America and West Indies
March 1702, 6-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1912

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115-126

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'America and West Indies: March 1702, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 20: 1702 (1912), pp. 115-126. URL: http://www.british-history.ac.uk/report.aspx?compid=71638 Date accessed: 02 September 2014.


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Contents

March 1702

March 6.Address voted to H.E. and Council that the judgments given the last General Assizes against Col. Day, Gilbert Nelson and Edward Jones (for their several offences) be ordered to be put in execution, and that they may be kept in H.M. prison accordingly until their several fines be paid to the use of his Sacred Majesty.
Voted that 216l. be forthwith raised for building a store-house for the ammunition and placing the guns where needful, each parish or tribe to raise 24l. Act ordered to be drawn accordingly.
Thomas Bostock appointed Clerk of the Assembly. [C.O. 40, 2. p. 286.]
March 5.175. Minutes of Council of New York. Depeyster v. Cruger; in pursuance of a writ of error issued Feb. 19, the Chief Justice of the Supreme Court brought before this Board the record of the Supreme Court in this Cause, and left the transcript thereof, which was ordered to be lodged with the Clerk of the Council. Antill for the appellant moved that the defendant may plead to the Errors filed by him this day. Ordered that the Defendant have a month's time.
Petition of David Provoost, John Depeyster, Matthew Clarkson, and Robert Walters, praying a licence to purchase a tract of vacant land in the County of Ulster, bounded southerly by the land granted to Capt. John Evans, westerly by the boundaries of the palls, northerly by the boundaries of the Corporation of Kingston, and easterly by Hudson's River, which the Indians Proprietors are willing to sell to them, granted, provided the purchase be made and returned in Council within 12 months, and that the purchase be made before one of H.M. Justices of the Peace for the said County. [C.O. 5, 1184. pp. 626, 627.]
March 6.
Whitehall.
176. Council of Trade and Plantations to the Earl of Manchester. We did intend yesterday to have laid before H.M. in Council the several draughts of Instructions that we have prepared for Col. Dudley in the Governments of the Massachusetts Bay and of New Hampshire and for Mr. Crowe in the Government of Barbados, together with our reports upon them, but there having been no opportunity for it, we send the same here inclosed, that your Lordship may please to lay them before his Majesty, whenever it may be convenient. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 29, 7. p. 483.]
March 6.
Speaker's
Chambers.
177. Order of Committee of the House of Commons. That the Commissioners for Trade and Plantations lay before them all the proceedings before them on any complaints against the Lord Grey, and the Act to ascertain the rights and powers of the General Assembly of Barbados, Aug. 9, 1698. Signed, R. Gwynne. Endorsed, Recd. 7, Read March 12, 170½. ½ p. [C.O. 28, 6. No. 42.]
March 6.178. Col. Quary to the Council of Trade and Plantations. The affidavit of Thomas Smith [See Feb. 25] is false in all the material part relating to the trial and condemnation of the pink Providence. [See Cal. A. and W.I., 1700, No. 932.i.] Some time after the arrival of that vessel in Newcastle she was seized by the King's Officers for importing into the River Delaware within the jurisdiction of the Court of Admiralty for that Province sundry goods from Europe without producing a duplicate of her Registry. The officer who made the seizure, by reason of some indirect practices and applications to him, was willing to decline the prosecution, but the King's Advocate very well knowing that the seizure being once made, the ship could not be cleared without a judicial trial, he exhibited an information against the ship and goods. A speedy trial was ordered on petition of the Master, John Lumby, who by himself and Council appeared in Court. Upon a full hearing it did appear before me in Court, that the Master and Company of the said ship had broake bulke and had disposed of part of the said ship's lading, which also now appears by the affidavit of Mr. Basse. At the said hearing several of the Officers and saylers declared on oath that they knew nothing of the ship being registered. As for the Master, he being a party and owner, his evidence could not be allowed. There was no list produced in Court (as is mentioned in the affidavit) by which it did appear that the ship was ever registered; all that was produced being only a pretended copy of a list of ships that had given bond to land in England, etc., such of the enumerated commodities as they should load in any of the Plantations, which lists had been used many years before the Acts of the 7th and 8th of his present Majesty, which requires the due registry of ships. In May, 1699, as Judge of the Vice-Admiralty of Pensilvania, I accordingly pronounced the ship and lading forfeited. And now, that your Lordships may see how kind I was to the owners, I did not order the disposal of the ship and goods as the Law directs, so soon as the judgment was passed, but kept them in the King's Store 12 months, that they might try to get the judgment reversed, but the Marchants writing that all their interest could not make void the decree, I did then on the petition of the Marshall of the Admiralty, setting forth that part of the goods were damnified and rotten, grant a Commission to several persons of known credit to vallew them. After the appraisement at 581l. 12s. 7½ d., ½rd part of the goods in specie was delivered to Mr. Pen as Governor, another ⅓rd to the Informer and Prosecutor, the other ⅓rd remains in my possession, out of which are several charges and disbursements to be deducted, which I am ready to account for to H.M. I proposed in open Court to the Master and Marchant of the said ship that they should have the ship and cargo as they should be appraised in case they should deposit the vallew thereof into Court, until they had prosecuted an Appeal, which they refused to do. The Act gave me no power to take bonds, nor could bonds taken in H.M. name be sued in Pensilvania, the King having no Attorney General there, and several bonds of great vallew which are forfeited to the King have already layne many years, and cannot be put in suit. Eighteen months after the condemnation of the ship and cargo there came an inhibition from the High Court of Admiralty of which I gave an accompt to the Lords Commissioners of the Admiralty to employ some of the King's Council to appear and defend H.M. right, which accordingly they did, the cause being appealed in the High Court of Admiralty of England, on behalf of the pretended owners, who after many delays not being able to prove any of their allegations, Sir Charles Hedges, Judge of the said Court, or his surrogate did, Oct. 23 last, confirm the judgment given by me and dismissed the Appeal with costs. Signed, Robt. Quary. Endorsed, Recd. Read March 6, 170½. 3 pp. Enclosed,
178. i. Deposition of Jeremiah Basse that in May 1699 going down to Cape May in search of some pyrates and stopping at Newcastle, John Lumby, Master of the Providence, went on board her and brought back on board of deponent two casks of Hull ale, one of which he sold to him, at which time there was no seizure made of the said ship or lading, as deponent believes, in regard that the King's Officers would not have suffered Lumby to have carried away any goods. Signed, J. Bass. Feb. 29. 1 p. [C.O. 5, 1261. Nos. 54, 54.i.]
March 6.
Newfound-
land.
179. Council of Trade and Plantations to the King. The season of the year now approaching for sending the usual convoys to Newfoundland, we humbly represent to your Majesty that there is wanting a bomb and other materials for floating and fixing the chain that has been sent thither some time since for the security of St. John's Harbour, but the Board of Ordnance alledging that the charge thereof ought to be borne by the Navy Board, and that Board insisting that the care of this service appertains to the Board of Ordnance, we humbly conceive it requisite that your Majesty may be pleased to interpose your directions therein. There are also wanting stone and other materials for building or repairing the forts in that harbour, for the transporting of which we have used our endeavours to dispose some merchants to contribute their assistance at easy charge, and we humbly offer that your Majesty would be pleased to give the necessary directions therein to the Office of your Majesty's Ordnance. It has been further humbly offered to us by the Principal Officers of your Majesty's Ordnance that it may be requisite that the seamen aboard your Majesty's men of war may have orders to assist, during their stay there, in carrying on the works, which orders have been formerly given, and we humbly conceive may properly be renewed, as likewise that such other workmen as may be necessary for those several services be sent thither with the forementioned particulars. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Mat. Prior. [C.O. 195, 3. pp. 38–40.]
March 7.180. Minutes of Council of Bermuda. Ordered that Capt. Thomas Dodson, Commander of H.M. Castle, be paid 6l. 6s. 6d. yearly for the time of his continuing in commission, as other Commanders of the Castle has been allowed. [C.O. 40, 2. p. 46.]
March 7.181. Journal of Assembly of Bermuda. The House being met and the list called over, the Act ordered to be drawn up for the raising 216l. for the building a storehouse was read, passed and sent up.
Upon complaint of the Marshal that the prison is out of repair and insufficient to secure prisoners, and the Committee to inspect it having returned that it wants repairation, ordered that it be amended, and that Mr. John Rawlins, the Marshall, employ men and provide materials to be paid for out of the public money. This vote sent up. [C.O. 40, 2. pp. 286, 287.]
[March 9.]182. Petition of John Usher to the Council of Trade and Plantations. Prays that the same directions may be continued in the Instructions to be given to Col. Dudley as were given to Lord Bellomont that due care may be taken for the payment of the money due to petitioner as Treasurer of New England under Sir Edmund Andros. Signed, Jno. Usher. Endorsed, Recd. 9. Read March 19, 170½. 1 p. Annexed,
182. i. Memorandum of the Instructions to Lord Bellomont referred to above, and his answer. 1 small p. [C.O. 5, 862. Nos. 100, 100.i.; and 5, 910. pp. 185–188.]
March 9.183. Minutes of Council of the Massachusetts Bay.
Proclamation signed appointing April 2 as a day of Public Fasting with Prayer.
Letters to Col. Romer desiring his speedy return, and to Lt.-Gov. Nanfan desiring that he may be permitted to return, signed.
Instructions signed to be given to the Captain of the Castle, directing him to give orders that no more than one gun be fired to answer a salute from any ship passing by the same, unless it be to any of H.M. Ships of War. [C.O. 5, 788. pp. 123, 124.]
March 10.
Boston.
184. Isaac Addington to Wm. Popple. Enclosing Minutes of Council of the Massachusetts Bay, Sept. 25—Feb. 11, 1701, and Journal of Assembly, Oct., 1701. As also in obedience to their Lordships' commands I have inclosed a copy of the negotiation with the Eastern Indians in June last, and copy of a Message sent by them to Boston in Dec. following with the answers thereto made by the Council. Nothing of moment referring to H.M. service here other than what you will have an accompt of in the inclosed has occurred since my last. The Province thro' divine favour continues in peace, altho' we are not without great fears of the near approach of trouble by the startling and surprizeing intelligence that we have from Europe of the strange convulsions which the Nations thereof are thrown into, preseaging a bloody war, wherein we must expect to bear a share. Our present circumstances as to the unsettlement of the Government renders us very unfit to engage therein, and will make the fatigue thereof more burdensome. But we hope H.M. will be graciously pleased to grant us a speedy settlement in appointing and sending a Governor to take the conduct of this his Province, etc. Signed, Isa. Addington. Endorsed, Recd. 11, Read May 21. 1701. 2 pp. Enclosed,
184. i. Copy of the Heads and Propositions treated on by the Commissioners from the Massachusetts Bay and the Eastern Indians, Cascobay, June 3, 1701. Commissioners, Col. John Phillips, Col. Penn Townsend, Capt. Nathaniel Byfield and John Nelson. (1) Renewal of the Treaty of Amity concluded with Lord Bellomont at Albany in Oct., 1700. (2) The Commissioners bring presents and a settlement of Trade. The Indians reply, we pray that we may have goods sold to us at a cheap rate and that no rum may be sold the Indians. (3) The Commissioners propose that the peace be inviolably maintained, and that all who seek to disturb it should be reckoned enemies. If any wrong be done you by our people, upon your complaint due punishment shall be inflicted and satisfaction made, which we likewise expect you to do on your parts. The Indians agreed. (4) The Commissioners offered the Protection of King William. The Indians replied, In case any nation should make war upon us, we do not desire that our Uncle, King William (which title we esteem equal to Father) should loose any men on our account until we have tried what we can do for our own defence. (5) The Commissioners : We are likewise to note unto you our jealosies concerning the French by whom you have been so often seduced, that through their false reports you may not again be deceived, but rather call to remembrance those times when by a full confidence and love we were useful unto each other, which same trust you may see we are again endeavouring to restore, not only by a free Trade and supplying of you with powder, lead arms and all other things you may need at such prices as the French (who cheat you) cannot do, whereby you may be the better enabled to keep your promises so lately made unto Lord Bellomont, in cutting down trees in the path, so for ever stopping the way to Quebec, since we shall for your safety furnish whatever you want at your own doors and spare you the labour of going so far. The Indians replied; In case we should stop up our roads to Canada, many of our Brethren would be hindered from coming over to us; besides, many amongst us care not to be deprived of the liberty of going whither they please. Yet we think there will be little necessity of going to the French, since we may be so well supplied with what we want from the English. (6) The Indians promised to stand by what they now said. (7) The Commissioners said : Although a solemn peace had been lately concluded between H.M. and the French King, which was to have lasted for ever, yet thro' his perfidious and false dealings therein, our King will be forced to enter into a new war with him, unless satisfaction be made, for the prosecution of which he is making greater preparations than ever. We make this known to you, that you may not be surprised at it, nor receive any reports which the French may make of us on yr. regard, since we design nor intend anything that may break our Covenants with you, but that in whatever shall happen you may be assured of perfect peace and quiet from us, and unto all those Indians who shall not take any part or assist the French, in case the war should break out again with them. The Indians answered : We thank you for your notice of the war. We desire to keep ourselves free, and not to be under the command of any party, and we will endeavour what we can to bring the Indians that live upon the French ground under the same obligations with ourselves. And if any damage happen to be done upon the English by the Indians that may pretend to belong to any of our three Forts of Norridgawog, Ammassakuntick or Narrakamagog, we desire the English would not believe it, till they have sent to us for information; and we promise to make enquiry, and if they belong to us, we will endeavour to do you justice, for if we should not, we should all become equally guilty. (8) The Commissioners proposed : For your further assurance and advantage in abiding in yr. country, the Government has thought good to settle with you an Armourer, who shall repair your guns gratis, so that you may have no pretence of going to Canada or to the French in these parts for want of this or any supply whatsoever. The Indians replied : We are very thankful. Formerly when any of our guns were but a little broken, we looked upon them as lost. We promise to bring in no enemies' guns to be mended. Might the Penobscot Indians be included in the benefit of having their guns mended? On that condition they would endeavour to engage them as themselves in this Treaty. The Commissioners replied : that all Indians in friendship with us should have the same privilege. (9) The Commissioners proposed : that to the intent of perfecting our friendship, we invite your sending some of your children to live amongst us, whom we shall take care of, both for their maintenance and education; and return them at such times as you shall desire. If you are anyways inclinable to have your young men see England and King William, we shall send them, whereby you may be better informed of the circumstances of our Nation. The Indians desired time to consider.
June 4. They replied : We conclude not to send any of our children to England, because Moxus his son, when he was sent to France, died there; nor to Boston, because we formerly had two there, called John and Robin, which we believe have by this time learned to read and write English enough, and they never yet have been returned amongst us. (10) The Commissioners replied : Those two children were taken in war and disposed of by those to whom they did belong. One of them is dead and the other in London, where he is well provided for. We believe he has lost his language and will not incline to return, but if he be willing, we shall use our endeavours to procure him. The Indians replied : You ought to force him to come home, for we have a great mind to see him; we forced some of your captives to return home. The Commissioners replied : He is out of our Government and we can't force him, but we shall use our utmost endeavours to obtain him. The Indians desired that future meetings should be at Merry Meeting. The Commissioners replied : The Indians must then prepare a house for our accommodation. They replied : that they were willing, and desired timely notice of a meeting by a letter from the Fort at Cascobay. They desired to have a Trading House erected at Merry Meeting. (11) The Commissioners said : We cannot avoid taking notice of your affecting or wearing a French Flag or Colours, which, if you purpose to maintain any settled correspondence or friendship with our Nation, must for the future be forborne in this or any part of H.M. Dominions, and that you meet and treat with us under English banners, which at your desire we shall supply you with. The Indians answered : that they thought it necessary to have some flag or other, and having no other we put up a white one, but if you will furnish us with an English flag, we promise to wear it for the future as a signal between us. (12) The Commissioners said : We are in an especial manner directed to invite you unto an Union with us in the true Christian Religion, separated from those foolish superstitions and plain idolatries with which the Roman Catholics, and especially the Jesuits and Missionaries, have corrupted it, to which intent we are to offer you the assistance of Teachers, in which great undertaking we shall expect nothing more on your parts than your good treatment of those Ministers. The Indians answered : It much surprizeth us that you should propose anything of Religion to us, for we did not think anything of that nature would have been mentioned. Furthermore, nothing of that nature was mentioned when the Peace was concluded between all Nations. Furthermore, the English formerly neglected to instruct us in Religion, which if they had then offered it to us, we should have embraced it, and detested the Religion which we now profess, but now being instructed by the French, we have promised to be true to God in our Religion, and it is this we profess to stand by. (13) The Commissioners proposed, that for a perpetual remembrance of our good agreement, each party should raise a heap of stones. The Indians agreed : "We understand it better than signing of a writing." Two heaps of stones were accordingly raised in the place of Treaty; the English Commissioners each laid one Foundation Stone, and the men then present with them made up the heap in a square pyramid, and the Indian Sagamores and Indians likewise a roundish pyramid to West of the English, upon the point formerly called Andrews Point, now mutually agreed forever hereafter to be called the two Brothers' Point, from the two Pillars.
Upon information of some English captives yet remaining amongst them, a demand was made for their release. The Indians replied : we know not of any, but if we can possibly see that Child of ours, which is in England, it will be great encouragement, and we will endeavour to redeem any captives of yours that we can hear of either at Canada or elsewhere.
Concerning the Indians that treated with the Maquas in October last, the Indians say that those Indians went on their own heads. The Commissioners : Shall we then tell the Maquas that all that Treaty goes for nothing? After a considerable nonplus, they replied that those Indians were only sent to know the issue of the Earl of Bellomont's Treaty with the Maquase. Signed, John Phillips, Penn Townsend, Natha. Byfield, Jno. Nelson. Names of the Chief Sachems : Moxus, Dondomhegon, of Narridgawogg; Wasahombomet, Abomhomen, alias John Maherimett, of Amassakantick; Adeawanadon, Madagwunesseck, of Narrackamagog. Endorsed, Recd. May 11, 1702. Copy. 6 large pp.
184. ii. Copy of Minutes of Council of the Massachusetts Bay, Dec. 27 and 29. Eight of the Eastern Indians attending, confirmed the above articles, exchanged presents and made request for goods to be sent, for trade with the Penobscot Indians, and ammunition and stores for Norridgawog, etc. Endorsed as preceding. 3 pp.
184. iii. Memorandum of Minutes of Council of the Massachusetts Bay, Sept. 25, 1701—Feb. 11, 170½. ¼ p.
184. iv. Memorandum of Minutes of Council of the Massachusetts Bay, Oct. 15—Dec. 18, 1701. [C.O. 5, 862. Nos. 101, 101.i.–iv.; and (without enclosures) 5, 910. pp. 213–215.]
March 10.
Whitehall.
185. Journal of Council of Trade and Plantations. Letter from Col. Codrington, Dec. 30, read, and the Acts of the General Assembly of the Leeward Islands held at Nevis, Dec. last, laid before the Board. [C.O. 391, 14. pp. 351, 352; and 391, 96. No. 42.]
March 10.186. Minutes of Council of Barbados. Petition of Arthur Slingsby read, praying to be admitted to execute the office of Register in Chancery, which he avers he received in England. The matter ordered to be heard on March 17.
Act to provide a further strength of labour to clear the trenches and repair the breast-works and fortifications was read three times, passed and consented to.
50l. paid to Col. George Andrews to be laid out on the fortifications at Read's Bay.
Hon. George Lillington granted leave to go off the Island for some short time. The Hon. John Hooker was appointed Chief Baron of the Court of Exchequer in his room. [C.O. 31, 6. pp. 170–172.]
March 10.187. Minutes of Council of New York. The Messenger of the Council having been sent by the Governor for David Jamison to come before himself and Council, he went to Jamison's house, and Jamison's wife told him that he might find her husband at Mr. Michael Hawdon's house in this City. Mr. Hawdon told him he had not been there these two days, that he might enquire at Mr. Wenham's house, or any place else, for that he believed him to be out of Town. Mr. Wenham, laughing at him, told him he might enquire elsewhere.
Proclamation [given below] ordered to be prepared.
March 11.The Governor produced a letter from Lt. Charles Oliver in Suffolk County, whom he had sent to seize on and take care of a sloop lately run on shore there and the goods therein. Ordered that Henry Ludlow, John Wick and Dr. Nathaniel Wade do, with all the expedition possible after their notice hereof, appear before this Board. The Messenger was paid 3l., according to his agreement with Oliver. Ordered that the Receiver General pay to the said Messenger 39s. to be delivered by him to Justice Hobert, he having expended the said sum in seizing and taking care of the said goods before the arrival of Oliver.
The High Sherrif of the County of Westchester having returned the preceipt to him directed by virtue of an order of this Board, Feb. 17, viz. March 4, the jurors find that there is no damage to the King or his subjects in erecting the Manor, except the White Plains, which is in dispute and contest between Caleb Heathcote and the Town of Rye, and excepting James Mott and the rest of the Freeholders of Mamoroneck, which have deeds in the patent of Richbell, to the best of their knowledge and understanding. Ordered that the Solicitor General consider of the premisses, and report thereon.
March 12.He reported that he found nothing therein prejudicial to H.M. or any of his subjects. Ordered that he prepare a Draught of Letters Patent confirming to Caleb Heathcote and his heirs a tract of land purchased of Ann Richbell, bounded as now called by the Christians, southerly by the Sound to Low Water Mark, Easterly by the Easternmost side of Mamoroneck Harbour, thence to the mouth of Mamoroneck River, and from thence with the said River to the head thereof, and thence on a north line until 20 miles from the New York or Country Road is completed, Westerly by the westernmost side of Otter Bay, adjoining on Great Neck, thence to Gutt Creek, which parts Great Neck and East Neck, thence on the westward side of the said Creek to Pepin's Brook, and from thence on a northerly line until 20 English miles from the New York or Country road is completed have the same breadth through the whole manor to the extent thereof as he hath at the New York road; excepting thereout all the lands and meadows alienated by virtue of any deeds from Mrs. Ann Richbell to James Mott, William Penure, John Disbrow, John Nelson, John Williams, Alice Beatfield, Elizar Gidney, Frederick Platts, or any other in the bounds aforesaid, they paying such quit-rents and acknowledgments for the use of the Manor as they are obliged to do by their deeds, and provided the said Letters Patents do not give Heathcote any further title than what he already hath to the land called the White Plains, for which there now is a dispute between him and some of the inhabitants of Rye, the said land to be erected into a Manor by the name of the Manor of Scarsdall at the quit-rent of 5l. New York money, and that the Clerk of the Council prepare a warrant accordingly.
Rip van Dam appearing before this Board, and, according to the tenor of the Proclamation, March 10, acknowledging he was in error, and submitting himself thereon, he was assured that no prosecution shall be made against him for that matter.
Petition of Capt. William Caldwall, Abraham Gouverneur, John Depeyster, David Provoost, Isaac Gouverneur, Robert Sanders and Henry Beekman read, praying a license to purchase lands from the native Indians in Duchess County. Ordered that a license issue to purchase the same together with all vacant lands adjoining intirely thereto provided the said purchase be made and returned in Council within 12 months, and be made before one of H.M. Justices of the said County or of Ulster, and on the return thereof, if the said purchase appear to be too large, the same to be subjected to the discretion of the Governor and Council.
Petition of Samuel Staats, Dyrch Vandenburgh and Barne Cosens read, praying a licence to purchase from the Indians about 1,000 acres of vacant land in Westchester County, at the head of the lines of Eastchester and Westchester, and granted, provided the same be made and returned to the Council within 12 months, and be made before one of H.M. Justices of the Peace for the said County.
Petition of John Hardenbergh read, praying a licence to purchase from the Indian Proprietors about 250 acres of vacant land in Ulster County called by the Indians Sakeweneckock and Pogkaenecocke, lying to the North west of the Town of Kingston upon Sawkill Creek, and granted, provided the purchase be made and returned in Council within 12 months, and be made before one of H.M. Justices of the Peace for the said County.
Petition of Albert Rosa read, praying licence to purchase about 300 acres of vacant land from the Indians in Ulster County, called Anquagekank, lying to the north-west of the Town of Kingston upon Sawkill Creek, westerly above William Legg's sawmill near the high mountains, and granted with the same proviso as preceding.
Petition of John Middagh read, praying a licence to purchase about 300 acres of vacant land from the Indians, called by them Wenackenick, lying over against Shawengonck Kill on both sides of the Wates Kill in the County of Ulster, and granted, with the same proviso as preceding.
Petition of Mark Desachoy read, praying a confirmation of his land on Staten Island on Richmond County with the addition of these words, be the same more or less within the limits and bounds aforesaid, there being some small matter of land more than expressed in his former patent, and granted, the quit-rent which was 8s. to be made 10s., and the Attorney General pretending to be indisposed, ordered that the Clerk of the Council prepare a warrant to the Solicitor General to prepare a draft of Letters Patent accordingly.
Ordered that the Mate of the sloop lately stranded in the County of Suffolk do appear before this Board with all the expedition possible after his knowledge of this Order. [C.O. 5, 1184. pp. 627–632.]
March 10.188. Copy of Proclamation by Lt. Gov. Nanfan. Since the Proclamation of Jan. 25 (24), several doubts and scruples have risen and been improved by wicked and malitious men, as if any person, tho' wholly drawn in and seduced, and no ways instrumental in drawing in the soldiery, might be prosecuted and undergo very severe pains and penalties by means thereof. By the advice of H.M. Council declares that it is not the intent of this Government to prosecute any persons who have either signed or deluded others to sign those false and scandalous libells, or justified the signing thereof, except only Col. Nicholas Bayard, and Alderman John Hutchins, so far as the loss of either life or limb, or any other person whatsoever, except only Philip French, Thomas Wenham and Rip van Dam for misdemeanors. And whereas I am credibly informed that Rip van Dam hath been by the other persons aforementioned wrought upon and seduced to sign the said Libells and afterwards to justify the same, I hereby declare that if he shall within seven days appear before myself and H.M. Council, and acknowledge his offence and submit himself thereon, that no prosecution shall be made against him. Requires all Justices of the Peace and other officers civil and military to assure the inhabitants of their districts, that while they behave themselves well and truly towards H.M. and his Government here established, they may depend upon full security, protection and encouragement. Fort William Henry, March 10, 1701 (1702). Signed, John Nanfan. By order of Council. Endorsed, Recd. from Mr. Adderley and Mr. Lodwick. Recd. Read May 12, 1702. 3 pp. [C.O. 5, 1,047. No. 38.]