America and West Indies
November 1700, 1-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1910

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630-641

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'America and West Indies: November 1700, 1-5', Calendar of State Papers Colonial, America and West Indies, Volume 18: 1700 (1910), pp. 630-641. URL: http://www.british-history.ac.uk/report.aspx?compid=71374 Date accessed: 30 July 2014.


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Contents

November 1700

Nov. 1.
Whitehall.
896. William Popple to Sir John Hawles. Enclosing for his opinion in point of law the Acts of the General Assembly of Massachusetts Bay, May 29, 1700. Enumerated. [Board of Trade. New England, 38. pp. 286, 287.]
Nov. 1.
Whitehall.
897. William Popple to Mr. Phelps. The Council of Trade and Plantations command me to give you notice, for the information of the Master General of H.M. Ordnance, that they are informed by Gov. Blakiston (Aug. 6), that amongst other things seized by him on board the John Hopewell, taken by Munday from King, a pirate, were six guns with carriages, and nine other great ones. [Board of Trade. Maryland, 9. p. 556.]
Nov. 1.
Whitehall.
898. William Popple to Mr. Lownds, enclosing copy of Col. Blakiston's deposition (Aug. 6) and account of guns, etc., which he wrote had been seized on board Munday. [Board of Trade. Maryland, 9. pp. 557, 558.]
Nov. 1.899. Bishop of London to the Council of Trade and Plantations. I am very sensible of the just care the Earl of Bellomont has expressed for ye conversion of the Five Nations, and I wish with all my heart that I had five Apostles for them. I will make it my business to find out fit persons for ye work, when I can know how they shall subsist. It was a great unhappiness that Dne. Dellius fell under his Lordship's displeasure, for he was ye only man that understood how to converse with ye Mohocks, to whom he had converted several to a sincere embracing of ye Christian faith, and had caused such an interest in them as proved of great service and security to ye whole Colony. But he is banished. I would humbly suggest that, since there is so much need of emissaries, his Lordship, if his Commission does not already impower him, might have a new one to call ye gentlemen of New England to an account, how they have bestowed that considerable yearly revenue, which was given for this very purpose from their first planting. Signed, H. London. Endorsed, Recd. Read Nov. 7, 1700. 1 p. [Board of Trade. New York, 10. No. 32; and 55. p. 13.]
Nov. 1.900. Journal of Council of Trade and Plantations. The Attorney General's report upon the Acts of Barbadoes, May 18, –Nov. 3, 1697, and Nov. 4, 1698–May 26, 1699, read. The Acts considered. Mr. Brenton was granted a copy of the state of the case delivered by Commissioners from Connecticut to the Earl of Bellomont in Sept. 1699, relating to their difference with Rhode Island about the Government of the Narraganset Country. [Board of Trade. Journal, 13. p. 232; and 97. No. 196.]
Nov. 1.901. Minutes of Council in Assembly of New York. Bills, for the confirmation of a certain agreement between Thomas Swartwout & Co. and Gerrit Aertsen & Co., and for settling and mending the highways and byways in Ulster County, sent up, were laid before the Board.
Bills for repealing an Act for the better securing the Five Nations, and for appointing Commissioners of Accounts amended, read and passed.
Nov. 2.The House of Representatives attending, His Excellency signed and enacted Bills (1) for encouraging the brewing of beer and making of malt in this province; (2) for appointing and enabling Commissioners to examine, take and state the public accounts; (3) declaring the town of Eastchester in the County of Westchester a distinct parish from the town of Westchester; (4) repealing the Act for the better securing the Five Nations; (5) for the encouraging of seamen.
His Excellency told the Representatives that there were several other Bills sent up from them to this Board, but they mostly containing matter of property, or the Courts of Law in this Province, His Excellency and Council thought it advisable not to intermeddle with the same, in regard that he hath received advice that His Majesty hath appointed a Chief Justice and Attorney General, men of study, knowledge and experience in the Law, who are now daily expected, by whose advice and assistance he hopes measures will be taken that every person's property may be effectually secured to him and that the Courts of Judicature will be established for the ease and benefit of the subject inhabitants here. He prorogued the Assembly until the first Wednesday in April next. The gentlemen of the Council and several of the Representatives agreed to meet at the City Hall and publish the Acts now passed on Munday morning next, which was done. [Board of Trade. New York, 72. pp. 856–859.]
Nov. 4.
Office of
Ordnance.
902. Wm. Phelps to William Popple. I laid your letter of Nov. 1 before the Principal Officers of H.M. Ordnance, and am to acquaint you that order is taken for writing to Col. Blakiston about the guns seized by him, and to desire you that, as there shall be any occasion to send to this office, you would direct to the Rt. Hon. the Earl of Romney, Master General of H.M. Ordnance and the Principal officers of the same. Signed, Will. Phelps. Endorsed, Recd. Read Nov. 6, 1700. 1 p. [Board of Trade. Maryland, 4. No. 14; and 9. pp. 558, 559.]
Nov. 4.
Bermuda.
903. Gilbert Nelson to the Council of Trade and Plantations. I hear from a gentleman in England that one in the City of London doth report that he hath an affidavit made by Capt. Richard Peniston, that he gave me money to corrupt the jury in Lewis Johnston's cause with Thomas Burton. I have had Peniston before the Governor and Council, where he did deny that ever he made such an affidavit or that ever he gave me any money in the cause, either to corrupt the jury or as a bribe. The author of the report, I am informed, is Mr. Charles Noden, a person well known to your Honours. I hope he hath laid the affidavit before you, which if he hath, my humble request is that you will be pleased to lett a friend of mine, one Mr. Benjamin Nelson, a Barrister in Chancery Lane, have a copy of it. I cannot get a copy here, nor learne what J.P. took it. Capt. Peniston doth confess he hath made an affidavit against me, but refuses to declare the contents.
There is in these islands thirteen or fourteen shares of land lately bought with pirates' money, three in Thomas Smith's name with the money of William Griffin (and Daniel Smith) lately sent for England. I have taken several affidavits about the purchase from the tenants, who did refuse to pay their rents either to Tho. Smith or the two pyrats. Mr. Charles Walker, who was concerned in selling the land and did receive the rents before the sale, did receive the rents after sold, until the tenants could be got out of possession or persuaded to turn tenants to the new purchasers. I have caused a writ to be made out of H.M. Exchequer, directed to the Sheriff, to seize to the use of His Majesty the aforesaid three shares of land. Mr. John Dickenson, or Col. Ant. White, they being concerned together, have purchased three shares, Richard Gilbert four shares, and two others three or four shares with the money they received as their dividends from Thomas Tew and his gang. They fetched it from Rhoad Island in a sloop sent for that purpose. They did set forth Thomas Tew, being concerned as part owners; some received 3,000l., 2,000l., 1,400l. and 700l., in Lyon dollars and Arabian gold, according as their interest was. I did commit Col. White and Mr. Dickenson to prison as Judge of the Admiralty. Two Justices of the Peace bailed them. I committed Thomas Smith as an accomplice with Wm. Griffin and his son Daniel; the same Justices bailed him to the Assizes, whom now doth hide and cannot be found all the island over. The Governor, that is called home, hath sent or will bring with him the several affidavits. This is from a loyal subject (of King William). Signed, Gilbert Nelson. Endorsed, Recd. 9, Read Dec. 12, 1700. Addressed and sealed. Postmark. Holograph. 3 pp. (with abstract). [Board of Trade. Bermuda, 4. No. 45; and 30. pp. 132–135.]
Nov. 4.904. Minutes of Council of the Massachusetts Bay. Forasmuch as there is apparent hazard of the fireing of houses by the throwing of squibs, serpents, rockets and other fireworks in ye town of Boston, besides the great rudeness and disorders occasioned thereby, for prevention whereof, advised that the Lieut. Governor do emit a proclamation forbidding all persons to fire or throw any squibs, etc., within the Town of Boston, other than in the open fields, and there not within the space of twenty rods of any house or fence, on pain of imprisonment.
The accompt of wages due to Capt. Cyprian Southack, Commander of the Province galley, and company, March 5—Oct. 24, approved and allowed.
Arrears due to the brigantine Elizabeth, John Pitts, master, for transport work paid.
Ordered that Mr. Treasurer provide the necessary supplies for the soldiers at the new Fort at Cascobay from time to time. [Board of Trade. Massachusetts Bay, 2. pp. 19, 20.]
Nov. 5.
Whitehall.
905. Order of King in Council, referring enclosed petition to the Council of Trade and Plantations, to report what they conceive fit for His Majesty to do, after hearing petitioner's Counsel. Signed, John Povey. Endorsed, Recd. Read Nov. 15, 1700. ½ p. Enclosed,
905. i. Copy of Petition of Charles, Lord Baltimore, to the King. Two Acts lately transmitted from Maryland—the Act ascertaining the bounds of lands, and the Act limiting the time for payment of obligations—will, if they obtain His Majesty's consent, injure petitioner's right and property to his lands and lessen his revenue there. He therefore begs to be heard by his Counsel. 1 p.
905. ii. Duplicate of above. [Board of Trade. Maryland, 4. Nos. 15, 15.i., 16; and 10. pp. 1–3.]
Nov. 5.906. Edward Randolph to the Council of Trade and Plantations. A paper humbly presented showing the great loss His Majesty sustains in his Revenue upon tobacco, carried from His Majesty's Plantations on the Continent to His Majesty's other Plantations, where far greater quantities are yearly imported than the consumption of those places require, from whence a great part is carried to Newfoundland, Scotland and directly, as also some proposals for preventing the same for the future. North Carolina. The inhabitants and those who live upon the Southern bounds of Virginia, adjoyning to the inlet of Currituck (where is no settled officer of the Customs) run their tobacco aboard small vessels, there not being above eight foot at high water, and a bar'd harbour, and carry it to New England, New York, etc., or land great part of it at Martin's Vineyard, or at Elizabeth's Island, where it is housed, not paying the Collector, if they are discovered, above ¼ of the duty of the penny per pound sterl. as by the 25 of Car. II. is enacted, taking English goods or rum and sugar at 50 or 60 per cent. in lieu of the duty. The generality of the people live chiefly upon the planting Indian corn, and raising stocks of hogs and cattell, which were carried to the Leeward Islands, but since tobacco has been in demand at home, the Agents of the Pennsylvania Company have encouraged those who live about Albemarl River to plant tobacco, which they have done, and they sent Capt. Cole in a vessel belonging to London to carry it thither, but he finding but eight foot at high water at the inlet of Roanoak, and the channel very uncertain, would not venture in, but went directly to take in a loading at Virginia, so that the Tobacco planted in that Province cannot for that reason be brought to England, but carried in small vessels to New England, etc., therefore planting Tobacco there is by all means to be prevented. Besides, one Henderson Walker (a pretended Quaker) succeeds Tho. Harvey, the late Deputy Governor. He is not approved of by the Lords Proprietors, and as in many other respects a very unfit man to govern. Virginia and Maryland. It has been the practice of some of the former Collectors, who were great Planters, and had one moiety of the duty of all the Tobacco carryed from thence to His Majesty's other Plantations for their collecting for His Majesty the moiety, to abate the masters about ½ of their own moiety provided they would purchase their whole loading of them, sometimes conniving at their short entries (as I discovered in the Collectors' Books at Potomack in Maryland, and in James River. Details given). Pennsylvania and the three lower Counties on Delaware. The Scotch merchants and others inhabiting that Province used to carry their goods out of Delaware overland to the heads of Sassafras, Bohema and Elke Rivers in Maryland, where they purchased tobacco, and paid no duty for it, carrying it the same way to Delaware, and shipped it aboard vessels, which lay ready to receive it, 40 miles below the Port of Newcastle, which was carried directly to Scotland, as did Gustavus Hamilton, etc., since the time I was first in Pennsylvania, there being little tobacco planted in those three lower countries (as Mr. Penn did about that time aver), but upon his coming to Pennsylvania the inhabitants of Kent and Sussex counties have planted vast quantities, and several families are lately removed thither from Maryland, which encourageth their planting. There has within these two last years been about 370 hhds. carried from thence to His Majesty's other Plantations.
For the more certain discovery of the true quantity of tobacco yearly made in the Plantations; 'tis humbly moved that it may be recommended to the Governors that they command the Sheriffs of the Counties ex officio to demand of everyone of the inhabitants in April an account of every hhd. of Tobacco he made the precedent crop, and to return the same to the Governor, which with a duplicate thereof the Governor is likewise to transmit to the Commissioners of H.M. Customs.
New England. As to the illegal trade in those Colonies, I find that notwithstanding the letters from the Commissioners of H.M. Customs to all the Governors, directing them to be very vigilant to prevent the carrying tobacco or any other enumerated Plantation commodities to Newfoundland, yet great quantities are yearly carried from New London and other Ports in the Colony of Connecticut (where is no settled Officer of the Customs). Col. John Fits (sic) Winthrop, one of the owners of Fisher's Island (where several bales of goods from Madagascar were housed) is Governor of the Colony. Mr. William Partridge, a milwright is the Lieut. Governor of New Hampshire; he sent about two years' agoe 15 hhds. of tobacco and 600 weight of sugar to Newfoundland from that Province, as did others. But the merchants in Boston now exceed them in that and all other prohibited trade, the Chief of the Council being concerned therein. There were cleared at the Custom House 14 vessels from April 12, 1698–May 20 following for Newfoundland, whereby that island is made a staple of all European and Plantation commodities. Proposals offered for preventing the great and increasing loss to the Customs on Tobacco by the yearly exportation thereof from the Plantations on the Continent to His Majesty's other Plantations in far greater quantities than the consumption of those places do require :—(1) That Tobacco be not hereafter exported from any of His Majesty's Plantations on the Continent to any of His Majesty's other Planations, otherwise than in cask, chest or case only, none to weigh less than 250 neat, under penalty. (2) That no planter or merchant shall be hereafter a Collector of H.M. Customs in the Plantations, but that persons of known and approved abilities be made the officers in those districts, where is the greatest trade and requires the greatest trust and care. (3) That no Collector do henceforth grant any bills of store for any tobacco carried from the said Plantations under penalty of fine per pound of tobacco for which he granted the bill. (4) That all the Collectors of His Majesty's other Plantations provide themselves with a good beam, scales and weights or stillyards in places where no public weigh-houses are, and carefully weigh all tobacco so imported, as also other the enumerated commodities, before he permit any of it to be carried away or housed, and that they enter the weight thereof in a book provided for that purpose, and transmit it hence every year to the Commissioners of the Customs according to the specimen annexed under penalty. (5) That no Naval Officer shall take a Plantation Bond until the Collector in that district has certified his approbation of the security in writing under his hand; neither shall he discharge any Plantation Bond upon a Certificate produced to him for the discharge thereof, either from England, Wales, etc., or from any other of His Majesty's Plantations, until the Collector has likewise perused and approved thereof. (6) That no Naval Officer shall accept of any inhabitant, tho' of a good estate, to be security with any Master of a ship or vessel, who at the same time stands bound with another Master, till the first bond be discharged by a legal certificate. (7) That every Naval Officer do once, or oftener, every year return all Plantation Bonds with the certificates annexed, which were produced for their discharge, and also all the certificates produced to him for vessels, which gave bond in England, etc., to return to England, etc., only, into the Secretary's office in each Government, who is to be strictly charged with the safe-keeping of them, and that the Collectors take care that the Attorney General do vigorously prosecute all Plantation Bonds, so soon as they shall become forfeited. (8) That no Naval Officer shall take a Plantation Bond of any Master of a vessel belonging to England, Wales or Ireland, to load tobacco, except for a new ship built in the country and her first voyage, until he produce a certificate from the officers of some Custom House in England, etc., that he has there given bond according to law. (9) That no master of a vessel be permitted to clear upon oath until he has received a true account of her loading from the mate or others, who stowed the vessel, and that all Masters coming unto any of His Majesty's Plantations on the Continent of America do load and unload at the places appointed by the respective Government to be the only ports in the said Plantations, and not elsew(h)ere under a penalty. (10) There has been from April, 1698–April, 1700, above 370 hhds. of Tobacco carried from Philadelphia to His Majesty's other Plantations, and inasmuch as the greatest part of the Tobacco carried out of the Capes of Delaware Bay is made in the counties of Kent, Sussex and Newcastle, it is humbly proposed that all such tobacco be entered and cleared with the Collectors at the port of Newcastle only, and that the Officers of the Customs in the other Plantations, and also the Collectors at Philadelphia be strictly directed to seize all tobacco brought from any of the said three lower counties for which the Master does not produce a certificate that it was first entered and cleared by the officer at Newcastle, who, as also the Collector at Philadelphia, is to get a beam, scales, and weights. And in regard Delaware Bay is in most places about seven or eight leagues over, and therefore not possible for many officers to prevent the carrying away tobacco, and other illegal trade, from Duck Creek, Dover, etc., without the assistance of a frigott to cruise in the Bay and seize all vessels, which had not legal clearings from the Collectors at Newcastle and Philadelphia. The Lords of the Admiralty did order a small frigot to be sent to Maryland for that purpose, and upon notice that she was lost upon the coast of North Carolina, have sent Capt. Code with another frigott now in Maryland ready for that service, when the Commander shall receive like orders as were given to Capt. Bostock, the commander of the former frigott. It's therefore humbly proposed that since there are far greater quantities of tobacco yearly made and carried out of Delaware than at the time when the orders were obtained for a frigott to be sent to cruise there, that the former order may be renewed (and) that the frigott now ready in Maryland may be ordered accordingly.
Now since the inhabitants of His Majesty's other Plantations will not content themselves with being supplied with tobacco for their own use free from all other Customs saving the duty of 1d. per lb., whilst His Majesty's subjects in England pay great customs and impositions for what is spent here, but have contrary to the Acts of Trade, carried great quantities thereof to Newfoundland, Scotland, etc., to the great diminution of H.M. Customs, it's humbly proposed that a duty of 1d. per pound more be upon all tobacco exported from His Majesty's Plantations on the Continent to any of His Majesty's other Plantations, to be paid by every Master of a vessel bound thither with tobacco to the Collector in money sterling before he take any aboard, as is enacted 25 Car. II., and that all Governors and Collectors there be required to see the same strictly observed. And lastly, for preventing Masters of vessels from carrying tobacco, sugar, etc., from Boston and New Hampshire, and also from any other of His Majesty's Plantations to Newfoundland under pretence of supplying that island with provisions, and likewise from making their return in wine, brande, silks and the manufacture of Scotland, taking fish aboard in New oundland only to colour their frauds, it's humbly proposed, that every Master, bound from any of His Majesty's Plantations with provisions to Newfoundland, shall, before his taking any aboard, give bond of 1,000l. with sufficient security to the Governor or his Naval Officer in the port where he loads any provisions, with condition that if he load and carry from thence any of the enumerated Plantation commodities to Newfoundland, or import any goods or merchandize of the production or manufacture of Europe from that Island to any of His Majesty's Plantations, that [upon] proof thereof, the said bond shall be forfeited, one moiety to His Majesty, etc., the other to the Master or any of the seamen belonging to the said vessel, in case the Master or any two of the seamen within—months after his or their arrival inform thereof to any J.P. or officer of Customs in the Port where the said Plantations' commodities were loaden, and where they were unlivered.
The Commissioners of Customs have procured several Acts to be passed for the better regulating the Trade and securing H.M. Customs in the Plantations, which notwithstanding are taken little notice of in the Proprieties, where the illegal trade is carried on more than formerly, and will increase till all the Proprieties are brought under His Majesty's immediate government, and until I can arrive in Virginia, to take care that the several new Collectors, wholly unacquainted with the r business, be directed how to perform the great trust reposed in them.
General Proposals for regulating the Trade : (1) That no Governor or Lieut. Governor shall be an owner or part owner of any vessel, nor shall trade by himself or by any person concerned directly or indirectly for him, under the loss of his Government. (2) That the Governors, etc., return a list of all vessels and of all Plantation Commodities exported thence, and also attested copies of all bonds, taken by them or by their respective Naval Officers, to the Commissioners of H.M. Customs, twice every year, under a grievous penalty. (3) That the Governors, etc., shall not imprison or suspend any of the Officers of H.M. Customs, except in case of felony, murther or treason proved, but shall by the first opportunity represent the case to the Commissioners of H.M. Customs, giving the Officer a copy of his charge time enough, that he may send his answer to the Commissioners of Customs. (4) That all depositions relating to Trade and Navigation or otherwise taken before a Governor and certified under the hand and seal of the Governor, who is to take the same, unless he be a party concerned, shall be of equal force at the Council Board, or in any of the Courts at Westminster Hall, as if the same had been taken before any of the Masters in Chancery in England, but where the matter in difference relates to the Governor or Lieut. Governor, the party agrived may apply himself to the Chief Judge or to any two of the J.P.s in the said Plantations, whereof one to be of the quorum, who are to be required under a penalty to take and certify the same, which oath to be of like force. (5) That the fees in the Courts of Admiralty and special Courts in the Plantations for trying seizures and forfeitures, and all matters relating to the Crown be regulated, being at present too extravagantly high, and in case judgment be entred up for His Majesty, a great part of His Majesty's and the Collector's third part of forfeitures be not swallowed up in fees, as lately at Carolina, Bermuda and Providence. (6) Whereas by 14 Charles II, Officers may plead the general issue, and the Judges are required to admit the same, and to acquit and indempnifie them, etc., which Mr. Nelson, the Chief Justice in Bermuda, refused to do in my prosecuting a seizure, and was practiced likewise in Pensilvania upon my trying the sloop Dolphin of Boston, etc., they gave judgment against me at both places for Court and other charges; (and) that all Judges refusing to admit the Officer's plea, upon producing any of the Acts mentioned in the said Act be fined, etc., and that no person shall be Judge in the same case in two several Courts. (7) That no Collector in the Plantations grant Bills of Store for any of the enumerated Plantation commodities, upon [penalty of?] paying double the value of every pound thereof so granted. (8) That no Officer of H.M. Customs be owner of any vessel, nor an agent or factor, for any merchant or company, under penalty of—. Signed, Ed. Randolph. Endorsed, Recd. Read Nov. 6, 1700. 6¼ large pp. [Board of Trade. Plantations General, 5. No. 79; and 35. pp. 333–350.]
Nov. 5.907. Edward Randolph to the Council of Trade and Plantations. Narrative of his survey in the Plantations, Nov. 8, 1697–July 1, 1700. A diary of his movements already recorded in letters abstracted and calendared in Calendar A. and W.I., 1697, ff. Signed, Ed. Randolph. Endorsed, Recd. Nov 6, 1700. 14 pp. [Board of Trade. Plantations General, 5. No. 80.]
Nov. 5.
Whitehall.
908. Order of King in Council. Referring to the Council of Trade and Plantations, for their report, the enclosed Remonstrance. Signed, John Povey. Endorsed, Recd. Read Nov. 15, 1700. ¾ p. Enclosed,
908. i. Remonstrance and humble petition to the King of His Majesty's subjects inhabiting East New Jersey. Petitioners settled in the Province, and, by virtue of a licence from the Hon. Col. Richard Nicholls, Governor under the then Duke of York, purchased lands of the native pagans. His Royal Highness sold his right and interest to the Province to certain Proprietors, by whose licence several of your Majesty's subjects have also purchased lands of the native pagans, whereby they humbly conceive they have gained a right and property to the said lands. Yet they are molested, disturbed and dispossessed of their said lands by the said Proprietors or their Agents, who under pretence and colour of having bought the Government with the soil, have distrained from and ejected several persons for and under pretence of Quit-rent and Lord's Rent, whereby they have been sued and put to great trouble and charges, and have been compelled to answer to vexatious actions, and after they have obtained judgment in their favour, could not have their charges, as, according to Law, they ought to have, but have been forced to sit down under the loss of several hundreds of pounds sustained by their unjust molestations. The Proprietors, without any process of law, have also given and granted great part of petitioners' lands by Patent, as to them seemed fit. And notwithstanding their pretence of Government, yet they left us from the latter end of June, 1689 till Aug., 1692, without any Government, and that too in time of war. They have never taken care to defend us from the native pagans by providing ammunition or stores, but rather have provoked them to make war on us, by surveying and patenting their lands without purchasing the same from them; and sometimes, when the natives have sold and disposed their lands, the Proprietors have disposed of the same to others, or else forced them who had the property in it to purchase it of them upon their own terms, which the natives have highly resented, and (may justly be feared) wait only an opportunity to revenge it. And further to manifest the illegal and arbitrary proceedings of the Proprietors, they wrote to the Council here, "We have been obliged against our inclinations to dismiss Col. Hamilton from the Government, because of a late Act of Parliament disabling all Scotchmen to serve in places of public trust, or profit, and obliging all Proprietors of Colonies to present their respective Governors to the King for his approbation; so we have appointed our friend Jeremiah Basse to succeed him, whom we have also presented to the King, and he is by him owned and approved off." Yet they have superseded Basse and have commissionated Col. Hamilton again, without your Majesty's Royal approbation, who now would impose himself upon us as Governor, without having legally taken the oath. The Proprietors have also, in contempt of your Majesty's known Laws, commissionated natives of Scotland to be Secretary and Attorney General and Clerk of the Supreme Court, which may be of ill consequence in relation to the Act of Trade and Navigation, and to the great hindrance of your Majesty's loyal subjects—(the power of Government being chiefly in the hands of natives of Scotland) from informing against any illegal or fraudulent trading by Scotchmen or others.
We humbly implore your Majesty to give your orders to the Proprietors that, with your Royal approbation, they commissionate for Governor a fit person qualified according to law, who as an indifferent Judge may decide by the controversies arising between the Proprietors and inhabitants of this Province. Signed, John Royse and 223 other signatures. 4½ pp. Edges rubbed. [Board of Trade. Proprieties, 5. Nos. 70, 70.i.; and 26. pp. 333–340.]
Nov. 5.
Fort William
Henry.
909. Minutes of Council of New York. 16l. 1s. 6d. paid to Johannes Sanderse Glen for repairing the barracks at Schonnectady.
His Excellency and Council agreed with Hendrick Hansen and Peter van Brough to provide firewood for His Majesty's soldiers at Albany for 130l. per annum. Their accounts referred to a Committee. 43l. 10s. paid to Hendrick Hansen for previous provision of firewood.
Col. Cortlandt ordered to provide furniture for a room for the two Lieutenants now to be sent up to Albany and bring in an account thereof.
Nov. 6.30l. 8s. 2d. paid to Peter van Brugh, and 20l. 0s. 10½d. to Hendrick Hansen for their journies with Col. Romar to Onnondage.
9l. 19s. 3d. paid to Major Dyrk Wessells for disbursements by him to the Indians, 1697, 1698.
2l. paid to Garrit Viele for casting 2,000lbs. of lead into small bars for the Indians.
3l. 13s. 3d. paid to Henry Mason, blacksmith, for work done in Fort William Henry.
20l. paid to Abraham Gouverneur, Speaker of the House of Representatives, for his services the last sessions.
2l. 2s. paid to Abraham de la Noy and Engelbert Lott for seven beams used for Fort William Henry.
18l. paid to Major Dyrk Wessells for journeys to Onnondage and New York.
28l. 9s. 11d. paid to Col. Peter Schuyler for provisions for the French Prisoners, Nov. 10, 1697–May 1, 1698, and 25l. for supplies for Albany and Schonnectady.
36l. 10s. paid to Lt. Tho. Sharp, Gunner at Albany.
24l. 10s. 6d. paid to Capt. John Schuyler for goods delivered to four Indians, who were sent on the public account with some Christians to Ottowawa.
28l. 12s. paid to Col. Abraham Depeyster for the expedition in search of masts. [Board of Trade. New York, 72. pp. 379–382.]
Nov. 5.910. Minutes of Council in Assembly of Barbados. Richard Brewster was sworn a Member. Excise Bill passed and received His Excellency's consent.
Bill to encourage inhabitants to become owners of vessels was read once and referred to a Committee.
Petition of the Honble. Coll. Tobias Frere, praying that the 15l. he had paid for an Indian woman upon concluding a peace with the Indians of Dominico might be recommended to the Assembly, granted.
An account of the wants and defects of the fortifications of the several Divisions required.
Petition of Capt. Thomas Beckly, Attorney to Edward Parsons, for a drawback on wine re-exported. recommended to the Assembly.
The same was paid 33l. 18s. 4d. for fitting out some vessels in the country's service.
Sundry petitions for drawbacks on wines recommended to the Assembly.
Then the Assembly came up and declared their great concern at the scandalous report against the Governor in England, to which he had referred on Oct. 22, and delivered a vindication of him, which they intended to send home, heartily exonerating him from the charge of invading the rights of the Assembly and undertaking the decision of Elections, and acknowledging his beneficence in passing and recommending several laws which before his arrival they could not by the most engaging methods obtain. [Board of Trade. Barbados, 66. pp. 381–385.]
Nov. 5.911. Journal of Assembly of Barbados. Bill for a present to the Governor passed.
Committee to consider the old arrears appointed.
William Bridges, Francis Eyles, and Robert Heysham appointed Agents for the Island in England for two years.
Resolved that His Excellency be humbly desired that all petitions be directed to the Governor, Council and Assembly.
The Act against detaining negroes being near expiring, ordered that it be considered next sitting.
A Committee of Correspondence ordered.
The House adjourned till this day four weeks. [Board of Trade. Barbados, 66. pp. 420–422.]