America and West Indies: November 1699, 27-30

Pages 542-564

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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November 1699

Nov. 27. 1,002. Governor the Earl of Bellomont to the Council of Trade and Plantations. In obedience to H.M. commands I repaired, Sept. 1699, to Rhode Island and there made enquiry into the disorders and irregularities practised within that Government. (1) They seem wholly to have neglected the Royal intention and their own professed declaration in their Charter in that they have never erected nor encouraged any school of learning or had the means of instruction by a learned, orthodox ministry. The Government, being elective, has been kept in the hands of such who have strenuously opposed the same, and the generality of the people are shamefully ignorant and all manner of licentiousness and profaneness does greatly abound. (2) They do not use their name and style of incorporation omitting the words "English" and "in America." (3) Their Charter requires a meeting of the General Assembly twice every year. Oft-times they hold but one Assembly in the year and that for elections in May, which is convened upon Tuesday, dissolved the same day, and yet meet again on Wednesday without any new writ or summons and proceed to elect General Officers and transact the business of a General Assembly. (3) Their General Assembly is constituted of the Governor, Assistants, and deputies for the several towns. The sole power of calling them is vested in the Governor; yet, according to their practice, it is in their pleasure whether the Governor shall preside or be moderator therein or not, which is tried by a vote. (5) Their election of general officers is partly made by proxies and allowed of by an Act of the Government contrary to the rules of their Charter; and (6) contrary to their Charter, their military commission officers are elected by the soldiers of the several companies. (7) In 1697, Walter Clarke, their Governor, made out a writ directed to the Sherif or his deputy requiring him to issue forth warrants to the assistants and justices of the several towns to meet and choose Representatives to serve in General Assembly. The Charter directs that the freemen be represented by persons of their own choosing in the several towns, and yet some chosen by the Town Council (so-called) consisting of some few particular men have been admitted of the Assembly. (8) The same Governor in the General Assembly, 1697, did in the morning actually resign his office of Governor, when afterwards, finding that there wanted one to make up a quorum of the House of Magistrates, resumed his place of Governor, sat and acted as such all that day and adjourned the Court at night. (9) May, 1699, a General Assembly was kept, no writ for convening it ever coming to the hand of the sheriff or his deputy. (10) An order was published under the public seal of the colony as an Act of the General Assembly, 1696, which was not laid before nor put in the House of Representatives. (11) The General Assembly assume a judicial power of hearing and determining Civil Causes, removing them out of the ordinary Courts of Justice, and alter verdicts, the Charter committing no judicial authority to them; neither are the Representatives under any oath or engagement, as required by an Act, Oct., 1672, afterwards repealed 1677. (12) They raise taxes and assessments upon the people, there being no express authority in the Charter for so doing. (13) They judge capital offenders and punish them with death, though the Charter limits their power of punishment according to the course of corporations in England. (14) They usurp an Admiralty power and jurisdiction by an Act of their own making. (15) Their Courts of Justice are held by the Governor and Assistants, who sit judges therein more for the constituting of the Court than for searching out the right of the causes before them: they know little law and give no direction to the jury nor sum up the evidences to them. Their proceedings are many times very arbitrary and contrary to the laws of the place, as is affirmed by the Attorneys that have sometimes practiced in their Courts. (16) Their General Attorney is a poor illiterate mechanic, on whom they rely and allow of judgment against criminal offenders drawn in his own name, viz. I, John Pocock do indict, etc. (17) The Assistants, or Councillors, who are also Justices of the Peace and Judges of their Courts, are generally Quakers and Sectaries elected by the prevailing factions, several of them not able to write their names and not having taken the oaths, etc. John Green, a brutish man of very corrupt or no principle in religion, and generally known so to be, is from year to year elected Dep. Governor, whilst several well qualified and disposed to His Majesty are neglected and maligned. (18) Dep. Gov. Green during the war granted several sea commissions under the public seal of the Colony to private men of war, otherwise pirates, expressly contrary to the will of the then Governor and notwithstanding his forbidding of the same; took no security and granted them vaguely to the Captain or his assignee. All the vessels so commissionated went to Madagascar and the seas of India and were employed to commit piracy. Green is also complained of for exercising divers other exorbitant and arbitary acts of power under colour of his office. (19) The government is notoriously faulty in countenancing and harbouring pirates, who have openly brought in and disposed of their effects there, whereby the place has been greatly enriched, and not only plain breaches of the Acts of Trade and Navigation have been connived at, but also manifest piracies. When they had some of the greatest of the known pirates in their power, they have suffered them to escape. (20) The Governor, Assistants, Judges, juries and witnesses that pass upon persons for life and death, are under no obligation of oath or declaration; but only take an "engagement" of their own forming, making no mention of God. (21) I am informed there are no journals or books of Entry kept of their orders or acts passed in Council. (22) Divers of their Acts and Laws passed in the General Assembly are not made into any proper form, but kept in loose scripts and oft-times not to be found, so that the people are at a loss to know what is law among them. (23) I cannot obtain either the journals of the General Assembly or the Laws now in force, altho' I have made repeated demands of authentic copies; the Governor himself acknowledging that the Laws they lately transmitted unto your Lordships are but part of what are in force among them. (24) Many of H.M. good subjects inhabiting the colony and such as are best knowing in the laws of England greviously complain of oppression by maladministration and illegal proceedings of those in the Government. (25) They wilfully refuse to comply with H.M. commands. Particularly they are complained of by Mr. Brinley and Nathaniel Watterman for not observing the King's orders relating to some trials had in the Courts. Governor Cranston's speech to the General Assembly, called upon the notice I gave him of H.M. commands to myself, which is applauded among them, gives some taste of the disposition of the people. and discovers how they stand affected to the Laws of England and H.M. Government, basely insinuating it to be little better than bondage and slavery. I apprehend His Majesty is neither honoured nor served by that Government. Signed, Bellomont. Endorsed, Recd. Jan. 19. Read Feb. 9, 1699/1700. 5¾ pp. Enclosed,
1,002. I. Journal of Lord Bellomont's Proceedings, Rhode Island, Sept. 18–28, 1699. Commission and Instructions were read in Council Sept. 20–21. (Present, Samuel Cranston, Gov.; John Green, Dep. Gov.; Walter Clarke, James Barker, Robt. Carr, Gyles Slocom, Joseph Sheffield, Joseph Hull, Assistants). Sept. 21–25. Various witnesses examined on oath. Enquiries made. The Governor of Connecticut arrived. After hearing the Commissioners on both sides and being unable to dispose the Governments of Connecticut and Rhode Island to come to an amicable accommodation about the Government and boundaries of Naraganset Country, in accordance with the letter of the Board to me, Aug. 26, 1697 (Cal. 1697. No. 1274.) I asked for a state of their claim from each side, and admonished them both to send their agents into England as soon as they could, to lay their case before the Lords of the Council of Trade.
Sept. 25. I acquainted Governor Cranston and the Council that I had received a petition from Capt. Samuel Gallop, Sherif of the County of Bristol, Massachusetts Bay, complaining that Daniel Wilcocks, of Little Compton within the said County, having been sentenced to pay a fine of £150 and find sureties for good behaviour for 12 months, and to stand committed until he performed the said sentence, had fled to Rhode Island. I represented how scandalous it was for the King's Government to shelter such an offender. I set out for Boston, Sept. 27. Signed, Bellomont. Holograph. 8½ pp. Same endorsement.
1,002. II. Examination of Walter Clarke, late Governor of Rhode Island. Newport, Sep. 21, 1699. Copy. 3 pp. Endorsed, Recd. Jan. 19, 1699/1700.
1,002. III. Examination of John Green, Dep. Governor of .]ode Island. Newport, Sep. 21. Copy. 1 p.
1,002. IV. Examination of John Easton, late Governor of Rhode Island. Newport, Sep. 21. Copy. ½ p. Endorsed, Recd. Jan. 19, 1699/1700.
1,002. V. Examination of John Cranston, Governor of Rhode Island. Copy. 2½ pp. Same date and endorsement.
1,002. VI. Examination of Peleg Sanford. Copy. 1½ pp. Same date and endorsement.
1,002. VII. Memorial of H.M. Instructions presented by Lord Bellomont to the Governor and Council of Rhode Island. Copy. 1½ pp. Same date and endorsement.
1,002. VIII. Copies of sea-commissions granted by John Greene, Dep. Gov., 1694. 3¼ pp. Same date and endorsement.
1,002. IX. Copy of a Commission granted by Sir Wm. Beeston, 1695, to Lovering, Commander of the Sevilian, renewed by the endorsement of Capt. Cleasby, Commander of H.M.S. Saphire, 1696, to Robert Colly. 1½ pp. Same date and endorsement.
1,002. X. Copy of a military commission to Capt. Nathaniel Coddington from Governor Easton, June 26, 1694. 1 p. Same endorsement.
1,002. XI. Account by Robert Gardiner, Dep. Collector, of privateers fitted out from Rhode Island—Capts. William Mayes, Thomas Tue, Thomas Wake, John Hoar and Robert Colly, 1694, 1695. Copy. 1½ pp. Same endorsement.
1,002. XII. Examination of Robert Gardiner. Newport, Sept. 26, 1699. Copy. 3¼ pp. Same endorsement.
1,002. XIII. Testimony of John Easton and Francis Brinley and Lodowick Updick as to the corrupt principles held and preached by John Green. Green belonged to the sect of Gortonians, and, holding that God had no regard to outward actions, made the logical deductions as to conduct. Newport, Sept. 25, 1699. Copy. 1 p. Same endorsement.
1,002. XIV. Affidavit of Jireh Bull as to the method of calling the General Assembly, 1699. Newport, Sept. 26, 1699. Copy. 1 p.
1,002. XV. Affidavit of Jireh Bull as to Governor Clarke's opposition to the Commission appointing Peleg Sanford judge of the Admiralty. Copy. 1 p. Same date. Endorsed, Recd. Jan. 19, 1699/1700.
1,002. XVI. Affidavit of John Jones and Andrew Willett. We have seen an Act passed under the seal of the Colony as an Act of the Assembly, Newport, March 23, 1697, declaring the marriage of Daniel Wilcox and Mary Wordell of Kingstown illegal. There was no such bill or vote read or passed in the said house. Copy. ¾ p. Same date and endorsement.
1,002. XVII. Deposition of Andrew Willett that John Green did not tender him the Association to sign when he was chosen Captain in the Militia. Copy. ½ p. Same date and endorsement.
1,002. XVIII. Deposition of John Easton, that John Green, Dep. Gov., granted commissions to Privateers contrary to his will. June 4, 1698. 1 p. Copy. Same endorsement.
1,002. XIX. Journal and Acts of General Assembly of Rhode Island, May and June, 1691. Copy. 7 pp. Same endorsement.
1,002. XX. Deposition of Gedion Crawfford. In 1692, John Green, Dep. Gov., and Benjamin Smith, J.P., bound over William and Joseph Smith in £10 a piece, with Jacob Clarke, Ephraim Carpenter and Thomas Fowler of Providence, sureties. By order of John Green, Benjamin Smith received 10s. of William Smith and Ephraim Carpenter and destroyed the bonds whereby they were bound over. Sept. 26, 1699. Copy. ¾ p. Same endorsement.
1,002. XXI. Speech of Gov. Cranston to the General Assembly, Newport, Aug. 21, 1699. Copy. 2¼ pp. Same endorsement.
1,002. XXII. Copy of an Act of Assembly, Oct. 30, 1672, upon Capt. John Green giving a bill of divorce to Mary and Richard Pray. 1 p. Same endorsement.
1,002. XXIII. Copy of two Acts of Assembly (i) Newport, Oct. 30, 1672, obliging deputies to take oaths (ii) Oct. 30, 1677, repealing that Act. 1 p. Same endorsement.
1,002. XXIV. Copy of petition of Nathaniel Watterman of Providence to Lord Bellomont, on behalf of himself, Peleg Rhodes, Timothy and Benjamin Carpenter, James Blackiner, Elisha Arnold, Nehemiah Shelden, Thomas Feild and Andrew Harris, about some lands in Patuxet adjudged to them on several trials but withheld by the Government of Rhode Island. 2 pp. Same endorsement.
1,002. XXV. Copy of Gov. Clark's warrant to Capt. Thomas Townsend, Sheriff, to issue warrants to the Assistants and Justices to meet and choose qualified persons for the General Assembly, March 28, 1697. Copy. ½ p. Same endorsement.
1,002. XXVI. Copy of an order forbidding an execution upon some lands to be complied with. Nov. 5, 1697. Signed, John Green, Dep. Gov., Joseph Jencks, Stephan Arnold and Benj. Smith, Assistants. 1 p. Same endorsement.
1,002. XXVII. Deposition of Richard Higgins. Governor Clarke denied Ephraim Higgins justice against John Coggeshall and Samuel Thurstan, who stole his cow. Copy. 1 p. Same endorsement.
1,002. XXVIII. Memorandum of a Town Council choosing an Assemblyman. July 11, 1698. ¼ p. Same endorsement.
1,002. XXIX. Copy of warrant for the arrest of John Nelson of Boston, administrator of the estate of Richard Wharton of Boston to answer the complaint of Samuel Seawall in an action of debt. Ap. 13, 1699. ½ p.
1,002. XXX. Copy of Francis Brinley's case v. John Dave, security for Samuel Davis. Sep. 1697. 1 p.
1,002. XXXI. Tho. Newton's account of the irregular proceedings of the Courts of Rhode Island. Boston, Sep. 1, 1699. Copy. 1 p. Endorsed, Recd. Jan. 19. 1699/1700.
1,002. XXXII. Jos. Hearne's account of the same. Copy. 1 p. Same endorsement.
1,002. XXXIII. Deposition of Richard Cornish. Thomas Jones, one of Every's company, married Penelope Goulden and lived on Rhode Island. Copy. 1 p. Same endorsement.
1,002. XXXIV. Certificate as to the execution of several capital offenders. Signed, Fr. Brinley, Peleg Sanford, Nath. Coddington. ¼ p. Copy. Same endorsement.
1,002. XXXV. Copy of an Act of the Assembly establishing the form of an engagement, instead of oaths, for public office and administration of justice. ¾ p. Same endorsement.
1,002. XXXVI. Copy of an order of Council of Rhode Island, Sep. 27, 1699. With regard to Mr. Brinley's appeal in the case of John Greenman, lessee of Charles Dyre, March 11, 1694, v. Daniel Sheffeild, in which judgment was obtained against the casual ejector, we direct Mr. Brinley to bring an action in the next General Court, and if grounds of appeal should then happen, we shall allow his appeal before the King. 1 p. Same endorsement.
1,002. XXXVII. Francis Brinley to Lord Bellomont. Newport, Oct. 21, 1699. Governor Cranston in response to the demands of Col. Sanford, Capt. Coddington and myself, to furnish your Lordship with a copy of our laws, said he had a transcript ready of those which they this summer transmitted to England, and that it was necessary to peruse them and see what others might be convenient to add. When asked for copies of the journals of Council and Assembly, he replied he knew of none they had. Copy. ¾ p. Same endorsement.
1,002. XXXVIII. Francis Brinley to Thomas Newton, Newport, Aug. 22, 1699. The Assembly that was dissolved May 2 is now sitting by adjournment to Sep. 1, having anticipated the time and met yesterday. The Governor's speech was chiefly aimed against me. It was much applauded. I suppose his two uncles, Wa[l]ter and Weston Clarke had a hand in it. The Assembly design to raise money, and a little while since raised £800, but have no power to do so in their charter. Copy. 1 p. Same endorsement.
1,002. XXXIX. Copy of the account of Nathaniel Coddington, Register of the Court of Admiralty, of the fitting out of privateers from Rhode Island, and of the pirates' gold etc. in Governor Cranston's hands. Copy. 3 pp. Same endorsement. [Board of Trade. Proprieties, 4. Nos. 40, 40 I.–XXXIX.; and, without enclosures, 26. pp. 154–164.]
Nov. 27.
1,003. Journal of Council of Trade and Plantations. Letter from Mr. Burchet, Nov. 23, with Capt. Leak's answers about Newfoundland, laid before the Board.
Petition of Robert Clowes read. Consideration deferred.
Further letter from Mr. Burgess about pirates that attacked the Essex prize read.
Letter from Mr. Neale about the value of our standard gold in the Mint, read.
Letters from Mr. Benjamin Durzy for Mr. Thornburgh, Nov. 24, and from Mr. Dockwra, read.
Mr. Blathwayt's observations upon the Memorial of the Proprietors of East New Jersey about the surrender of their Charter, was read, and directions given for some alterations therein, so that they may be given to Mr. Dockwra in answer to that Memorial.
Nov. 28. Affidavits about Mr. Day's conduct in Bermuda, brought by Mr. Pullein, read. He gave the Board some information on the subject, and promised that he and Mr. William Brice, late Provost Marshall of Bermuda, would draw up a memorial of what they could say thereupon.
Col. Edward Fox communicated his Commission as Lt. General of the Leeward Islands. Letter written to Mr. Secretary Vernon offering that Col. Fox's name may be inserted in Col. Codrington's Instructions in place of Col. Collingwood's, deceased.
Letter to the Earl of Jersey on behalf of Capt. Norris ordered.
Answer to the Proprietors of East New Jersey agreed upon and ordered to be communicated to Mr. Dockwra. [Board of Trade. Journal, 12. pp. 262–265; and 96. Nos. 189, 190.]
Nov. 27. 1,004. Minutes of Council of Massachusetts Bay. Payment ordered for garrison service, 1689, of Joseph Curtis, deceased. Capt. Gullock was forbidden to ship the money and plate he had recovered, on account of the Act prohibiting exportation of money and bullion.
Nov. 28. Ordered that £300 worth of goods for trade with the Eastern Indians about Cascobay be shipped and that Capt. Davis be Truck Master. Lt. Nathaniel Holmes' contract to subsist the Castle garrison at 3s. 6d. Dec. 1–June 1 and 3s. 9d., June 1–Dec. 1, accepted. [Board of Trade. New England, 49. pp. 259, 260.]
Nov. 28.
1,005. Council of Trade and Plantations to Mr. Secretary Vernon. We offer that the name Col. Edward Fox, appointed to succeed Col. Collingwood, decd., may be inserted in Col. Codrington's Instructions for the Leeward Islands. Signed, Phil. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Leeward Islands, 46. p. 12.]
Nov. 28. 1,006. Answer of the Council of Trade and Plantations to the Proposals of the Proprietors of East New Jersey, July 5. Article 1. We have no objection. Article 2. We conceive His Majesty may do what is proposed in case the Proprietors accept of a new charter with such conditions as are reasonable with relation to their Propriety, but that is very improper for His Majesty to oblige himself to a compliance with this article by any clause in the new charter. Article 3. The first part is unreasonable. It may sometimes be advisable to restrain this liberty. But the Proprietors may have the same liberty granted them of trading with the Indians as is granted to the inhabitants of N. York or any other Plantation under H.M. immediate Government. What relates to the purchasing of lands may be allowed. (4) The first part may be allowed, provided the officers be appointed by the King's Governor, but not without appeals in Civil matters to the King's Governor and Council and to the King in Council, nor so as to hinder trials in criminal matters by H.M. special Commission to be executed either in New York or East Jersey as shall be thought fit, N. York and East Jersey to be accounted one Province without distinction except as to the Propriety of lands and the dominium utile. (5) Fit to be allowed provided there be a further appeal to the Governor of New York and Council, which is to consist as well of the inhabitants of E. Jersey as to those of N. York indifferently. (6) What relates to the public Register and Records to be kept at Perth Amboy may be allowed; but the not removing them to any other place when the public service shall require it, seems unreasonable; and the Proprietors constituting the Secretary and Register, which the King does everywhere appoint, does not seem fit to be allowed. Nor is it fit there should be more than one Chief Secretary both for N. York and N. Jersey, who may appoint a Deputy to officiate in his absence from either place. The Surveyor General has a more particular reference to the Proprietors and their lands. Their constitution of him may be allowed. (7) We have no objection against the number of counties, but the rest of this Article seems wholly unreasonable. In case E. Jersey be allowed to send one sixth part of the Representatives of the General Assembly and West New Jersey one sixth part more, it is as much as can well be allowed, otherwise these two Jerseys under Proprietors would come in competition with New York itself and outvote that part of the Province when united so that ⅓rd of the number of the Representatives for the Jerseys and 2/3rds for N. York (or thereabouts) seems a reasonable proportion. (8) This may be reasonable, but the proportion must be agreed on. (9) We have no objection in case those officers be no other than such as constitute a Court Baron or Court Leet in England. (10) This Article must be regulated by Acts of Parliament and the usage of N. York itself. (11) The Probate of wills is usually in the King's Governor, but he may appoint Commissaries for executing the same in any part of his government. (12) We have no objection, but that this power is usually in the Governor. (13) This Article may be reasonable, except as to the goods and chattels of traitors, fugitives, and persons outlawed, which is matter of State. Nor can right accruing to the Proprietors from the seas adjacent be well circumscribed. The grant of 1682 ought to be duly considered and such particulars therein as are proper allowed, without such a general and undetermined reference. Without date or signature. Endorsed, Agreed Nov. 28, 1699. Rough Draft. 4 pp. [Board of Trade. Proprieties, 4. No. 29; and 26. pp. 133–136.]
Nov. 28. 1,007. Minutes of Council in Assembly of Barbados. William Heysham sworn a Member of the Assembly for St. Michael's Parish and a Justice of the Peace. His Excellency recommended the Assembly to consider the debts of the island and ways and means to discharge them and to settle a fund for emergencies. The Assembly recommended to his Excellency's clemency, George Wells, commander of the ship De Grave galley, bound from Newfoundland to Cadiz, and obliged by a violent storm to put into Barbados badly damaged, that he should be allowed to sell some bread he has on board for the benefit of his owners. [Board of Trade. Barbados, 65. pp. 475, 476.]
Nov. 28. 1,008. Journal of Assembly of Barbados. Col. Maxwell chosen Speaker. Bill for securing the possession of negroes read for the first time. (And see preceding abstract.) [Board of Trade. Barbados, 65. pp. 455, 456.]
Nov. 29.
1,009. Council of Trade and Plantations to the King. We have received from Col. Blakiston two volumes of Acts of the General Assembly of Maryland, being drawn from the several former Laws of that Province and entituled, the one, "Perpetual Laws without limitation," the other, "Laws made in July, 1699," which we herewith humbly lay before your Majesty. But inasmuch as we find therein divers particulars which we conceive unfit to be allowed of by your Majesty, but which cannot be repealed as the said Acts are connected together, without the disallowance of the Act entituled, 'An Act ascertaining the Laws of this Province, which is in the volume of those made in July 1699, we take leave humbly to offer that your Majesty may be pleased to repeal and set aside the said Act, whereon all the others depend, there not appearing to us any inconvenience in so doing, since the former Laws of that Province will thereupon become in force, in such manner as they stood before the passing of the said Act. And whereas in an Act passed there July, 1696, entituled 'An Act for the service of Almighty God and the establishment of the Protestant Religion,' there is a clause declaring all the Laws of England to be in force in Maryland, this being a revival of a former Act and Clause to the same effect disallowed by your Majesty Jan. 4, 1695, and we, having thereupon received the opinion of your Majesty's Attorney General, that it seems not reasonable for all the Acts of Parliament in England to be made Laws of Maryland by a general clause of this Act, but that it seems more proper for the Assembly of Maryland, if there are any particular Acts in England which they desire to be enacted into Laws of that Province, to transmit them particularly that your Majesty may be enabled to consider whether such Acts are fit to be made Laws there or not, we do accordingly humbly offer that your Majesty be likewise pleased to repeal and annul this last mentioned Act. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill. [Board of Trade. Maryland, 9. pp. 436–439.]
Nov. 29.
1,010. Council of Trade and Plantations to the King, enclosing the draught of a Commission for Governor Sir William Beeston. Signed, Jon. Pollexfen, Abr. Hill, Stamford, Ph. Meadows, Wm. Blathwayt, Lexington. Annexed,
1,010. I. Commission for Sir William Beeston to be Captain General and Governor-in-Chief of Jamaica. [Board of Trade. Jamaica, 56. pp. 403–406.]
Nov. 29.
1,011. Governor the Earl of Bellomont to the Council of Trade and Plantations. I gave you an account, Oct. 24, of my taking Joseph Bradish and Tee Wetherley, and writ that I hoped in a little time to be able to send news of my taking James Gillam, the Pirate that killed Capt. Edgecomb, commander of the Mocha frigate for the East India Co., and that with his own hand while the Captain was asleep. Gillam is supposed to be the [man] that encouraged the ship's company to turn pirates, and the ship has been ever since robbing in the Red Sea and Seas of India. If I may believe the reports of men lately come from Madagascar, she has taken above £2,000,000 sterling. I have been so lucky as to take James Gillam and he is now in irons in the gaol of this town, and at the same time we seized one Francis Dole, in whose house he was harboured, who proves to be one of Hore's crew, one of Col. Fletcher's pirates, commissioned by him from N. York. Dole is also committed to gaol. My taking of Gillam was so very accidental, one would believe there was a strange fatality in that man's stars. On Saturday, 11th inst., late in the evening, I had a letter from Col. Sanford, Judge of the Admiralty Court in Rhode Island, giving me an account that Gillam had been there, but was come towards Boston a fortnight before, in order to ship himself for some of the Islands, Jamaica or Barbados; that he was troubled he knew it not sooner and was afraid his intelligence would come too late to me; that the messenger he sent knew the mare Gillam rode on to this town. I was in despair of finding the man because Col. Sandford writ to me that he was come to this town so long a time as a fortnight before that. However, I sent for an honest constable I had made use of in apprehending Kidd and his men, and sent him with Col. Sandford's messenger to search all the inns in town for the mare, and at the first inn they went to they found her tied up in the yard. The people of the inn reported that the man that brought her thither had lighted off her about a quarter of an hour before, had then tied her, but went away without saying anything. I gave orders to the master of the inn that if anybody came to look after the mare, he should be sure to seize him, but nobody came for her. Next morning, which was Sunday, I summoned a Council, and we published a proclamation wherein I promised a reward of 200 [pieces of eight] for the seizing and securing Gillam, whereupon there was the strictest search made all that day and the next that was ever made in this part of the world, but we had missed of him, if I had not been informed of one Capt. Knot as an old pirate, and therefore likely to know where Gillam was concealed. I sent for Knot and examined him, promising him, if he would make an ingenious confession, I would not molest him. He seemed much disturbed, but would not confess anything to purpose. I then sent for his wife and examined her on oath apart from her husband, and she confessed that one who went by the name of James Kelly had lodged several nights in her house, but for some nights past he lodged, as she believed, in Charlestown, cross the river. I knew he went by the name of Kelly. Then I examined Capt. Knot again, telling him his wife had been more free and ingenious than him, which made him believe she had told all, and then he told me of Francis Dole in Charlestown, and that he believed Gillam would be found there. I sent half a dozen men immediately over the water to Charlestown and Knot with 'em; they beset the house and searched it, but found not the man, Dole affirming he was not there, neither knew he any such man. Two of the men went through a field behind Dole's house and passing through a second field they met a man in the dark (for it was 10 o'clock at night) whom they seized at all adventures, and it happened as oddly as luckily to be Gillam; he had been treating two young women some few miles off in the country and was returning at night to his landlord Dole's house. I examined him, but he denied everything, even that he came with Kidd from Madagascar, or ever saw him in his life; but Capt. Davies who came thence with Kidd, and Kidd's men, are positive he is the man and that he went by his true name Gillam all the while he was on the voyage with 'em, and Mr. Campbell, Postmaster of this town, whom I sent to treat with Kidd, offers to swear this is the man he saw on board Kidd's sloop under the name of James Gillam. He is the most impudent, hardened villain I ever saw. That which led me to a search after this man was the information of William Cuthbert, which I sent your Lordships with my packet of July 26th, wherein he says that it was commonly reported that Gillam had killed Capt. Edgecomb with his own hands, that he had served the Mogul, turned Mohammedan and was circumcised. I had him searched by a surgeon and a Jew in this town: they have both declared on oath that he is circumcised. I recommend the perusal of the evidence J enclose as what will inform you of the strange countenance given to pirates by the Government and people of Rhode Island. In searching Capt. Knot's house [a sma]ll trunk was found with some remnants of E. India goods and a letter from Kidd's wife to Capt. Thomas Pain, an old pirate living on Canonicot Island in Rhode Island government. He made an affidavit to me when I was at Rhode Island that he had received nothing from Kidd's sloop, when she lay at anchor there, yet by Knot's deposition he was sent with Mrs. Kidd's letter to Pain for 24 ounces of gold, which Knot accordingly brought, and Mrs. Kidd's injunction to Pain to keep all the rest that was left with him till further order was a plain indication that there was a good deal of treasure still behind in Pain's custody. Therefore I posted away a message to Gov. Cranston and Col. Sanford to make a strict search of Pain's house before he could have notice. It seems nothing was then found, but Pain has since produced 18 ounces and odd weight of gold, as appears by [Gov.] Cranston's letter, Nov. 25, and pretends 'twas bestowed on him by Kidd, hoping that may [pass for] a salvo for the oath he made. I think 'tis plain he foreswore himself and I am of opinion he has a great deal more of Kidd's goods still in his hands, [but] he is out of my power and being in that government I cannot compel him to deliver up the [rest]. Your Lordships will find in Capt. Coddington's narrative, sent with my report Nov. 27, an inventory of gold and jewels in Gov. Cranston's hands, which he took from a pirate. I see no reason why he should keep them, [but] so far from that, that he ought to be called to an account for conniving at the pirates making that Island their sanctuary, and suffering some to escape from justice. If there be an order sent to him to deliver all goods and treasure which he has at any time received from privateers or pirates into my hands for the use of his Majesty, and that upon oath, I will see the order executed and give a faithful account thereof. Four poundsweight of the gold brought from Gardiner's Island, which I formerly acquainted your Lordships of, and all the jewels belonged to Gillam, as Mr. Gardiner's letter to Mr. Dummer, a merchant in this town and one of the Committee appointed by me and the Council to receive all the treasure brought in Kidd's sloop, will prove, and there is some proof of it in Capt. Coddington's narrative and Capt. Knot's deposition. I am told that as Vice [Admiral] of these provinces I am entitled to ⅓ part of Gillam's gold and jewels; I know not wh[ether I] am or no, but if it be my right I hope you will represent to the King accordingly. 'Tis a great prejudice to the King's [service] that here is no revenue or other fund to answer any occasion of his Majesty's. I [have been] forced to disburse the 200 pieces of eight out of my own little stock, and also to defray my expenses in going to Rhode Island to execute the King's Commission; both accounts I now send and beg your Lordships' favour in promoting. Capt. Gullock tells me that 15 or 16 of the ship's company that would not be concerned with Gillam went home in the America belonging to the E. I. company. I should think an advertisement in the Gazette requiring some of those men to appear before one of the Secretaries of State to give their evidence would be proper.
Your Lordships will meet with a pass among the other papers to Sion Arnold, one of the pirates brought from Madagascar by Shelley of N. York, signed by Governor Basse, which is a bold step in Basse after such positive orders as he received from Mr. Secretary Vernon, but I perceive plainly the meaning of it, he took several pirates at Burlington in West Jerzey and a good store of money with them as 'tis said: and I dare say he would be glad they [? should] escape, for when they are gone who can witness what money be seized with 'em? I know the man so well that I verily believe that's his plot. John Carr mentioned in some of the [?papers to] be in Rhode Island was one of Hore's crew. There are abundance of other pirates in that island at this time, but they are out of my power. Mr. Brinley, Col. Sanford, and Capt. Coddington are honest men and of the best estates in the island, and because they are heartily weary of the maladministrations of that Government, and because I commissioned 'em, by virtue of H.M. Commission to me, to [make] enquiry into the irregularities of those people, they are become strangely odious to 'em and are often affronted by 'em; neither will they make 'em Justices of the Peace, so that when they would commit pirates to gaol, they are forced to go to the Governor for his warrant, and very [comm] only the pirates get notice and avoid the warrant. Gardiner, the Dep. Collector, is accused to have been once a pirate, in one of the papers enclosed. I doubt he will forswear himself rather than part with Gillam's gold which is in his hands. 'Tis impossible for me to transmit to the Lords of the Treasury these proofs against Gardiner, being so jaded with writing, but I could wish they were made acquainted with his character and would send over honest, in[tellige]nt men to be Collectors of Rhode Island, Connecticut and N. Hampshire, and that they [would] hasten Mr. Brenton hither to his post or send some other Collector in his room. I could wish Mr. Weaver were ordered to hasten to N. York. Captain Knot in one of his depositions accuses Gillam to have pirated four years together in the South Sea against the Spaniards. We have advice that Burk, an Irishman and pirate, that committed sea-robberies on the coast of Newfoundland, is drowned with all his ship's company, except 7 or 8, somewhere to the southward, in the hurricane about the end of July or the beginning of Aug. last. 'Tis good news, he was very strong and said to have had a good ship with 140 men and 24 guns. Bradish and Wetherley have a slight extraordinary in attempting to escape. They [have made] two attempts since they were last committed; once they broke the floor of the prison, but that way failing them, within a night or two they filed off their fetters, upon which I ordered 'em to be manacled and chained to one another. I believe this new gaoler I have got is honest; otherwise I should be very uneasy.
I am in some perplexity about the Indians on all hands, as well the Eastern Indians that troubled this Province all the last war as the Five Nations on 'tother side of N. York. Capt. Davies, that has used a trade with the Eastern Indians a great many years, came from Casco Bay 'tother day, where there was a rendezvous of about 200 of them. They talked high and asked why I did not propose a peace to them, and whether I meant to dispose of their land without their consent. Capt. Davies had a few bottles of rum for his own use, and they took it from him forcibly. Nobody doubts but that the French missionaries prompt 'em to this insolence, and how to help it I cannot tell. The most natural and proper way would be to send Protestant ministers among 'em, but I can find none that will go and live among and teach the Indians Christianity. I have offered £100 a year to go and preach to the Five Nations, but they would not go. If some speedy course be not taken we shall lose them. I could wish the Corporation in London for propagating the gospel among the Indians would encourage some young divines of the Church of England of good sober lives to come over on that account. I say young, because 'tis absolutely necessary they should learn the Indian tongue, which men in years can never do. If the Corporation will allow £80 a year a piece to five ministers, I will, with the King's leave, make it up to £100 a year a piece out of the revenue of N. York. The Corporation pin us down to the employing men for that work that have been bred in this College, which I do not like. To show how industrious the French are to make advantage of our neglect of the Indians in the point of sending ministers to instruct 'em in the Christian religion, I send a letter I received this week from Monsieur de Brouyas, Superior of the Jesuits at Montreal. He and Major de la Vallière with the Major's son came to me when I was at Rhode Island with a compliment from Monsieur de Calliere to notify to me his accession to the Government of Canada. I thought it a strained compliment and princely; and could have been very well content he had spared the ceremony, rather than have sent me a Jesuit, who of all men living are the least admired by me, but so it fell out and I could not help it. They stayed with me four days and then returned to Canada by way of Albany. The Jesuits' letter is full of insinuation, but that makes not the least impression on me. I am sure if we suffer French missionaries among our Indians, we lose 'em, and the best way to prevent it is to send Protestant ministers to live among 'em. The Indians passionately desire to have ministers to instruct 'em in the Christian religion and to have a fort built in the Onnondages' country: if both these desires be not complied with this next summer, I shall have little comfort in staying in America, for I shall look on the Five Nations as lost from us irrevocably, and that would be a great prejudice to the interest of England. The Onnondages are in the center of the Five Nations and their castle stands on the Mohack River very convenient to be fortified, and when fortified to bridle the French fort of Cadaracque and cover our Indians from their excursions, which have very much terrified ours all this late war. I have not yet spoke to Col. Romer about this particularly, but I fancy a fort of good sod-work and well stockaded would suffice and not cost £2,000, and there I should advise the keeping 100 men constantly in garrison. This would draw English families to settle there, and then there would be no occasion for putting a minister upon such a self-denial as now it appears to 'em to be. Besides, if the design of making tar and pitch be carried on, the 100 men may as well be employed at the Onondage's Castle in that work as they could be at Albany, for there will be a water carriage all the way to York. Major de la Vallière that came to me to Rhode Island seemed to be a very sensible man, and, because I had heard from the Eastward that there had been a French man-of-war that brought an Engineer to survey all that coast this last summer, I was curious to know the truth of it. He told me it was true and that the King, his master, intended next summer to have three forts built there on that coast, which were to be three Governments, and they to have a General Governor over 'em; that the King, his master, was very fond of that design and made great account of that country. This he told me on Sunday, Sept. 24. 'Twas so remarkable that I noted it down in my table-book. If our fishing and our navigation be things useful and valuable to us, then certainly we ought to take such timely measures as to maintain this country against the French, to which end two things are principally necessary, cherishing the Indians and building good forts in convenient places. When Col. Romer has prepared the plans of those parts of the coast to the eastward, which he thinks proper for forts, I shall trouble your Lordships further on this subject. I produced Capt. Davies' memorial to the Council last Council day and urged all I could their sending supplies to those Indians with all possible speed and at the cheapest rates their goods could be afforded, but I doubt the severity of the weather will prevent their doing so. Signed, Bellomont. I send a deposition by Will. Trenwith about the insolence of the Scotch at Caledonia. I hope my journal and report about Rhode Island (Nov. 27th) will meet with your approbation. It has been a very troublesome work. I cannot without injustice to Mr. Secretary Addington pretermit to acknowledge the advantage I have had of his assistance; he is a judicious man and has a good talent in doing business; I take him to be very well affected to the Crown and Government of England. Holograph. Closely written. 7 pp. Edges torn. Endorsed, Recd. Jan. 19th. Read Feb. 9th, 1699/1700. Enclosed,
1,011. I. Abstract of preceding. 2½ pp.
1,011. II. Affidavit of Jno. Cutler, Chirurgion, that James Gillam was circumcised. Boston, Nov. 16, 1699. Copy. ½ p. Endorsed, Recd. Jan. 19, 1699/1700.
1,011. III. Affidavit of Joseph Frazon that Gillam had been circumcised but not after the manner of the Jews. Boston. Nov. 29, 1699. Copy. ½ p. Same endorsement.
1,011. IV. Francis Brinley, Newport, Aug. 10, 1699. I am old and weak and have no part in public affairs. There is a general averseness to seizing pirates here, the sweetness of gain having drawn many aside. Quakerism is in the ascendant in the Government here, and Quakerism and good Government are not compatible. Copy. 1 p. Same endorsement.
1,011. V. Col. Peleg Sanford to Lord Bellomont, Newport, Aug. 10, 1699. Edward Sands carried Gillam away westward in a small boat from Block Island. I urged the Governor for assistance unto the Marshall for searching for Gillam and India goods, which he granted in two warrants directed unto the Constables; one was sent unto Jamestown before any notice given the Marshall, and that very warrant which they were to search for goods by. It's said the warrants were to have gone together, but by mistake it was too soon sent over—wilfully I judge. There was also a warran granted for seizing Joseph Palmer, after he was seized and sent a prisoner to Marshal Dyre, although he had been publicly about town several days before, never questioned, etc. Copy. 1 p. Same endorsement.
1,011. VI. Copy of a pass granted by Gov. Basse to Sion Arnold, a pirate. Aug. 12, 1699. 1 p. Same endorsement.
1,011. VII. Nathaniel Coddington to Lord Bellomont. Newport, Aug. 14, 1699. Account of his endeavours to seize Gillam and the assistance given him to escape. Copy. 2¾ pp. Same endorsement.
1,011. VIII. Peleg Sanford to Lord Bellomont. Newport, Aug. 16, 1699. On the same subject as preceding. Copy. 1¼ pp. Same endorsement.
1,011. IX. Depositions (a) of Sarah Sands (b) of Mary Sands, (c) of Edward Sands, as to the favour shown to Gillam by the Governor of Rhode Island, Gardiner, the Dep. Collector, and John Carr. Aug. 7–10, 1699. Copy. 2½ pp. Same endorsement.
1,011. X. Robert Gardiner's account of his dealings with Gillam. Sept. 22, 1699. 2 pp. Copy. Same endorsement.
1,011. XI. Deposition of Nathaniel Mott as to Gillam being harboured by Robert Gardiner, the Collector, and his reception at Rhode Island. Aug. 11, 1699. Copy. 1 p.
1,011. XII. Evidence of Christopher and Joan Hargil, Newport, Nov. 1, 1699, about Gillam. Copy. 1 p. Same endorsement.
1,011. XIII. Evidence of Richard Cornish, Newport, Nov. 3, 1699. Copy. 1 p. Same endorsement.
1,011. XIV. Evidence of Sion Arnold, Newport, Nov. 4, 1699. Copy. 1 p. Same endorsement.
1,011. XV. Peleg Sanford to Lord Bellomont. Newport, Nov. 8, 1699. Commissions immediate from the King are regarded by this Government as an infringement of Charter privileges and persons accepting them as enemies of their free state. I enclose evidence of the entertainment of pirates here. Copy. 1 p. Same endorsement.
1,011. XVI. Peleg Sanford to Lord Bellomont, Newport, Nov. 9, 1699. It is now received as if James Gillam is in Boston. Copy. ½ p. Same endorsement.
1,011. XVII. Examination of Andrew Knott, Boston, Nov. 13th, 14th, 1699. Kelley, alias Gillam, lodged a night or two in his house three weeks since. He had known him 16 years since in Virginia, and sailed in the same ship with him thence, John Cooke, commander, to the South Seas, where in four years they took about 16 prize ships from the Spaniards. Copy. 2 ½ pp. Same endorsement.
1,011. XVIII. (1) Mrs. Kidd to Capt. Payen, Boston Prison, July 18, 1699. I would desire you to deliver to the bearer 24 ounces of gold and to keep all the rest you have in custody, for it is all we have to support us in time of want. Signed, Sarah S. K. Keede. Copy. ½ p.
1,011. XVIII. (2) Deposition of Andrew Knott that by virtue of the above letter he fetched the gold for Kidd from Capt. Tho. Payne on Connonicut Island. Copy. 1½ pp. Same endorsement.
1,011. XIX. John Gardiner to Jeremiah Dummer. Gardiner's Island alias the Isle of Wight, Aug. 19, '99. Gillam came to my house and swore he would be revenged on me for carrying his gold and precious stones to my Lord. Copy. 1 p. Same endorsement.
1,011. XX. Deposition of Henry Blake, Boston, Nov. 21, 1699, about Robert Gardiner having Gillam's treasure in his custody. Copy. ½ p. Same endorsement.
1,011. XXI. Memorandum of things left by Gillam with Mr. Gardiner. Capt. Knott's affidavit thereto. Boston, Nov. 21, 1699. Copy. 1 p. Same endorsement.
1,011. XXII. John Nelson and Silvanus Davies to Lord Bellomont, Boston, Nov. 24, 1699. We recommend the sending of supplies at cheap rates to the Indians at the Eastward, and the erection of forts to maintain our boundaries with the French. Also that strict measures be taken against all private traders, especially in selling any kind of liquors. That all prudent means be taken for the removal of the French Missionaries. Copy. 2 pp. Same endorsement.
1,011. XXIII. Deposition of William Trenwich, Nov. 18, 1699. In March deponent went on shore at Caledonia with eight men from the sloops commanded by Capt. Richard Moon and Capt. Mathias. They were immediately secured and kept under arrest for 24 hours. Copy. 1 p. Same endorsement.
1,011. XXIV. Lt. Gov. of New York to Lord Bellomont, enclosing preceding deposition. Nov. 18, 1699. Copy. ¼ p. Same endorsement.
1,011. XXV. Le Chevalier de Callière to Governor the Earl of Bellomont. Montreal, Sept. 9, 1699. I send M. de la Vallière and Father Bruyas to announce my appointment as Governor of Canada. I am sure you will restore to these gentlemen the prisoners remaining in your Colony, as M. de Frontenac restored yours, and so maintain the concord which our Royal Masters command. Copy. French. 2½ pp. Same endorsement.
1,011. XXVI. Governor the Earl of Bellomont to M. de Callière. Newport, Sept. 23, 1699. I thank you for the honour you have done me. I had already written a month ago to express my pleasure at your appointment. If there are any Frenchmen still prisoners with our Indians, I will order my L.G. of New York to set them at liberty as soon as possible. One Sarah Rand has petitioned me to beg you to restore an English girl named Lydia Langley, taken by your Indians five years ago, now at Montreal. M. de Maricourt, she says, knows the girl. Signed, Bellomont. Copy. ¾ p. French. Same endorsement.
1,011. XXVII. M. de la Vallière to Lord Bellomont, Oct. 11, 1699. Letter of thanks for his reception. Copy. 1 p. French. Same endorsement.
1,011. XXVIII. J. Bruyas (de la compagnie de Jesus) to Lord Bellomont. Albany, Oct. 13, 1699. After thanks for his reception, he asks for permission to continue his mission among the Iroquois, interrupted by the war. M. Andros encouraged his mission among the Maquas. Copy. 3 pp. Same endorsement. [Board of Trade. New England, 10. Nos. 4, 4 I.–XXVIII; and (without enclosures), 37. pp. 310–334.]
Nov. 29. 1,012. Minutes of Council in Assembly of Barbados. Patrick Mein moved to be admitted to sit in chancery, on producing His Majesty's letter granting him leave of absence as Councillor. Referred to the Attorney and Solicitor General to report whether, being a native of Scotland, Mr. Mein is qualified according to the Act for preventing frauds, etc., to sit in Chancery. Lt. Col. Richard Downes was appointed Treasurer and took the oaths appointed, after his bond for £4,000 had been read; his securities, John Hallett and Christopher Estwicke. Charles Thomas appointed comptroller. [Board of Trade. Barbados, 65. pp. 476, 477.]
Nov. 29. 1,013. Journal of Assembly of Barbados. Bill for securing the possession of negroes referred to a Committee. Resolved to raise £10,000 to defray the public debts and to consider ways and means of raising it. William Heysham granted leave to bring in a Bill to remit the Powder Duty from vessels that put in here by extremity of weather or want of food and water, and that small vessels, trading with the American parts, be not compelled to pay it more than once a year. Ordered that George Peers and William Heysham consider what men may be sufficient to guard the magazine and how such soldiers shall be paid. Address for empowering the Treasurer to make sale of the servants placed on the Country passed. [Board of Trade. Barbados, 65. pp. 456, 457.]
Nov. 29.
1,014. Journal of Council of Trade and Plantations. Letters to Lord Bellomont, Col. Nicholson and Col. Blakiston ordered, to be sent forward by Dr. Bray.
Representation with Sir W. Beeston's Commission signed.
Representation upon the Laws of Maryland signed.
Nov. 30. Letters ordered yesterday signed.
Petition of the Marquis de la Muce and Mr. Charles de Sailly, asking for a portion of the Breef-money to help French refugees to settle in Carolana Florida, read. Their Lordships replied that they had not the disposal of that money, and advised them not to engage themselves in the projected settlement till H.M. will was known.
Letter from Mr. Secretary Vernon, Nov. 30, about the recovery of Kid's goods read. Draught of Instruction to Col. Codrington prepared accordingly.
Mr. Samuel Clark presented a petition of the Hudson's Bay Company. Being sensible, upon discourse, that the prayer of their petition is not properly to be complied with in the manner they have expressed it, they declared their intention to petition his Majesty himself, and acquiesced in their Lordships' assurance of their readiness to give them all the assistance they can.
Letter to the Earl of Jersey about Capt. Norris signed.
Dec. 1. Letter to the Earl of Jersey about a ship fitting out at Venice for Guinea signed. [Board of Trade. Journal, 12. pp. 265–269; and 96. Nos. 191–193.]
Nov. 30.
1,015. Governor the Earl of Bellomont to Mr. Popple. I desire you will please to have my letter to Mr. Locke safely delivered to him. I never longed to hear from England so much as now. 'Tis a long time since I have heard from your Board. These pirates I have in gaol make me very uneasy. I would give £100 they were all in Newgate. In reading my letters to the Board I hope you will observe the priority of their dates, except you think the last (Nov. 29th), giving the news of my taking that arch-pirate Gillam will be pleasing to them. I enclose the account of my disbursements in the King's service; please solicite the Lords of your Board that the money may be paid to Sir John Stanley for my use. Signed, Bellomont. Endorsed, Recd. Jan. 19th, Read Feb. 9th, 1699/1700. 1 p. Enclosed,
1,015. I. Account of disbursement on journey to Rhode Island etc. £71 17 3
Paid for the taking of James Gillam the Pirate, Nov. 13th, 1699 £60 0 0
Total in N. England money £131 17 3
A true account. Signed, Bellomont, Nov. 28, '99 1 p. [Board of Trade. New England, 10. Nos. 5, 5 I.; and 37, pp. 335, 336.]
Nov. 30.
1,016. James Vernon to Council of Trade and Plantations. I enclose an extract of my Lord Bellomont's letter, giving an account of several parcels of Kid the pirate's plunder that have been carried to Curaçoa and the island of St. Thomas. His Majesty desires instructions to be given to Col. Codrington to use his endeavours for the recovering of the said goods, in order to the sending them hither, consigned to the Lords of the Treasury, and if Bolton or Burt, who were the managers of this commerce, with Kidd, and the abettors of his piracys, shall be found in the Leeward Islands, that they be strictly prosecuted for the same. Signed, Ja. Vernon. Endorsed, Recd. Read Nov. 30, 1699. Enclosed,
Sept. 8.
1,016. I. Extract of a letter from the Earl of Bellomont to Mr. Vernon. I have got some more goods of Kidd's plunder into my hands, as you will see by the copy of my letter to the Council of Trade of the 28th of last month. You will see by that letter what a strange embezilment Mr. Henry Bolton of Antegoa has made of the cargo in the ship Quidah Marchant, and what a knave and fool Kidd must be to let Bolton run away with so much profit; if Col. Codrington be gone to his government of the Leeward Islands, a letter to him to prosecute Bolton may not be amiss. By John Ruggles' memorial which I send you about Bolton's getting £6,000 for his share out of that ship's cargo, you will find it was reported at Nevis that Bolton was removed to St. Thomas' Island under the Danes, and if it be true, without doubt he is gone there to be from under the power of our calling him to an account for his confederating with Kidd and imbezzelling the cargo. Therefore I should think a smart letter writ by you to that Governor to deliver Bolton and Burt up to justice, for Burt as well as Bolton has partaked of the goods on board the Quidah, and that largely, as I am informed; and Burt dwells at St. Thomas's. That Governor dares not disoblige the Court of England, his whole being depending on the islands belonging to His Majesty. I sent the St. Antonio sloop, which I took from Kidd, in quest of Bolton and Burt. She sailed hence the 2nd of last month for Antego. I writ to Col. Yemans, Lieut.-Governor of that Island, what account I had of Bolton's purloining the goods on board the Quidah; and sent him copies of the Lords Justices of England's and your Orders to secure Kidd, his associates and their effects. I ordered the sloop from thence to go to St. Thomas's Island, and writ to that Governor and sent him copies of my orders, and desired him to seize and secure Burt with the effects he had got on board the said ship. From thence the sloop was ordered to the place where Kidd left the ship, to see if anything could be recovered that was in the said ship. Thence she was to sail to Jamaica with my letter to Sir Wm. Beeston and copies of my said orders, and lastly to Curacoa, where the goods were sold by Bolton and Burt, with my letter also to that Governor, and copies of my orders. The fitting out the said sloop and all this circular voyage will not stand me in above £300, and certainly 'tis worth laying out that sum on such an experiment. 2½ pp. [Board of Trade. Leeward Islands, 6. Nos. 45, 45 I.; and 46. pp. 13–15–17.]
Nov. 30. 1,017. Attorney General to Council of Trade and Plantations. I have perused the forms of oaths, commissions, etc., used in Virginia and find no objection in law against any of them. Signed, Tho. Trevor. Endorsed, Recd. Read Jan. 4, 1699. [Board of Trade. Virginia, 8. No. 2; and 37. p. 368.]
Nov. 30.
1,018. Order of King in Council. Repealing the Act for the service of Almighty God etc. and an Act for ascertaining the laws of this Province, passed in Maryland, 1696 and 1699. Signed, John Povey. Endorsed, Recd. Dec. 4, Read Dec. 5, 1699. [Board of Trade. Maryland, 3. No. 77; and 9. pp. 441–443.]
Nov. 30
1,019. Mr. Secretary Vernon to [? Governors Winthrop, Stoughton and Cranston. See No. 343.]
His Majesty being informed that you have secured the effects of some pirates that were returned from the East Indies, approves of your diligence, and commands you to put them into the hands of the Earl of Bellomont, to whom he has sent his orders about sending home Kid and other pirates. My Lord Bellomont has made a voluntary offer to transmit his account upon oath of all the goods he shall receive as belonging to pirates, and His Majesty thinks it fit that those to whose hands any of the said goods are come should deliver their account in the same manner. Copy. No address or endorsement. ¾ p. [Board of Trade. New York, 9. No. 4.]
Nov. 30. 1,020. Oliver, Marquis de la Muce, and M. Charles de Sailly to the Council of Trade and Plantations. Many distressed Protestant refugees from France would readily embark to settle in Carolana Florida if the Board would help the Petitioners to advance the charge necessary for their transport and settlement. Endorsed, Recd. Read Nov. 30, 1699. 1 p. [Board of Trade. Proprieties, 4. No. 30.]
Nov. 30.
1,021. Order of King in Council approving the draught of a Commission to Sir William Beeston and directing one to be prepared accordingly. Signed, John Povey. Endorsed, Recd. Read Dec. 14, 1699. [Board of Trade. Jamaica, 9. No. 2; and 56. p. 409.]
Nov. 30.
1,022. Mr. Burchett to Mr. Popple. My Lord(s) of the Admiralty having received a letter from Capt. Cole at Algiers, wherein he gives an account that the Dey, notwithstanding his frequent applications to him, does positively refuse to permit his delivering counterparts of the passes granted by their Lordships to the ships of that Government as has been usual, but desires instead that all ships of H.M. subjects may trade without passes for the space of 18 months, in which time he hopes that some effectual means may be found out for supplying the ships therewith which belong to the Plantations, and trade from thence in the way of the Algerines, as well of [sic ? as] those which go directly from thence or Ireland, and the Consul informing their Lordships that the Dey insists that ships trading from one Plantation to another or from any of them to other parts where they may be met with by the ships of his Government, should, as soon as may be, be furnished with such passes, the better to secure them and to prevent any misunderstanding between His Majesty and those people, and their Lordships having discoursed Vice-Admiral Aylmer about this matter, who was some time since negotiating the same with the Dey of Algiers, and been informed by him that the reason of that Government's desiring that our ships may all trade without passes, till such time as those in the Plantations can likewise be furnished therewith, is the good inclinations they have to keep inviolable the present peace, which they are apprehensive may be infringed, in case some trade with passes and others not, I am commanded to signify the same to you. As my Lords do not think it safe the ships which trade from hence or Ireland should proceed on their respective voyages either to the Streights or elsewhere in the way of the Algerines without the usual passes, lest those rovers should under that pretence seize them as prize, so they think it very advisable that the ships trading among the Plantations should be likewise furnished therewith as soon as 'tis possible, and therefore desire my Lords of the Council of Trade and Plantations will give them their opinion through whose hands in the respective Plantations the said Passes ought to pass to the Masters of Ships belonging to them, and what rules and instructions may be most properly given for the obliging those persons entrusted with the passes, as well as the Masters to whom they shall be from time to time delivered, to make a right use and application thereof, that the ships of H.M. subjects may not suffer prejudice by foreigners trading under the protection of the said passes, which their Lordships are very apprehensive of. Signed, J. Burchett. Annexed,
1,022. I. Copy of a letter from Mr. Robert Cole, Consul for the English nation at Algiers, dated Sep. 6, 1699, referred to in the foregoing letter and giving an account of his negotiations with the Dey. [Board of Trade. Trade Papers, 14. pp. 380–385.]
Nov. 30.
1,023. Council of Trade and Plantations to the Earl of Jersey. Capt. Norris desires to be rewarded for his particular service on land in Newfoundland, which belonged not to his commission as Commander in Chief at sea. He discharged his duty with great care. Signed, Earle of Stamford, Sir Philip Meadows, Wm. Blathwayt, Jno. Pollexfen. [Board of Trade. Newfoundland, 25. pp. 336, 337.]
Nov. 30. 1,024. Hudson's Bay Company to Council of Trade and Plantations. The Company set forth an ample state of their case July 3. Finding the design of the French to encroach more and more upon them, they now represent as briefly as they can the substance of their case. The title of the Crown of England to all Hudson's Bay has been made out and deduced for above 200 years. The Company in prosecution of the rights granted them by Charles II. and in procuring a great trade have been at above £200,000 charge besides losses in voyages and depredations of the French of above £120,000 more. In 1682 the French first invaded the English at their factory at Fort Nelson by a private piratical expedition, afterwards disowned. This was the first time that ever the French came into Hudson's Bay. In 1686 in time of peace they surprised 3 factories at the bottom of the Bay and murthered several Englishmen and took away above £50,000 sterling in beaver skins, etc. In 1687 King James pressed for reparation in full, but the Revolution prevented the Company receiving satisfaction. April, 1689, King William made the injuries done the Hudson's Bay Company one of the principle articles of his declaration of war against the French. In 1692 the Company during the war, at the expense of £20,000, recovered their factories at the bottom of the Bay and in 1696 their factory of Port Nelson, called York Fort, they recovered with the aid of two men-of-war, but at the moment of the conclusion of the Peace of Ryswick the French retook it and remain possessed of it. The secret insinuations of the French have greatly interfered with the Company's trade with the Indians. Signed, Samuel Clarke, Deputy Governor, John Nicholson, John Pery, John Bromwell, Samuel Pitts, R. Nicholas, Step. Evance. Endorsed, Recd. Read Nov. 30, 1699. 2 pp. [Board of Trade. Hudson's Bay, 2. No. 24; and 3. pp. 81–86.]
Nov. 30.
1,025. Council of Trade and Plantations to Governor the Earl of Bellomont. We have lately received many letters from your Lordship and shall give particular answers to all of them with what speed we possibly can. In the meantime we send a letter from His Majesty relating to pirates (though it be not the main thing intended on that subject) through Dr. Bray. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen. [Board of Trade. New England, 37. pp. 189, 190; and New York, 53. pp. 375, 376.]
Nov. 30.
1,026. Similar letter to Governor Blakiston. [Board of Trade. Maryland, 9. p. 440.]
Nov. 30.
1,027. Similar letter to Governor Nicholson. [Board of Trade. Virginia, 37. pp. 364, 365.]