America and West Indies: May 1700, 6-10

Pages 229-247

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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May 1700

May 6. 392. Richard Bradshaw to Wm. Popple, enclosing extract of the commitment of Wm. Brice to Newgate for felony and robbery, and begging that the matter may be inserted in the Board's Report to His Majesty, in order to invalidate Brice's oath. Signed, Richd. Bradshaw. Endorsed, Communicated to the Board by Sir Tho. Day. Recd. Read May 6th, 1700. 1 p. Enclosed,
392. i. Extract of commitment of Wm. Brice to Newgate, Jan. 13, 1697. [Board of Trade. Bermuda, 4. Nos. 26, 26.i.]
May 6. 393. Affidavit of Richard Iden of St. Martin's in the Fields, victualler, that Richier and Dudgeon endeavoured to bribe him with the offer of a place in the Custom House, etc., to make an affidavit that he had heard Capt. Day drink King James' health. March 7. Signed, Ric. Iden. Endorsed as preceding. ¾ p. [Board of Trade. Bermuda, 4. No. 27.]
May 6.
394. Journal of Council of Trade and Plantations. After Sir Thomas Day and Mr. Mears had been again heard, directions were given for a Representation to be laid before His Majesty upon the whole matter.
Ordered that Mr. Champante be given copies of the accounts of presents for the Indians lately sent to the Treasury, and that Mr. Heathcote be desired to assist him with his advice about providing them.
Mr. Crouch, Mr. Tatam and others attending upon the subject of H.M. Order in Council, April 18, said that the Mary, mentioned in their petition, is but 82 feet long, and therefore not capable to carry timber fit for H.M. service, nor have they ever carried or desire to carry any such to those parts, but, if their trade in pipe-staves, deal boards and other small timber be obstructed, it will hinder a great exportation of draperies from hence thither, Tatam having the last year sent above the value of 3,000l. in cloth, and Crouch the like value in worsted stuffs, and others in like manner very considerable quantities of other English manufactures. Directions for preparing a Representation given.
May 7. Representation relating to the Commissions to be past in pursuance of the late Act against pirates, signed.
Ordered that a letter be prepared in answer to Lord Jersey, April 27.
Memorial of the owners of the Beckford galley read. Representation ordered accordingly.
Memorial of Edward Palms, May 2, read. Mr. Wharton, who solicites that business, ordered to attend.
May 8. Secretary ordered to write to Mr. Pulteney (May 8. No. 409).
Representation upon the petitions of Sir Thomas Day and Mr. Meers signed.
Representation upon Capt. Brook's petition signed.
Representation upon Mr. Crouch's petition signed.
Representation upon the petition of the owners of the Beckford galley signed. [Board of Trade. Journal, 13. pp. 30–36; and 97. Nos. 85–87.]
May 6. 395. Minutes of Council of Virginia. His Excellency informed the Council that in the late engagement with a pirate, Peter Heyman, H.M. Collector of the lower district of James River, was killed on board H.M.S. Shoreham, having behaved very well in the fight. Ordered that the Naval Officer of that district execute the office of Collector, till further orders be given by H.M. Commissioners of Customs.
His Excellency informed the Council of the capture of Capt. Lewis, a French pirate, and of the conditions upon which he had surrendered to His Excellency. The conditions were referred to the Attorney General. His Excellency laid before the Council the several orders he had given for raising the Militia in several counties adjacent to the sea on that occasion, together with his promise of a reward of 20l. for every pirate apprehended on land, by virtue whereof one pirate had been taken who got on shore in Lynhaven Bay. Two others were taken out of one of the retaken merchant ships. These three pirates were not included in the conditions of surrender. A Commission for their trial at Elizabeth City County Court House therefore ordered. Officers of the Court appointed.
Whereas of late there have been several ships taken, plundered or destroyed by pirates hovering over the coasts of this Dominion, and information having been given that there is still one or more on the coast, ordered that H.M.S. Essex prize sail on the 30th inst., and give convoy to all merchant ships. Notice to be given of this. H.M.S. Shoreham to convoy all ships once every twenty days to about 50 leagues without the Capes, where the greatest danger is. The Shoreham and Essex prize to go out and cruize in the Bay of Chisapeake as soon as possible, to protect ships coming down to take the opportunity of the convoy. If they meet any merchant ships designed out of the Capes, they are to cause them to come into James River, to take the convoy. Capt. Aldred is to come in about a week before the 30th to take on board wood and water for his voyage.
A copy of the Order appointing the times for the sailings of the merchant ships ordered to be transmitted to the Governor of Maryland, that he may give directions, if he thinks fit, for the merchant ships in Maryland to take the opportunity of the same convoy. Ordered, that he be desired, for the better defence of the coast, to order the advice-boat, Messenger, to be down at Kickquotann in the mouth of James River.
Three tracts of land at Curles, the Slashes, and Varina in Henrico County, vested in His Majesty by the attainder of Nathaniel Bacon, viewed and valued by Mr. Auditor and Attorney General, ordered to be sold. [Board of Trade. Virginia, 53. pp. 420–426.]
May 6. 396. Journal of Council in Assembly of Maryland. Bill for Religion read the second time, passed and sent down.
W. Bladen, Naval Officer of the port of Annapolis, swore to his accounts, and Mr. Mason to his account as Treasurer of the Western Shore.
Petitionary Bill confirming glebe land to Christ Church read, and, the amendment of the House having been agreed to, it was sent down again.
The fine of 20l. imposed by the Provincial Court on Mr. Gabriel Parrott was assigned to Mr. William Dent, the Attorney General, in recognition of his services.
Col. Jenkins complained against Samuel Worthington, one of the attorneys of Somerset County Court, for his ill behaviour, prodigality and insolent affronts.
The Delegates announced that they were preparing a Bill to prevent disadvantage to the Revenue through the unreasonable bigness of tobacco hogsheads, a matter to which His Excellency had called their attention in a letter.
Bill for quieting differences between the English and Indians, sent up, was read a first and second time.
The Delegates assented to the ordinance, recommended by the Council, directing that Mr. W. Bladen, having been to great expense in procuring a printing press, printer, etc., after Sept. 10 none other but printed writs, summonses, etc., be made use of. But the Delegates added the proviso that Mr. Bladen should give sufficient caution not to print any other matters but what should be first licensed by the Governor or some person by him appointed.
May 7. A Bill making valid the will of James Tyer of Charles County was read the first time and sent to the House. The Board, observing from former proceedings of Assembly that considerable sums had been raised for building a church in Annapolis, but that the care of applying them had not been settled in any person, so that the building is wholly neglected and delayed, recom- mended to the consideration of the Delegates whether it might not be advisable to apply to the Governor of Virginia, in whose hands the money remains, that he would lodge it in some safe hands in Maryland, ready for use, and to entrust some person or persons to receive it and agree with some undertaker and pay him upon performance. Bills for Religion and Confirming glebe land in Christ Church read a third time and sent to the House.
The House of Delegates reported that a Bill had been read for the present security of the frontier Plantations against the Indians, when objection was made, and a member proposed that, considering His Excellency had lately made a peace with the Indians, it was more reasonable instantly to withdraw the Rangers, and let the Indians have all assurance that we design firmly to observe our promises, and, to give them no occasion for diffidence, to leave the fort to the Indians' own disposing, to do them all the right they can require by letting them quietly enjoy their lands, to secure the friendship of the Susquehannah and Eastern Shore Indians, and renew effectively an(d) order for laying out the Choptank and Piscattaway Indians' lands. Whereupon it was decided to drop the Bill.
May 8. The Council replied that they thought it advisable that the Rangers should be kept out and no[t] taken of[f], lest the inhabitants on the frontier upon any sudden or violent accident should withdraw and desert their Plantations. But if the Delegates desire them to be disbanded, this Board will not obstruct, nor can they be answerable for any mischief that may happen for want of them. They advised that the Order for running out the Choptank and Piscattaway Indians' lands be renewed, and all Acts of Justice be done them; and that the friendship of the Susquehannah and Shevanore Indians be secured by making a treaty with them, they seeming to be of considerable moment and not to be slighted. The disposal of the fort, they advised, should be left to His Excellency, all things of that nature being lodged in him. They proposed that the House should renew their Ordinance for the Committee appointed last year to meet upon any sudden occasion.
Bill for lessening Talbot County and constituting another, sent up, was read and rejected.
Bill reviving the temporary Laws, sent up, was read and returned.
Col. Beale's complaint that Clement Hill, surveyor, of George's County, had refused to return his certificate of lands, referred to the House, with a recommendation that, if found true, they make some order to prevent such ill practices for the future.
Col. William Pearce was sworn a Delegate of Cecil County.
The Delegates concurred with yesterday's message about building the church, and resolved that the money be lodged in Maryland, in the hands of the Governor, Col. John Addison, Thomas Brook, Col. John Hammond and Thomas Tasker, and that full power be given them to agree and pay for the building. They accepted the trust provided the House agreed they should lodge the money in some responsible merchant's hands in London to be named by the House, and there to lie till called out of his hands, but not at the risk of the Trustees, in case anything should happen to the said merchant.
A Bill for the speedy trial of criminals was read the first time, sent down, read a second time and returned.
Bill for quieting differences between the English and Indians read the second time and sent to the House.
Samuel Worthington, summoned to reply to Col. Jenkins' complaint, His Excellency warned him that if any more such complaints occur, he must expect to be severely punished.
Bills, about tobacco hogsheads, and for naturalising Michael Bellicane and his three sons, read and sent to the House.
The House agreed that the money for the church might be lodged in the hands of Micajah Perry & Co., merchants in London.
Bill for reviving some temporary Laws, sent up, read and assented to.
The House prayed His Excellency for an account of the 3d. per hhd. appropriated for arms, to which he replied that, if it was any satisfaction to them, they should not be kept in the dark.
Bill for the security of the frontiers, sent up, was read, passed and returned. [Board of Trade. Maryland, 14. pp. 532–546.]
May 6. 397. Journal of House of Delegates of Maryland. Address to His Majesty to give his assent to the Act of Religion ordered to be prepared.
Petition of Nicholas Crouch for payment considered. He was referred for satisfaction to his employers.
Petition of James Frisby, for allowance for 26 negroes who died before sale, rejected.
Petition of James Stoddard relating to an agreement between him and the Emperor of Piscattaway read. The House conceived that he was noways barred of his claim from the Indians by the articles of peace lately made, and referred him to the gentlemen in those parts to be appointed for deciding differences betwixt English and Indians.
Petition of Major Dorsey referred to the Committee of Accounts, who reported that he informed them he had no means of discharging his fine.
Petition of Thomas Casey, Cecil County, read. The House, conceiving him to be an object of charity, allowed him an annual pension of 1,000lb. of tobacco.
Bills for Religion and Confirming glebe-land in Calvert County read the third time and passed.
Thomas Blake fined 500lb. of tobacco for his contempt in not forwarding public packets, to be deducted from his salary and paid to Daniel Canning, the serjeant attendant, for his expedition.
Petition of James Baker, "a very ancient and poor man, very infirm and weak, who has faithfully served the House these nine years, praying for the grant of a negro to assist him in maintaining himself and his poor, weak wife, who is likewise ancient," granted.
Letter from His Excellency read. "I hope it will be far from a crime in me to hint to you how great a sufferer I am in the largeness of the hhds. of tobacco. You passed a law last sessions in which you showed your generosity in continuing to me the 3d. at 400lb. per hhd., but I imagine you did not intend it so, neither do I desire it less than 500lb. If I had insisted upon it, it would have been at least 200 pounds advantage to me, but no interest shall ever induce me to take any advantage of those for whom I have so great a regard. If you can adjust it, I shall be obliged; if not, you may continue it upon the same foot as it now stands, but masters of ships seem to be very uneasy under it. I do not desire the hhds. should be less than the gage already established by you." Resolved, that a Bill be drawn to impose a severe penalty on persons employing any cooper to make any cask above the gage according to Act of Assembly.
Act for quieting differences, etc., read the second time.
Report of the Committee of Grievances read:—(1) Several parishes have paid the 40lb. per poll, and yet have no ministers to officiate, which is an aggrievance to the people, churches being already built; (2) care is not taken to appoint deputy-surveyors in each county that are dwellers in the said county, which is an excessive charge to the inhabitants; (3) petition of Gerrard Sly referred back to the House; (4) we find that Major Dorsey will rent three houses suitable for a powder magazine for three years, and cover the great house for 100l.; (5) with regard to the petition of Mr. Charles Ascomb, we conceive that Col. Lowe has proceeded against him and others according to law, but the law is so sharp that it appears to be an aggrievance to the people, wherefore we conceive it lies in His Excellency's breast to correct the said offence. Whereupon the House referred Article (1) to the next Sessions of Assembly; on Article (2), ordered that James Heath and Clement Hill, H.E. Surveyors General for the Eastern and Western Shores, provide Deputy Surveyors that shall inhabit in the several counties, before Oct. 1st. (3) Petition of Gerrard Sly rejected. Bill for quieting differences, passed with amendment. And see preceding abstract.
May 7. Bill for confirming glebe-land read the third time and passed.
Bill for Religion read the third time and passed, and ordered to be printed, and that a copy be ordered for every parish.
A Reviving Bill and a Bill confirming the will of James Tyer, read twice and passed. Bill for the speedy trial of criminals read a first time.
Bill for lessening Talbot County read twice and committed for amendment.
Act for quieting differences, etc., read and passed.
A present of 50l. was made to Dr. Bray, "forasmuch as he has been very serviceable to this country in collection of a library, etc." And see preceding abstract.
May 8. Bill for speedy trial of criminals read the second time, amended, read the third time, and passed.
Bill for repeal of certain laws and confirming others read the first and second time.
Petition of Christopher Mounts, alias Anderson, for naturalisation read and bill ordered accordingly.
Address to His Majesty read and ordered to be engrossed.
The House considered that the Rangers might be taken off, and ordered that the Piscattaway Indians' land be laid out by the direction of Major Boreman according as Lord Baltimore directed him, and that someone be appointed to see this done.
Ordinance ordered for laying out the Choptank Indians' lands.
Bill for naturalizing Michael Bellicane, etc., read the first and second time.
Additional Bill to the Act touching coopers, etc., read the first and second time.
Petition of Robert Mason, for 2½ per cent. charged him on money remitted home by bills on the public account, read. Ordered that, if he make it appear that he has been so charged, the next Assembly will consider it.
A new Bill for securing the frontiers read twice.
The Committee of Aggrievances reported that Col. Ninian Beale's case against Mr. Clement Hill, Surveyor for Prince George's County, for not returning a certificate according to his duty, was a great agrievance, and if a speedy stop is not put to the like proceedings may be of very ill consequence to several of the inhabitants.
Consideration thereof referred to the next sessions of Assembly, notice, meanwhile, to be given to Mr. Clement Hill that in case he does not make reasonable satisfaction to Col. Beale, he must appear before this House next sessions.
Fees for naturalisation ascertained.
Petition of the executors of Vansweringen referred to the next sessions of Assembly.
Ordered that the Indians in Major Barton's charge be liberated, and that Major Barton refer to Prince George's County Court for satisfaction for the said Indian's fees.
Journal of the Committee of Accounts read and assented to. And see preceding abstract. [Board of Trade. Maryland, 15. pp. 514–536.]
398. Journal of the Committee of Accounts of Maryland, April 30, 1700. [Board of Trade. Maryland, 15. pp. 557–579.]
May 7.
399. Richd. Haynes and others to William Popple. We note that your Board are pleased to turn the success of the pitch and tar undertaking on their not being empowered to engage a price certain. We have applied to the Navy Board, and find that they buy as cheap as they can in general, but in another case of the like nature have by special order given more for our home manufacture than could have bought the foreign, but can do nothing in our business without orders. We cannot but think their Lordships know the proper methods to promote the improvement of what we propose, if they believe it probable to be effected, and we always thought them the judges what was fit to be laid before the Council for the needful encouragement of those that propose anything of public good and especially of trade. If we are mistaken or it's not thought worth their Lordships' favour, we shall be content to wait a more favorable opportunity. Signed, thy obliged and ready friends, John Rolfe, Richd. Martyn, Thomas Byfeld, Richard Haynes. Endorsed, Recd. 8th, Read 27th May, 1700. 1 p. [Board of Trade. Plantations General, 5. No. 55; and 35. pp. 208, 209.]
May 7. 400. Owners of the Beckford galley to the Council of Trade and Plantations. The Beckford, 200 tons, 24 guns and thirty men, sailed from the Thames, June 1698, John Harris, commander, with orders to trade on the east coast of Africa, and at Madagascar for a cargo of slaves to carry to the West Indies. Whilst the master was on shore at Tullia, in Madagascar, the ship was seized by a combination of pirates, March 30, 1699, who went a-pirating with her under Ryder. We pray that orders may be given to the Governors of Plantations to seize them. Describes ship. Signed, Bartho. Gracedieu, for self and Col. Pe. Beckford of Jamaica, Edwd. Harle, Nath. Micklethwaite, James Feyton, for Col. Charles Sadlere of Jamaica, Eben. Gatton, Ben. Thornbury. Endorsed, Recd. Read May 7, 1700. 1¾ pp. Enclosed,
400. i. Cha. Harris to Sir Barth. Gracedieu. Johanna, Aug. 5, '99. Part of the ship's company joined with some rogues ashore at Tullia, seized the ship and turned ashore 17 who were not willing to go with them. Signed, Cha. Harris. 1 p.
400. ii. Description of Ryder the pirate. He is a middle sized man, of a swarthy complexion, inclinable by his aspect to be of a churlish constitution; his own hair short and brown, and apt, when in drink, to utter some Portugese or Moorish words. He sometimes sailed with the Moors and was left by a pirate at Fort Dolphin, on east of Madagascar, and thence came to Tullia. ½ p. Inscribed at foot, Mr. Poppell. Please annex the above description of Ryder to the other papers. Signed, Bartho. Gracedieu. May 9, 1700. [Board of Trade. Plantations General, 5. Nos. 56, 56. i, ii.; and (without enclosures), 35. pp. 198–200.]
May 7.
401. Council of Trade and Plantations to the King. By a late Act of Parliament for the suppression of piracy it is provided that Commissions be past for the trial of pirates in the methods directed. There are certain clauses therein which are to be of force in the Plantations on Sept. 29th. It is therefore requisite that the said Commissions be sent with all expedition, and, the Act directing that they be passed under the Great Seal of England or under the Seal of the Admiralty, we offer that your Majesty be pleased to determine under which seal they be passed and that they be accordingly prepared and dispatched. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. Plantations General, 35. p. 202.]
May 7.
402. Governor the Earl of Bellomont to Mr. Secretary Popple. I send you a letter from Mr. Dwight, the minister of Woodstock, which I desire you will please to shew to the Lords of the Council of Trade. Thinking the alarm was over of the Indians' design of rising, the Council advised the recalling of the parties that had been sent to defend the frontier towns, but since that, the Indians have deserted their houses about Woodstock, I mean those that staid behind their neighbours, which I observed in one of my letters were gone from their houses, and gave the alarm to the English of Woodstock. I writ to Mr. Secretary Vernon an evidence that by accident fell into my hands touching the true boundary between us and the French to the eastward of this Province. It was writ by a Frenchman living in Nova Scotia, and subject to the French King; this Frenchman writes that orders being sent from the Court of France to the Governor of Fort St. John to enquire of the ancient and experienced French thereabout, what were the just limits of Acadie or Nova Scotia, an old Frenchman called Monsieur Bourgeois, 90 years of age, was chiefly consulted by the said Governor, who declared that the River of Ste. Croix was the true boundary, and that report is made into France accordingly, if the forementioned Frenchman have writ truth hither. For a further proof of Ste. Croix's being the right boundary, I send a memorial of Capt. Alden's, which I desire you will shew the Lords. He has traded with the East Country these 40 years, was formerly employed by Sir Thomas Temple, and therefore ought to know the bounds between us and the French. 'Tis of the last consequence to England and these Plantations that the French be confined to the east side of the river Ste. Croix, for if they be admitted to extend their dominion to St. George's River, which has been industriously given out by them and those that are affected to their interest to be the boundary between us, then at once these Plantations are ruined, near 200 miles of coast will be lost from the Crown, and the fishery consequently with the country or coast. But besides all that, beyond Ste. Croix the country is desert, being sandy and very few timber trees, or trees for masts for ships, growing on it, whereas between the rivers of Ste. Croix and St. George the soil is rich and abounds with trees for masts and timber. And that the French have in their heads to make use of the trees, I send you the copy of a letter from Monsieur Denys to the French King, which has been delivered me within these three weeks. Capt. Southack, who commands the Province galley, commanded a privateer in the late war, and took a French prize bound from Canada to France, and among several letters took the original of this. The person whom Capt. Southack gave leave to take a copy of it, forgot to take the date, but as soon as Capt. Southack returns from the east, whither I ordered him with some supplies to the Indians, I will get the original letter from him. Signed, Bellomont. I received not the letter and packet of the Lords of the Council of Trade, Aug. 21, till the 12th of last moneth, nor that of Nov. 30 till about 10 days ago, in which last was enclosed His Majesty's letter of Nov. 10. I have not time now to answer that of Aug. 21. Jones, the master of a brigantine who received their Lordships' original packet of Aug. 21, is supposed to be cast away, and the duplicate of that packet it is that I have received. I copied their Lordships' letter of Aug. 11 to the Government of Rhode Island, and sent it to them, attested by me to be a true copy, and I hear it has been a mortification to them. The Agent they are sending to England goes by the name of Capt. Sheffield, is one of their Council, yet keeps a little blind rum-house, where the Indians are his best customers, for scarce any English will go near him. I rode near his house when I was last at Rhode Island. Holograph. 3¼ pp. Endorsed, Recd. June 27, Read July 3, 1700. Enclosed,
402. i. Abstract of preceding. 1 p.
402. ii. Josiah Dwight to Lord Bellomont. Woodstock, Ap. 23, 1700. The people here do with exceeding loathness part with the soldiers. The bigger part of our Indians are known to be gone and on suspicious design, and the bulk of the remnant of the capable men are lately slipped away. It seems to us all behind are on the tip-toe. Copy. ¾ p. Same endorsement.
402. iii. Capt. John Alden to Lord Bellomont. Boston, April 9, 1700. For the space of 30 years he has frequently traded betwixt Boston and Accadie. It has been commonly accounted by the English and allowed by the French that the English territory and dominion extended as far east as the Bay called Passamaquada by the Indians, and to the River of St. Croix within the said Bay, the entrance whereof opens into the same, and the English did frequently fish within the said Bay and made the same on the shore there, without any interruption by the French. This was accounted the utmost extent of the English dominion eastward, until the French fortifications and settlements farther up the bay of Fundy were taken from them by the English. Copy. 1 p. Same endorsement.
402. iv. M. Denys to the French King. Duplicate of Cal. A. & W. I., 1699. No. 22. ii. Copy. 1 p. Same endorsement. [Board of Trade. New England, 10. Nos. 37, 37.i.–iv.; and (without enclosures), 38. pp. 70–75; and (memoranda of Letter and iii. and iv.), New York, 9. Nos. 30–32.]
May 7. 403. Minutes of Council in Assembly of Barbados. Col. Frere was excused taking upon him his instructions about the French settlement at Sta. Lucia, upon his representing that his other affairs will not admit of it. Ordered that the Council meet on Tuesday next at the house late of William Davis, joining upon Lear's Plantation, near Henley's, in St. Michael's Parish.
H.M. Order for the expulsion of foreigners from Sta. Lucia, Nov. 15, 1699, read. Gov. Grey's letter to the Governor of Martinico communicating the above to him (See July 25) read. [Board of Trade. Barbados, 65. pp. 507–509.]
May 7.
St. Michael's.
404. Minutes of General Assembly of Barbados. There being no probability of making a House this day, and the town being sickly, His Excellency acquainted them that the Council was adjourned to the house late of William Davis, decd., near the Plantation of Sir Robert Davers in St. Michael's Parish, on the 14th, to which time and place the Assembly have now also adjourned. [Board of Trade. Barbados, 65. p. 558.]
May 7. 405. Minutes of Council of Virginia. Ordered that the Sheriff of Elizabeth City County provide for the accommodation of the Justices, officers, jurymen and witnesses at the forthcoming trial of pirates. The accounts of expenses to be signed by the Court and paid for out of the Revenue of 2s. per hhd.
Benoni Burroughs, appointed Sheriff of Princess Anne County in place of William Cornick, excused.
William Fletcher, master of the Barbadoes Merchant, having been plundered by a pirate and lost his register, etc., granted permission to trade, upon making an oath that no foreigner is concerned, and giving security that she will unload in England.
Commanders in Chief of the Militia in the Counties of Elizabeth City, Norfolk, Princess Ann, Accomack and Northampton, ordered to provide look-outs along the coast to give notice and alarm of pirates to them, and by express to His Excellency, and, if possible, to Capt. Passenger. The officers and inhabitants of Princess Ann County commended for their zeal in this matter. Major Thorowgood ordered to provide a boat and hands to be ready for communication with Capt. Passenger. 10l. reward offered for the apprehension or killing of any pirate.
Mr. Attorney having given his opinion upon the conditions of surrender, it was ordered accordingly that Capt. Lewis and the other pirates be sent to England as soon as possible in the Essex prize and other ships, their hands to be in irons at all times and their legs tied at nights. Mr. Auditor Byrd presented an account of His Majesty's Revenue of 2s. per hhd. ending April 25, 1700, showing 1,032l. 11s. 1½d. due to His Majesty, and of the quit-rents, showing 3,592l. 4s. 3d. sterl. due to His Majesty.
Commission for the trial of the pirates read and ordered to be transcribed.
A patent to Lt. Col. William Randolph of Henrico for N. Bacon's land—Curles and the Slashes—bought by him, read and signed.
8l. paid to William Smelt for expenses in connection with pirates.
Capt. Aldred and Capt. Passenger, attending the Council, His Excellency thanked them for their service in taking the pirate, gave his part of the prize to Capt. Passenger, and directed him to send him his journal. His Excellency added that during the engagement he had observed that the Shoreham was very weakly manned, several of her men appearing raw and unskilful, and there being many boys amongst them. Capt. Passenger answered that, it being a time of peace, the full complement of men was not allowed as was usual in time of war. His Excellency recom- mended him to write to the Admiralty and desire his full complement, for that in these parts it is, in a manner, open war, the coasts being daily infested by pirates. Upon the request of Capt. Passenger, after the capture of the pirates, they were put on shore in custody of the officers of Militia in Elizabeth City County, he being apprehensive of danger, if they continued on board. The purser of the Shoreham ordered to make an account of victuals expended on the pirates, etc., for His Excellency's signature.
May 8. Commissions, for trying the pirates and for Peter Beverley to attend as Clerk of the Arreignments, signed.
Mr. Attorney General directed to provide for the prosecution of the pirates. [Board of Trade. Virginia, 53. pp. 426–436.]
May 8.
406. Council of Trade and Plantations to the King, offering, upon the memorial of Sir B. Gracedieu and others, May 7, that directions should be given for securing the Beckford galley and the pirates who seized her, and proceeding against them according to law. Signed, Lexington, Ph. Meadows, Jno. Pollexfen, Ab. Hill, Geo. Stepney. [Board of Trade. Plantations General, 35. p. 203.]
May 8.
407. Council of Trade and Plantations to the King. In obedience to your Majesty's Order in Council, April 18, we have heard the petitioners William Crouch and others and examined the matter, and do thereupon humbly represent that pipe-staves, deal boards and timber, being none of the enumerated commodities prohibited by law to be transported directly from your Majesty's Plantations to foreign countries, the Mary, now stopt in New England, should be permitted to proceed on her voyage, and that your Majesty's pleasure may be signified to Lord Bellomont accordingly. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, Jon. Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. New England, 38. pp. 16, 17.]
May 8. 408. Copy of Mr. Chilton's Patent for the place of Attorney General in Barbados. Endorsed, Recd. 25th June, 1700. Latin. 1¾ pp. [Board of Trade. Barbados, 8. No. 51; and 45. pp. 83–86.]
May 8.
409. William Popple to Mr. Pulteney. The Council of Trade and Plantations, having several matters at present under consideration relating to the Bermuda Islands, and observing that His Majesty's Order in Council, Dec. 10, 1696, directed a skilful engineer to be sent thither, and that Mr. Heber Lands was accordingly appointed, desire you to inform them whether the said Lands or any other engineer have yet been there, and that if any report have been made to the Board of Ordnance relating to the state of those Islands, they may be favoured with a copy. [Board of Trade. Bermuda, 29. p. 310.]
May 8.
410. Council of Trade and Plantations to the King. With regard to the petition of Capt. George Brook, April 18th, he has been recommended to us by his Grace the Duke of Schonberge, as one who has served him several years as aide-de-camp with diligence, prudence and conduct, and we therefore humbly submit his qualifications for the Government of the Bermuda Islands, together with the other petitioners for the same employment mentioned in our Report of Feb. 15th. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. Mem.—This report of Feb. 15th not having been yet laid before His Majesty, this was added to it. [Board of Trade. Bermuda, 29. pp. 308, 309.]
May 8.
411. Council of Trade and Plantations to the King. In obedience to your Majesty's Orders in Council, May 2, we have heard and examined what Sir Thomas Day hath to offer upon his petition. We humbly lay before your Majesty his answers to the heads of complaints against Mr. Day mentioned in our Representation, Feb. 28. To the charge that he has illegally imprisoned and fined Mr. Randolph, he can only offer what his son has writ to this Board, wherein we see nothing to induce us to change our opinion. In answer to the complaints that Mr. Day has made alterations in the Council, contrary to his Instructions, and has unwarrantably displaced several other officers, and to other charges, he refers to a person, whose name he knows not, now coming over in order to Mr. Day's general defence. As to Mr. Day's refusing to allow depositions to be taken, he produced an affidavit intended to invalidate Mr. Richier's evidence, and a declaration of several Justices that he never hindered them from taking any depositions. To invalidate the testimony of Wm. Brice, he has produced an extract of the commitment of Brice to Newgate for felony and robbery, and thereupon further informed us that he was committed together with two others who were both hanged, but that Brice, being sick at the time of that trial, escaped afterwards for want of evidence.
As to the case of the Dolphin sloop, having heard Sir Thomas Day and Mr. Mears, we humbly represent that one part of the petition, for the appointment of a Commission to examine witnesses, has already been granted, Nov. 2 last, and that as for the other part, your Majesty be pleased to require Mr. Day to give 2,000l. security before he leave the Bermuda Islands, to abide the determination of your Majesty in Council as to damages, etc., which Sir Tho. Day thinks reasonable.
Upon the whole matter, we find nothing alleged by Sir Thomas Day in behalf of his son, or by Mr. Day in his own behalf, to alter our former opinion for his removal; but whether your Majesty may be otherwise induced to expect any further answer or justification from him or the gentleman said to be coming hither for that purpose, is mostly humbly submitted to your Majesty's determination. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, George Stepney. [Board of Trade. Bermuda, 29. pp. 300–308.]
May 9.
412. Order of King in Council. In accordance with the Representation of May 8, the Mary is to be permitted to proceed on her voyage to Spain and Portugal; whereof Lord Bellomont and all others whom it may concern are to take notice and to govern themselves accordingly. Signed, John Povey. Endorsed, Recd. June 3, Read June 10, 1700. 1 p. [Board of Trade. New England, 10. No. 38; and 38. pp. 23, 24.]
May 9.
413. Order of King in Council, that Lt. Gov. Samuel Day give security in 2,000l. to abide the determination of H.M. in Council relating to his proceedings against the Dolphin sloop. Signed, John Povey. Endorsed, Recd. Read July 24th, 1700. ¾ p. [Board of Trade. Bermuda, 4. No. 28; and 30. p. 37.]
May 9.
414. Minutes of Council of Massachusetts Bay. Payment of wages of Capt. John Hill and the garrison of Fort Mary, at Saco, Aug. 31, 1699—April 23, 1700, ordered.
Payment to John Hubbard for a gun impressed from him in 1697 and mounted on Castle Island ordered.
Payment of the account of Duncan Campbell, postmaster, ordered.
Committee appointed to audit the accounts of soldiers lately posted on the frontiers, of the fitting of the Province galley and other military expenditure.
Licence granted to John Green, cooper, to erect a building of timber upon a piece of land formerly Henry Messinger's, near to the old burying place in Boston, provided he carry up a brick wall betwixt it and the house of Jeremiah Bumstead, and cover the roof with slate or tile.
Licence granted to William Payne, joiner, to erect a timber building nigh unto his dwelling house in Boston, provided he slate or tile the roof and roughcast the west and south sides.
Licence granted to Thomas Downe, of Boston, to erect a timber building on a piece of land abutting on the New Lane, so-called, or highway leading towards Roxbury, provided it be set at 20 rods distance from any other building on the same side of the way.
Licence granted to Mary Small of Boston, widow, to erect a timber building in addition to one end of her dwelling house at the south end of the town.
Licence granted to the owners of the water-mills in Boston to make an addition of timber building to each of the mills to lodge grain in. [Board of Trade. New England, 49. pp. 289–290.]
May 9.
415. Order of King in Council, approving of the Representation of the Council of Trade and Plantations, May 8, and ordering directions to be sent to the Governors of Plantations in America for seizing the Beckford galley and the men on board her and proceeding against them according to law. Drafts of letters to be prepared and submitted to His Majesty accordingly. Signed, John Povey. Endorsed, Read June 17, 1700. 1¼ pp. [Board of Trade. Plantations General, 5. No. 60; and 35. pp. 277, 278.]
May 9. 416. Minutes of Council of New York. Memorial of Valentine Cruger and H.M. Order in Council, Dec. 21, 1699, read and com- plied with, Cruger being left at liberty to proceed in due form before the Board.
J.P.s of County of Richmond ordered to take care that the quota of the 2,000l. tax allotted to be paid by that county be paid by this day seven-night, or to appear before the Board on that day and shew cause.
Petition of Thomas Morgan and Garrit Vechte read. Ellis Duxbury, J.P. of Richmond County, summoned to appear before the Board.
Jonathan Davis paid 4l. 18s. for sweeping the chimneys in the fort, and John Rodman 25l. for building a party wall between his house and the King's in New York.
Commissioners appointed for the trials of Lamberse and Platt. [Board of Trade. New York, 72. 313–316.]
May 9. 417. Journal of Council in Assembly of Maryland. Petition of Major William Barton, High Sheriff of Prince George's County, read, signifying that he had had an unknown Indian committed to his custody by the J.P.s of the county, but that the Delegates utterly refused him allowance for imprisonment fees, and praying for relief. Recommended to the House, that they again take the petition into consideration.
It being moved at the Board whether it be expedient that this General Assembly after the end of three years should be dissolved or continued, it was advised that they be dissolved, for the general satisfaction of the country.
Bills for the speedy trial of criminals, making valid the will of James Tyer, securing the frontiers, naturalising Michael Bellicane, repealing certain laws and confirming others, were sent up, assented to and returned.
The Journal of the Committee of Accounts was brought up, read and assented to. Resolved, that, when the Assembly is prorogued, it only be from two months to two months.
The proposal of the Delegates, that His Excellency, having saved the country 500l. by taking off 10 Rangers, and lessened many former charges, and, coming into this Province at a time of very great scarcity, having been put to very great difficulties, and yet never reflected on the Province, be given a gratuity of 200l., was assented to.
The Delegates proposed, and the Council assented to, the appointment of a Surveyor and Committee for running out the bounds of the land formerly granted to the Choptank Indians, upon which no person was to settle without leave from the said Indians.
The Council assented to the order of the Delegates that if Major Dorsey, before the next Provincial Court, make over to his son a real estate equivalent to the lot and houses, which his son hath at Annapolis, formerly in the occupation of James Cullen, and shall sufficiently repair the said houses and convey them and let to His Majesty for a Public Store, his fine of 200l. shall not be levied.
The Governor returned thanks for the gratuity of 200l.
The Delegates submitted a proposed ordinance for running out land of the Piscattaway Indians according to the direction of Major William Boreman. The Council replied that they could not consent to depending on a deaf old man, as Major Boreman is, and recommended that the bounds be run out as they are recorded in the Council Book of Lord Baltimore, and that no person be permitted to dwell within the bounds without the Indians' consent.
Bill for establishing Religion ordered to be committed to the care of Dr. Bray to be sent for England.
Bill for assessing the public levy was read, amended by omission of the clause touching the disposal of the money, the Board holding it not at all advisable to leave the public bank quite empty, especially until the face of affairs be better settled, and sent down. It was sent up again, passed and returned. Committee appointed to pay the Rangers.
The Delegates addressed His Excellency for the speedy trial of prisoners now in custody; he replied that they should come to their trial some time next month.
Mr. Speaker and the Delegates attended with the Bills passed this Session, together with an Address to His Majesty to establish the Act of Religion. His Excellency assented to and sealed the said Laws, and then prorogued the General Assembly till July 9th. [Board of Trade. Maryland, 14. pp. 546–554.]
May 9. 418. Journal of House of Delegates of Maryland. Bill for the speedy trial of criminals read the third time and assented to. Put to the vote whether 200l. or 150l. shall be the present made to His Excellency, carried in the affirmative (sic).
Mr. Charles Hinson was sworn a Delegate for Kent County.
The Governor and Visitors of the Free School agreed that the library should be placed in the Free School until it can be otherwise disposed of, without any rent. The House returned thanks to them.
Petition of Mr. Barton rejected.
Ordered that Dr. Bray be returned thanks for his excellent sermon of that text "Remember thy Creator in the days of thy youth," and that he be acquainted that this House desires it to be printed, for which he thanked them.
Petition of John Mitchell for an allowance as door-keeper referred to the laying the next Public Levy.
Upon Mr. W. Bladen's proposals (1) it was resolved that Mr. Bladen print the Body of the Laws of this Province, if to His Excellency it shall seem meet, and that, upon his delivery of a copy to each County Court, he shall be allowed 2,000lb. of tobacco in each county; (2) a Committee was appointed for building a prison for any sum not exceeding 200l. sterling.
Bill for assessing the Public Levy read twice. The amendment by the Council was accepted.
The ordinance relating to the Piscattaway Indians being returned to the House with the Council's message (supra), the House "conceived the matters relating to the said Indians is too tedious now further to proceed thereon," and referred further consideration thereof till next session.
The amended Bill for apportioning the Public Levy was read twice.
Mr. Christopher Gregory, late Clerk of the House of Delegates, having died two months before the year for which his salary had been paid, ordered that his executors refund 2,000lb. of tobacco to Wm. Taylard, who has officiated since Mr. Gregory's death.
Resolved that Capt. Richard Hill with all convenient speed build a prison, as specified last Session, only the foundation to be of stone, and the other parts of the wall up to the plate of brick, on some lot in Annapolis as His Excellency shall direct, and be paid 150l. sterling for the same. To this His Excellency and Council would not consent, unless it were built of stone according to the dimensions in an ordinance of last Sessions. Referred to the Committee appointed to contract for the building.
Address to His Majesty signed. And see preceding abstract. [Board of Trade. Maryland, 15. pp. 536–550.]
May 9.
419. Order of King in Council. All Commissions for trying pirates pursuant to the late Act of Parliament, as well in H.M. Plantations in America as in the East Indies, are to be passed under the Great Seal of England. Copies of the report of Mr. Attorney and Mr. Solicitor General, and of the draught of a Commission prepared by them for trying pirates in the East Indies, are to be sent to the Lords Commissioners of Trade and Plantations for their opinion. They are also to prepare the draught of a Commission for trying pirates in America for H.M. approbation. Signed, John Povey. Endorsed, Recd. Read May 10, 1700. 1 p. [Board of Trade. Plantations General, 5. No. 57; and 35. pp. 204, 205.]
May 10. 420. Memoranda of drafts of Commissions for trying pirates in the East Indies, referred to in preceding. Endorsed, Recd. May 10, Read May 13, 1700. ¼ p. [Board of Trade. Plantations General, 5. Nos. 58, 59.]
May 10.
421. Council of Trade and Plantations to the Principal Officers of H.M. Ordnance. The fuzils which you are directed by the Treasury to provide, we desire you to furnish to Mr. Champante of the longest and lightest sort. This service requires the greatest dispatch. The ammunition may be according to that laid before you by Mr. Champante. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, George Stepney. [Board of Trade. New York, 54. p. 218.]
May 10.
422. Council of Trade and Plantations to Governor the Earl of Bellomont. As we were finishing our letters of April 11th and 19th, H.M.S. Advice arrived. The letters which she brought were carried to the Admiralty, and thence we have received your letter of Feb. 28th. But another of your letters, dated March 6th, appearing to relate wholly to Kidd and other pirates, remains with the Lords of the Admiralty, together with all the papers belonging to it. We were so sensible of the importance of your information relating to the Indians that we thought it our duty forthwith to lay a copy of all that part of your letter (Feb. 28) before His Majesty with our representation thereupon. Copy enclosed. His Majesty's particular orders thereupon will undoubtedly be sent to you in due time. Meanwhile, we think it necessary to acquaint you in general that His Majesty has been pleased to agree to all our proposals and even to the making up the four companies at New York 400 effective men, viz., with 100 men from the islands of Jersey and Guernsey, and 150 from Ireland, so that in case of necessity your Lordship may have a farther reserve of assistance from New England. There shall be nothing wanting in us to hasten the dispatch of all the things requisite on the present occasion, not doubting of your Lordship's care to apply every particular to the best advantage for H.M. service. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, George Stepney. [Board of Trade. New York, 54. pp. 219–221; and (rough draft), 44.A. No. 43.]
May 10.
423. Governor Grey to the Council of Trade and Plantations. I received your Representation, Sep. 14th, and the Lords Justices' Order for removing all delay in the case of Sir Peter Colleton's executors. The executors have certified to me that Judge Colleton is not liable to be censured for the delays they have met with. Signed, R. Grey. PS.—I shall send by the next conveyance the Journal of Council, Assembly Acts, and Minutes of Stores. Endorsed, Recd. July 1st, Read ditto 17th, 1700. I p. Enclosed,
423. i. Executors of Sir Peter Colleton to Governor Grey. Our suit hath been long and tedious, but we cannot charge Judge Colleton with making any use of his authority to delay it. The delays have been chiefly caused by the death of the late Governor, and by the death and removal of Judges. Signed, Wm. Sharpe, George Peers, Tho. Garth. ¾ p. [Board of Trade. Barbados, 8. Nos. 54, 54.i.; and 45. pp. 96–98.]
May 10.
424. Council of Trade and Plantations to the Earl of Jersey. In answer to the Earl of Limerick's petition for a grant of Pemaquid, we desire you would please to inform his Majesty that the whole country between Nova Scotia and the Province of Main, in which Pemaquid is included, has already, by H.M. Royal Charter to the Inhabitants of the Province of Massachusets Bay, been granted to them with power to make and pass grants of particular tracts of lands within the whole boundaries of that Province, but with a reservation nevertheless that no grants of any lands between the river of Sagadahock and the Gulph of St. Lawrence, in which Pemaquid is also included, should be of any force until His Majesty, his heirs or successors shall have signified his or their approbation of the same. By which it appears that His Majesty cannot gratify the petitioner in the matter of his request, until a grant of such lands be first obtained from the Corporation of the Massachusets Bay. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney. [Board of Trade. New England, 38. pp. 18, 19.]
May 10. 425. Copy of the trial, Jeremiah Basse, John Lofting and partners v. the Earl of Bellomont, relating to the Hester, seized in Perth Amboy. [The case, of which the argument is given together with the Lord Chief Justice's address to the jury, turned upon the question whether East Jersey was dependent on, or a distinct Government from New York.] King's Bench, May 10, 1700. Endorsed, Recd. Read Oct. 30, 1700. Recd. from Mr. Baker, late Solicitor of the Treasury. 41 pp. [Board of Trade. New York, 10. No. 20.]
May 10.
426. Wm. Thornburgh to William Popple. The Lords Proprietors of the Bahama Islands are of opinion that, since the late Act of Parliament has placed the approbation of their Governors in His Majesty, it cannot be expected they should give security for the behaviour of such persons as are so constituted, it being not required by any Act of Parliament that they know of; and especially considering such has been their care, the Governor hath entered into the bond of 2,000l. to my Lord of Bath in trust for the Lords Proprietors. Nevertheless, they are very well contented that the Governor shall likewise enter into bond with the King or otherwise as their Lordships shall direct. Signed, Wm. Thornburgh. Endorsed, Recd. Read May 10, 1700. I p. [Board of Trade. Proprieties, 5. No. 46; and 26. p. 208.]
May 10. 427. Journal of Council of Trade and Plantations. Letter to Lord Jersey, in answer to his of April 27, signed.
Letter to the Board of Ordnance signed.
Letter to Lord Bellomont, in answer to his of Feb. 28, signed.
Order of Council, May 9th, about Commissions, read. Sir Charles Hedges, Mr. Attorney General and Mr. Solicitor General summoned to attend.
Letter from Mr. Thornburgh, May 10, read. Capt. Hasket was informed that this Board are not satisfied with what Mr. Thornburgh writes, and cannot recede from what the said Thornburgh has been several times advised they insisted upon, by His Majesty's Order in pursuance of the Address of the Lords Spiritual and Temporal, March 18, 1696; that Hasket may acquaint the Lords Proprietors therewith; and for his own better information a copy of the Article in the said Address, which relates to this matter, was given him. [Board of Trade. Journal, 13. pp. 36, 37; and 97. No. 88.]