America and West Indies: March 1700, 21-29

Pages 130-144

Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700. Originally published by His Majesty's Stationery Office, London, 1910.

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March 1700

March 21. 240. Minutes of Council of Massachusetts Bay. Thomas Hinckley having exhibited objections to the report of the Commissioners concerning the right of Tatamunuck, alias Tatamunnah, an Indian, to 1,000 acres of land at or about Seconett in the County of Bristol (Aug. 24, 1699), ordered that the Attorney General enquire after any lands belonging to the Province in those parts and not lawfully and regularly disposed of or appropriated by the Government, and to bring writs of intrusion against those that have possessed themselves thereof. [Board of Trade. New England, 49. p. 278.]
March 21. 241. Minutes of Council in Assembly of Massachusetts Bay. Bills for Trading Houses for the Indians and in addition to the Act for building in stone at Boston amended, passed and sent down.
March 22. Bills, to prevent the deserting of the Frontiers; against deserters ; repealing part of the Act establishing precedents; passed by the Representatives and sent up, were passed and received His Excellency's consent.
Bills directing the proceedings in the removal of forcible entries, etc.; and granting unto His Majesty a tax upon polls and estates, were sent up, read twice, committed, and sent down with amendments. The latter, with amendments agreed on, was passed.
Two private Bills, relating to Peter Papillio, late of Bristol, and Bilrica Bridge, of Middlesex, sent up, read twice, committed. and passed.
Report of a Committee, appointed by the General Assembly for settling a boundary for the precincts of the two meeting-houses in Watertown, was read and referred to the next Assembly, the former order about ceasing all actions, etc., in the interim to remain in force. This order sent down to the House of Representatives for concurrence.
Petition of the inhabitants of Newton, praying to be freed from the Town of Cambridge, and that they may not stand under obligation any further to contribute towards Cambridge bridge, sent up from the House of Representatives, whose resolve, that the Town of Newton be heard before this Court some time next session, was agreed to.
Allowances granted to Joseph Benjamin and Peter Legrove wounded in His Majesty's service. [Board of Trade. New England, 49. pp. 323–326.]
March 21. 242. John Thurston to Mr. Popple. I pray you to move the Board that one of the men of war appointed for Newfoundland may carry the money paid over to me and the necessaries provided for the company of Foot there. The ships will sail in two or three days. Signed, John Thurston. Endorsed., March 21, 1699/1700. Copy. ½ p. Written below,
March 21.
242. i. William Popple to Mr. Burchett, enclosing above, and desiring that the Admiralty be moved to direct according. Signed, W.P. ½ p. [Board of Trade. Newfoundland, 4. No. 11; and 25. p. 375.]
March 22.
243. J. Burchett to Mr. Popple. In all probability the ships are sayled from Nore to Spithead. But in case the money and necessarys (referred to above) can be hastened down to Portsmouth so as to be there in 48 hours after the orders arrive with Capt. Fairborne, which will be sent this night relating to the same, he is directed to take it on board. Signed, J. Burchett. Endorsed., Recd. Read March 22, 1699/1700. 1 p. [Board of Trade. Newfoundland, 4. No. 12; and 25. p. 376.]
March 22.
244. Answer of the Council of Trade and Plantations to the Order of the House of Commons, March 6. Quotes Commission of May 15, 1696. Enumerates measures taken and advised for protection of the woollen manufacture and trade in the East, etc., etc. Concludes:— As to H.M. Plantations, there are 20 several Colonies (besides Hudson's Bay and Newfoundland, in which last place there is no Governor,) each whereof have their distinct Governments, Councils and Assemblies, some of which Colonies are governed by His Majesty's immediate Commission and others by Proprietors and Charters. The business relating to these Plantations is managed by a constant correspondence with all the Governors appointed by H.M. immediate Commission and occasionally with all the rest; in the course whereof they send us Journals of their Council, Assemblies and other public proceedings, with accounts of all things whatsoever relating to each of their Governments, all which are considered by us for the necessary orders to be returned, and more particularly the many Acts or Laws of the several Assemblies fall under our examination; and after our consulting H.M. Council learned in the Law, as to the legal part, our reports are made thereupon to His Majesty in his Privy Council for his Royal assent or disallowance, with particular regard to the interest and improvement of the Trade of England as well as to the good of those Plantations. We have prepared draughts of Commissions and Instructions for all the Governors of H.M. Plantations. We have upon several occasions proposed to His Majesty the appointing of convoys for the Plantations and of ships of war necessary to protect their trade, and upon the complaints of the inhabitants there or merchants in England of hardships in the pressing of men and otherwise by Captains of men of war in those parts, we have presented unto His Majesty regulations therein, which have had a good effect. Upon information from the officers of H.M. Customs in the Plantations, and others, of the partiality of the people there, and more particularly in the Propriety Governments, in all trials upon the Acts of Trade wherein their private interest is concerned, we did represent the usefulness of Courts of Admiralty in the Plantations, upon which such Courts have been erected, and, where they have not been disputed, have proved of great encouragement to legal trade.
Being informed by many instances of the great countenance given to pirates in some of the Plantations, and chiefly in the Proprieties and Charter Governments, by fitting out their ships from thence and furnishing them with all sorts of provisions and ammunition, and receiving them with their plunder at their return, and acquitting them upon feigned trials, we did make several representations and proposed the enacting of laws there for the trial and punishment of pirates in conformity to a law heretofore passed in Jamaica to that effect, which having been refused in the Proprieties, we proposed as the only remedy for so great an evil the offering a Bill in Parliament for that purpose, wherein we consulted Sir Charles Hedges, Judge of H.M. High Court of Admiralty, by whose great care and assistance such a Bill has been prepared and is now lying before this honourable House.
And being further sensible of the great irregularities in the Proprieties and Charter Governments, not only in reference to illegal trade and piracy, but otherwise, we have upon several occasions represented the same to His Majesty, and an Act of Parliament having passed whereby the Governors are obliged to have His Majesty's approbation for acting in that capacity, we required all Proprietors and Governments to present their respective Governors to His Majesty, and in order to his approbation of them to give security for their due observing the Acts of Trade according to an address presented to His Majesty by the Rt. Hon. the House of Lords for that purpose. But all the Proprietors having declared [? declined] to give any such security and only to [? two] Charter Governments, Connecticut and Rhode Island, having lately done it in America, and not any one of those Governors being at present qualified by His Majesty's approbation of them as required by the Act, we do not see anything, without some further provision by Parliament, capable to reduce them to a more regular conduct and compliance with their duty in reference to the Trade of England. We have also upon occasion represented the misdemeanours of some Governors of Plantations acting by His Majesty's immediate Commission. We have made many representations in defence of His Majesty's title to several Islands in America, claimed by foreign Princes, of which on is a claim made by the Elector of Brandenburgh to the Island of New Tertholen, lying amongst H.M. Leeward Charibbee Islands; one made by the French King to the Island of Sta. Lucia lying among the Windward Charibbee Islands, and another to Tobago by the same and also by the Duke of Courland.
Our Representation to the House of Lords upon the Colony at Darien was, we presume, satisfactory; their Lordships having made an address to His Majesty to the same effect.
We have made several representations relating to the boundaries between H.M. Plantations and those of the French upon the Continent, particularly in the N.E. parts of New England, where they have endeavoured to encroach upon us, both as to the land and fishery. Upon controversies that have happened between some of H.M. Colonies and others, relating to their boundaries, especially between H.M. Governments and Proprieties, and upon different claims that have been set on foot to some whole Provinces, we have examined all their respective titles, and the necessary instruments have been given by His Majesty thereupon.
We have often represented the necessity of preserving the friendship of the Five Nations of Indians, which are a barrie between H.M. Plantations and Canada, by treating them kindly and shewing them a force constantly maintained in the Province of New York ready to protect them upon all occasions. We have applied ourselves to the promoting of the importation of Naval Stores from New England and other H.M. Plantations, and for the carrying on so good a design His Majesty has been pleased upon our applications to order the Navy Board to send Commissioners to New England who have been likewise joined with Commissioners of that Colony for the reviewing and inspecting the woods lying upon that coast, for providing H.M. Navy with masts and other necessary materials for building of ships, as also with pitch, tar and rozin, of which great quantities may be produced in those parts and some specimens of each, sent by the said Commissioners, are lately arrived and now under the examination of the Navy Board. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Trade Papers, 15. pp. 20–37.]
March 23.
245. Governor Grey to the Council of Trade and Plantations. Information having been given me, on Tuesday the 12th inst., that one George Duncan, a Scotchman, being at the house of Thomas Harrison, H.M. Clerk of the Crown and Peace, on the 10th, had spoke several seditious words against His Majesty, several depositions were taken by H.M. Attorney and Solicitor General, who on consideration thereof, 19th inst., by the Council, was ordered to prosecute. A scandalous book, entituled "The Defence of the Scotch Settlement at Darien, "having been lately sent over by some disaffected persons, has encouraged several of the people of that nation to take a greater liberty in talking than is fit for me to suffer, but the example which I believe will be made of this Duncan, and all Scotchmen being put out of the Commission of Peace, as by the 7th and 8th of the King are not qualified to act as such, will I hope be an effectual means to suppress the like insolencies in them for the future. Signed, R. Grey. Endorsed., Recd. June 5, Read June 7, 1700. 1 p. Enclosed,
245. i. Certificate that the following papers are true copies. Signed, R. Grey, Ed. Bedingfield. 1 p.
245. ii. Copy of minutes of Council of Barbados, March 12th–19th, 1700, with depositions of Benjamin Cryer, Rev. Richd. Hull, Thomas Harrison, clerk of the Crown and Peace, Robert Stillingfleet, John Green, Paul Lyte, John Mills, William Lyte. "Duncan, who was in drink, declared the Scotch were as good as the English, no subjects of King William, and that there would soon be a change." 8 pp. Endorsed as above. [Board of Trade. Barbados, 8. Nos. 47, 47.i., ii.; and (without enclosures), 45. pp. 62, 63.]
March 23. 246. Minutes of Council in Assembly of Massachusetts Bay. Four Bills, for tax, building with stone, and relating to Bilrica Bridge and Peter Papillio, returned up, were passed, and received His Excellency's consent.
A motion from the Representatives that the care of the College might be continued in the hands of the late Corporation, as at present, until other provision be made. was approved.
The Governor's House-rent, and salaries to the Judges of the Superior Court, allowed by the Representatives, was consented to.
80l. paid to Isaac Addington, Secretary; 5l. to John Leverett; 18l., making 25l. in all, to Mr. John White, Clerk of the House; 10l. to Samuel Phips, formerly Clerk; 30l. to James Maxwell. 100l. lent to Mr. Thomas Adkins of Boston.
Commissioners were appointed to set out land for some Indians in Tiverton.
Petition of Taunton, for help towards a new bridge over Taunton great river at the south part of the town, sent up by the Representatives. Their vote, for the appointment of a Commission to consider if it be necessary, and, if so, to consider the benefit of Freetown, Tiverton, Little Compton and Dartmouth, and that, if they are not otherwise burdened with their own bridges, they may be ordered to contribute an equitable proportion towards building and maintaining the said bridge, and that the charge of the Committee, who are to report next session, be borne by petitioners, agreed to.
Petition of John Arnold, gaoler of Bristol, for arrears, referred to a Committee of both Houses for a report to next Assembly.
The Representatives concurred with the resolve of the Board about the precincts of two Meeting-Houses in Watertown.
His Excellency directed that the Acts and Laws passed this session be published.
Mr. Speaker and Assembly were summoned and attended His Excellency in the Council Chamber, who addressed them and prorogued them till April 24. [Board of Trade. New England, 49. pp. 326–331.]
March 23. 247. Minutes of Council of Barbados. The Council advised that His Excellency may safely order the Treasurer to dispose of all servants belonging to the country who are not placed out by the 25th. [Board of Trade. Barbados. 65. p. 500.]
March 23. 248. Minutes of Council of New York. Proclamation, proroguing the Assembly to June 6th, ordered. [Board of Trade. New York, 72. pp. 298, 299.]
March 24.
249. Governor Blakiston to the Council of Trade and Plantations. Mr. Thomas Tench, who is the second person nominated by His Majesty in the Council of this Province, has desired liberty to go for England for some months. He has always been very zealous in the service of His Majesty, which is the motive that induces me to acquaint you that he is ready to attend your Honourable Board if you want to be informed of any particulars relating to this Province. Signed, N. Blakiston. Endorsed., Recd. Read Aug. 9, 1700. 1 p. [Board of Trade. Maryland, 4. No. 3; and 9. p. 509.]
March 25.
250. Edward Randolph to the Council of Trade and Plantations. Begins as March 11. I am, I thank God, in health but not recovered of the lameness I got in gaol at Bermuda. I landed the 10th inst. and finding Mr. Read Elding (tho'illegally, yet) actually in the possession of the Government, the next day, after some debate had with him, I administered to him the oath, though several objections were at that time made to the contrary, viz. that he assumed the Government by virtue of an illegal commission clandestinely obtained from Webb, being also contrary to the Lords Proprietors' instructions which direct the method of appointing another Governor, in case of the death or departure of the present. Besides, Webb went away on a suddaine to Philadelphia, not having first advised with the Council nor had the consent of any one of them about his appointing Elding his Deputy, which was not known to any of them till Webb was under sail, so that the Government is of right invested in Mr. Richard Peterson, a Lords' Deputy and the first in Council. But they, finding the inhabitants divided and ready to cast off all Government, chose rather to sit still than hazard the peace of the country, and expect the Lords Proprietors' directions in that matter. But the chief thing before I gave the oath that I scrupled at was, that Elding, under pretence of a commission to him from Webb to apprehend pirates, etc., piratically seized a briganteen of Boston, John Edwards, Master. Webb. Elding, and the others to whom he had given the like commissions, shared the money they found aboard. Elding does not only brave it out upon the Commission Webb gave him to be Lieutenant Governor, but supports himself in the lawfulness of the other commission to take pirates, but sets a very high value upon his services by the accidental seizing Hind the pirate and afterwards executing six of his accomplices. Hind and four of his men were surprised upon an island 10 or 12 leagues from hence by a Bermuda man: the three others were taken by chance and executed also, but one of the four, having nothing proved against him, was discharged and sent by Elding to cut logwood at Campeach, run away, and believes his good services against Hind, etc., will expiate for his own piracy upon Edwards. He a day or two ago caned Mr. Gower, a Lords' Deputy, most severely, and keeps him in prison, for questioning his power to appoint a Judge to try the pirates, a thing questioned by all the Lords' Deputys. Their Lordships at home are very careless and ignorant of their own interest and of the good of the inhabitants. Though many complaints upon just grounds are made to them, praying for relief, yet they take no notice of it, nor of the most arbitrary government of Trott and Webb; neither of the late action done by Elding against Edwards, which they had notice of, but discourse him very indifferently upon that matter. These inhabitants are daily more unsettled, and will give little credit to what their Lordships say or promise them they will do for their encouragement, when at the same time they sell and dispose of their privileges for very inconsiderable sums, as Hog Island, lying to the north of Providence, which makes the harbour, 'tis, after several grants and confirmations thereof to the inhabitants, sold to Mr. Trott for 50l., to the utter ruin to the inhabitants of this town. Their Lordships have likewise granted away the royalty of the whale fishing and a great part of the Island of Abbico to one Dudgeon, late Secretary and Marshall of Bermuda a sort of stock jobber, for 30 years, as appears upon record here; neither do they regard into whose hands the Government of these Islands comes. I am well informed that for more than seven years past seldom less than four known pirates have been of the Council. I brought Commissions to persons upon the place to be Officers in the Court of Admiralty, but all of them, except Ellis Lightwood, the intended Judge, are either dead or removed. I find him an ill man, and was a busy promoter of oppression in Trott's and Webb's time, as appears by the records of the Courts in which he was Judge. Besides, he is the only security for Bridgeman, alias Every's appearing here when demanded, in one bond of 1,000l., and also for 10 or 12 of his company in a like bond of 1,000l. for each of their appearance. I have suspended the delivery of the Commission to him for that reason. 'Tis expected that orders will be directed to some persons here to put those bonds in suit, ('twill deter others); the securities have got a great deal of money. I know no man so fit for that service as Mr. Thomas Walker; as to Mr. Warren, the Attorney General, he is security also for some of Every's men. Packer, one of that gang, is married to Elding's sister now in town. His Majesty will have little justice done him by Elding and others of his party, who bear all the sway here. Webb was directed and proved an apt scholar under Trott's discipline and advice: Elding writes after his copy and expects to be made the Governor, by which appears the deplorable and miserable conditions the poor inflicted inhabitants have lived in from the time of their resettlement, after they were drove off and destroyed in 1680 by the Spaniards, who watch an opportunity to do the like again. The Lords Proprietors laid out money and sent over a few arms with some ammunition to the value of 3,600l. sterling towards the defence of the country. After all their charge their fort is not serviceable. Certainly the inhabitants will either desert the place or submit to any foreign Power that will protect them.
The interests and the affairs here between the Lords and the inhabitants are so different and distracted that it will require a long time to bring them to a right understanding. From the consideration whereof I humbly propose that His Majesty will please to require Read Elding to answer in England for his piracy against Edwards, and, further, that in the meantime till there be a complete settlement in this and all other the Proprieties, that His Majesty be pleased to direct his Commission to Thomas Walker, Esq., an ingenuous man, one of the Lords' Deputies, to be the President, and to Richard Peterson, a Deputy, Isaac Rush, Richard Tollefero, Thomas Williams, Martin Cook, Samuel Frith, Perient Trott, Jeremiah Wells, and John Bethel, to be the Council and to take upon them the administration of the Government of these Islands, (being all of them settled inhabitants,) during His Majesty's pleasure. I have the promise of an exact draft of these Islands and of the fort and harbour of of this town, but being presently bound to Carolina in my return to Bermuda, I have recommended the care thereof to Mr. Walker, who will make it his business to see them exactly drawn and transmit them with a complete narrative thereof to your Lordships. Signed, Ed. Randolph, S.G. Endorsed., Recd. July 20, Read July 25, 1700. Holograph. 2½ pp. Enclosed,
250. i. Abstract of above. 1¼ pp.
250. ii. Copy of Read Elding's Commission from Gov. Webb to be Deputy Governor of New Providence, etc. April 13, 1699. Endorsed., Recd. July 20, 1700. 1 p.
250. iii. Copy of a clause in the Lords Proprietors' Commission to their Governor about appointing Deputy Governors, Jan. 12, 1692. ½ p. Same endorsement.
250. iv. Copy of Gov. Webb's Commission to Read Elding to take pirates, July 13, 1698. 1 p. Same endorsement.
250. v. Copies of depositions by John Edwards, Master; Ebenezer Dennesse, Mate; and John Stiles, Boatswain; William Gray and John Ashcroft, Mariners, of the Bohemia Merchant, which was chased and piratically seized by Read Elding off Cape Florida, August 2, 1698; and of Daniel Kenney, of the Sweepstakes. 3 pp. Same endorsement.
250. vi. Copy of letter from Lords Proprietors of the Bahama Islands to Gov. Webb and Council, May 27, 1699. 1¾ pp. Same endorsement.
250. vii. Copy of an Order of the Grand Council, Nassau, July 8, 1690, making Hogg Island a free Common. On back, Copy of disallowance of the same by the Lords Proprietors. Sept. 21, 1699. Same endorsement. [Board of Trade. Proprieties, 5. Nos. 31, 31.i.–vii.; and (without enclosures), 26. pp. 248–256.]
March 25.
251. Journal of Council of Trade and Plantations. Answer to the late order of the House of Commons signed. Mr. Blathwayt was desired to lay it before the House.
March 26. Letter from Mr. Thurston read. Letter to the Secretary of the Board of Ordnance ordered accordingly.
Order of Council, March 14, relating to the boundaries of New York and Connecticut. Drafts of order and letters ordered to be prepared accordingly.
Letter from Mr. Haynes, March 20, read. Directions given to acquaint him that their Lordships observe the shortness of what he has hitherto writ in relation to the price of rosin, the unwillingness of himself and friends to deliver Naval Stores here, and their not naming the place where they will undertake to deliver them in America. If they will send a full draft of what they will engage to perform and what encouragement they desire in so doing, their Lordships will be very ready to consider it.
Orders of Council, March 7 and 14, about French Refugees, read.
Letter from Lord Bellomont, Jan. 5, read. The New Hampshire Act mentioned ordered to be sent to Mr. Solicitor General. [Board of Trade. Journal, 12. pp. 410–415; and 97. Nos. 56, 57.]
March 26. 252. John Thurston to William Popple. It was impossible for me to get the soldiers' money and goods to Portsmouth in time (see No. 243). And now there is no ship that I can hear of going to Newfoundland on His Majesty's account, but one which the officers of the Ordnance have taken up for transporting workmen and materials, which will be sailing the latter end of this week. I pray you will move their Lordships for a letter to the Ordnance to permit the goods to be put on board the said ship and to order the Paymaster appointed by them for the present service to receive the subsistance money, to be paid over to the officer in chief upon his arrival at Newfoundland. [Board of Trade. New foundland, 25. p. 377.]
March 26.
253. William Popple to Mr. Pulteney. Enclosing preceding letter and desiring that directions may be given accordingly. [Board of Trade. Newfoundland, 25. p. 378.]
254. Memorandum of above. ¼ p. [Board of Trade. Newfoundland, 4. No. 13.]
March 26.
255. William Popple to Richard Haynes. The Council of Trade and Plantations observe that you have not mentioned any price at which you will deliver rozin. You being neither willing to deliver those commodities here nor to declare at what certain place you will deliver them there, they do not understand what answer can be made to such uncertain proposals. If you will lay before them a full draft of what you will engage to perform and of what you desire for your encouragement, they will be ready to consider the same and give you such answer as may be reasonable. [Board of Trade. Plantations General, 35. p. 186.]
March 26.
256. Deposition of Robt. Quary, attested before Wm. Penn, as to all the pirates' goods that came to his hands. Signed, Robt. Quary. 1¼ pp. [Board of Trade. Proprieties, 5. No. 32.]
March 26.
257. Letter from the Earl of Jersey to the Council of Trade and Plantations, March 26, with a petition of the Royal African Company, directing that letters to the Governors of Barbados, Antigoa, Mountserat, Nevis, St. Christopher's and Jamaica, be prepared as their Lordships shall judge proper. Signed, Jersey. Endorsed., Recd. Read March 28, 1700. 1 p. Enclosed,
257. i. Copy of petition referred to above. The Royal African Company have great sums of money owing them in America, but the Courts of Justice are so frequently adjourned by the Judges there that the petitioners are prevented the recovery of their just debts. They pray for your letter to the Governors of above named Plantations that the Courts of Justice may be duly and frequently held. Signed, John Pery, Secretary. 1 p. [Board of Trade. Plantations General, 5. Nos. 48, 48.i.; and 35. pp. 187–189.]
258. Memorandum of above letter. ½ p. [Board of Trade. Jamaica, 9. No. 11.]
259. Memorandum of above letter. ¼ p. [Board of Trade. Barbados, 8. No. 39.]
March 26.
260. Memorandum of above letter. ½ p.[Board of Trade. Leeward Islands, 6. No. 58.]
March 27.
261. Richd. Haynes to W. Popple. We think our proposals were very positive, save only the Port, and to remove that have per the enclosed named the Colonies in which we must set about it. As to what we desire for encouragement, seeing that must come from above, we have only hinted a precedent, and submit the rest. Signed, Rich. Haynes. Endorsed., Recd. March 27, Read April 10, 1700. 1 p. Enclosed,
261. i. Proposals for bringing Naval Stores. In times of peace we will deliver in England for 7l. a last freight. In time of war we decline doing anything more than to deliver in some good port or river in Carolina, Virginia, New England, Pennsylvania or the Jerseys. As to rozin, the calculation of its cost we are not yet exact in nor can fix the price. The same commodities to be imported by us Custom free. We to be incorporated by Act of Parliament or a Charter in the nature of the Greenland Company. To prevent stock-jobbing we will gladly submit to all the laws in force against other Companies. On non-performance of delivery of the 2,000 barrells the Corporation to cease. 1 p. [Board of Trade. Plantations General, 5. Nos. 51, 51.i.; and 35. pp. 193–195.]
March 27.
262. William Popple to Sir John Hawles, enclosing for his opinion an Act passed, Nov. 21, 1699, in the General Assembly of New Hampshire for raising 460l. [Board of Trade. New England, 37. p. 421.]
March 27.
263. Journal of Council of Trade and Plantations. Draft of Representation about Tobago agreed upon. Signed, March 28. Drafts of Order of Council and letters about the boundaries of New York and Connecticut agreed upon. Signed, March 28.
Ordered that the Secretary inform M. Desailly that their Lordships think it necessary the letter to the Governor of Virginia about the settlement of French Refugiez should be sent away beforehand, that so preparation may be made for them against their arrival.
March 28. Letter from the Earl of Jersey with the petition of the Royal African Company, read. Directions given for drafts of letters to Governors accordingly.
Directions given for answers to several matters in Lord Bellomont's letters.
Secretary ordered to enquire of Mr. Burchett what ships of war are now attending H.M. Plantations respectively, and of Sir Charles Hedges his opinion upon Lord Bellomont's query about seamen's wages (Oct. 20, 1699). Letter ordered to the Earl of Jersey upon what Lord Bellomont desires, May 3, 1699, about pardoning Lt. Col. Pierson, and, Oct. 20, about leave to meet the Governors of Virginia and Maryland at Philadelphia. [Board of Trade. Journal, pp. 415–418; and 97. Nos. 58, 59.]
March 28.
264. Council of Trade and Plantations to the King. We have considered the petition of Mr. Nicholas Dupin, etc. Sir Thomas Warner took possession of Tobago for the Crown of England, 1626. Charles II. granted it to the then Duke of Courland in 1664 to hold under His Majesty's protection, provided that he should not permit it to be inhabited but by English and Courlanders, or to export or import goods otherwise than out of or to some of the ports belonging to England or Courland or the Port of Dantsick. And in further acknowledgement of his tenure it was provided that he should be obliged in case of war to furnish His Majesty with a ship of 40 guns. Notwithstanding which grant, the Dutch West India Company were possessed of this Island till 1672, when during the war with the States General it was retaken by the English at the sole charge of the Crown, nor did the Duke of Courland furnish His Majesty with a ship at that or any other time. Again, by articles of agreement between Abraham Marini, resident of the Duke, and Capt. John Pointz, Sep. 20, 1681, there is granted to Pointz & Co. 120,000 acres with liberty of trading to all parts of the world whatsoever and of remaining neuter in case of a war between His Majesty and the Duke of Courland, or any other foreign Prince with whom the Duke may be allied, which conditions are expressly contrary to the grant and a plain disowning of the protection of the Crown of England. For which reasons and also forasmuch as Tobago has often changed masters since the first grant and the Duke did not settle the same in due time, the said grant has been declared void in law; so that we humbly conceive your Majesty cannot by law allow the Duke of Courland's title nor permit his subjects to settle that island; since if the inhabitants be accounted foreigners and belonging to a foreign prince it will not be lawful for any other of your Majesty's Plantations or Dominions in America to entertain any commerce with them; and if they be accounted your Majesty's subjects and under your royal protection and Government, it is in like manner provided by the Laws and Acts of Parliament of this Kingdom, that they do not entertain any traffic or commerce with any foreign State or Country. This in accordance with our recent representations, whereupon your Majesty was pleased to forbid all persons to attempt any settlement upon that Island. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Barbados, 45. pp. 33–35.]
March 28. 265. Order of King in Council. Copy of preceding Representation ordered to be sent to Mr. Secretary Vernon in order to his returning an answer to the Envoy of the Duke of Courland. Signed, John Povey. Endorsed., Recd. April 4, Read April 5, 1700. [Board of Trade. Barbados, 8. No. 41; and 45. p. 38.]
March 28. 266. W. Popple to Josias Burchett. The Council of Trade and Plantations desire you to let them know the names of the men of war and their Commanders now attending or appointed to attend each of H.M. Plantations in America, with the rate and force of each ship. [Board of Trade. Plantations General, 35. p. 187.]
March 28.
267. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council, March 14, we humbly lay before your Majesty the draught of an order, or instrument of confirmation, to be passed in Council, of the agreement made between the Governments of New York and Connecticut, relating to their respective boundaries, together with letters for your Majesty's Royal. Signature to the several Governors. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. Annexed,
267. i. Draft of a letter to the Governor of New York. We have confirmed an agreement of 1683, made between the Governments of New York and Connecticut, and a survey made in pursuance thereof for settling the boundaries, whereby the towns of Rye and Bedford are included within the Province of New York, etc. March 29, 1700.
267. ii. Draft of a letter to the Government of Connecticut, to the same effect.
267. iii. Copy of Instrument for confirming the agreement of 1683 relating to the boundaries between New York and Connecticut. (See No. 268.) [Board of Trade. New York, 54. pp. 121–131; and 44A. Nos. 35–38.]
March 28.
268. Order of King in Council. Boundaries between New York and Connecticut. Wheras at a Council held at Fort James in New York, Nov. 23, 1683, certain articles of agreement were concluded between Col. Thomas Dongan, then Governor of that Province and the Council, and Robert Treat, Governor of Connecticut, Major Nathaniel Gold, Capt. John Allyn, Secretary, and William Pitkin in commission with him from Connecticut, as follows:—"It is agreed that the bounds, meers or dividend between H.R.H. Province and Connecticut shall begin at Byram Brook or River, which is between the towns of Rye and Greenwich, at the mouth of said brook, where it falleth into the Sound at Lyon's Point, the eastward point of Byram River; and from the said Point to go as the river runneth to the place where the common road or wading place over it is, and from that wading place to go north, north west into the country so far as will be eight English miles from Lyon's Point, and that a line of 12 miles being measured from Lyon's Point according to the general course of the Sound eastward, where the 12 miles end another line shall be run from the Sound eight miles into the country north, north west, and a fourth line from the north-most end of the eight mile line shall with the first mentioned line be the bounds, where they shall fall to run, and that from the eastward end of the fourth line, which is to be 12 miles in length, a line parallel to Hudson's River, in every place 20 miles distant from Hudson's River, shall be the bounds there, so far as Connecticut Colony doth extend northwards, that is to the south line of the Massachusetts Colony, only it is provided that, in case the line from Byram Brook's mouth N.N.W. eight miles and the line that is then to run 12 miles to the end of the third line of eight miles do take away land within 20 miles of Hudson's River, then so much shall be added out of Connecticut Bounds unto the line parallel to Hudson's River and 20 miles distant from it, the addition to be made the whole length of the parallel line in such breadth as will make up, quantity for quantity, what shall be diminished as aforesaid. That what arrearages are due from the Town of Rye to the Colony of Connecticut for former years and the present year's rate shall be paid to Connecticut. That two surveyors be appointed, one from New York and the other from Connecticut to run the before mentioned lines," etc. And that whereas an actual survey was made and reported by the Surveyors and Commissioners appointed (Report quoted, and signed, John Youngs, John Bell, Phillipp Wells, Robert Vorklain, Commissioners for New York. Nath. Gold. Jonathan Sileck, Danl. Sherman, John Hariman, Commissioners for Connecticut), in order to the terminating of the difference between the Province and Colony relating to the right of Government over the Towns of Rye and Bedford, lying on their borders, and to prevent all future dispute about the boundary, His Majesty is graciously pleased to approve and confirm the said agreement and survey. Signed, John Povey. 5¾ pp. Endorsed. Recd. Read April 5, 1700. [Board of Trade. New York, 9. No. 19; and 54. pp. 137, 138.]
269. Memorandum of above. ¼ p. [Board of Trade. Proprieties, 5. No. 33.]
March 28. 270. Order of King in Council. Letters to the Governors of New York and Connecticut, as to the confirmation of the agreement about the boundaries, are to be prepared as proposed. Signed, John Povey. Endorsed., Recd. April 10, Read April 11, 1700. [Board of Trade. New York, 9. No. 20; and 54. pp. 140, 141.]
271. Memorandum of above. ¼ p. [Board of Trade. Proprieties, 5. No. 34.]
March 28.
272. William Popple to Sir Charles Hedges. The Lords Commissioners of Trade and Plantations desire your opinion upon the enclosed extract of a letter from the Earl of Bellomont (Oct. 20, 1699, about seamen's wages). [Board of Trade. New York, 54. p. 121.]
March 28. 273. Minutes of Council of Massachusetts Bay. Ordered that Mr. Treasurer supply suitable goods for trade with the Indians, to the value of 300l., if he think it necessary, but not under 200l., to be put on board the Province galley, Capt. Cyprian Southack, now ordered eastward, the supply advised Nov. 28 having been prevented. Instructions for Capt. Southack relating to trade with the Indians advised.
3l. paid to Pelatiah Glover for riding post from Springfield to Boston on H.M. service.
8l. 7s. 2d. paid to Col. Nicholas Paige for subsistence of 26 soldiers by him lately conducted to Woodstock.
8l. paid to John Pride, master of the sloop Daniel, for transporting Scanbeovyt and other of the principal Eastern Indians with their Interpreter from Saco to Boston and back again.
Repairs and stores for H.M. Castle on Castle Island, near Boston, ordered. [Board of Trade. New England, 49. pp. 283, 284.]
March 29.
274. J. Burchett to W. Popple. I send the names of the men of war now attending or appointed to attend H.M. Plantations in America. Signed, J. Burchett. ¾ p. On back,
274. I Rate. Ship's Name. Commander Guns. Plantation.
5 Fowy Legg 28 Going to Jamaica.
6 Deal Castle Doyley 22 Going to Jamaica.
5 Ludlow Lumley. 28 Barbados.
6 Margate Billingsly. 22 Leeward Islands.
5 Arrundell Crow 28 New England and New York.
6 Newport Morrice 22 New England and New York.
6 Messenger Advice Boat Code 4 guns 6 Patereros. Maryland.
[Board of Trade. Plantations General, 5. Nos. 49, 49.i.; and 35. p. 192.]
March 29.
275. J. Burchett to W. Popple. Besides the ships mentioned in my letter, H.M.S. Shoreham is ordered to Jamaica and thence to proceed to Virginia and attend on that Colony. She is a ship of the fifth rate and carries 28 guns. Her Commander's name is Passenger. She has been gone so long that I believe she is now on her Station. Signed, J. Burchett. Endorsed., Recd. March 30, Read April 4, 1700. ½ p. [Board of Trade. Plantations General, 5. No. 50.]
March 29. 276. Minutes of Council of New York. On the Petition of Thomas Lawrence complaining of Content Titus, J.P. of Queen's County, the latter was summoned to appear before the Board.
Proclamation prohibiting the transportation of horses to Canada ordered. [Board of Trade. New York, 72. p. 299.]