America and West Indies: June 1699, 21-30

Pages 291-308

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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June 1699

June 21. 534. Copy of Robert Clowes' Patent (Sept. 16, 24th of Charles II.) for the place of Clerk of the Supreme Court in Jamaica. Brought to the Board by Sir Robert Cotton. Endorsed, Recd. June 21, 1699. 9 pp. [Board of Trade. Jamaica, 8. No. 121.]
June 21.
535. R. Yard to Council of Trade and Plantations. The Lords Justices command me to refer enclosed petition to you. Signed, R. Yard. Endorsed, Recd. Read June 22, 1699. Enclosed,
535. I. Petition of Sir Stephen Evance, Jeffrey Jeffreys, John Stafford and William Richardson, merchants of London trading to America. The agent of the Royal Guinny Company of Portugal, undertakers of the Spanish Assiento for importing negroes into the Spanish West Indies, is contracting with petitioners and others to carry them to Cartagena etc. We pray your Excellencies to give effectual orders to the Governors of Barbados and Jamaica or the Admiral or the C.-in-C. there to give all assistance to the ships engaged in this trade. Copy, 1 p. [Board of Trade. Jamaica, 8. Nos. 122, 122 I.; and 56. pp. 333–335.]
June 21. 536. Minutes of Council of New York. Mr. Dellius' foul practice with the Indian witnesses that deposed about the Maquas' land being reported, he and the Indians were summoned to appear before the Board.
Charge of building the Custom-house barge sent for.
Memorial of Paroculus Parmyter read. Petition of Mary Drew referred to the Mayor of New York.
June 22. Payment ordered to two French ministers out of the King's share of a seizure. Petition of Sarah van Feurden granted. [Board of Trade. New York, 72. pp. 250–253.]
June 21. 537. Minutes of Council of Nevis. Major Wm. Butler was sworn a member. Capt. Billingsley ordered to give an account of the state of the Queenbrough, with a view to his being supplied with men.
June 22. Court of Exchequer appointed to be held, and John Cole to act as King's Attorney. [Board of Trade. Leeward Islands, 64. pp. 500, 501.]
June 21. 538. Minutes of Council of Massachusetts Bay. Gratuity granted to ten Indians who resisted the French at Cape Cod in 1697. Proclamation requiring the strict observance of the Lord's Day ordered.
June 22. Full Board ordered for nominating Justices, June 30. [Board of Trade. New England, 49. pp. 216, 217.]
June 21. 539. Minutes of Council of Virginia. Letters from Col. Blakiston and Col. Quary announcing the movements of pirates read. Letter from Potowmeck about a murder by the Indians read. Petition of William Drummond for his salary as Messenger referred to the Auditor. The County Courts ordered to give an account of the Schoolmasters and of the meetings of other religions than the Church of England in their counties. Proclamation for the apprehension of Squire Tom approved. Proclamation for all persons to bring in their claims to take up land by rights approved. The Auditor ordered to sell rights to take up 50 acres of land for 5 shillings for His Majesty's use. Proclamation announcing the sittings of the Commissioners for the Pamunkey and Blackwater Lands ordered. William Fisher, the May Flower, plantation built, laden with logwood from the Bay of Campeachy to London, granted leave to purchase provisions, if proved a fair and legal trader. [Board of Trade. Virginia, 53. pp. 287–292.]
June 21. 540. Journal of Council of Trade and Plantations. Mr. Twyford ordered to bring Col. Collingwood's Commission.
Sir Robert Cotton produced a draft of a writing in which Mr. Robert Clowes' patent is recited.
Ordered that the Secretary write to Sir Henry Ashhurst to press him to lay the report of the Attorney General upon the New England address about appeals before the Board.
June 22. Petition of Sir Stephen Evance read and Agents of Jamaica summoned.
Mr. Twyford presented Col. Collingwood's Commission, which was read and ordered to be copied. Ordered that a letter announcing it to the President and Council of Nevis be prepared.
Letter from Mr. Solicitor General about the Laws of Jamaica read and copy sent to the Jamaica Agents.
Draft of a letter to Governor Grey read and ordered to be transcribed fair.
Papers relating to the complaints against Mr. Trott considered. Direction for a report given.
June 23. Proprietors of West New Jersey attended and acknowledged that their title to government in that Province was no other than what they have for the government of East New Jersey, being both included in the same grant, but urged that the trade of that Province does not interfere, as East New Jersey is supposed to do, with H.M. Province of New York, and therefore desired that their right of Government might not be questioned. Mr. Andrew Hamilton more particularly desired that whilst the question about East New Jersey remained undecided some care may, however, be taken that West New Jersey remain not wholly without Government. They declared that they would with all convenient speed get the rest of the Proprietors together and prepare proposals.
Letter to the President and Council of Nevis signed and ordered to be sent to Mr. Twyford together with Col. Collingwood's commission.
Letter from Mr. Sansom about Mr. Sharp read and directions given for a representation accordingly, and that the name of Mr. James Thynn be inserted in Col. Codrington's instructions as a Councillor for Antegoa and Mountserrat and the name of Mr. William Mead as a Councillor for the Islands of Nevis and St. Christopher's. [Board of Trade. Journal, 12. pp. 83–93; and 96. Nos. 95, 96, 97.]
June 22.
541. Mr. Addington to Mr. Popple. I enclose duplicates of Acts sent May 6. The General Assembly is now sitting and have so been for almost a month. So soon as they rise I shall transmit a transcript of their Journal, the Acts passed and the Minutes of Council. Signed, Isa. Addington. Endorsed, Recd. Aug. 31, 1699. 1¾ pp. [Board of Trade. New England, 9. No. 60.]
June 22. 542. Minutes of Council of Virginia. The Province of Dublin, seized in Rappahanock River for importing Irish goods contrary to the Act of Trade, ordered to be tried in the Court of Admiralty, Middlesex County Court House. Petition of Richard Gissedy and James Minge, that land granted to them in Pamunkey Neck had been chosen by the Trustees for the use of the College of William and Mary, referred to the Commissioners of Claims. Papers relating to a new trade with the Indians ordered to be laid before the Committee for revising the laws. Peter Hayman, Collector of the Lower District of James River, complaining that he could not get the books and papers belonging to his office from his predecessors, their securities were ordered to be prosecuted. Petition of Henry Duke and James Bray for the apprehension of an outlying negro belonging to Thomas Middleton, and of Anne Grey, convicted of murder and reprieved, praying to be allowed to go to her brother in Accomack, referred to Attorney General. Ordered, that the Auditor obtain proper returns of all waifs, strays, deodands, and direct the Coroners to take the best care of them; allowance to be made for expenses incurred. All vessels sailing within six weeks ordered to clear with the Collectors and Naval Officers with whom they entered. Collectors and Naval Officers lately discharged ordered to bring their books, etc. to the next General Court. Miles Cary, Surveyor General, presented a list of Surveyors in the Counties:—
Henrico County, Richard Ligon Charles City Theodorick Bland.
Isle of Wight
Thomas Swann. Elizabeth City
William Lowry.
Miles Cary. Nansemund
Princess Ann
Thomas Milner.
James City
King & Queen
John Soan.
New Kent
James Minge.
Edwin Thacker.
Thomas Grigge.
William Moseley.
Northumberland George Cooper. Lancaster Alexander
George Hale,
Mr. Auditor ordered to propose to the Committee for revising the Laws a method for procuring an exact Rent Roll. Warrants signed for salaries to the Governor at the rate of £2,000 a year, to the Council at the rate of £350 a year, to William Blathwait, Auditor and Surveyor General, at the rate of £100 a year, Benjamin Harrison, Clerk of the Council, at the rate of £50 a year, Bartholomew Fowler, Attorney General, at the rate of £40 a year, to the Solicitor of the Virginia affairs, at the rate of £100 a year, Edward Ross, gunner, £15 a year, John Childs, messenger, £25 a year, Mr. Commissary Blair, £100 a year. John Chiles, messenger, was discharged. Edward Ross to be paid in future £10 a year, and a gunner at Tindall's Point to be appointed at £5 a year.
The auditor presented an account of the revenue, showing £2,061 19s. 3d. sterling due to His Majesty on quit rents, and on the 2s. per hogshead and port duties £974 13s. 3¾ d., out of which are to be paid all the established charges of the Government for next half year, and no more money coming in till next crop. Mr. Attorney General reported as to the method of proceeding in relation to escheated lands. Ordered accordingly. The old seals of the Colony, given by King James II. and King Charles were formally defaced and broken. William Wilson was admitted to be a tenant upon some public land upon Point Comfort Island. The Committee for Revising the Laws ordered to consider the most convenient and best method of settling ferries and posts. Mr. Attorney General paid £5 out of the produce of the Integrity as fee for prosecuting. He reported concerning probates, letters of administration and marriage licences, that the first two must be signed by the Governor, and the last may be signed by deputy. Ordered accordingly. Lewis Burwell, executor of Nathaniel Baron, late Auditor General, represented the payment of all public debts, and was granted a discharge. John Gourdon, clerk, an accomplice of Samuel Gray, said to be persisting in the publication of the libel. Attorney General ordered to prosecute, if this is so. Mr. Auditor Byrd ordered to send to England for 12 reams of ruled paper and to repay the Government of Maryland the four reams lately borrowed of them. [Board of Trade. Virginia, 53. pp. 292–314.]
June 22.
543. John Sansom to William Popple. I have received and communicated to the Commissioners of Customs your letter of the 20th inst., wherein the Lords Commissioners for Trade and Plantations desire to be informed what the Commissioners think proper to be done for the encouragement of Mr. Sharp, Commissioner and Collector of Customs, in the discharge of his duty for the future. Mr. Sharp in his letter, after relating the difficulty and discouragements of the officers of Customs, adds "His Excellency Col. Grey, the Governor, thereupon publicly declared, that he would strictly maintain all the Acts of Trade and Navigation in force, and would not suffer any of his Majesty's Customhouse officers in the due execution of them to be trampled upon or abused for the future. And further that his Excellency was pleased likewise to send for the Provost Marshal and check him severely, ordering that the officers should immediately be set at liberty." The Commissioners therefore think that it would be for his Majesty's service that a letter were written to the Governor from the Council of Trade and Plantations, taking notice of his good service in supporting the officers of the Customs and encouraging them in the discharge of their duty, and withal to desire that he will continue to exert his authority in putting the Acts of Trade and Navigation in execution. And that letters be likewise wrote to the Governors of the other Plantations, more especially to those of the Colonies in Propriety, for encouraging the officers of the Customs and causing a due observance of the said laws within their respective Governments.
As to the other part of your letter relating to the officers in the Leeward Islands and their authority there, the Commissioners' residence, namely, Mr. James Thynne and Mr. William Mead, being at Nevis, which is a place of less consequence to the Trade and Navigation and Revenue of Customs than the island of Antego, the Commissioners did by their letter of the 26th Nov., 1697, order the said Thynne to repair to the said island of Antego and there personally to reside till further order, taking care that the instructions to himself and the other officers should be there duly observed in their respective capacities. And it was further ordered that he should frequently visit and inspect the island of Montserrat, as next situated thereto, and that the aforesaid Mr. Mead should do the like at St. Christopher's, and that both should frequently correspond with the Commissioners and advise of their proceedings. On May 8, 1699, they were instructed mutually to carry on the service of all the islands and jointly sign the accompts as before, nothing being thereby intended that one should be less answerable than another, but that by their frequent correspondence and communication they should impart their proceedings to each other and both vouch the books and accompts before they dispatched them to England. Signed, John Sansom. Endorsed, Recd. Read June 23, 1699. 3 pp. [Board of Trade. Barbados, 8. No. 7.]
June 22.
544. The Lords Justices in Council, having considered the report of the Council of Trade upon the petition of Robert Chaplain, of London, merchant, appellant from a sentence passed at Barbados in favour of Captain Alexander Cunningham for £1,200 odd, although the said Cunningham is indebted to the appellant several thousand pounds for arrears of rent, praying, in regard execution hath been granted to the said Cunningham, he may be obliged to give in security to answer the said appeal, or that the said money may remain in the Court at Barbados till the matter be determined by his Majesty in Council, Order that the Council of Trade do write to the Governor and Council of Barbados that if they find such security as is desired by the petitioner may be legally required, that they accordingly take the same, to the end that the appellant may not be defeated of his right. Signed, John Nicholas. Endorsed, Recd. Read June 26, 1699. 1 p. [Board of Trade. Barbados, 8. No. 8; and 44A. p. 305.]
June 23.
545. William Popple to Mr. Twyford. I enclose Col. Codrington's Commission and a letter from the Council of Trade and Plantations to the President and Council of Nevis. Signed, W.P. Enclosed,
545. I. Council of Trade and Plantations to the Hon. William Burt and the rest of H.M. Council of Nevis. His Majesty before his departure for Holland appointed Col. Francis Collingwood to be Lieutenant General of the Leeward Islands. Signed, Stamford, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Leeward Islands, 45. pp. 369, 370.]
June 23.
546. Capt. Norris to the Secretary of the Council of Trade at their office at the Cock Pit in Whitehall. I enclose the obligations I took from the masters of unfree bottoms at Newfoundland. If their lordships please to have the original receipts about the delivery of the £1,000, I shall send them, the copies and account of which I formerly sent them from abroad. I request you will move them to consider me to some allowance for acting in their service and with H.M. Commission as Governor, as they promised at my going. Signed, Jno. Norris. Endorsed, Recd. Read June 27, 1699. Annexed,
546. I. List of bonds taken from the masters of unfree bottoms at Newfoundland (15 of £500 each between Aug. 13th and 29th, 1698). ½ p. [Board of Trade. Newfoundland, 3. Nos. 148, 148 I.; and 25. pp. 314–316.]
June 23.
547. Governor Sir William Beeston to Mr. Secretary Vernon. Mr. Meeres, who waits on your Honour with this, was concerned with some others of this island in a vessel they sent to the Maderas for wines, and in her sent a considerable sum of money to produce them. This vessel, happening to fall too near Bermudas, struck in the night on a rock, but it seems received little damage, but they went in to search their vessel. The Governor seized her, and will not let her go till they have paid him ⅓ of the whole value. I can do nothing, he being under no authority of mine, but have written to tell him I thought him in error, and to desire him to let the vessel proceed. The gentlemen concerned desire me to lay the case before you in hopes they may have redress from H.M. Council. Mr. Webb, the Governor of Providence, did something like this, about which I writ him; a short time after he deserted his government. I expect this Governor ere long will do the like, for there are many complaints from the people of the island of the hardships he puts upon them. Those small Governors over a few barefooted people, that get into those places to avoid their debts, take on them the titles of Excellency and Capt. General, which to support they squeeze and prejudice H.M. subjects and authority. Whether they have authority for those characters I know not, but sure I am it's a great diminution to those honble. titles. Signed, Wm. Beeston. Endorsed, Recd. Read Oct. 12, 1699. 1 p. Holograph. Enclosed,
547. I. Isaac Adderley, Master of the Dolphin, to Col. Charles Sadler, John Sadler and Jacob Meares, owners. Bermuda, May 15. Account of his treatment by Governor Day. 2¾ pp. Copy.
547. II. Edward Randolph to the owners of the Dolphin, Bermuda, May 17. Set forth the state of affairs to his Majesty by some friend in England. This Governor pretends he has great friends at Court, but Mr. John Povey, known to Sir Wm. Beeston, upon his letter will assist you faithfully. Let a short and true narrative be printed and copies given to the Jamaica merchants. It will alarm them at Court and procure you satisfaction. 2 pp. Copy.
547. III. Isaac Adderly to Col. Charles Sadler. Bermudas, June 9. The Governor would not let me sail, May 10, without paying the 15 per cent. he demanded, so here I have remained since. He has seized my sails and stowed them in a cellar. Copy. 1¾ pp. [Board of Trade. Bermuda, 3 Nos. 43 43 I.–III.; and 29. pp. 214–226.]
June 24.
548. Governor Sir William Beeston to the Council of Trade and Plantations. In my last of April 14 I acquainted you that I had proposed to the Assembly to pass their whole body of laws, which are now expiring, indefinite, if they would prepare a suitable bill for H.M. revenue to go along with them, which they desired some time of a recess to consider, and having met again a party in the House have prevailed not to meddle with it, their reasons for which neither they themselves nor anyone else can give, but merely from an obstinate temper, soe that since they have rejected that proposal, I refuse to re-enact any of their former laws that may be useful to them. There are some few things they are about which may be useful to the country, and I hoped might have been finished before this, but they have been dilatory. A little time now will end it, and then I will send them home and the laws they have concluded to your Lordships for H.M. approbation. The storehouses for His Majesty at Kingston go very well on and will be finished in a few months, and I've enlarged and rebuilt Fort Charles, so that it's now very offensive, and with the line of guns near it makes the entrance into the harbour to be very difficult.
June 29. These ships staying longer than was expected give me the opportunity to acquaint you that the Assembly having finished those few necessary Bills that were before them the 27th inst., I consented to such of them as I thought might conduce to His Majesty's service and the Island's (7 public and 3 private Bills), and then prorogued them to Dec. 5. I transmit the Bills. Those sent home in the Dunkirke, 1695 and the Hampshire, 1696, are not yet returned, so that we know not in what state we stand in reference to them. I pray for their return and of those sent the beginning of the year. They have passed the additional duty for two years only, that then they may have an Assembly called again (where they like to be though they do little or nothing) but have clogged it, so that were not the Bath and Parties against Negroes very necessary for the country I would have rejected it, nor can I think it can defray the several charges they have laden it with. I have now received and paid away all the money for the subsistence of the soldiers and send the acct. thereof and that of the disposal of H.M. bounty that arose out of it to the Treasury, where I hope they may be allowed of, that so I may be cleared of that business, which was a long trouble and charge to me. I have formerly written that there was money in the Commissary's hands that would have subsisted them longer, but have never received any orders about that nor what to do with the soldiers now their money is out. I transmit an abstract of all the laws that have been returned from England since my being here, so that all the rest are still before you. The country is yet healthy, but now the worst months are coming on. Everything is very well and quiet as to the public and as to myself I pray you lay before H.M. the Bill for £1,500, the present made to me by the country to help towards my losses and charges. Signed, Wm. Beeston. Endorsed, Recd. Sept. 15, Read Sept. 26, 1699. By the Catherine, Capt. Lyell. 2 pp. Seal. Enclosed,
548. I. List of acts approved and returned since the arrival of Sir Wm. Beeston. Signed, Wm. Beeston. [Board of Trade. Jamaica, 8. Nos. 123, 123 (I.); and 56. pp. 362–366.]
June 25.
Lord's Day,
H. E. House,
549. Minutes of Council of Massachusetts Bay. Notice having been given by the gaoler, Caleb Ray, that Joseph Bradish and Tee Witherly escaped last night, proclamation offering £30 reward for their apprehension ordered.
June 26. Payments ordered in accordance with the report of the Committee for soldiers' accounts. [Board of Trade. New England, 49. pp. 217, 218.]
June 26.
550. Nicholas Webb to the Council of Trade and Plantations. I came here on my way to England on a vessel (the Sweepstakes) belonging to Mr. Jeffrey Jeffreys and myself. The night before we were to sail, riding at anchor before Newcastle, the antientest town in this Province (for I cannot well call it Government), by assistance of several pirates they weighed anchor and ran away with the vessel. If I had lain on board that night they had resolved to murder me with one of my own bayonets, which was called the Silent Instrument. The enclosed affidavits of seamen who would not join the pirates show that nothing so much induced the crew to it as that here was no fort, garrison nor militia, nor any other force to suppress them. This is truly the only cause which draws so many pirates amongst them. At this time many are here with vast riches, newly come from Madagascar. Description of the pirates who ran away with the Sweepstakes, intended for insertion in the Gazette. Signed, Nich. Webb. Endorsed, Recd. Read Sep. 5, 1699. 1 p. Enclosed,
550. I. Deposition of William Bryant as to the seizing of the Sweepstakes. 2 pp.
550. II. Deposition of David Brown (or Bunn) to same effect. 2 pp.
550. III. Deposition of Christopher Scudamore to same effect. 2 pp.
550. IV. Deposition of John Wilson to same effect. 1½ pp. All four depositions sealed with the seal of William Penn, Proprietor and Governor, Newcastle. [Board of Trade. Proprieties, 4. Nos. 5, 5 I.–IV.; and (with first enclosure only) 26. pp. 87–92.]
June 26.
551. Council of Trade and Plantations to Governor Grey. We have received your letters of March 2 and 3, and have represented your desire of two men-of-war to attend Barbados, but the Admiralty answer that only one fifth-rate can be spared. You acquaint us with the death of Mr. Gibbs, whereby you say the number of the Council is reduced to twelve, and desire that Mr. William Wheeler may upon the next vacancy be made a member. We find the number of Counsellors named in His Majesty's instructions to you to be nineteen, and we therefore desire you to let us know the names of the others whose places are vacant, and to send us a list of twelve persons whom you judge fittest to supply vacancies. We await information from you on several heads of your instructions. As to the article in your instructions about commuting the duty of 4½ per cent. for some other imposition that might be more advantageous or at least equivalent to His Majesty and more easy to the inhabitants, we judge it is necessary to inform you that by a late Act of Parliament passed in the 9th and 10th year of His Majesty's reign, for settling £700,000 per annum upon His Majesty for the service of his household, the said duty of 4½ per cent. is appropriated to that service, so that the commuting of it for anything else seems not now to be at all practicable.
We have recommended that the owners of the Mary Rose should make application in due form to the Ordinary Courts of Justice at Barbados, and when they do so we entreat you to take care that they have a speedy dispatch. We enclose the Order in Council of May 18, disallowing and disapproving the Act to declare and ascertain the right and powers of the General Assembly. Leave was granted you, upon our report, to receive the £2,000 voted in the Act. The remaining Acts of that Session, unexpired, being left without either approbation or disapprobation, that for settling £500 per annum on you for your habitation does among the rest remain in force, so that you will have the benefit of it, though we must observe that it had been more comformable to your instructions if instead thereof the Assembly had taken care for the building a convenient house for you and the successive Governors of that Island, and we shall be glad to hear amongst other things of your hearty endeavours to promote that design. Application having been lately made to His Majesty for establishing and settling the Island of Tobago, His Majesty has been pleased, upon our representation of that matter, to disallow thereof and to forbid all persons to proceed on that design, either from England or any other place, and further to direct us to give you notice to discourage any undertaking in that behalf within your Government and to hinder the carrying any persons or goods from thence to the said Island of Tobago.
We should be glad of any considerations you may be able to suggest either for or against the settling of the said Island. Signed, Stamford, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Barbados, 44A. pp. 300–304.]
June 26.
552. Council of Trade and Plantations to the President and Council of Nevis. His Majesty upon taking into consideration the inconveniences arising from the execution of Patent Places by Deputies, either unqualified or too much inclined by the high rents they pay unto Patentees to make indirect advantages of their respective places, has thought fit to order, that all the Patent Officers within his Plantations be obliged by their patents or otherwise to actual residency upon the place, and to execute their respective offices in their own persons unless in case of sickness or other incapacity. And therefore in order to the better observation of His Majesty's pleasure in this particular, we think it necessary that you transmit unto us by the first opportunity a full and perfect account of all the Patent Offices within your Government, with the particular tenour and conditions of each respective grant, and how these conditions are complied with in the execution of the same. You are also to take notice that His Majesty has been pleased to direct concerning the ships of war which are or may be appointed to attend any of his Plantations, that especial care be taken that they be good sailers; that they be annually relieved by others; that the commanders thereof be strictly required to observe the laws of the Plantations relating to the departure or transportation of the inhabitants, and not to carry off any of the inhabitants from the said Plantations contrary to the laws provided in each Plantation respectively, and that they do not leave their stations in any of the Plantations without the previous knowledge of the respective Governors and a due regard to His Majesty's service in those parts. Of all these matters we think it necessary that you give us from time to time an exact account. The ship ordered for service in the Leeward Islands is to be of the fifth or sixth rate. Great complaints are frequently made of the mischief committed by Pyrats in remote parts and of the support and encouragements which they still find in His Majesty's Plantations in America, notwithstanding the repeated directions that have been given to the respective Governors thereof to take all possible care for the preventing of such ill practices. We cannot but thereupon minde you to use and continue your utmost diligence in discovering, suppressing and punishing all offences and offenders of that kind whatsoever in your Government, and to that intent we more particularly recommend to your care that strict enquiry be made after the ship and men described in the enclosed paper, and that such of them as can be found be punished with the utmost severity of law, and the ship and cargo secured for those to whom they do belong. So we bid you heartily farewell. Your very loving friends, Stamford, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Leeward Islands, 45. pp. 371–374.]
June 26. 553. Similar letter, mutatis mutandis, to Governor Day of Bermuda. [Board of Trade. Bermuda, 29. pp. 135–138.]
554. Similar letter, mutatis mutandis, to Governor Grey of Barbados. [Board of Trade. Barbados, 44A. pp. 297–299.]
555. Similar letter, mutatis mutandis, to Governor the Earl of Bellomont of New York and New England. [Board of Trade. New York, 53. pp. 299–302; and New England, 37. pp. 141–145.]
556. Similar letter, mutatis mutandis, to Governor Blakiston of Maryland. [Board of Trade. Maryland, 9. pp. 380–382.]
557. Similar letter, mutatis mutandis, to Governor Nicholson of Virginia. [Board of Trade. Virginia, 37. pp. 330–332.]
558. Similar letter, mutatis mutandis, to Sir Wm. Beeston of Jamaica. [Board of Trade. Jamaica, 56. pp. 338–341; and Plantations General, 35. pp. 53–55.]
Note. Ship ordered to Barbadoes—5th rate.
Virginia—6th rate.
Maryland—6th rate.
New York—6th rate.
New England—6th rate.
Jamaica—4th and 6th rate.
Leeward Islands—5th or 6th rate.
June 26. 559. Minutes of General Assembly of Massachusetts Bay. Privateer Bill debated. Bill establishing Superior Courts passed. H.E. signed six Acts. Bill for suppressing Vagabonds passed with amendments and sent down.
27, 28.
Various Bills considered. Joint Committee appointed to confer about the Excise Bill.
June 29. Clause in the Bill for punishing Privateers and Pirates, providing that they be tried before the Judge of the Admiralty and three or more substantial persons to be commissionated by the Governour with the advice of the Council, negatived. Bill for preventing the spreading of infectious diseases read three times, engrossed, and sent down. Bill for punishing rogues and vagabonds signed.
June 30. Amendments of the Representatives to the Bill regulating the proceedings in Courts partly agreed to and partly rejected. Bill ordered about trials when many of the Justices are parties or related to either. Report of the Committee about the College ordered to lie upon the table. Bill about Indian trade ordered.
July 1. Various Bills considered in Committee, H.E. being ill. [Board of Trade. New England, 48. pp. 306–311.]
June 26.
560. Journal of Council of Trade and Plantations. Order of Council, June 22, upon the petition of Robert Chaplin read; letter accordingly ordered to the Governor of Barbadoes. Circular letters upon several heads to the Governors of Virginia, Maryland, New York, Massachusetts, New Hampshire, Jamaica, Leeward Islands, Barbadoes and Bermuda, signed and sent. A more particular letter to Mr. Grey, Governor of Barbadoes, signed and sent.
Col. Codrington's observations upon his Instructions considered.
June 27. Letter to the Governor and Council of Barbadoes signed and delivered to Mr. Bradshaw, solicitor for Mr. Chaplain.
Mr. Archibald Hutcheson, being occasionally here, and their Lordships enquiring what lands His Majesty has in the Leeward Islands not yet granted away, he said that all the King's lands had been granted by Sir William Stapleton fifteen years ago, so that His Majesty has now no lands there, but as any fall by escheats or forfeitures.
Letter from Capt. Norris of 23rd inst., enclosing several original bonds taken by him from the Masters of unfree bottoms at Newfoundland, when he was there the last year, read. Ordered that the bonds be sent to the Commissioners of the Customs. As for the article in his letter relating to his account of the £1,000 which he carried to Newfoundland, their Lordships thought it not their business to order anything thereupon, but leave him to keep the receipts he mentions as vouchers to his accounts, in the proper office where they are to be made. As to his request for some allowance for his service at Newfoundland, they took no resolution at present.
June 28. Secretary ordered to write to Mr. Cary to press the Sollicitor General for his report upon all the Public Acts of the Leeward Islands that remain in his hands.
Mr. Attorney and Mr. Sollicitor General's report upon the New England address about appeals (No. 234) read. Ordered that Mr. Brenton be desired to bring a copy of the Lords Justices' Order in Council May 27, 1697, therein mentioned.
Letter from Mr. Randolph, Carolina, March 16, read. Ordered that Mr. Thornburgh be desired to attend the Board.
Letter to Gov. Nicholson signed and sent. [Board of Trade. Journal, 12. pp. 93–98; and 96. Nos. 98–100.]
June 27.
561. Council of Trade and Plantations to Governor Grey, giving instructions in the case of Mr. Chaplain as directed by the Order in Council (June 22). Signed, Stamford, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Barbados, 44A. pp. 306, 307.]
June 27. 562. William Popple to John Sansom. I enclose the bonds taken by Capt. Norris, commodore, last year at Newfoundland, from masters of unfree bottoms, belonging to English owners and navigated according to the Act of Navigation. [Board of Trade. Newfoundland, 25. p. 316.]
June 28. 563. Minutes of Council of New York. Various salaries paid. Order that warrants on the revenue be paid according to the priority of their dates, except in the case of civil officers. The conferences with the Indians and the examination of Jean Rosie, lately come from Canada, laid before the Board.
The Attorney General gave his opinion that the Nassau was a wreck. Two of the Council accordingly ordered to take charge of her and make an inventory of all things found on board. [Board of Trade. New York, 72. pp. 253, 254.]
June 28.
564. William Popple to Bevis Hill. I enclose packets from the Commissioners for Trade and Plantations to be sent forward. Some of them are duplicates, and to be sent by different ships. [Board of Trade. Plantations General, 35. p. 56.]
June 28.
565. Council of Trade and Plantations to Governor Nicholson. We have received yours of Feb. 4 and 27. We have always been satisfied with the exact method of your advices. There is a clause in your Instructions about repealing an Act passed in 1680 about Attorneys, which having been given to some former Governors, we desire you to inform us how the matter stands. We expect to hear of your endeavours to promote the building of a house for the Governor, according to your Instructions. The revisal of the Laws is also highly necessary, which under Sir E. Andros was impeded by a disagreement between the Council and Assembly. Signed, Stamford, Lexington, Ph. Meadows, Jo. Locke, Abr. Hill. [Board of Trade. Virginia, 37. pp. 333, 334.]
June 28.
566. William Popple to Richard Cary. The Council of Trade and Plantations being moved by Mr. Hutcheson for their report upon a Private Act of the Assembly of Antego which he brought hither some while ago command me to desire you to use your endeavours that Mr. Sollicitor General may hasten his report to them upon the several parcels of public Acts of the Leeward Islands lying in his hands. The Council does not think it proper to break the order of date, or to report on one single private Act apart from the aforesaid. Signed, W.P. [Board of Trade. Leeward Islands, 45. p. 375.]
June 29.
567. Minutes of Council of Maryland in Assembly. The Hon. Thomas Brooks took the oaths appointed. The Governor's instructions were read. (See Cal. 1698. No. 869.) Col. Henry Jowles, Thomas Tench, Col. John Courts appointed to administer the oaths to the House of Delegates. The Speaker and House were summoned to attend the Governor, who addressed them with the approval of the Council. He regretted the notion which had been started among some that the King's and the country's interest were at any time different. He rejoiced to find that the Province had been so well inclined in endeavouring the promotion of the Church of England. The Delegates retired and chose Mr. Benjamin Nobbs for their chaplain, whom the Governor and Council approved.
June 30. Col. Charles Hutchins sworn a member. The oaths were administered to some Delegates. Col. Waughop, Mr. Miller and other Delegates brought the Delegates' answer to the Governor's speech. They had never imbibed the notion that His Majesty's and the country's interest differed: their loyalty was and should be uniform. The Governor replied, and then sent a message to the House; the principal matters recommended for the business of the Sessions were the revising the laws and composing them into one body, the building of the Church at Annapolis, provision for the security of the frontiers and the prevention of outrages by Indians. A joint committee of the two houses was appointed to consider the building of the Church. The petition of John Dent that, in compensation of his loss at the Cool Springs he and his heirs only might have liberty to keep ordinary at the said Springs without paying for a licence, was referred to the consideration of the House. The Delegates announced that they had already appointed a Committee for the revising and completing the Body of Laws. The House would take the murder by the Indians on the frontier into consideration when the expected testimony came to town. John Grey, an officer attending on the Board, was ordered to be brought before the House for a breach of privilege. Mr. Francis Jenkins was sworn a member. A return of James Round, of Somerset County, relating to the Indian land upon which John Parker had made a forceable entry was approved; advised, that in case John Parker refuse to quit possession when his corn is gathered, Mr. Rounds be ordered to dispossess him. Petition of Robert Yates, of Charles County, praying that the will of James Tyer may be recorded in the Commissary's Office recommended to the consideration of the House of Delegates. [Board of Trade. Maryland, 14. pp. 415–425.]
June 28. 568. Journal of House of Delegates of Maryland. The General Assembly was prorogued till the 29th.
June 29. Warrants signed for writs of election to the sheriffs of St. Mary's, Charles, Baltimore, and Talbot Counties, in places of Philip Clarke, Henry Hawkins, John Forry and William Hemsley, all lately deceased; and to the sheriffs of Ann Arundel and Somerset Counties in places of John Hammond and Francis Jenkins, now of H.M. Council; and to the sheriff of Prince George's County to elect one Delegate instead of Major Wm. Barton, now High Sheriff of that County. It was resolved that the House would meet at 6 o'clock and rise at 10, and go to prayers and after prayers adjourn till 2. Daniel Cannon chosen as Serjeant-Attendant. A Committee was appointed to inspect the laws. A copy of the Governor's Instructions about the oaths was delivered to the House at the request of the Speaker. (And see preceding abstract.)
June 30. James Saunders, Thomas Ennalls, Thomas Hicks, Walter Cambell and Jacob Lokerman took the oaths appointed. Resolved that sixteen members with Mr. Speaker make a House.
Various messages exchanged. (See preceding abstract.)
John Gray brought to the bar of the House and humbly submitting himself was discharged.
The petition of Philip Lynes for the sum of 52,109 lbs. of tobacco for sundry expenses of several persons at his house at the arrival of H. E. Governor Copley, 1692, rejected, it appearing that he was allowed 14,000 and odd lbs. in 1694, the balance of his account. [Board of Trade. Maryland, 15. pp. 381–394.]
June 29.
569. Journal of Council of Trade and Plantations. Letter sent to the Lords of the Treasury about the payment of the salaries and incidents of this office.
Representations upon the Dutch Ambassador's complaint against Mr. Trott, and upon the case of Mr. Sharp, signed and sent to the Council Board.
Draft of an article to be inserted in Col. Codrington's Instructions, about the spoils alleged to have been committed by the English in St. Christopher's, agreed upon.
Memorial from Mr. Weaver in behalf of Mr. Thomas Duncombe (June 1) read, and their Lordships, not finding that Col. Codrington deceased, had transmitted any regular charge against him with proofs thereof, upon suspending him from the Council of Antigoa, ordered that his name be again put into the Instructions.
Memorial from Mr. Weaver in behalf of Col. Samuel Gardner (May 9 and June 15) read. Ordered that enquiry be made of Mr. Sansom when and by whom Commissioners were sent for administering the oath appointed by the Act of the 7th and 8th of King William, not only in the Leeward Islands but in all other H.M. Plantations, and what returns the Commissioners have had of the execution thereof.
Mr. Weaver ordered to bring a list of names of persons he thinks fit to supply vacancies in the Council of the Leeward Islands. [Board of Trade. Journal, 12. pp. 99–102; and 96. No. 101.]
June 29. 570. Hudson's Bay Company to the Lords Justices. State of the Company's case with a narrative of their great sufferings from the French ever since 1682. Recapitulates events described in memorials of March 4 and April 17. This so notorious an invasion and depredation (1686) was loudly complained of and so much resented by his then Majesty that he was graciously pleased to declare that his honour was concerned with the Company's interest and he would have reparation for both. Whereupon the French king empowered M. Barrillon and M. Bonrepos to be his commissioners to treat with Lords Sunderland, Middleton and Godolphin, H.M. Commissioners, in order to the adjusting all differences that had arisen or might arise between both nations in America.
The English Commissioners reported to H.M. that it plainly appeared his subjects had a right to the whole Bay and streights of Hudson and to the sole trade thereof, whereupon his then Majesty declared to the French Commissioners that he insisted upon his own right and the right of his subjects and upon the demand of full satisfaction for damages received and the restitution of the three Forts surprised by the French in the Bottom of the Bay (1687), which had accordingly followed if the Revolution in England had not prevented it. His present Majesty made the injuries done to the Company one of the articles of war. The losses and damages sustained by the Company amount to over £220,000. In 1692, a time of public war, the Company set forth a very chargeable expedition and at their own sole expense of near £20,000 they recovered their forts and factories in the Bottom of the Bay. But their Factory of York Fort in Port Nelson was taken by the French in 1694 under M. de Ibreville, upon a capitulation of which they did not perform one article and took in beavor skins, etc., above £40,000. In 1696, with the aid of two men-of-war, the Company recovered it, but Capt. Allin, commander of the man-of-war, capitulated contrary to his orders and instructions, when the French must have surrendered within two days at discretion, being almost famished, as he also brought the beavor skins found in the fort home on board the King's frigate, which by his instructions he ought to have delivered to the Company upon the place. In 1697 the French sent a much greater force then ever they did, and in Sept. when the Treaty of Ryswick was concluding and York Fort supposed to be still in English possession, it was then taken again by the French, together with a ship of the Company's and a great quantity of goods, provisions and ammunition. The French got those concessions into the Treaty of Peace by undue suggestions and misinformations. They have no title to those goods for which they would pretend to be satisfied, and the King having twice granted them to the Company, and for their being restored to the Bottom of the Bay as having been in possession of it before the war, it is an egregious misinformation, for it must be a rightful possession only which can entitle anyone to restoration. If the Company be divested of any of their places and property, they will not only be left in worse condition than they were in before the war (for the righting of whom it was partly undertaken), but it will be contrary to the Justice which was ready to be done them in the late reign. [America and West Indies. Hudson's Bay, 539. No. 8. pp. 50–56.]
June 29.
571. Governor Grey to the Council of Trade and Plantations. His Majesty's ship Speedwell having been upon her cruise by my order, in her return put into St. Lucea. They found it to be inhabited by some French who had negroes daily employed, as it seemed, in order to their settlement; this being an island within my Government, your Lordships will please to lay it before His Majesty that I may receive his commands accordingly. Upon the ship's plying up between that and Martinico, they met with two French men-of-war, one of about forty, the other about fifty guns, having on board several soldiers. They spoke with one of them who said they came from Brest and were bound to Martinico. I have received a letter from Mr. Secretary Vernon, wherein he mentions that the Lords of the Admiralty are of opinion that one-fifth rate ship will be sufficient for the service of this island. I had before represented how absolutely necessary it was to have two frigates, the one of force to preserve the merchants ships here, and to suppress the insolence of pirates, the other to ply round the island to prevent the running of prohibited goods, without which His Majesty's service will very much suffer. This I humbly offer to your Lordships' better judgements. I have received several certificates of ships from Bermudas wherein the Governor stiles himself, His Excellency, Capt. General and Lieut. Governor. His Majesty's commissioner here, Mr. Sharp, has been uneasy in this matter, wherefore I thought fit to acquaint your Lordships with it for your further consideration. Signed, R. Grey. Endorsed, Recd. Read Aug. 14, 1699. 2 pp. [Board of Trade. Barbados, 8. No. 12; and 44A. pp. 313, 314.]
June 29.
572. Representation of the Council of Trade and Plantations upon the complaint of Mr. Sharp recommending the following Order in Council. Signed, Stamford, Lexington, Ph. Meadows, John Locke, Abr. Hill. [Board of Trade. Barbados, 44A. pp. 307–309.]
June 29.
573. Order of the Lords Justices in Council. The Council of Trade is to prepare circular letters to be sent to the Governors of all his Majesty's Plantations, and more especially those in Propriety and Charter Governments, that they be very careful in causing the Acts of Trade and Navigation to be duly put in execution within their respective Governments and Proprieties, and that in order therunto, they fail not to give constant protection and all due encouragement, not only to the officers of the Customs, but to those also of the Admiralties which his Majesty has thought fit to be there erected. And that in the letter to Mr. Grey, Captain General and Governor in Chief of the Island of Barbados, they take notice of his good service in countenancing and protecting Mr. Sharp. Signed, John Nicholas. Endorsed, Recd. Read. July 3, 1699. 1 p. [Board of Trade. Barbados, 8. No. 9; and 44A. pp. 309, 310.]
June 29. 574. Order of Lords Justices in Council, referring Robert Quary's letter to the Admiralty to the Council of Trade and Plantations. Signed, John Nicholas. Endorsed, Recd. July 3, Read July 26, 1699. ¾ p. Enclosed,
574. I. Admiralty Office. June 12, 1699. Lords of the Admiralty to the Lords Justices enclosing Quary's letter and other papers. Signed, Haversham, R. Rich, G. Rooke, D. Mitchell. 1 p.
574. II.–VII. Duplicates of Robert Quary's letter and enclosures, (Nos. 138, 138 I.–V.) [Board of Trade. Proprieties, 3. Nos. 27, 27 I.–VII.; and (without enclosures) 26. pp. 9, 10.]
June 29.
575. Council of Trade and Plantations to the King. We have considered the complaint of the Dutch Ambassador against Mr. Trott. Mr. Trott gives as his reason for disarming the shipwrecked crew in question that they were superior in strength to the inhabitants, yet expresses the number of their arms as only 10 fuzees and 17 pistolls. His offer to deliver back the fuzees upon payment of 12 pieces of eight for each sufficiently demonstrates that he acted not upon that consideration. He brings no proof of his statements about what the captain said to him. It is highly improbable that if the captain was half owner of so rich a cargo none of the depositions laid before us should mention the fact. Evidence shows that, in spite of his general and evasive allegations, Mr. Trott himself fitted out a sloop and refused to allow any of the crew to accompany it except one pilot, and that she brought back much money and merchandise from the wreck without any uncertainty of two wrecks, insinuated by him. He received the money and goods into his own custody and sent part to his brother at Bermudas and part to New England, as the deponents saw. His evasive answers on the charges of extortion and words spoken by him are contradicted by the journals submitted to us and the depositions taken at Amsterdam. Nicholas Trott is the same person concerning whom we offered to their Excellencies the Lords Justices May 17, 1697, that for the notorious misdemeanours of which he had been accused by several witnesses in the trials of some pirates of Every's crew, directions might be given in order to his prosecution. Which opinion having been offered by us before his arrival in England, we the rather renew it upon this occasion, because of some new proof that we have received since of his having permitted the said pirates to come into the Bahama Islands and received from them a considerable sum of money for that favour. In the present case, the matters of fact charged upon him by the Dutch Ambassador appear unto us to be true, and we are therefore humbly of opinion that he be left to a prosecution at law for reparation of the injury complained of, and that meantime care be taken that he may not depart out of this kingdom without giving sufficient security. Signed, Stamford, Lexington, Ph. Meadows, Jno. Locke, Abr. Hill. [Board of Trade. Proprieties, 25. pp. 460–468.]
June 30. 576. Col. Codrington to Council of Trade and Plantations. I have been pressed in several letters from the islands to put you in mind of the negroes who have escaped to the French and not [been] handed over notwithstanding frequent demands. This is an affair of the last importance to the English Colonies, for a great number of negroes will certainly get off in sloops and boats, both from a natural desire of changing their masters upon the least severe usage, and upon the encouragement of these many holydays the French allow their slaves, if those who have already gone off shall not be restored, and some of them made examples. 'Tis very probable the French will propose to keep the negroes and pay for them; this method will not only be unsatisfactory to the Planters, but will be a prejudice to the English and a means of melioration to the French interests. Endorsed, Recd. June 30. Read July 7, 1699. 2 pp. [Board of Trade. Leeward Islands, 6. No. 30; and 45. p. 378.]
July 3.
July 4.
July 6.
577. Minutes of General Assembly of Massachusetts Bay. Capt. William Kidd examined, and some of his men. He was ordered to bring his narrative in writing. Neglecting to do so, he and several of his company were seized. Kidd's narrative was presented to H.E. by Thomas Newton.
July 7.
July 8.
Bill appointing the Sheriffs to have the custody of the gaols ordered. H.E. very ill. Board adjourned. [Board of Trade. New England, 48. pp. 311–313.]
June 30. 578. Minutes of Council of Massachusetts Bay. H.E. ill.