America and West Indies
June 1700, 11-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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329-343

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'America and West Indies: June 1700, 11-15', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 329-343. URL: http://www.british-history.ac.uk/report.aspx?compid=71350 Date accessed: 20 September 2014.


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Contents

June 1700

June 11.The Houses agreed that application should be made unto His Majesty by way of Address for the settlement of the College, and be inserted in the Address agreed to be made about the encroachments of the French.
The Representatives agreed to the Orders of the Board in the case of Capt. Whiting, June 7, and to the increase of the stipend granted to Jeremiah Bumstead, a wounded soldier, from 4l. to 8l.
Bill against Jesuits and Popish Priests read twice and committed.
The Representatives were summoned to the Council Chamber, and the towns of Newton and Cambridge laid their case before the whole Court. The Representatives then retired, and the Council sent down the following resolve for their concurrence:—That the great bridge over Charles River within the town of Cambridge be from time to time repaired, one-half at the charge of Cambridge, and the other half at the charge of the county of Middlesex.
Petitions of Northampton and Westfield for an addition of lands read and ordered to lie before the Board.
June 12.Bill against Jesuits, etc., passed and sent down.
The Committee for the Indian affair presented their report, which was read and ordered to lie before the Board.
15l. granted to Samuel Austin, formerly of Wells, Inn-holder, but now of Charlestown and in great want, in consideration of divers good services formerly done for the public.
Bill for granting to His Majesty an excise upon wines, etc., sold by retail, was sent up from the Representatives and read a first time.
A further proposal from the Commissioners of Connecticott was brought in by the Committee appointed to treat with them, and read. [Board of Trade. New England, 49. pp. 353–356.]
June 11.
Whitehall.
527. William Popple to Mr. Burchett. The Council of Trade and Plantation have directed Mr. Champante to speak with you in order to his taking due measures for putting all things aboard H.M.S. Advice as shall be requisite. In reply to your letter of May 28 about Passes, their Lordships refer the Lords Commissioners of the Admiralty to the Order of Council of June 6 upon their Representation, to which they have not at present anything further to add. [Board of Trade. New York, 54. pp. 229, 230.]
June 11.
Admiralty
Office.
528. J. Burchett to Mr. Popple. I enclose, for the information of the Lords of the Council of Trade, a copy of the Instructions prepared by the Lords of the Admiralty for the several Governors, etc., how to govern themselves in the issuing of Passes, also an account of what number of passes will be sent to each Plantation, and by what conveyance. Account follows as to the proposed distribution of 4,390 passes. It being necessary that the forms of bonds and oaths should be sent to the persons entrusted with the delivery of passes, their Lordships have caused these forms to be prepared, and send copies for the consideration of the Council of Trade. Since Capt. Fairborne, who commands in chief in Newfoundland, may not find sufficient persons there to be bound with the masters of ships for the return of the passes at the end of the voyage, my Lords have thoughts of directing him in such case, either to take bond from the masters only, for the return of the passes, or that one master shall be bound for the other, if they can be prevailed with to do so, and desire to know which of those methods may seem best to the Lords of the Council for Trade. Signed, J. Burchett. Endorsed, Recd. 11th, Read 14th June, 1700. 4 pp. Enclosed,
528. i. Instructions from the Lords of the Admiralty to the Governors, etc., in the Plantations relating to the issuing of passes. (1) Notice to be given at once that ships must be provided with passes. (2) No-pass to be issued unless the Governor is satisfied that the ship is at the same time within his government, and until (3) the master has made oath that he has no other pass, or has delivered up his former pass, and until (4) he has entered into bond, with one good surety, in the sum of 100l. for a vessel above 100 tons, and of 50l., if under 100 tons, for the return of the pass to any person appointed to deliver passes, (5) either at the expiration of one year or upon the completion of the voyage, as it shall first happen. (6) A perfect register of passes issued to be kept, (7) and communicated with the various Governors by every opportunity. (8) The passes are to be issued gratis, save for ls. for the stamp for His Majesty's use. Copy. 4½ pp.
528. ii. Form of oath for a master of an English-built ship, for obtaining a pass. 1 p.
528. iii. Form of oath for a master of a free ship, for obtaining a pass. 1 p.
528. iv. Form of a bond for a ship entering outwards in the Plantations for Africa or Europe. 1¼ pp.
528. v. Form of a bond for a ship entering outwards in the Plantations coastwise. ¾ p. [Board of Trade. Plan- tations General, 5. Nos. 69, 69.i–v.; and 35. pp. 240–256.]
June 11.
Admiralty
Office.
529. J. Burchett to Mr. Popple. Enclosing, for the consideration of the Council of Trade and Plantations, drafts of Instructions, relating to the issuing of passes, proposed to be given to the Consuls in Portugal, Spain and Italy, together with forms of oaths and bonds to be taken. Signed, J. Burchett. Endorsed, Recd. 11th, Read 14th June, 1700. 1½ pp. Enclosed,
529. i. Draft of Instructions for the Consuls, referred to above. 3½ pp.
529. ii. Forms of oath to be taken and bond given by masters of ships, for obtaining passes. 3 pp. [Board of Trade. Plantations General, 5. Nos. 70, 70.i.,ii.; and 35. pp. 257–265.]
June 11.530. Minutes of General Assembly of Barbados. Only 13 members being present, adjourned till July 9th. [Board of Trade. Barbados. 65. pp. 562, 563.]
June 12.531. Agent of New York to the Council of Trade and Plantations. Mr. Musgrave, Clerk of the Ordnance, has informed me that, with regard to the present for the Five Nations, that there are a fitting up, to be ready in less than a week, such arms as were in His Majesty's stores, and that the Master of Ordnance had ordered them to provide no other. This is contrary to your Representation, H.M. Orders and the Orders of the Treasury, and absolutely against the intent of His Majesty's present to his Indian subjects. The arms now designed will be altogether useless and unacceptable to the Indians, being heavy. The only arms they make use of are light fusils, fit for hunting. Any other may rather give them disgust than satisfaction, and may afford the French in those parts, being warlike stores, a pretence of complaint. About the latter end of last month I attended the Lords of the Treasury, the Board of Ordnance attending at the same time. Their Lordships insisted upon H.M. Orders as aforesaid, and by their directions, I fixed upon a pattern of light fusils, which I was assured would be got ready with all dispatch imaginable. Signed, J. Champante. Endorsed, Recd. Read June 12, 1700. 1 p. [Board of Trade. New York, 10. No. 5; and 54. pp. 231–233.]
June 12.
Whitehall.
532. Council of Trade and Plantations to the Earl of Jersey. We desire your Lordship to lay Mr. Champante's memorial [preceding] before the King, that His Majesty may please to give such directions as he shall judge suitable to so pressing an occasion, the furnishing of these arms as a present to the Indians being of more importance than any other thing His Majesty has been pleased to order for this service. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Locke, Ab. Hill, Geo. Stepney. [Board of Trade. New York, 54. pp. 234, 235; and (corrected draft), 44A. No. 44.]
June 12.
Admiralty
Office.
533. Mr. Burchett to Mr. Popple. My Lords of the Admiralty not knowing what things are to be provided by Mr. Champante for New York, it will be necessary an account thereof be sent hither as soon as may be, that directions may be given to Capt. Caldwall to receive them at the Nore and dispose of them to the persons to whom they shall be consigned. Signed, J. Burchett, Endorsed, Recd. 12, Read 13 June, 1700. ¾ p. [Board of Trade. New York, 10. No. 7; and 54. pp. 235, 236.]
June 12.
Hampton
Court.
534. Earl of Jersey to the Council of Trade and Plantations. The King has been pleased to appoint Mr. Atwood to be Chief Justice and Mr. Broughton Attorney General of the Province of New York, which I acquaint your Lordships with that you may consider of the powers and instructions that are proper to be given them, and cause draughts of their Commissions to be prepared accordingly. Signed, Jersey. Endorsed, Recd. 14th, Read 17th June, 1700. 1 p. [Board of Trade. New York, 10. No. 6; and 54. pp. 239, 240.]
June 12.
Whitehall.
535. Council of Trade and Plantations to the Earl of Jersey. In answer to your letter of May 27, we enclose our report which we desire you to lay before His Majesty. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Locke, Abr. Hill, Geo. Stepney. Annexed,
535. i. Council of Trade and Plantations to the King. The established salary for the Governor of New York has been and is 600l. sterling per annum, payable out of your Majesty's Revenue in the said Province, but the Earl of Bellomont allows 200l. sterling out of the same to the Lieutenant Governor. In 1686 Sir Edmund Andros being constituted Governor of all New England, in which New Hampshire as well as the Massachusets Bay was included, but not New York, 1,200l. sterling was then appointed him for his salary, payable here until the revenue there should be settled. In 1687, the Charter of New England having been surrendered to the Crown, and the settled revenue there being continued by order from hence, he was paid that salary out of that revenue. Upon your Majesty's accession, a new charter having been granted to the Massachusets Bay, the revenue of that Province is by that charter made disposable by the Assembly there, since which Sir Wm. Phips and the Earl of Bellomont having been appointed Governors, no settled allowance has been made by the Assembly for your Majesty's Governor there, and they have hitherto wholly declined the settling of any fixed annual salary for his Lordship's subsistence, and seem unto us to be very averse to the making of any such establishment, so that we do not see any ground of expecting it from them, tho' the same be in itself highly reasonable. In the New Hampshire there has never been any fixed salary for the support of the Governor, nor is the Revenue of that province considerable. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Locke, Abr. Hill, Geo. Stepney. [Board of Trade. New England, 38. pp. 24–27.]
June 12.
Whitehall.
536. Council of Trade and Plantations to the King. We have examined the French Ambassador's memorial (see Jan. 16), complaining of Col. Frere's being gone to Dominico with two Barbadoes sloops and 60 armed men, there to make a settlement, under pretence of cutting timber, to which suggestion we cannot return any positive answer, having yet received from Barbadoes no information as to the matter of fact; yet, inasmuch as Governor Grey has received no order from hence for settling Dominico, nor makes mention of any such design, it is to be presumed Col. Frere is only gone upon the ordinary errand of fetching timber, and that the intent of his men taking arms is, as usual, to defend themselves against insults of pirates and the treachery of the Indians. But whereas in the said memorial mention is made of "antient treaties between England and France, whereby Dominico and Sta. Lucia were left to the savage Indians, and no other settlements were to be made there, either by the English or French nations, that about twenty years ago some English, attempting to settle on Sta. Lucia, were obliged to quit it upon that principle, and that after the year 1666 those Indians put themselves under the protection of France," we beg leave, in order to assert your Majesty's antient and sole right to those Islands, humbly to represent, that, in September last we made a report to the Lords Justices, wherein your Majesty's sole right over Sta. Lucia was asserted by all the arguments whereby property can either be acquired or preserved, viz., by first discovery, by frequent settlements, by legal purchase from the natives, by constant claims and by having driven away the French as often as they pretended to make settlements there without leave, by solemn Proclamations and other Acts of Sovereignty, and lastly by the English having been actually in possession in the beginning of Nov., 1686, when the Treaty of Peace and Neutrality for America was concluded here, by the 4th Article whereof the French agreed that "both Kings should have and retain all they then possessed in America." Upon these grounds and other considerations of interest and conveniency, your Majesty in Council was pleased in Nov. last to order Col. Grey to assert your right and title to the said Island, by giving notice to the French or any other foreigners who are settled or may hereafter pretend to settle there, that unless they remove from off that Island and discontinue their settlement there in some short time, which he should appoint, that he would be obliged to dispossess them by force and send them off, by which order we presume all that relates to Sta. Lucia is sufficiently determined.
As to Dominico, your Majesty's right and title to that Island will as clearly appear. From the first discovery thereof by the English, that Island was expressly and by name contained in the original grant made of the Carribee Islands to the Earl of Carlisle, 1627, and has constantly and without interruption been inserted in all Patents and Commissions given to the several Proprietors and Captains Generals from that time to this, and has ever been reputed as a dependance of your Majesty's Government of Barbados. Upon information of the French having made some encroachment on those neighbour Islands, William, Lord Willoughby, appointed Governor of the Carribee Islands, 1666, had a particular instruction to allow no stranger subject to any other Prince or State to inhabit or possess any place contained in his Commission, wherein Dominico and Sta. Lucia were expressly named, but such as should acknowledge His Majesty's soverainty there; and was likewise ordered to streighten, distress and dispossess any of the French King's subjects who should have taken possession of any Island named in his Commission, His Majesty being resolved to assert his right to those Islands, and to vindicate his subjects from the insolences and injuries of their neighbours.
In pursuance of this Instruction, Lord Willoughby went to Dominico with an armed force to punish the Indian inhabitants for some injuries done the English, and soon brought them to a composition, whereby the Chiefs of the Caribbees did by a general consent, March, 1668, surrender and convey the said Island to the King of England, putting themselves as subjects under His Majesty's protection and government. This they did by an instrument in writing, sealed and delivered in the most solemn and authentic manner they are capable of; the truth whereof can be attested by Edward Littleton, Esq., now living in London, and had the said Instrument in his custody. In consequence of this Pacification, Lord Willoughby gave a Commission to Colonel Tho. Warner, whose father was Governor at St. Christopher's and his mother was an Indian woman, to be Deputy Governor of Dominico, who for several years maintained the Indians, then the only inhabitants of the Island, in their quiet and peaceable subjection. The first dispute to the contrary was in May, 1672, when Col. Codrington, the Dep. Gov. of the Carribee Islands under the said Lord Willoughby, having sent some men from Barbados for the better peopling of Dominico, Mons. de Baas, Governor of Martinico, did not only dispossess them, but burnt their houses, and warned the said Colonel from sending men thither to plant any more, lest by such an action he might be guilty of a breach of peace then settled between the two Crowns, by one of the articles of which he pretended Dominico was to remain a neuter Island, free to the Indians, and possessed by neither nation, English or French. To which suggestion (the same that is now offered by the French Ambassador) answer was made by the then Council of Trade and Plantations, Dec. 11, 1672, in their letter to Lord Willoughby, that having enquired into the said Articles of Peace, no such ever appeared to have been treated on here or elsewhere in His Majesty's name by his order or direction or by any persons capable of representing the English nation, at least that nothing of that nature was heretofore ratified by public authority, and could consequently lay no obligation upon His Majesty. The rather for that since the time of Cromwell's Usurpation, when this Agreement is pretended to have been made, there had actually been a war between the English and French, as well in Europe as in America, and yet upon the conclusion of the Peace at Breda, 1667, no mention was made of these Islands nor any provision relating thereunto. Upon the death of Lord Willoughby, April, 1673, the Government of the Windward Islands devolving on the President and Council of Barbadoes, they, in order to secure His Majesty's title to Dominico, sent new powers to Col. Thomas Warner of the same tenure with that Commission formerly given him by Lord Willoughby, whereby he continued Governor over that His Majesty's Island till Dec. 27, 1674, when he was killed by Col. Philip Warner and others from Antegoa, who were tried in 1676 for the crime against the King in the loss of a subject. From that time the English have not thought fit to plant the said Island, but have left it unsettled for the use and supply of Barbadoes, on which government it has always been reputed to depend. As an instance thereof, Col. Stede, L.G. of Barbadoes and the rest of the Windward Islands, after having published on Barbadoes the Treaty of Peace and Neutrality in America, sent Capt. Beach with one of H.M. frigates to make a like publication on Dominico, as a part of his Government, which was done March 1686/7, and the Arms of England were solemnly affixed in the most convenient places of the Island as an ensign of His Majesty's soveraignty over it. Notwithstanding all this care to preserve His Majesty's right to Dominico, some French soon after got thither again, which obliged Col. Stede by H.M. frigate once more to disturb their settlements; May, 1687, by burning their huts, their fishing tackle and canoes, and causing a French ship to be seized with the men belonging to it, for having cut wood there without leave. To prevent further disputes with the French upon this and like occasions the late King in 1688 appointed Commissioners to treat with M. Barillon, then French Ambassador here, for determining the respective Colonies, Islands, etc., belonging to each nation; and Instructions were dispatched to Col. Stede to send an exact account of the boundaries and limits of his Government of Barbadoes and of the Islands and Territories depending thereon; in pursuance whereof he gave a Commission to several of the Council of Barbadoes to make enquiry into His Majesty's title to Sta. Lucia, St. Vincent's and Dominico, who from the depositions of the most aged and best knowing persons then living in those parts formed a report, Sept. 23, 1688, whereby it appears, to use his own words, that "His Majesty has an undoubted and sole right to these three islands, and that the French have not truly any shadow or colour of pretence thereto." But this report not arriving in England till after the late war with France broke out, the Commissioners appointed on both sides for settling the respective limits in America separated without coming to any agreement. And whereas the French have acquired no new title to any of these Islands in dispute, either by right of conquest or during the last war, or by any condition expressed in the late Treaty of Peace, we are humbly of opinion that your Majesty has entire right of sovereignty over the Island of Dominico: that the French have no just pretention to it and consequently no grounds for demanding, as the Ambassador does in his late memorial, that you "would be pleased to send orders that Col. Frere quit Dominico if he should chance to have settled there, and that your Majesty's Captain General should suffer no attempt of that nature."
We have likewise examined that part of the French Ambassador's memorial wherein complaints are made (1) That the Royal African Company offer to trade into the River Senegal, and that (2) they obstruct the French from trading up the River Gambia. The Royal African Company assure us that they do not trade into the River Senegal. But, in regard to the second point, they allege the fort called James Fort solely belongs to them, as also all trade above the said fort up the Gambia, though they own the French have a small factory near the mouth of the River Gambia, without James Fort, and have a liberty of trading there and elsewhere along the coast, which freedom the English also claim, but in the exercise of it sometimes have been disturbed before the late war, and sustained great damages, for which they immediately demanded satisfaction and have not yet obtained it. Upon the whole we are humbly of opinion that, as the English forbear trading into the River Senegal, so they have a right to keep entirely to themselves the trade up the Gambia, and that the trade along the coast ought to be kept free and common to both nations. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Locke, Abr. Hill, Geo. Stepney. [Board of Trade. Barbados, 45. pp. 67–77.]
June 12.
Whitehall.
537. Council of Trade and Plantations to the Earl of Jersey. We desire your Lordship to lay our Report (above) before His Majesty. Signed as preceding. [Board of Trade. Barbados, 45. p. 78.]
June 12.538. Journal of Council of Trade and Plantations. Representation upon Capt. Haskett's petition, June 6, signed and sent to the Council.
Representation in answer to Lord Jersey's letter, May 27, signed and sent. Mr. Champante's memorial, June 12, read. Letter to Lord Jersey, enclosing it, prepared and signed.
A Paper signed by Mr. Robert Williamson, in behalf of the Royal African Company, relating to some losses which the Company received from the French at Gambia, about 1688, read.
A Representation relating to His Majesty's title to the Island of Dominico, etc., signed and sent to Lord Jersey.
In the afternoon the Board met upon the desire of the Lord President and the other Commissioners for treating with the French Ambassador, etc. Present:—Lord President, Earl of Stamford, Lord Lexington, Mr. Sec. Vernon, Sir Ph. Meadows, Mr. Blathwayt, Mr. Locke, Mr. Hill.
Mr. Secretary Vernon produced an answer given by the French Ambassador to some proposals that had been made to him by the said Commissioners, which answer was read. Then, the Hudson's Bay Company having been ordered to attend, Sir Stephen Evance, Mr. Young and other members of the Company were called in, and being required to explain their desires upon the matters to be treated of with the French Ambassador, relating to Hudson's Bay, they delivered to the Board two papers, as the resolution of their General Court, and containing all that they had power to say, both which were read; the one being a Representation in which they insist upon the right of the Crown of England, and consequently theirs, to that whole Bay, exclusively of the French and all others, and desire that they may be permitted to defend and make out their right and title accordingly, before any agreement be made about the limits between them and the French in the said Bay; but, in case that could not be obtained, the other paper contained the propositions which they think absolutely necessary for their trade in settling the said limits; which are, in substance, that the Division Line between the French and them on the west side of the Bay be in the latitude of 53 degrees, and that on the east side, they be mutually bounded by Rupert's River. Whereupon the Lord President representing to them the improbability of their obtaining those conditions from the French, and the hazard that by insisting thereupon the French would break off the Treaty now on foot, and then desiring to know whether they were willing to run that hazard and so restore Albany Fort to the French and receive York Fort from them, according to the 7th Article of the Treaty at Ryswick, they said they were not empowered to give any answer farther than what is contained in the foresaid papers, and, being there-upon further moved that they would call a General Court and consider the matter, they said they would do it as soon as they could. The three forementioned papers were delivered to Mr. Secretary Vernon.
Sir Edmund Andros was asked several questions relating to the Islands that lie off the coast of New England to the eastward of St. George's. He answered that the inhabitants of Salem had formerly a considerable fishery, in which they employed 50 or 60 sloops and as many ketches, all along the coast from Piscattaway to Cape Sables, but have of late been disturbed by the French: that both the Islands and coast are all along very necessary to our fishing vessels for drying their nets, curing their fish on shore, etc. which is the method practised by the English in those parts; that the banks off St. George's River and thereabouts lie generally out of sight of land; that Monhiggon, which lies off the River St. George's, is the most considerable of those Islands, and has been settled by several families of English, who, when he was there, followed the fishing trade; that another of those Islands is called Makinicus; and that there are several others which lie between the entrance of St. George's River and the Fox Islands, which may be all very useful to our fishery, as aforesaid. [Board of Trade. Journal, 13. pp. 69–73; and 97. No. 107.]
June 12.
Whitehall.
539. Council of Trade and Plantations to the King. We have examined the circumstances of Capt. Haskett's petitions of April 11 and June 6. The security to be given by Proprietors and Charter Governments for their respective Governors and Deputy-Governors was thought by your Majesty of such importance, that you were pleased to give the directions upon the Address of the House of Lords, 18 March, 1696, as a rule to be observed by us. The Lords Proprietors of the Bahamas have refused to comply with the same. We humbly conceive that we are not at liberty to deviate from it. Address quoted. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Lock, Abr. Hill, Geo. Stepney. [Board of Trade. Proprieties, 26. pp. 220–222.]
June 13.
Hampton Court
540. Order of King in Council, referring to the Attorney General the foregoing report of the Council of Trade and Plantations, for his opinion how the law stands as to obliging the Lords Proprietors of Plantations to give security for their Deputy Governors. Signed, John Nicholas. Endorsed, Recd. 1st July, Read 24th ditto, 1700. ¾ p. [Board of Trade. Proprieties, 5. No. 57; and 26. pp. 243, 244.]
[Before
June 13.]
541. Col. Hamilton to Mr. Popple or Mr. Secretary Vernon. I was honoured by yours of Nov. 30, directed to Mr. Basse, his Commission being superseded by one to me. He embarked for England in December before I could speak with him after my arrival in the Jerseys. He will be heard of at Sir Thomas Land's and will no doubt give an account of what effects he seized of pirates. I have taken four into custody that came from Madagascar:—James How, Nicholas Churchill, Robert Hickman, and John Eldrige. Eldrige's treasure is in the hands of Col. Quary; if the others have any, it is hid in the woods or elsewhere. How is a sensible man, and I presume if he is promised a pardon can make considerable discoveries. I shall, pursuant to His Majesty's orders, deliver up all such persons and their treasure to His Excellency Lord Bellomont. Signed, And. Hamilton. Endorsed, R. June 13, 1700. 2 pp. [America and West Indies. New Jersey, 575. No. 28.]
June 13.
Whitehall.
542. William Popple to Mr. Burchett. The Council of Trade and Plantations have directed Mr. Champante to give you an account of the things for New York and to compute the tonnage thereof. Your letter of the 11th relating to passes was laid before the Board yesterday, but could not be taken into consideration by reason of sundry Representations that were necessarily to be dispatched in order to be laid before His Majesty, nor to-day by reason of the absence of several Members, who are obliged to be at the Council at Hampton Court. It shall be offered again to-morrow. [Board of Trade. New York, 54. pp. 237, 238.]
June 13.
Hampton
Court.
543. Order of King in Council, referring the following petition to the Council of Trade and Plantations, for their opinion. Signed, J. Nicholas. Annexed,
543. i. Petition of William Bird and others. Petitioners' ship, the William and Jane was pursuing a lawful trade in negroes at Portudall, on the coast of Africa, when she was seized, March 1, 1699, by a French ship under English colours. The French Court have proceeded to vindicate that act of piracy and to condemn the ship against all law and justice and the undoubted rights of His Majesty's subjects to trade on that part of the said coast.
543. ii. Reasons of the Senegal Company for confiscating the William and Jane.
543. iii. Reply to the above. The French Company have no right to exclude the English from trading on the coast of Portudal. [Board of Trade. Trade Papers, 15. pp. 78–91.]
June 13.
Whitehall.
544. Journal of Council of Trade and Plantations. Letter from Mr. Burchett, June 12, read. Mr. Champante ordered to give Mr. Burchett the necessary information about the shipment for New York.
June 14.Two letters from Mr. Burchett, June 11th, with papers about passes, read. Letter in answer approved and sent.
Mr. Crosse, one of the owners of the Cole and Bean galley, desiring their Lordships to take into consideration the reference that lies before them relating to the said galley, papers upon the case lately received were read. It was observed that the defendants after the trial had desired to appeal from the Admiralty Court in Carolina to the High Court of Admiralty here, but had not been admitted to do it. Their Lordships directed Mr. Cross to get Mr. Attorney General's opinion whether that appeal may not yet be admitted either to the King in Council or to the High Court of Admiralty. [Board of Trade. Journal, 13. pp. 73–75; and 97. Nos. 108, 109.]
June 13.545. Minutes of Council in Assembly of Massachusetts Bay. Excise Bill read a second time and committed.
A proposal for an accommodation of the dispute about the boundary betwixt this Province and H.M. Colony of Connecticott was drawn up, past and sent down to the House of Representatives, who gave it their concurrence. The proposal was that this Court cannot comply with the proposals of the Connecticott Commissioners. Considering the concession formerly made by the General Court of the late Colony of Massachusetts Bay, May, 1672, unto the Government of Connecticott, in favour of their ancient town of Windsor, so as that Government should accept thereof and appoint some persons to run the line accordingly with Major Pyncheon, appointed by the Government of the Massachusetts, before the winter following, which they have not hitherto accepted, nor attended the said condition, whereby they cannot now make challenge to the same, 28 years being overpast, and the Government of the Massachusetts after some years expecting to receive their answer, having since made several grants of land comprehended within the lines proposed by the said concession; nevertheless this Court, to manifest their willingness to put an end to all former disputes betwixt the two Governments and for an amicable compliance with their good neighbours and fellow subjects of Connecticott and for the accommodating of their town of Windsor, do concede that the south line of the town of Suffield within this Province be continued so far as to reach in the full extent of 16 miles from Connecticott River due West, and thence to run South to the line of this Province, as it was anciently run; and that from Connecticott River the line be run due East eight miles upon the town of Enfield's south line, and thence a line to be run due South to the ancient line of this Province, about 48 years since run and set out by Nathaniel Woodward and Solomon Saffery, skilful and approved artists. All the lands contained between the before-mentioned lines of Suffield and Enfield and the South returns from those lines so continued as above to be and remain unto the towns of Windsor and Simsbury. Provided nottwithstanding, if it appear that the grant of the town of Woodstock or any other grant to any particular person or persons heretofore made by the Government of the Massachusetts do extend unto the southward of the line as now proposed betwixt the Governments, such grants respectively shall be held and enjoyed to them unto whom the same were made or such as legally derive from them, without any molestation, trouble or claim thereto, by the Government of Connecticott, or any that shall pretend thereto by grant from them. Provided also that the iron ore or mine lying at or near the bounds of Suffield shall be free for the use of iron works that are or shall be erected by the inhabitants of either Government respectively without any control or restraint. Provided also that this concession shall by nowayes or means howsoever be construed, improved or taken in any case to draw into question or prejudice the indubitable right to the line as anciently run and stated betwixt the Governments, unless the Commissioners from Connecticott shall now agree to this proposal, and meet persons be appointed by that Government to join with those to be appointed by this to run the line accordingly as is herein proposed at or before the last day of April next, and timely notice be given to this Government. The Address to His Majesty relating to the encroachments of the French and the settlement of the College, reported by the Committee, was read and left to further consideration.
The Excise Bill was amended in Committee.
The Representatives agreed to the proposal of the Council about the bridge in Cambridge, June 11.
June 14.The Address to His Majesty was read, amended and sent down to the Representatives, who returned it with their concurrence. They also agreed to a resolve of the Board that Thomas Hinckley be heard upon his petition upon June 25, and that the Proprietors of the lands lying at Seconett about Little Compton be notified to attend to answer him relating to his claim to 200 acres, part of Tatamunah's 1,000 acres, granted him by the Government of New Plymouth.
The Excise Bill, amended, was read and after some debate referred to a further reading.
The Commissioners from Connecticott, moving for a reconsideration of the propoals offered them yesterday for an adjustment of the boundary, were heard thereupon before the Board.
Petition of Capt. James Weemes for payment of his own and Company's wages for serving His Majesty in garrison at Pemaquid Fort, 1689, with an Order of the Lords Justices, Aug. 26, 1697, recommending it to His Excellency the Governor to take effectual care that the Petitioner be satisfied what shall appear due to him out of the public revenue of the Province, read and referred to further consideration, when the papers referring to that matter shall be lookt up and perused. [Board of Trade. New England, 49. pp. 357–361.]
June 14.
Whitehall.
546. William Popple to Josias Burchett. The Council of Trade and Plantations are very sensible of the favour of the Lords Commissioners of the Admiralty in communicating to them their proceedings in the matter of passes, and propose for their consideration, whether it would not be convenient (1) that a liberty be left to the Earl of Bellomont to forward the passes that are to be sent to him unto the respective Plantations for which they are intended, by land or the ship that attends his Governments, as he judges best; (2) that a good number of passes be sent to the Consul at Leghorn by land to be transmitted by him to other Consuls in the Mediterranean ports, and some also to the Groyne to be distributed in Spain and Portugal; (3) and, whereas besides the ships qualified by law to trade in H.M. Plantations, for which provision is made, it may happen that some Scotch ships, which are not so qualified, may be forced into the said Plantations, by stress of weather or other necessity, whether a liberty should not be allowed to those with whom the distribution of passes is entrusted, under proper cautions and conditions, to supply Scotch ships also with passes on such extraordinary occasions. As to the query relating to the security to be taken at Newfoundland, their Lordships are of opinion that if it do happen that one master can be prevailed with to join in giving security for another, it will be best that it be taken accordingly; but if that cannot be obtained, it seems necessary that each master's single security should be accepted there, rather than that passes should be refused for want thereof. Upon the instructions to Consuls, their Lordships propose the alteration of the word residence to within your Consulship. Considering that some few ships with fish or timber from New England may return from Spain or Portugal, where they deliver the same, to the Plantations without coming for England, their Lordships offer whether it may not be fit to add a liberty in the condition of the bonds thereby directed to be given for the "return of passes to the persons entrusted with the delivering out of passes in the Plantations," and that the form of the bond prepared thereupon be altered accordingly. [Board of Trade. Plantations General, 35. pp. 266–268.]
June 14.
Whitehall.
547. William Popple to Josias Burchett. The Council or Trade and Plantations observe some verbal slips in the forms of oaths and bonds suggested by the Admiralty, June 11. Virginia is called an island, etc. [Board of Trade. Plantations General, 35. p. 269.]
June 14.548. Case of the owners and freighters of the Cole and Bean galley. A repetition of former statements. 1¼ pp. Endorsed, Read June 14th, 1700. [Board of Trade. Proprieties, 5. No. 58.]
June 14.
Boston.
549. Minutes of Council of Massachusetts Bay. Ephraim Stevens of Andover allowed 5l. 1s. for billeting himself, Ap. 10 Oct. 29, 1697. [Board of Trade. New England, 49. p. 298.]
June 15.
Nevis.
550. William Burt to [? Mr. Secretary Vernon]. Right Honble. Sir, since my last of Jan. 9, '99, giving an account that I had finished what Mr. Taylder left undon and by that opertunitey sent all his books and papers releating to the business he came about to the Rt. Hon. the Earl of Ranelagh, I have received an order from Lord Ranelagh by Col. Edward Fox to pay him what money came to my hands of the 10,500l., of which, after that service was performed, remained aleven hundered and twenty pounds. Out of it I have paid Col. Fox five hundered ninety five pounds, and thears remaining in my hands 525l., which I deferred paying, having humbly desired your honour my salary, 525l., might be paid out of that money, desiring no satisfaction for the trouble I had after Mr. Taylder's death in finishing that service. Signed, Wm. Burt. Endorsed, R. 17 Aug., 1700. 2 pp. [Board of Trade. Leeward Islands, 6. No. 73.]
June 15.
Barbados.
551. Governor Grey to the Council of Trade and Plantations. I have received your letter of Feb. 16, with H.M. Order relating to denization. There has been nothing of this nature acted by me since I have taken upon me the administration of this Government. If the pirate King or any of his men come within my knowledge they shall meet with such punishment as the utmost severity of the law can inflict. Your Lordships will have presented to your consideration the Attorney General's opinion about the seizure of the sloop Expedition, of Barbados, at Martinico; the matter having been laid before me in Council, I find there has been bold swearing on both sides, which is all I can say in the matter. Signed, R. Grey. Endorsed, Recd. 3rd, Read 6th Aug., 1700. Enclosed,
551. i. Account of the stores of the magazine, 1699. Signed, George Peers, Feb. 22, 1700. Endorsed, Aug. 3, 1700. 2¼ long strips.
551. ii. Memorandum of Naval Officer's list of ships, Dec. 25, 1699–March 24, 1700. ¼ p.
551. iii. Memorandum of Minutes of Council and Assembly, Nov. 23, 1699–April 17, 1700. ¼ p.
551. iv. Memorandum of Minutes of House of Representatives, Oct. 17, 1699–March 7, 1700. ¼ p.
551. v. Memorandum of Acts of Assembly, Jan.–March, 1699/1700. [Board of Trade. Barbados, 8. Nos. 55, 55.i.–vii.; and (without enclosures) 45. pp. 99–101.]
June 15.552. Minutes of Council in Assembly of Massachusetts Bay. Upon the petition of the inhabitants of Dedham, that persons be appointed to run the bound-lines between them and Natick, and the petition of the Indians of Natick, complaining of encroachments by the English, the Council concurred with the recommendation of the Representatives, that Capt. Thomas Oliver, of Cambridge, Joseph Sherman of Watertown, Thomas Sawin of Natick, Capt. Isaac Williams of Newton, and Samuel Aspinwall of Muddy River, be appointed to settle the bounds betwixt Dedham and Natick, as the General Court hath formerly stated the same, and report their doings.
James Taylor chosen Treasurer and Receiver General.
Joint-Committee of both Houses appointed to consider what is further necessary to be done relating to the matters contained in the Address to His Majesty.
Treasurer's accounts passed.
Committee appointed to treat with the Commissioners of Connecticott upon a paper offered by them for explanation of the concession proposed to them by the Court. [Board of Trade. New England, 49. pp. 361–363.]