glover, Coroner,County of Hampshire.
[Board of Trade. New England, 49. pp. 295–297.]
June 6.
Boston.
516. Minutes of Council in Assembly of Massachusetts Bay. Amended bills for the speedy assignment of dower, and the better regulating of prisons, and bill providing for posthumous children, were read and passed and sent down.
June 7.7l. granted to Theophilus Farrington, who lost an eye in H.M. service against the French and Indian enemy, 1690.
Upon the petition of John Hathway, and other inhabitants in the South end of Taunton for a meeting-house and minister at the charge of the town, Deacon John Carey of Bristol, William Brett of Bridgewater, Samuel Peck of Rehoboth and Jacob Tompson of Middleborough were appointed as a Committee to enquire into the circumstances.
Upon the petition of Capt. William Whiting of Hartford, he was ordered to procure a surveyor to lay out the 1,000 acres of land granted to his father, the Rev. John Whiting, granted to him by the Governor and Company of the late Massachusetts Colony, 1684. These two orders were sent down to the Assembly for their concurrence.
Petition of inhabitants of Barwick, that they be made a township distinct from Kittery, referred to the next General Assembly.
Joint Committee of the two Houses appointed to consider methods to obviate the industry of the French Missionaries in debauching the Five Nations, and to bring again the Eastern Indians under the obedience of His Majesty.
Petition of inhabitants of Wrentham, brought very low by reason of the late war and other distressing Providences of God, to be remitted the 20l. assessed upon them for the tax granted to His Majesty, 1696, sent up from the Representatives, was granted.
June 8.Upon the petition of Elisha Hutchinson, he was ordered to procure a surveyor to lay out 300 acres of land granted by the General Court of the late Colony of Massachusetts Bay, 1674, to his father, Capt. Edward Hutchinson, who soon after lost his life in the country's service, and 300 acres in addition. This order and a petition of several Proprietors and former inhabitants of Casco Bay for a resettlement of that country were sent down to the Representatives.
The Committee, appointed to treat with the Commissioners of Connecticut Colony, reported that the credentials and powers of the Commissioners were ample and full. Their proposals were read at the Board and debated. [Board of Trade. New England, 49. pp. 348–352.]
June 7.
Whitehall.
517. Council of Trade and Plantations to the Earl of Jersey. Having understood by a letter from Governor Grey, that he and the Council of Barbados had fallen into the mistake, upon a clause in the Act for preventing frauds, etc., to believe that Scotchmen are not qualified to bear offices in that Island, and that they had thereupon displaced all Scotchmen from being in the Commission of the Peace; upon the Attorney and Solicitor General's report, we desire you would please to offer unto His Majesty our humble opinion that a letter be immediately writ to the Governor and Council of Barbados, enclosing a copy of the said report (May 11th), and directing that all Scotchmen put out of Commission upon that mistake be forthwith restored, and that no distinction be there made against the inhabitants of that Island, who are His Majesty's native-born subjects. Signed, Stamford, Lexington, Wm. Blathwayt, Jo. Locke, Abr. Hill, Geo. Stepney. [Board of Trade. Barbados, 45. pp. 65, 66.]
June 7.518. Journal of Council of Trade and Plantations. Letter from Mr. Grey, March 23, and papers relating to George Duncan, read. The report of the Attorney and Solicitor General, May 11, upon the qualification of Scotchmen to bear offices in the Plantations, was sent for and read, and a letter immediately writ to Lord Jersey with the opinion of this Board to be laid before His Majesty.
Capt. Long, who is lately arrived from Darien, acquainted the Board that he has given Mr. Secretary Vernon a Journal of his voyage, and promised to bring a copy of it. [Board of Trade. Journal, 13. pp. 63–65; and 97. No. 104.]
June 8.
Admiralty
Office.
519. Mr. Burchett to William Popple. I understand from Capt. Caldwall, H.M.S. Advice, that she will be ready to sail to New England in a week's time at farthest. Signed, J. Burchett. Endorsed, Recd. 8th, Read 10th June, 1700. ¾ p. [Board of Trade. New York, 10. No. 4; and 54. pp. 228, 229.]
June 10.
Whitehall.
520. William Popple to William Bird. The Council of Trade and Plantations desire proofs in writing as to the release of two ships seized by the French on the coast of Portudal, 1680 and 1681. [Board of Trade. Trade Papers, 15. p. 91.]
June 10.
Carolina.
521. Governor Blake to the Earl of Jersey. Some time since I enquired of you His Majesty's pleasure as to two pirates of Hind's company, that I had in my custody but had no evidence against them. Since which some persons are arrived here that had been plundered by them, so that I have brought them to their trial here. They are condemned to be executed two days hence. I have seven other pirates that now lie condemned, six of which are at the same time to suffer death, the other, who is the least guilty, I save to be executioner to the rest. I am sure nothing but examples of this nature will put a stop to those barbarous villainies, the sea now so abounding with them that a ship cannot stir for them in this part of the world: the pirate the seven did belong to had in three months' time taken 17 English vessels, and, upon a difference amongst themselves, turned those that we have condemned ashore on our coasts. They have watered in a river a little to the southward, and were got out to sea again before I could come up with them, it taking up some time to fit out two sloops as I did against them, having none in readiness. I beg your Lordship would address His Majesty to order one of his small frigates to attend this Government and the Bahamas, in order to the keeping this coast clear from pirates, for as it now is there doth hardly a ship come through the gulf or on our coast but is plundered. Signed Joseph Blake. Endorsed, R. 21 August. 1 p. Addressed and sealed. [America and West Indies. S. Carolina, 620. No. 6.]
June 10.
Charlestown.
522. Governor Blake to Mr. Secretary Vernon. I have received H.M. Orders relating to the Swallow of London, George Harris, Commander, and have accordingly made satisfaction to Mr. Renewe, without taking commission from him, so that I hope that matter is now at an end. I have writ to the Earl of Jersey about a frigate to attend this Government, and humbly request you would be pleased to put his Lordship in mind of it. Signed, Joseph Blake. Addressed and sealed. ½ p. [America and West Indies. S. Carolina, 620. No. 7.]
June 10.
On board
H.M.S.
Shoreham, without the
Cape of
Virginia.
523. Governor Nicholson to the Council of Trade and Plantations. I thank God that by this opportunity of H.M.S. Essex prize, Capt. John Aldred, Commander, I send an account of a French pirate ship being taken, who had on board an hundred and odd men, and a list of the pirate-prisoners aboard several ships now, God willing, designed for England, as also of eight of them which died on shore and three which were condemned to be hanged, after which they broke prison, but were caught again and executed. I send an account by Capt. William Passenger, H.M.S. Shoreham, of taking the pirate, and I am in hopes that my being then on board was noways contrary to my duty, neither my being now on board and intending to go with the fleet 40 or 50 leagues off in hopes to convoy them safe from the coast, that being reckoned the distance within which the pirates cruize. I send a list of the fleet which I ordered Capt. Aldred to convoy to England; their sailing instructions; the receipt for the Captain of the Pirates, and one for a Dutchman and a New England boy, which are sent for England as evidences against the pirate, with the account of such men on board the Essex prize etc. which were on board the Shoreham. For it is humbly proposed that Capt. Aldred and the seven men may be evidences against the pirates, as also Joseph Man. In the Journal of Council your Lordships may see what the Council and myself did concerning Capt. Aldred convoying the fleet, and what orders we gave about getting provisions for the pirate prisoners, and the instructions given to Capt. Passenger and Lt. Col. Willson, and to the Masters for carrying the prisoners to England, with the reasons why they were put on shore out of H.M.S. Shoreham, etc. I hope in God the quarter I gave them is agreeable to His Majesty's commands of Nov. 10, '99. The reasons which induced me to do it are contained in the trial of the pirate-ship. I also hope my sending the pirates home for England will be so too. I enclose letters to and from Governor Blakiston concerning H.M. advice-boat Messenger, Capt. Peter Cood, by which your Lordships may please to see of what little service that ship will be, and by the Journal of Council what is done concerning Capt. Cood. But I am in hopes His Majesty will give orders that the Shoreham may have her full complement of men, which is most humbly requested, as you may see in the Journal of Council. For certainly we are in a state of war with the pirates, expecting them upon our coasts, and many be within the Capes all this summer. Those great rogues and enemies to all mankind are sensible of their condition if they be taken, which naturally makes them very desperate. I send the Minutes of Council, June 5, 1700 and hope what is done therein will be approved by your Lordships; but if otherways, which God forbid, I hope it will not be imputed to an error of my will, but understanding.
And your Lordships may please to see by all the Journals how few of H.M. Council come at one time, which makes it very difficult for me to dispatch His Majesty's affairs, where I am required to do them in Council, and therefore I beg your pardon for not by this opportunity transmitting particular answers to your letters of June 26 and 28, '99. I enclose a copy of two Acts about Attorneys, which I hope will answer your orders about that affair. And what you write concerning a house for His Majesty's Governor, I assure you it is not the 150l. per annum, which His Majesty is graciously pleased to allow me for the rent of a house, (being for want of a Governor's house one way or other it is more chargeable to me, but if it were not so and His Majesty should discontinue that allowance, I should only be so much poorer and less able to serve his Majesty) which hath been the cause that one is not already built. But as I have, so I will use all my endeavours to have a house built at Williamsburgh, in which place I took up some lots the last Fall, and have likewise agreed for 40 or 50 acres adjoining them. And when the Assembly meets, God willing, about the middle of September, I will endeavour to have it done. We are in hopes there will no orders come from England of doing it sooner, because betwixt this and then is the hottest season of the year, and the most busy and only time for the Planters making their tobaccos, and I thank God there's like to be a good crop of it, as likewise of Indian corn, the staff of this country, and of wheat. In the spring there was a mighty appearance that great damage would be done by the caterpillars, but it hath pleased God that they have not done very much, therefore to Him be the glory, and I thank God that we are all in peace and quietness, and I have not had an account of any murders that the Indians have done this year, either at the head of James River, or Potomock, which they commonly perpetrated either in the spring or fall, if not in both; so I hope there will be no more.
As to the revision of the Laws, I am heartily sorry you are not satisfied with the method which I took, but I assure you that all relating thereto was done with the advice and consent of the Council, as may be seen by the Journals enclosed. I have sent orders to Peter Beverly, Clerk, to get ready for your Lordships what they have done since. What you write, Jan. 4, concerning the revisal of the laws shall be observed, and I hope in God I shall meet with no such trouble here as I did in Maryland concerning the putting into a law things of a different nature from what is expressed in the title of it. But I have an account that in Maryland they have passed an Act for Religion, etc. without that clause of a different nature in it. I am heartily sorry that the laws, which I sent, were not under the seal as these are; but I have another copy, which I hope, God willing, in a month or five weeks' time to have an opportunity of sending with a full and I hope satisfactory answer of all the rest of your commands. For when, please God, I return, I intend to have H.M. Council meet me at James' City in order thereunto.
I send the names of 15 gentlemen humbly recommended to be of the Council, and of those ten which are. Enclosures described. It is a very great satisfaction to me that you approve of what I did about having pirates and illegal traders tried in the Court of Admiralty. With humble submission, I think it will be almost impossible to prevent them in these parts of the world, except the Courts of Vice-Admiralty be well established, especially in the Charter and Propriety Governments, and they to be tried there. But I was extreme glad to hear that the L.G. of Providence had taken three or four very notorious pirates, had them tried and executed. I think there were no Courts of Vice-Admiralty in these parts in which illegal traders were tried, either in H.M. Governments or others, before His Majesty was pleased to appoint, pursuant to the Acts for preventing fraud, etc. And the Admiralty affairs were done in other very improper Courts. I am humbly of opinion that it will be prejudicial to His Majesty's interest in all respects, if such Courts be not established on the whole English Continent here; for the inhabitants, nay, may be the Governments, may in some years pretend custom, and then, when they are grown more powerful, it may be very difficult to get their ways altered. Such Courts will make them depend more upon old England both in point of Government and Trade. These parts, being trading Colonies, seem to want and require such a Court, in order to keep them within their bounds of dependance, and this time of pirates seems to be very favourable for the fully establishing the Courts, and at least to have them set up in each Province.
The Rt. Hon. William Pen hath three or four times favoured me with his letters, wherein he is pleased to write that he hath begun to reform matters there concerning pirates and illegal traders, and I hope that he will do it effectually. According to his desire, I have assured him that, what in me lies, I will assist him, tho' I will not pretend to give the ingenious etc. Mr. Pen any advice how to manage affairs. I think myself happy that you approve of my corresponding with their Excellencies the Earl of Bellomont and Col. Blakiston, which I hope in God I shall continue with them, as also Mr. Penn, for His Majesty's service. But I am apprehensive that His Majesty's service will not allow me meeting them this summer in Pennsylvania, for I am not willing to be far from the mouth of James River this summer, by reason of the pirates. And our Assembly being to meet, God willing, in September and the General Court in October, I shall not be able to go to Pennsylvania or New York till the beginning of November, at which time, if they please, God willing, I'll meet them, because I find your Lordships are willing we should be together. And tho' I will not pretend to the parts of any of them, yet I hope we shall endeavour in some measure to answer your expectations.
I enclose the proceedings of the General Court, Oct. '99, and April 1700, concerning Navigation Bonds etc. I humbly propose, if His Majesty remit the forfeiture of the old Navigation Bonds, either here or in Maryland, that a letter or order be sent to both Colonies, certifying that none for the future shall be forgiven, for unless such an order be sent, or some of the bonds be executed, the prosecuting of them will be esteemed only ad terrorem, for I am sensible that some take it so. Finding that few of the Collectors and Naval Officers had any body of Instructions, I, with the advice of the Council, gave them their Excellencies the Lords Justices their Instructions to me with some others, and hope you will not disapprove my so doing.
You write, Jan. 4, that I had done directly contrary to my Instructions in appointing the same person to execute both the Naval Office and that of Collector of the 2s. per hhd., as also to my own opinion, which I writ to you from Maryland, July 13, 1697. I am heartily sorry you do not approve, but what I have done here I hope is not repugnant to what I writ from Maryland. For in that letter the Collector was the person deputed by the Commissioners of H.M. Customs, and the Naval Officer the person appointed by the Governor, pursuant to the Acts of Trade, etc., and their places should be executed by two distinct persons, but the office that I have here joined to that of the Naval Officer is not that Collector, but the Receiver of the 2s. per hhd. and the Virginia duties, tho' sometimes called the Collector. And I did then and do now humbly offer that this officer and the Naval Officer be the same person. It is a very great satisfaction to me that you approve of what I have done concerning His Majesty's revenue, and I shall, God willing, endeavour to continue the same. The orders I have given Mr. Auditor Byrd concerning H.M. revenue of 2s. per hhd., as also of the quit-rents, may be seen in the Journals of Council. I shall not be wanting to use my interest with the Committee for revising the Laws, and afterwards with the Assembly concerning the improving of His Majesty's said revenue. I thank God that the quit-rents this year are sold for the full value, excepting one County. What directions you send concerning His Majesty's land on the south side of Blackwater Swamp and Pomunkey Neck shall be observed by me. I'm in hopes that this year, please God, there will come in a good many negroes, so that there may be money enough in a year or two to build a house for His Majesty's Governour, as also the Capitol. I am very glad you were satisfied with what I did about the bounds of North Carolina: your orders, Jan. 4, concerning North Carolina, shall, God willing, be observed by me. I enclose copies of letters to and from Joseph Blake, Governor of South Carolina, and hope my corresponding with him will not be disapproved by you, for I hope, as I design, it may be of service to His Majesty; and that he hath given you an account of the French their endeavouring to seat themselves upon the River Mesachippi, which I hope in God will be prevented. When the Council meets, what you write concerning the new trade with the Western Indians shall be laid before them, in order to give your Lordships a further account of that affair. Signed, Fr. Nicholson. Endorsed, Recd. 18th, Read 31st July, 1700. 5¼ large pp. Enclosed,
523. i. List of 111 pirates sent from Virginia. Signed, Wm. Wilson. Hampton, June 8, 1700. 1 large p. Endorsed, Recd. 18 July, 1700.
523. ii. Capt. Passenger's account of the taking of a French pirate. Hearing from a merchant ship, on Sunday, April 28, at Kiquotan, news of a pirate in Lynnhaven Bay, that had taken some Virginiamen bound out of the Capes, I set sail, and the wind being contrary and night coming on, anchored about three leagues short of the pirate. About ten at night H.E. Francis Nicholson came on board with Capt. Aldred of the Essex prize and Peter Heyman, Esq., who remained on board during the whole action. At four next morning I came within half a mile of the pirate. He got under sail, with a design to get to windward and board us, and said "This is but a small fellow, we shall have him presently." I guessed his intention and kept to windward, fires one shot at him, he immediately hoists a Jack, ensign, with a broad pendent all red, and returned me thanks. So then the dispute began and continued till three in the afternoon, the major part of which time within pistol shot of one another. It was a fine top gallant gale of wind, and I sailing something better than the pirate, so that he could not get the wind of me to lay me on board, which was his design. After we had shot all his masts and rigging to shatters, unmounted several guns and hull almost beaten to pieces, and being very near the shore, he put his helm a-lee, so the ship came about, but he having no braces, bowlines nor sheets to haul his sails about, and we playing small shot and partrige so fast that all his men run into the hold, so the ship drove on shore with all her shattered sails aback. I let go my anchor in three fathoms of water, so he struck his ensign. I left off firing. They had laid a train to thirty barrels of powder and threatened to blow the ship up, so the English prisoners, that were on board, interceded for one to swim on board of me to acquaint me of his design and desire they might have some promise of quarter, otherwise those resolute fellows would certainly blow up the ship. His Excellency the Governor being on board, in regard of so many prisoners that were His Majesty's subjects, thought fit to send them word under his hand and lesser seal they should be all referred to the King's mercy, with the proviso they would quietly yield themselves up prisoners of war. Signed, W. Passenger. Subscribed, Copy of quarter granted to Capt. Lewis [Guittar] of the Laypaste [? La Paix] Ap. 29, 1700. Signed, Fr. Nicholson. On board H.M.S. Shoreham. The whole endorsed as preceding. 1¾ pp.
523. iii. List of 57 ships designed for England under convoy of the Essex prize. June 9, 1700. 2 large pp.
523. iv., v., vi. Sailing and fighting instructions and orders for the above. Signed, Aldred. May 27 and June 5. Essex prize in James River. 5 pp.
523. vii. Certificate of William Hutchinson, mate, and seven of the crew of H.M.S. Shoreham, that they delivered the pirate captain, Lewis Guittar, on board the George of Plymouth, by order of Capt. Wm. Passenger, with His Excellency's Order in Council to require John Kern, the master, to receive him, which John Kern did deny. Signed, W. Hutchinson and seven others. Countersigned, W. Passenger. ¾ p.
523. viii. Receipt for two men, Abraham Circulus and Wm. Hund, to be taken to England as evidences against the pirates in the Abraham of London. Signed, Josha. Cook. ¼ p.
523. ix. (1) Account of the men belonging to H.M.S. Essex prize, who were aboard of H.M.S. Shoreham the time of the engagement with the pirates. Signed, Aldred.
523. ix. (2) Copy of Minute of Council of Virginia, James City, May 22, 1700. The whole, 1 p.
523. x. Copy of proceedings of the Admiralty Court, Hampton Town, May 11–15th, 1700, at the trial and condemnation of the French ship, the Peace, which had piratically seized and robbed the Baltimore pink, John Loveday, master; the George, sloop, Joseph Forest, master; the Pennsylvania Merchant, Samuel Harrison, master; the Indian King, Edward Whitaker, master; and the Nicholson, Robert Lurting, master. Endorsed, Recd. 18th July, 1700. 11¼ pp.
523. xi. Memorandum of the trial and condemnation of three pirates belonging to the French pirate ship. May, 1700. ½ p.
523. xii. Copies of depositions of Edmund Ashfeild, Joseph Forest, Samuel Harris, Samuel Harrison, Samuel Blewit, Edward Grey, Rowland Thomas, Edward Whitaker, Samuel Crutchfeild, Baldwin Mathewes, William Woolgar, Peter Shaw, Francis Warrell, Joshua Atkinson, Joseph Bigger, Thomas Watt, John Webb, Andrew Davison, John Galt, John Calwel, Robert Lurtin, John Limpany, George Livingston, Joseph Mann, Jos. Wood, Thomas Mourry, Wyboard Solley, and other sailors and prisoners, as to piratical acts of the ship La Paix. Same endorsement. 22½ pp.
523. xiii. Copies of warrants, letters, etc., relating to the seizure of the pirate ship, La Paix, and the escape and recapture of the three pirate prisoners, John Hongling, of New York, Cornelius Franc, a Dutchman, and François Delaunee, a Frenchman. Ap. 28–May 25, 1700. Same endorsement. 26½ pp.
523. xiv. (1) Governor Nicholson to Governor Blakiston. James Town, May 4, 1700. Last night I returned from Kicotan, where on April 28 I had an account about pirates, and therefore thought fit to despatch some necessary orders to the Militia Officers, and Collectors and Naval Officers; and the Colonel or chief officers of Northumberland County I did empower to press a good boat and able men and send an account to any of His Majesty's officers, military or civil, in your Excellency's government, and an express to you, which I hope they did. There was but one pirate, and it has pleased God that he was taken. I will send you a particular account of Capt. Passenger's Journal, as also our resolves for H.M. service in Council. Signed, Fra. Nicholson. Copy. 1 p.
523. xiv. (2) Governor Nicholson to Governor Blakiston. James Town, May 9th, 1700. Our friend Mr. Benjamin Harrison will send you the proceedings of myself and Council. The Judge of the Admiralty and his officers go down this day to Kicotan to try the pirates' ship. I have given a commission pursuant to an Act of Assembly about pirates, the same as in Maryland, in order to the trying of three of the pirates there. The rest I gave quarter to upon the account of saving 40 or 50 prisoners' lives. I send you a copy of a letter I had from Col. Scarburgh, one of H.M. Council, who lives on the Eastern shore, together with the deposition of one Fletcher, a master of a vessel, and copies of a letter from Mr. Harrison and of one to Capt. Passenger. H.M.S. Shoreham received so much damage in the engagement, and withal wants a new mainmast, that she is not yet ready, and the prize is so very much battered that she is not to be ventured out of the Capes, but he sent his lieutenant with his long boat and a boat or two more. This evening I design, God willing, towards Kicotan, in order, if there be any occasion, to go on board H.M.S. Essex prize, which Capt. Aldred hoped to have ready to sail by to-morrow. When the fleet sails thence, I design to go on board the Shoreham in order to convoy them 40 or 50 leagues. Signed, Fr. Nicholson. Copy. 1¼ pp.
523. xiv. (3) Governor Blakiston to Governor Nicholson. Maryland, May 11, 1700. I congratulate you on your success. Several considerable ships sailed hence not above four days ago: I hope Capt. Cood will overtake some of them in the Bay. I have given him orders to get his vessel in readiness and attend you, and to bring back an account whether it may be safe for the ships now here to depart. But in case you esteem it for His Majesty's service that he make some stay in Virginia, he is to follow your Excellency's orders. Signed, N. Blakiston. Copy. ¾ p.
523. xiv. (4) Copy of Governor Blakiston's instructions to Capt. Peter Cood, H.M. advice-boat Messenger, as above. May 12, 1700. ¾ p.
523. xiv. (5) Governor Nicholson to Governor Blakiston. James Town, May 18, 1700. I hope Capt. Cood will bring down your ships before the 30th, the day appointed for their sailing for England. Signed, Fr. Nicholson. Copy. ½ p.
523. xiv. (6) Governor Blakiston to Governor Nicholson. Maryland, 15th May, 1700. Maryland as well as myself is obliged to you for your favour in sending an express to prevent the ships in this Province running into the mouth of an enemy. To-morrow morning I will dispatch orders to the Collectors and Naval Officers to inform all ships going out of this Province to rendevouze, according to your Order of Council, which will be great safety to them to see them 40 or 50 leagues off the Capes, which in all moral probability is clear of all danger; and if they will not embrace it, let it be at their own peril. You know what strange sort of people some of them are, rather than go a league out of their way, they will run any hazard. The wind has been against Capt. Cood ever since the 9th, till to-day. I hope he may be with you to-morrow night. The coast seems to be environed with pirates, but the reception your Excellency has given them will, I hope, deter them. I communicated your resolution in Council to the Council here, who conceived Capt. Cood of little advantage to cruize below. But he shall always be ready to attend you upon the least signification. There is no other impediment but his want of provision. He has not now above six weeks'. I moved it to the Council about supplying him, but His Majesty having no public revenues here, it was not to be done. If you can propose any way, I should be glad. He must be subsisted at least some way for a while, but the public here will not undertake it, so I must endeavour as well as I can to assist him till he has directions out of England. Signed, N. Blakiston. Copy. 1½ pp.
523. xiv. (7) Minute of Council of Maryland, Annapolis, May 4, 1700. 1¼ pp. The whole endorsed, Recd. 18th July, 1700.
523. xv. (1) (2) Copies of Instructions from the Lords of the Admiralty to Capt. Coode, H.M. advice-boat Messenger, Aug. 19 and Aug. 21, 1699. 3 pp.
523. xv. (3) Governor Blakiston to Governor Nicholson. Maryland, 1 Xber, 1699. Capt. Cood, H.M. spy-boat Messenger, arrived here on Saturday. It was a miracle of Providence she ever got within the Capes, she is so small and low. I enclose a copy of his orders, by which you are also concerned in the conduct of her, and if at any time you would have her come down to Virginia, she shall attend you, upon the least intimation. There is not a moneth or two at most in the year that she can go out of the Capes to have the prospect of coming in again. Signed, N. Blakiston. ¾ p. Enclosed,
523. xv. (4) Capt. Coode to Gov. Nicholson, reporting his arrival. Annapolis, Dec. 1, 1699. Signed, P. Coode. ½ p.
523. xv. (5) Minutes of Council of Virginia, Dec. 19, 1699, and Feb. 22, 1700, concerning the movements of the Messenger. 1 p.
523. xv. (6) Copy of Instructions of the Admiralty to Capt. Wm. Passenger, H.M.S. Shoreham, Nov. 6, 1699. You are to land Col. Fox at Nevis, to proceed to Jamaica, and, having delivered to Rear Admiral Benbow the packet which directs his returning to England, you are then to make the best of your way to Virginia, to follow such orders as you shall receive from the Governor thereof, for the security and defence of that Colony, or from the Governor of Maryland, etc. Signed, J. Bridgwater, Geo. Churchill, G. Rooke. Countersigned, J. Burchett. 2 pp.
523. xv. (7) Governor Nicholson to Capt. Passenger, directing him to impress nine men, cruize in Cheseapeak Bay, and provide for the victualling of his ship from England. Copy. 2 pp.
523. xv. (8) Minute of Council of Virginia, Ap. 17, 1700, providing for the purchase of Joshua Brodbent's sloop as a tender for the Shoreham. 1 p.
523. xv. (9) Capt. Passenger to Gov. Nicholson. Kikotan, James River, Ap. 23, 1700. The sloop proposed to be purchased is very old and rotten.
523. xv. (10) Minute of Council of Virginia, Ap. 24, 1700, directing Capt. Passenger to make enquiry for another sloop. 1 p.
523. xv. (11) Governor Nicholson to Capt. Passenger. Last night William Clay, master of the Endeavour of South Carolina, who is arrived in York River, told me that Capt. Breholt, commander of the Carlisle, 36 guns and 120 men, who had been tried for piracy in South Carolina some time before and acquitted, sailed out of Ashley River about March 26, came to an anchor without the bar, landed on Sallevard's [? Sullivan's] Island, and there killed a great many cows, hogs and goats, the best of which they carried on board. He told Capt. Clay he designed either to sail for Smith's Island in Virginia, to get more provisions, or else to Cape de Verd. I have no doubt you will put H.M.S. Shoreham in a condition to cruise as soon as possible, and hope you may take this Capt. Breholt. Signed, Fr. Nicholson. Copy. 1 p.
523. xv. (12) Gov. Nicholson to Capt. Passenger, ¾ p., enclosing,
523. xv. (13) Instructions concerning H.M. ships of war, communicated by the Council of Trade and Plantations, June 26, '99. 1¼ pp.
523. xv. (14) Capt. Passenger to [? Gov. Nicholson]. James River, April 25, 1700. I cannot omit giving you an account of the many threats of the law and other scurrilous language I met with by executing your warrant and taking one man out of fifteen from the Canterbury, by one Tregenny, master, who said he valued not your order, there was no law for pressing, and if the ship came to damage he would lay it to my charge. I know not but this young uppish spark, fitter for a school than a master of a ship, may wilfully or through ignorance run her ashore, and I shall be liable to be laid in jail for it when I come to England. For I know a precedent. The Captain of the Deptford for impressing men in Barbados, with a warrant from the Lord High Admiral of England and express orders from the Admiralty, the master laid up his ship at Barbados, and they prosecuted Capt. Wayes at common law, and, if cast, he must expect to die in a jail for the damage. I doubt not but your Excellency will protect me. The Canterbury is here, but expecting to sail in a day or two. Signed, Willm. Passenger. Copy. 1 p.
523. xv. (15) Capt. Passenger to [? Governor Nicholson] Off Raven Bay, May 20. I have information from Thomas Young, formerly belonging to the George sloop, Joseph Forest, master, that she is an illegal trader, since she belongs to the old Spaniard that's on board. I have siezed her, till they can make appear to the contrary. Signed, Wm. Passenger. Copy. ¾ p.
523. xv. (16) Copy of receipt for papers and warrants, etc., from Governor Nicholson. Jamestown. April 17th 1700. Signed, Wm. Passenger. The whole endorsed as preceding.
523. xvi. Memorandum of proceedings relating to the Essex prize, Dec. 10, 1698–Feb. 25, 1699, and to pirates, 1699. ¼ p.
523. xvii. Memorandum of Journal of proceedings of the Essex prize, Dec. 12, 1698–April 9, 1700. ¼ p.
523. xviii. Memorandum of Minutes of Council of Virginia, June 5, 1700. ¼ p.
523. xix. Copy of an Act for ascertaining Attorney's fees (1680) and an Act repealing it. Copy of Lord Effingham's proclamation repealing the latter and four other Acts, June, 1684. Copy of protest of the House of Burgesses of Virginia and Lord Effingham's reply. Copy of Order of Council, Sep. 9, 1689. Copy of Governor Nicholson's proclamation, July 26, 1690, repealing the Act of 1680 revived by the repeal of the Act of 1684. 7 pp. Same endorsement.
523. xx. Memorandum of Minutes of Council of Virginia, Ap. 15–June 8, 1699. ¼ p.
523. xxi. Memorandum of Journal of Assembly, Ap. 27–June 8, 1699. ¼ p.
523. xxii. Memorandum of Journal of Burgesses, Ap. 27–June 8, 1699. ¼ p.
523. xxiii. Memorandum of Acts of Assembly, Ap. 27–June 8, 1699. ¼ p.
523. xxiv. Memorandum of Journal of Committee to revise the Laws, July 5–Nov. 11, 1699. ¼ p.
523. xxv. Memorandum of directions of above Committee ¼ p.
523. xxvi. Members of Council of Virginia. Richard Lee lives upon Potomock River, about eighty miles from Williamsburgh, and has petitioned to be excused from serving; William Byrd, H.M. Auditor of Virginia, lives in the Freshes, north of James River, about forty miles from Williamsburgh: Edward Hill, Judge of the Admiralty Court, lives seven miles higher up the river; Charles Scarborough, lives in Accomack, and has twenty leagues to come down the bay, etc.; Daniel Park went for England, 1697; John Lightfoot lives about 40 miles from Williamsburgh; Matthew Page lives north of York River; Benjamin Harrison lives about 25 miles above James Town. Signed, Fr. Nicholson.
Names of fifteen gentlemen recommended for H.M. Council of Virginia. Lewis Burwell, Robert Carter, William Leigh, John Custis, William Willson, Lawrence Smith, Miles Cary, Philip Ludwell, William Randolph, Joseph Ring, William Churchill, William Fitzhugh, William Bassett, James Ranson, John Lewis. The distance each lived from Williamsburgh described. Signed, Fr. Nicholson. Ralph Wormley, Secretary of Virginia, hath never been at Council nor General Court since my Government. Memorandum inscribed:— Messrs. Carter, Custis, and Burwell have been appointed Councillors. 2 pp. Same endorsement.
523. xxvii. Copy of petition of Richard Lee to be excused further attendance at the Council of Virginia, Oct. 26, 1699. 1 p.
523. xxviii. Memorandum of Minutes of Council of Virginia, Ap. 17–May 23, 1700. ¼ p.
523. xxix. Memorandum of Minutes of Council of Virginia, Feb. 22–Ap. 6, 1700. ¼ p.
523. xxx. Memorandum of Minutes of Council of Virginia, Dec. 19, 20, 1699. ¼ p.
523. xxxi. Memorandum of Minutes of Council of Virginia, Aug. 3–Nov. 16, 1699. ¼ p.
523. xxxii. Memorandum of Minutes of Council of Virginia, June 21, 22, 1699. ¼ p.
523. xxxiii. Memorandum of Minutes of Council of Virginia. Feb. 23–25, 1698/9. ¼ p.
523. xxxiv. Inventory of stores in H.M.S. Swift, March 30, 1699. Copy. 3 pp. Endorsed, Recd. 18th July, 1700.
523. xxxv. Copy of trial in the Admiralty Court between some seamen and John Neale, master of the Mary Anne of Plymouth. James City, Feb. 22, 1698/9. 3¾ pp. Same endorsement.
523. xxxvi. Trial of the Jane of Dublin, William Thornton, master, for illegal trading. Court of Admiralty, James City, Ap. 20, 1700. Her register and certificates appearing good, the ship was discharged from the seizure made by Peter Hack, Dep. Collector of Lower Potomock. Copy. 4½ pp. Same endorsement.
523. xxxvii. Trial and condemnation of the Providence of Dublin, John Hamelton, master, for importing goods direct from Ireland without cocquets. Court of Admiralty, Middlesex County, July 12–Oct. 9, 1699. Copy. 9¾ pp.
523. xxxviii. Abstract of proceedings of the General Court, Oct. 16, '99, relating to Navigation Bonds. Signed, C. C. Thacker and Bath. Fowler. Jan. 13, 1700. 1½ pp.
523. xxxix. Abstract of same. April, 1700. 1½ pp. Endorsed, Recd. 18 July, 1700.
523. xl. Copy of Instructions of the Lords Justices to Governor Nicholson, Sept. 30, 1698, relating to trade, and of his Instructions to Collectors, Naval Officers, etc., thereupon. 23 pp. Same endorsement.
523. xli. Account of articles delivered to the Collectors and Naval Officers, June, 1699, and their receipts. 5¼ pp. Same endorsement.
523. xlii. Criticism of the Act against importing bulk tobacco into England, 10 and 11 William. Signed, B. Harrison, June 3, 1700. 2½ pp. Same endorsement.
523. xliii. Memorandum of Collectors' and Naval Officers' lists of ships, March 25, 1698–May 20, 1700. ¼ p.
523. xliv. Attorney General of Virginia to Governor Nicholson. I am of opinion that Robert Bayley, master of the Lion of Bristol, by sailing without paying His Majesty's 2s. per hhd. has forfeited his entry bond, and by sailing in spite of the embargo laid by your Excellency upon all vessels to stay for convoy on account of the immediate danger of pirates, has committed high contempt of H.M. Government. Signed, Barth. Fowler. May 31, 1700.
523. xlv. Memorandum of Mr. Byrd's account of 2s. per hhd. for four months ending Ap. 25, 1700. ¼ p.
523. xlvi. Memorandum of Mr. Byrd's account of 2s. per hhd. for half year ending Dec. 24, 1699. ¼ p.
523. xlvii. Memorandum of Mr. Byrd's account of quit-rents for the year 1699, and of Patents passed June 6, 1699–Ap. 24, 1700. ¼ p.
523. xlviii. Memorandum of Mr. Carter's account of liquors, servants and slaves, 1700. ¼ p.
523. xlix. Memorandum of H.M. duty of one shilling per hhd. of tobacco exported out of Maryland, March 29, 1697–Nov. 15, 1698. ¼ p.
523. l. Memorandum of account of the Country Duty, arising on the Western Shore in Maryland, 1697, 1698. ¼ p.
523. li. Copies of proclamations, commissions, etc., for the examination of claims to public lands. June 21–Oct. 26, 1699.
Copies of warrants to empanel, and of a dedimus to swear a jury to value the land appropriated for the Capitoll and City of Williamsburgh.
Copy of the valuation of the land at Middle Plantation for the Capitol and City of Williamsburgh. The pro-prietors are to receive 20s. per acre. Signed, Joseph Ring, foreman, Warwick Mohun, Robert Read, Alex. Walker, Jeremiah Laundey, Lawrence Smith, jun., John Hockaday, Wm. Browne, Peter Crutchfeild, Wm. Pinkethman, John Frayser, Alex. Walker, jun. Sep. 8, 1699.
Copies of warrants for the execution of Samuel Bray, tailor, for the murder of his wife, and of Peter Indian for the murder of John Crostick. James City. Oct. 26, 1699.
Copy of Commission of Miles Cary as Surveyor General of Virginia, Feb. 25, 1699.
Copy of Dedimus to swear John Custis, Naval Officer, Oct. 26, 1699.
Copy of Dedimus for administering oaths.
Copy of Sheriffs' Commission.
List of Sheriffs appointed 1700; Henrico County, Francis Epps; Charles City, Littlebury Epps; Surrey County, Wm. Brown, jun.; Isle of Wight, Arthur Smith; Nansemond County, George Norsworthy; Norfolk, Richard Church; Princess Anne County, Wm. Cornex; Elizabeth City, Walter Bayley; Warwick County, Thomas Merry; York, Henry Tyler; James City, Thomas Cowles; New Kent, Nicholas Meriwether; King and Queen, John Walker; Gloucester, James Ransone; Middlesex, Robert Dudley; Essex, James Boughan; Richmond, Sml. Peachey; Lancaster, William Ball; Northumberland, Charles Lee; West-morland, Willoughby Allerton; Stafford, Richd. Fossaker; Accomack, George Nicholas Hack; Northampton, John Robbins.
Copy of Dedimus for swearing the new Sherriffs, Ap. 6, 1700.
Copy of Commission for Wm. Bassett to be capt. and lieut. col. of the Virginia troop in New Kent County. Other officers of the troop:—Francis Burnell, lieut. and major; Nicholas Meriwether, cornet and captain; John King, guidon and captain; Henry Chiles, quartermaster and lieut.; William Harman, David Anderson, John Breeding, brigadiers and lieutenants; Richard Allen, William Lacey, John Parkes, junr.; sub-brigadiers and cornets. Feb. 23, 1700.
Copy of Commission for pilots.
Copy of a commission of Oyer and Terminer for the trial of James, an Indian slave, for murdering his master, Thomas Bage, in Surrey County, March 5, 1699/1700.
Copies of the trial, condemnation and warrant for the execution of Jamey (John Ide), April 24, 1700.
Copy of an escheat patent of land in Henrico County, granted to Wm. Randolph, May 7, 1700.
Copy of a warrant for collecting quit-rents. Same endorsement. The whole, with abstract, 30 pp.
523. lii. Copies of Proclamations, July 12, 1699–May 23, 1700.
(I) Giving notice of the sitting of the Committee to revise the laws and inspect the building of the Capitol. July 12, 1699.
(2) Proroguing the General Assembly to March 15, 1700. Oct. 17, 1699.
(3) For the apprehension of Edward Buckmaster, Gilham and other notorious pirates. Oct. 26, 1699.
(4) Giving notice that the General Assembly and General Courts held after May 10, 1700, will be held at the City of Williamsburgh. Oct. 26, 1699.
(5) Prohibiting the entertainment or employment of strange Indians without licence from the Governor. Oct. 26, 1699.
(6) Forbidding the killing of whales within the Bay of Chesapeake, because of the great inconvenience arising to the inhabitants therefrom. Oct. 26, 1699.
(7) Enforcing the execution of penal laws, etc. Dec. 19, 1699.
(8) Giving notice of the precise days of hearing causes at the General Court. Dec. 19, 1699.
(9) For the apprehension of pirates and privateers. Dec. 20, 1699.
(10) Proroguing the General Assembly to May 8, 1700. Feb. 22, 1699/1700.
(11) For the apprehension of pirates and privateers with their goods. March 18, 1699 (1700).
(12) Appointing a day of fasting and general humiliation. April 6, 1700.
(13) Proroguing the General Assembly to July 31, 1700. April 6, 1700.
(14) For the apprehension of seamen suspected of piracy, and prohibiting the entertainment of straggling seamen. May 22, 1700.
(15) For securing flotsam and jetsam, waifs and strays, etc. All signed, Fr. Nicholson. The whole endorsed as preceding. 19½ pp.
523. liii. (1) Correspondence with the Dep. Governor of North Carolina :—Governor Walker to Governor Nicholson. July 28, 1699. The continual sickness of Thomas Harvey, late Dep. Governor, of which he died July 3rd, letted him from answering your Excellency. The Council acknowledges your kindness in putting forward the business of the bounds between the Governments. We shall not fail to give the Lords Proprietors a full account of it. A very great hardship hath been lately put upon an officer of this Government in Princess Ann County by one Maclenahan of that place. Some years ago Maclenahan commenced suit in this Government against one Fullwood, then waived his suit and obtained an attachment from a Magistrate in the above said county, and procured the under-sherrif to come to Crow Island in this Government and attach the goods of Fullwood. Whereupon the Deputy-Marshal, Wm. Bray, was commanded to rescue them, being within the jurisdiction of this Government, which he did, and took into custody the said Deputy-Sheriff till he gave bond for his appearance, etc., which bond was readily discharged upon application made to this Government by Capt. Cork, High Sherrif of Princess Ann County. And it was upon this occasion that Sir Edmund Andros raised the dispute about the bounds of the Governments, which we hope you will see happily ended. Now Wm. Bray complains that, being lately in Princess. Ann County, he was arrested at the suit of Maclenahan for the rescue he made within the jurisdiction and by command of this Government, and was compelled to find surety for his appearance. I offer this matter to your Excellency's consideration, hoping you will grant him relief. Signed, Henderson Walker. P.S.—I am further informed that some of the Magistrates of Princess Ann County discourse as if we had no further than a copy of the Patent, and that it was no confirmation; which we believe causes this breach. I desire you to signify to them what your Excellency hath seen of the Patent. I am well satisfied in my own thoughts that Virginia in after ages will be bound to return thanks to the Almighty for those generous designs of which you have been the only promoter. Copy. 1¼ pp.
523. liii. (2) Attorney General to Governor Nicholson. James Town, Aug. 17, 1699. Bray being arrested for a rescue committed in Crow Island, pretended to be in the Government of North Carolina, but alleged by Maclenahan to be in the Colony of Virginia, and the difference appearing to arise from the unsettlement of the bounds, I am of opinion he may plead the special matter either to the jurisdiction of the Court or in justification, upon which the trial of the cause ought to be deferred till the bounds are known. Signed, Barth. Fowler. Copy. Referred to the Justices of Princess Ann County, Aug. 22, 1699.
523. liii. (3) Memorandum. The charter shown to me (Gov. Nicholson) and Council was an exemplification of the charter granted by King Charles II, which is taken by us to be an authentick one. It is upon record in the Secretary's Office, where any persons may see or have a copy of it.
523. liii. (4) Barth. Fowler to the Dep. Governor of North Carolina. Aug. 27, 1699. His Excellency, being much indisposed with a feaver, commands me to acquaint you that he has taken care to do what in him lies to redress the grievances complained of by your Government (as above). His Excellency has heard nothing of Madam Smith's negroes, supposed to be run away and harbored in your Government, which he expected he should before this. Several servants and slaves are daily running hence into your Government, and there are concealed, which he hopes you will take care to prevent by a proclamation to that purpose, or such other method as you shall judge most expedient Copy. ½ p.
523. liii. (5) Deputy Governor of North Carolina to Governor Nicholson. Oct. 10, 1699. As to the runaways, neither our, laws nor practice deserves such an imputation of evil neighbourhood. There are none harbored here, nor shall any such thing be suffered. We have, besides our statutes against vagrants, a particular law that enjoins all persons on a penalty to apprehend runaway negroes and prohibits the harboring of them on the penalty of 10s. every night over and above all damage that can be proved, and I purpose to recommend it to the next Assembly if anything may be done more effectually. Not long ago information was made to me and the Council that one Grande at the Sand-banks had entertained some persons suspected to be run away from Esq. Corbin, for which he now stands bound over to the next General Court. I thankfully accept of your Excellency papers of public news by Col. Quary and congratulate you upon your recovery, etc. Signed, Henderson Walker. Copy. 1 p.
523. liii. (6) Governor Nicholson to Governor Walker. James City, November 8, '99. I enclose the report of the Justices of Princess Ann County. If you expect that there should be a suspension of the prosecution of that affair, H.M. Council and myself are of the opinion that Wm. Bray ought to give security to answer Maclenahan's suit, in case Crow Island be found within H.M. Colony and Dominion of Virginia. I have written to H.M. Secretary of State and the Council of Trade and Plantations about the bounds, as I promised you when you was here, and hope some time this winter to receive His Majesty's commands concerning that affair. I suppose that you have written to the Lords Proprietors about it and particularly about the Governor's being qualified according to the Act. You must give me leave to say that unless your laws against vagrants and runaways be vigorously put in execution, I fear they will not signify much. I am sorry not to hear anything of the negroes that ran away from Madam Smith. I told Mr. Corbin to write and return you thanks. If such fellows as Grandee be but made examples of, I suppose it will be one of the properest ways to prevent such clandestine dealings. I send you copies of letters I have received about pirates, and of my proclamation for their apprehension; I believe it may be for H.M. service if you please to issue out one in your Government. That great rogue Kidd I hear is in Boston Jail. Col. Edw. Hill, of H.M. Council here, is appointed by the Lords of the Admiralty to be Judge of the Admiralty both for Virginia and North Carolina. This is designed by one Mr. Joseph Harwood, who is sent by Col. Edmd. Jennings, one of the Council, to look after one David Ross, a carpenter lately run away from him, as also Thomas Roberts, a Welchman, who ran away from the Rev. John Bernard. I desire you would please to order all lawful assistance to be given to him. Signed, Fr. Nicholson. P.S.—I am very sorry to hear that those Indians which murdered the people and stole the goods are like to come off without being brought to condign punishment; and that it may not be an ill precedent to the Indians in these parts, and encourage them to do the like, is the hearty wishes of F. N. Copy. 1½ pp.
523. liii. (7) Copy of report of the Justices of Princess Ann County, Col. Anthony Lawson, Ben. Burrough, Henry Woodhouse, Robert Thorowgood. Oct. 12, 1699. Nathaniel Macklenahan v. Wm. Bray. We find that Crow Island is included in a patent of land granted to Mr. Patrick White in this Government, Ap. 20, 1682, and hath ever since been accounted and held in this County, and for which hath been paid quit-rents to the Collectors of this County. An owner thereof, who bought the same of White, was arrested by an under-sherrif of Lower Norfolk County, Thomas Hall, and submitted and gave security to the said officer.
523. liii. (8) Dep. Governor Walker to Governor Nicholson. North Carolina, Nov. 18, 1699. I will give notice of your opinion to Mr. Bray, that he may comply there-with. I return your Excellency hearty thanks for endeavouring to obtain His Majesty's commands concerning the bounds. We have not been wanting in our endeavours to procure both direction and authority for proceeding in that affair. I hope you are of opinion that it is not our purpose to countenance the harbouring of runaways, but to punish it with the utmost severity, and I crave leave to intimate that there must needs have been as great neglect amongst the people in Virginia as ever hath been here, otherwise such run-aways could not pass so far, for few or none are taken here, or supposed to pass by, but what travel much farther through Virginia than the whole extent of this Government comes to. It was wholly my forgetfulness if I did not before acquaint you that I have made as strict an enquiry as possible concerning Madam Smith's negroes, and assure you they are not in this Government, nor any other that can be expected to be run away; except one of Esq. Corbin's, who lieth here sick, reports that three of his companions are dead to the southward, and one negro more in the Marshal's custody, who was imported here in a sloop. He has been in England and pretends that he there served the Earl of Craven, and that he came to New England a freeman. We have sent to the Northern Government whence he came, but as yet have not heard from his master. Concerning the Indians, it's very true that such report was made to us that we all generally did believe that those unhappy people were destroyed by them, and with the advice of the Assembly I sent the Honble. Daniel Akehurst to enquire of the truth thereof, and with him Capt. Thomas Blount, who was a very great sharer in that loss and was as strongly persuaded as any man that the people in the canoe were indeed murdered. They reported that all the Indians, that could be suspected, freely surrendered, and gave so particular account of the matter that they could see no cause to fix it upon any of them. They were fully satisfied the canoe was lost by extremity of wind and sea. I have published a proclamation for apprehending pirates. Signed, Henderson Walker. Copy. 1¼ pp.
523. liii. (9) Governor Nicholson to Governor Walker. James Town, May 26, 1700. I send you the copy of what I have received from Capt. Passenger. Three of the pirates taken by him were condemned to be hanged in Princess Ann County, but have escaped. I have sent my warrant for their apprehension to each county in this Colony and have ordered the Sherrifs of Princess Ann, Norfolk and Nanjemum [Nansemund] to send each of them one to the next Magistrate in your Government. I desire that you would give orders for the apprehending of these pirates, and I promise the same reward to any person who shall take them in your Government as if they should be taken here. Being that you write that you and your Council are obliged to me for communictaing His Majesty's commands to you, and that you should at any time be glad to be informed of His Majesty's pleasure that you may render obedience, I send you a copy of His Majesty's letter, that of the Council of Trade and of Lord Bellomont, to me concerning pirates, and my proclamation thereupon; also a copy of the Lords Justices' commands concerning the officers of the Admiralty and Customs. Signed, Fr. Nicholson. P.S.—I have thought it absolutely necessary to issue out a proclamation for apprehending seamen, etc., suspected of piracy, etc., and another concerning flotsam and jetsam, etc., of which I enclose copies and desire you would give the people in your Government notice; and I hope you will give suitable directions for apprehending seamen suspected of piracy, etc. The fleet and convoy is designed to sail from Kikotan on June 5. Signed, F. N. Copy. 1 p. The whole endorsed as preceding.
523. liv. (1) Extract of a letter from Governor Nicholson to Joseph Blake, Governor of South Carolina. James Town. Sept. 25, '99. One Capt. Cole has acquainted me that you told him you did believe that you had so much interest with the Indians to the southard of you, that you could hinder the French from settling the River Meschasippi; which I was extremely glad to hear of; for if, please God, they should seal that river, it would be a very great prejudice to the Crown of England in respect of these countries. If there be anything in this affair, I believe it may be very much for your interest that His Majesty be acquainted with it by his Secretary of State and the Council for Trade and Plantations, by sending of them a scheme of the design, but it must be as full and clear as possible with a map. Your Indian traders' accounts would be better taken upon oath. If you have no mind to write to them, I will transmit your account. 1 p.
523. liv. (2) Extract of letter from Governor Blake to Governor Nicholson. Charles Town. Feb. 23, 1699. (1700.) I shall be very willing to follow your good advice. As soon as the traders I have abroad return, I intend to draw a scheme for the preventing the French settling the Mechasippi and shall send it home for consideration.
523. liv. (3) Extract of letter from same to same. April 10, 1700. I have as yet no return of my white men from the Meschasippi.
523. liv. (4) Governor Nicholson to Governor Blake. James City. May 24, 1700. I hope your white men have returned long before this, and that you had a perfect account from them about the French settlement on the Meschasippi and that you will be very particular in your account of that affair. Signed, Fr. Nicholson. Copy.
523. liv. (5) Account given to Governor Nicholson by Capt. Cole, Friends' Adventure, arrived in James River, April 14, 1700, from South Carolina. March 4 last came in an Indian Trader to South Carolina from the River Meschasippi, who reports that on Jan. 24th last he saw seven French men-of-war in the mouth of that river, but the other Indians raised 1,100 men and fell upon the Nation, which had joined with the French, and cut most of them off. They took a French priest, whom they afterwards released, and sold the children of the Nation to him, whereof he brought 36 to Carolina. Capt. Breholt in the Carlisle arrived at South Carolina about December; his men swore piracy against him, but he was tried and acquitted. The charge was, that near the Bay of Mattanses, Cuba, he sent his boats after a Spanish sloop to get a pilot to conduct him to a wreck that lies near the Havana. The Spaniards, perceiving the boats coming, ran the sloop ashore and left her. His men, finding no man there, took away some few candles, pork and tobacco. Capt. Breholt, displeased at their conduct, took the things into his custody, upon which his men swore piracy against him. After his discharge, he fitted his ship, and at Capt. Cole's coming away, March 14, was ready to sail with 100 men, whither bound is not known, only supposed upon no good design. He stands in defiance of the Government there, and scarce can be brought to pay any of his debts. On the 15th the Roanoke Merchant of Pennsylvania arrived in James River and reported that the bar of Roanoke, which last October had twelve foot water, has not now eight foot, so that Capt. Cole, who was bound thither, could not get in. Signed, Fr. Nicholson. 1¼ pp. Copy.
523. liv. (6) Account given to Governor Nicholson by William Clay, master of the brigantine Endeavour of South Carolina, who sailed from Ashley River, April 17. About April 1, Anthony Dodsworth and Tho. Welsh, two Indian traders, came to Charlestown from the Chicorsares, who live about 1,000 miles W.S.W. of Charlestown, who report that the French are gone up the River del Spirito Santo, alias Meschasippi, as far as the French factory which is upon one of the branches of the said river, whence the Indians say 'tis but two short miles to hale a boat overland to one of the lakes that fall into the River Canada. These traders report that two friers, and about nine men were left on an island in the mouth of the river, where the French have built a small fort mounted with six guns. Capt. Clay's account of Capt. Breholt, as above (xv. 11). Copy. 1 p. The whole endorsed as preceding.
523. lv. News sent from New York to Governor Nicholson. May 20, 1700. On Thursday a sloop arrived from Caledonia and reports the ruin of that settlement. The Scotch were attacked by 15 sail of Spanish ships, two of 60 guns each, and by an army by land. Capt. Campbell, who is here with 200 Scots, fought a party of 500 Spaniards, and after a hot dispute made them retreat with the loss of 200 men. The Scotch lost 98 out of their 200, but before Capt. Campbell and his party returned to their garrison, all was surrendered to the Spaniards upon articles, and all the Scotch are gone to Jamaica, and other places, and left the Spaniards in possession. Major Mackay, striking at a shark in sight of Caledonia, fell overboard and was drowned. My Lord is expected the beginning of July: our Assembly is prorogued until July 16. Copy. 1 p. Signed, Fr. Nicholson. Same endorsement.
523. lvi. Abstract of Governor Nicholson's letter. With marginal notes for reply. 5½ pp.
523. lvii. Copy of Journal of the Committee appointed to revise the Laws, July 5–Nov. 11, 1699. 15½ pp. Same endorsement.
523. lviii. Account of proceedings relating to H.M.S. Essex prize, Dec. 10, 1698–Feb. 25, 1699 (1700), and pirates, 1699. 111 pp. Same endorsement.
523. lix. Log of the Essex prize. Dec. 12, 1698–Ap. 9, 1700. Signed, Aldred. Same endorsement. 47 pp.
523. lx. Copy of the trial and condemnation of John Hougling, Cornelius Franc and François Delaunée for piracy. Elizabeth City. May 14–17, 1700. Same endorsement. 104 pp. [Board of Trade. Virginia, 8. Nos. 9, 10, 10.i.–lv.; and (without enclosures) 38. pp. 1–21; and (Nos. lvii–lx. only) 52. pp. 488–503, 554–827.]
June 10.524. Journal of Council of Trade and Plantations. Order of Council, June 6, upon Capt. Hasket's new petition, read. Directions given for a Representation upon the whole matter.
Letter from Mr. Burchett, June 8, read. Ordered that Mr. Champante have notice to get all things, that he is to send, ready. In answer to Mr. Burchett's letter, May 28, ordered that he be referred to the Order in Council upon the late Representation about Passes. Upon consideration of Lord Jersey's letter, May 27th, directions given for a Representation to be prepared relating to Lord Bellomont's salaries.
Order of Council, May 9th, about the Mary, read.
June 11.Mr. Champante was directed to speak with Mr. Burchett, in order to putting the things for New York aboard H.M.S. Advice.
Letter from Mr. Randolph, Bermuda, Feb. 23, read.
Letter from Mr. Spofferth, Bermuda, April 10, read; and the maps of Curassaw and the Bermuda Islands, therein mentioned, were laid before the Board.
Mr. Thomas Burton, an inhabitant of the Bermudas, lately arrived from thence, presented a letter from Governor Day and another from Mr. Jones, Secretary, dated April 15th, which were read. He was informed that the matter which Mr. Day writes about is now over, by Sir Tho. Day having petitioned the King that his son may be recalled; but that if he have any papers from Mr. Day, or anything otherwise himself to offer in Mr. Day's vindication, he may, if he thinks fit, do it in writing, and leave the same here to be made use of, whenever there shall be occasion.
Lord Stamford and Lord Lexington acquainting the Board that the Lord President and other of H.M. Commissioners appointed to treat with the French Commissioners that are here, about the affairs of Hudson's Bay and other matters relating to the Plantations, had appointed to meet at this Board to-morrow, and desired that Sir Edmund Andros may be directed to attend at that time, ordered that notice be given to Sir Edmund Andros to attend accordingly. [Board of Trade. Journal, 13. pp. 66–69; and 97. Nos. 105, 106.]
June 10.
Boston.
525. Minutes of Council of Massachusetts Bay. 4l. paid for an express from Albany to Boston. 20l. paid for the support of an orthodox minister at Brookfield. [Board of Trade. New England, 49. p. 297.]
June 10.526. Minutes of Council in Assembly of Massachusetts Bay. 12l. granted to John Harvey in compensation for wounds received in His Majesty's service.
The proposals of the Commissioners of Connecticott Colony as to the boundaries of this Province and that colony were, upon debate, rejected, and it was resolved that the former Committee be revived further to treat with the Commissioners.
His Excellency gave his consent to the Bill, relating to the duty of a coroner, sent up and passed.