America and West Indies: April 1699, 1-4

Pages 124-130

Calendar of State Papers Colonial, America and West Indies: Volume 17, 1699 and Addenda 1621-1698. Originally published by His Majesty's Stationery Office, London, 1908.

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April 1699

April 1. 228. Minutes of Council of Massachusetts. Proclamation ordered for apprehending Joseph Bradish and his accomplices. According to the evidence of some persons recently arrested on a suspicion of piracy, Bradish was boatswain's mate of the Adventure of London, Thomas Gullock, commander, bound to Borneo, and ran away with the ship when the captain, &c. were ashore on the Island of Polonis. They lately arrived at Block Island, Rhode Island, where, having taken out the money and most valuable part of the cargo, they sank the ship. [Board of Trade. New England, 49. p. 197.]
April 3. 229. Proprietors of East New Jersey to Council of Trade and Plantations. The Proprietors offer the following reasons, in obedience to your Lordships' commands, for their suggestion that the allowing a port in East Jersey upon the conditions proposed by them would be no detriment, but rather an advantage to New York. (1) The people of both provinces being under equal taxes of importation and exportation, the inhabitants of New York will not be tempted to remove to East Jersey. (2) Most if not all the improveable lands of New York are taken up and settled, whereby that province is now as well peopled as it is like to be for many years, and will therefore return under the same difficulties both for men and money in time of any future wars as they were in the last, and England will still be under a necessity of supplying them with men and money on such occasions. (3) But if East Jersey have a port, that country, which has a great deal of fertile land lying vacant, will soon be peopled from the remoter barren colonies and capable of furnishing men and money in case of any invasion from the French or Indians, the only reason which has yet cramped that country from increasing in people being the incapacity of importing what they want and exporting the product of their labours. (4) The moiety of the Customs arising at New Jersey being paid and applied to the support of the frontiers of New York, that province will be eased of such part of their present charge, or at least England will be discharged from that expense of men and money which it is now forced to be at for that purpose. If it is objected that, if the inhabitants of East Jersey supply themselves by their own importation, the Customs of New York will proportionably decrease, the Proprietors offer to put themselves under the same Customs and pay into the Treasury of New York yearly for the support of the frontiers as much as the Custom of goods consumed in East Jersey has amounted to in any year since the disjoining of that province from New York, if this offer is preferred to that of a moiety of the Customs arising at East Jersey. The Proprietors are much surprised at the objection your Lordships make to their right of Government, which they enjoyed during the reign of Charles II. not only by an uninterrupted allowance of it, but by a particular declaration recognising their authority and commanding the inhabitants to obey them, and by the late King James and since by His present Majesty. Their title to it is this. King Charles II. by letters patent granted the powers of Government of East Jersey to the Duke of York, who in 1682 granted them to the Proprietors, as appears by the grant now produced, which King Charles backed with the declaration above-mentioned. The Proprietors enjoyed it accordingly, and though in the Commission granted to Col. Fletcher, late Governor of New York, the Jerseys were at first inserted, yet upon the petition of Dr. Cox, then chief Proprietor of West Jersey, and a hearing at the Council Board, after a long debate by Counsel, wherein the assignableness of Government was particularly discussed, it was ordered that the Jerseys should be struck out. Signed, Wm. Dockwra, Sec. and Regr. Endorsed, Recd. Ap. 12, Read Ap. 13, 1699. 3 pp. Annexed,
229. I. Copy of grant from H.R.H. James, Duke of York, of East New Jersey, to 24 Proprietors, Mar. 14, 1682, at 10 nobles per annum. 12 pp. [Board of Trade. Proprieties, 3. Nos. 4 and 5; and 25. pp. 385–398.]
April 3.
230. Mr. Secretary Vernon to Council of Trade and Plantations. I enclose a letter from the Governor of Barbadoes. His Majesty would have you report on his demand of a ship or two more to attend that Island. I enclose also a copy of the opinion of the Lords of the Admiralty as to the alterations proposed to your Lordships in the rules for granting Admiralty passes. Signed, Ja. Vernon. Annexed,
April 1. 230. I. Report of the Admiralty upon the Representation of the Council of Trade and Plantations concerning proposed alterations in the rules for granting passes for protecting vessels from the Turks. The granting of such passes should not be restrained only to H.M. natural-born subjects or such as are naturalized in England, but extended to denizens. We do not agree to the proposal for omitting the rule for granting passes to ships in foreign parts, but would only omit that part which requires the Proprietors to make oath that their ships had not been in England since Michaelmas preceding the time of making the rule. We agree with the proposed granting of passes to Scotch ships in Ireland from the Admiralty of Scotland. As to the rule which directs that no pass be granted to any ship that is not in some port in Ireland at the time of granting such pass, and that the propriety of such ships belongs to the inhabitants of Ireland, which the Council of Trade propose should extend to proprietors inhabiting H.M. dominions in general, we are humbly of opinion that this rule ought to stand as it doth, believing the first ground thereof was to restrain the inhabitants of Ireland from building ships for England, that so the intention of the Acts for the Encouragement of English Navigation might the more effectually be complied with. The granting of passes in Ireland should be extended to denizens. When appealing for passes one of the owners should give bond with the master. Signed, Orford, R. Rich, G. Rooke, J. Houblon, Kendall, G. Wharton. [Board of Trade. Trade Papers, 14. pp. 241–245.]
April 3.
Fort William
231. Minutes of Council of New York. William Demeyer, being disaffected to the Government and owing five or six years' excise for the whole of Ulster County, His Excellency removed him, and appointed Humphry Davenport, County Clerk of Ulster and Town Clerk of Kingston, in his stead. Demeyer refused to yield up the Records, pretending a power given by Governor Dongan to the Trustees of the Town to nominate the Town Clerk, which not being judged to exist, the major part of the Trustees submitted and ordered him to deliver up the Records. The Council referred the matter to the consideration of the Assembly.
Memorial of the inhabitants of the outward of the city read and referred to the Assembly.
Payment of 40s. ordered to John Kingsberry.
April 4. Judgment in the case of Tyrens and Cruger v. Depeyster confirmed. Appeal allowed.
April 5. Proclamation for reviving the Courts of Judicature ordered to be engrossed, sealed and lodged in the Secretary's Office, and likewise all future Proclamations. John Marsh's Petition read and referred to the Assembly.
April 6. Six pounds paid to Paulus Turk, who was wounded by several soldiers on 5th November.
The Lieutenant's lodgings ordered to be provided with necessaries.
£31 paid to Peter Dereymer for making and mending glass windows in the Fort.
April 7. Petition of Jan Baptist referred to a Committee.
April 7. Petition of the inhabitants of Hampstead and Oyster Bay referred for further consideration.
Petitions of Elizabeth Edmonds and Anne Bowen read and referred to a Committee. [Board of Trade. New York, 72. pp. 213–218.]
April 3. 232. Minutes of Council of New York in Assembly. Petition of Richard Floyd read; he was allowed bail, and Col. William Smith's evidence ordered to be delivered to the Attorney General in order to his prosecution of Floyd.
April 4. Floyd discharged from the custody of the Sergeant-at-Arms, paying his fees. Ordered that Col. William Smith deliver the oil and bone of the whale that came on shore on the manor of St. George's to Capt. Samuel Mulford, if the latter can show that it was killed by persons employed by him.
April 5. A paper relating to the Five Nations of Indians, brought by Jan Baptist van Epe from Onnondage, referred to the Representatives.
April 6. A Committee of both Houses appointed to consider it. Messengers dispatched to the Indians with instructions.
April 7.
April 8.
The Representatives sent up a Bill for indemnifying persons excepted out of the General Pardon, 1691. Read the first and second time and returned down with some literal amendments. [Board of Trade. New York, 72. pp. 757–763.]
April 3. 233. Journal of Council of Trade and Plantations. Letter to the Treasury signed and sent.
Letter from Mr. Allen, New Hampshire, Jan. 14, read. Minutes of Council of that Province since his arrival laid before the Board.
Order of Council, March 9, about Jamaica and H.M. ships of war read.
Order of Council, March 30, read. Mr. Eyles ordered to be informed that the Act in question is in Mr. Attorney General's hands.
Mr. Lucas, being told that Col. Codrington had referred himself to the Board, promised to do the same and submit entirely to what their Lordships should think fit.
Draft of Col. Codrington's Commission considered.
April 4. The consideration of Col. Codrington's Commission continued. The question whether the words "as also upon soldiers in pay" be legal referred to Mr. Attorney and Solicitor General. [Board of Trade. Journal, 11. pp. 432–435; and 96. Nos. 56, 57.]
April 4. 234. Attorney and Solicitor General to Council of Trade and Plantations. In answer to your enquiry of Aug. 4 last (q.v.), we are of opinion that in personal actions where the matter in question exceeds the value of £300, an appeal of right ought to be allowed by the express words of the charter, and upon any action or information upon seizure of ship or goods for trading contrary to the law, where the value is either above or under £300, an appeal does lie from the judgment of the Court of Judicature there in case His Majesty in Council shall think fit to allow thereof. An allowance of such appeal, we conceive, will be no infringement or violation of the charter. Signed, Tho. Trevor, Jon. Hawles. Endorsed, Recd. Read June 28, 1699. Enclosed,
(1) Letter of William Popple to the Attorney General, Aug. 4, 1698.
(2) Extract of the charter to Massachusetts Bay sent therewith.
(3) Address of the Council of Massachusetts, July 16, 1691 (Cal. 1691. No. 677 I.).
(4) Copy of Order of Council, May 27, 1697, mentioned in above address. [Board of Trade. New England, 9. Nos. 58, 58 I.–III.; and, without first three enclosures, 37. pp. 146–152.]
April 4.
St. George's,
235. Governor Day to Council of Trade and Plantations. By the opportunity of Capt. St. George Tucker, who left here for London Oct. 15, I gave an account of my arrival, Aug. 16, and of the condition in which I found these islands and what methods I was using to redress all grievances and settle the Government in unity, peace and concord by calling a Council and General Assembly and appointing an Attorney-General and other proper officers with what expedition my then short residence would admit of. In pursuance of my instructions in relation to my predecessors, Col. Isaac Richier and Col. Goddard, I have had some examination into their differences and about the imprisonment of Mr. Richier, and found he lay in prison at the suit of Nicholas Trott, Esq., late Governor of the Bahamas, only, and thereupon he, giving in security of £2,000 to answer the prosecution of the said Governor Trott in England, by the advice of the Council he was set at liberty, and so continued ever since. By Capt. Benjamin Stow of these islands I received ten barrels of gunpowder, three flags with halyards and two rhemes of cartridge paper, which I have ordered to be put in the magazine. H.M. Frigate Sunprize (sic; Surprise elsewhere), Capt. Edward Briscoe commander, in the room of Capt. Watts, deceased, arrived on Jan. 24th, with an order to follow my orders in bringing over the late Governor and some others, which accordingly he hath done. I acquainted Col. Goddard and Col. Richier, who have had continual differences together, and advised them to be expeditious with their affairs, in order to embark for England. The ship arrived in bad weather, which here continued more severe than usual at this time of year. We have given her our utmost assistance and some provisions for her voyage. I have taken a particular care for the apprehending and subduing pirates and sea-rovers, and have actually seized and committed to prison two notorious pirates of Avery's crew, by name Daniel Smith and Benjamin Griffen, and herewith sent the copies of two affidavits given in against them. But the said Benjamin Griffen by the villainy of his keeper, William Brice, together with him, did on Feb. 25 make an escape, and they with others, viz. Henry Pulleyne, son of Thomas Pulleyne, Esq., studmaster to his Majesty, James Hilton of this island, Boaz Bell, jun., Thomas Stow, jun., William Evans, Samuel Apowen, James Burchall, James Branton, John Janson, servant to the said Henry Pulleyne, and Samuel Jones, an apprentice, have run away with a sloop of these islands and have taken seven Granado shells filled, and a barrel and an half of shot out of His Majesty's magazine, so that it may be reasonably judged they are gone upon some villainous enterprise. However, I have sent letters to all the neighbouring Governments for their being retaken and dealt with according to law, but the said Daniel Smith is still in custody, and I shall securely keep him until I shall receive further directions. I received two letters of Sept. 20 and Nov. 23, wherein you make mention of some French prisoners being detained in his Majesty's Plantations, and of one Captain Kidd and his gang being abroad in some of our parts in America. In all obedience whereunto I have made a strict and narrow enquiry throughout these islands, but cannot hear that ever any of the Frenchmen have been here or now are, nor that the said Kidd or any of his gang are in these parts. Signed, Sam. Day. Endorsed, Ap. 4, June 7, 1699. Enclosed,
235. I. Duplicate of above.
235. II. Deposition of Daniel Johnson, junr., Mariner Master of the Sloop St. Georges now riding at anchor in these islands. About Sept. 15, being at Curacao in the said sloop, he met with Daniel Smith now in custody, who said that he came off from Bermuda in the sloop whereof Mr. Samuel Spofforth, Jeremiah Burges and others were owners, in which came also Thomas Peniston and Daniel Newton. He added that being lately in the East Indies he met with a vessel called the Fansye, whereof one Capt. Every was master, and that Benjamin Griffen, now also in custody, was then in company with him, Daniel Smith, and their vessel proving leaky they went on board the Fansye and meeting with a vessel at sea they took her and were informed by her of another larger vessel of great value; which they also engaged and took and had for each man's share twelve hundred pounds in silver and gold, and that William Griffen, brother to the said Benjamin, was also in company with them, who was lately in these islands, and that the first land they came to was Eleutheria and then to Providence, and further sayeth not. Signed, Daniel Johnson. Sworn Jan. 12, 1698, before His Excellency Samuel Day, Esq., Governor. A true copy, certified by Charles Minors, Secretary.
235. III. Duplicate of above.
235. IV. Deposition of Sarah Birch of Sandysats, Somerset Tribe, Dec. 30, 1698. About five years since her husband, John Birch, with William Griffin and Daniel Smith sailed from hence to Saltitudoes and thence to Carolina. Griffin and Smith acquainted her that they, with her husband, sailed from Carolina to Madagascar, and they two betook themselves to another vessel which they went a-roving in, and that John Birch sailed in the vessel he arrived in and likewise went a-roving, and after nine or ten months or thereabouts both the aforesaid vessels met at Madagascar; and they told her the booty of the vessel her husband was in was divided and that it amounted to £800 a share, of which her husband had one share. Griffin and Smith owned that their company robbed all the ship's company that Birch was in, and said that Sarah Birch should not want for five pounds, and afterwards told her that if she would come to either of them she should have ten or a dozen pounds. Witnessed by Tho. Shepperd, R. Halsted. Signed, Sarah Birch, her mark. Copy.
235. V. Duplicate of above. [America and West Indies. Bermuda, 477. Nos. 56, 56 I.–V.]
April 4.
236. William Popple to Sir Thomas Trevor and Sir John Hawles. The Council of Trade and Plantations, having under consideration the draft of a Commission for Col. Codrington to be Captain-General and Commander-in-Chief of the Leeward Islands, desire your opinion as to whether the words "as also upon soldiers in pay" be legal and fit to be continued in the Commissions to Governors at this time. The words occur in the clause relating to Martial Law, which has been in all Commissions to Governors of His Majesty's Plantations these many years; "We do hereby grant unto you full power and authority to levy, arm, muster, command and employ all persons whatsoever residing within the said Islands and Plantations and, as occasion shall serve them, to transfer from one Island to another, for the resisting and withstanding of all enemies, pirates and rebels both at land and sea, and to transport such forces to any of our Plantations in America, if necessity shall require, for defence of the same against the invasion or attempts of any of our enemies; and such enemies, pirates and rebels, if there shall be occasion, to pursue and prosecute in or out of the limits of the said Islands and Plantations, or any of them; and if it shall so please God them to vanquish, apprehend, and take, and being taken either according to the Law of Arms to put to death or keep and preserve alive at your discretion; and to execute martial law in time of invasion, insurrection or war, as also upon soldiers in pay, and to do and execute all and every other thing and things which to a Captain General doth or ought of right to belong, as fully and amply as any our Captain General doth or hath usually done." [Board of Trade. Leeward Islands, 45. pp. 351, 352.]