America and West Indies: June 1700, 1-5

Pages 296-302

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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June 1700

June 1. Bill for the better regulating of prisons and to prevent escapes agreed to with amendments. [Board of Trade. New England. 49. pp. 344, 345.]
June 3. 492. Solicitor General to the Council of Trade and Plantations. I have considered the Laws passed in General Assembly of New York, Oct. 5, 1696–April 23, 1697, and find in them nothing but what is agreable to law and justice, or that is prejudicial to H.M. Royal prerogative. Signed, Jo. Hawles. Endorsed, Recd. 28th June, Read 1st Aug., 1700. 2 pp. [Board of Trade. New York, 10. No. 3; and 54. pp. 283–285.]
June 3. 493. Journal of Council of Trade and Plantations. Report relating to Admiralty Passes agreed upon.
Progress made in preparing a Report relating to Commissions for the trial of pirates in the Plantations.
June 4. Further progress made with above report.
June 5. Representation relating to Admiralty Passes signed.
Representation relating to Commissions for trying pirates signed. Letter from Mr. Thornburgh, May 29, read. Directions for a Representation thereon given.
Memorial from Col. Codrington relating to soldiers in the Leeward Islands read. Ordered that the Secretary acquaint him, whenever he calls, that the King having settled his military establishment there to consist only of one Company in St. Christopher's, this Board cannot at this time propose any alteration therein; but that, as for those that are to be disbanded, if he can make such dispatch to arrive there time enough and be able to persuade all or any of them to remain and settle in Antegoa or any other of those Islands, it will be very well. [Board of Trade. Journal, 13. pp. 60–62; and 97. Nos. 101–103.]
June 3. 494. Minutes of Council in Assembly of Massachusetts Bay. Bill relating to the office of a Coroner passed and sent down to the Representatives.
Bill for regulating prisons read and ordered to be read again to-morrow.
Bill relating to dower and provision for posthume children read a first time.
His Excellency laid before the Board a letter from the Hon. John Winthrop, Governor of Connecticut, importing that the General Assembly of that Colony, being desirous that the boundaries betwixt the same and this Province might be adjusted, had appointed Commissioners to treat and fully issue and conclude the same with this Government. His Excellency ordered the letter to be sent down to the House of Representatives.
June 4. Committee of both Houses appointed to treat with the Commissioners of Connecticut with reference to the boundaries, to inform themselves how far the said Commissioners are empowered in that behalf, to receive proposals from them, and to make their report thereon to this Court at their present Session.
The hearing of the petition of the Town of Newton was fixed for June 11th.
Bill relating to dower etc. read a second time and committed.
Bill for regulating prisons again read.
Several petitions referred to a Committee to report upon.
John Higginson and Benjamin Browne were sworn Councillors.
A Committee of both Houses was appointed to prepare an address to His Majesty with reference to the encroachments and claim of the French to part of this, His Majesty's Province and Territory, and right of Fishery upon the coast of Accadie or Nova Scotia; and that there may be a settlement and adjustment of the boundaries betwixt this Province and the French Territory to prevent future troubles, and the right and privilege of the English to the Fishery to be asserted.
His Excellency, intending to visit the Castle and to take a survey of the harbour of Boston to-morrow, attended with some of the Council and a Committee of the Representatives, adjourned the Council till June 6. [Board of Trade. New England, 49. pp. 345–348.]
June 4. 495. Minutes of General Assembly of Barbados. Thomas Maycock and Wm. Terrell fined for not attending. Others absent sick. Only thirteen being present, the House adjourned. [Board of Trade. Barbados, 65. p. 562.]
June 5. 496. Memorandum of Correspondence relating to Algier Passes, from April 29, 1698. [Board of Trade. Plantations General, 35. pp. 210–212.]
June 5.
497. The Council of Trade and Plantations to the King. Refers to letter from the Admiralty, May 28, and Order in Council, May 30th, relating to Passes, and represents:—(i) That a sufficient number of Admiralty Passes pursuant to the Treaty with Algier be immediately sent by several conveyances to all the Governors of the Plantations acting by your Majesty's immediate commission, to be given out by them as shall be requisite. But whereas there is at present no Governor of any Propriety or Charter Government, who has your Majesty's approbation in pursuance of the late Act for preventing frauds etc., we humbly propose that in all such Plantations the Passes be intrusted with the respective Collectors appointed by the Commissioners of Customs in pursuance of the Act, 25 K. Charles II. (ii) That notice be given to the Governors or Commanders in Chief of your Majesty's Plantations and to the Collectors aforesaid that the Algerines have given no longer time than till Sep. next for all ships belonging to your Majesty's subjects to be provided with Passes, and have declared that such of our Navigation as their cruizers meet with after that time shall be carried up and their goods confiscated, to the end that they may give notice to all persons concerned in their respective Governments and Districts, in order to their providing themselves with Passes as requisite for the security of their trade and navigation not only from the Plantations to Europe, but from one Plantation to another. (iii) That unless Passes be already given to all ships gone this year to Newfoundland, there be a sufficient number of Passes immediately sent by more than one conveyance to the Commander(s) in Chief of your Majesty's ships of war at Newfoundland, to be by him distributed to the ships that are there qualified to receive them, and that intimation be likewise given to the said Commander in Chief of the intention of the Algerines, that he may communicate it to the masters of ships at Newfoundland. (iv) That the Governors and Collectors distribute the Passes to the masters of such ships as are qualified to trade within their respective Governments and Districts. (v) That no such Pass be given for any Ship unless it appears that she is at the same time in some port or place within such Government or District. (vi) That no such Pass be given until the master of the ship, for which it is demanded, have made oath before some person who has power to administer an oath in the Plantation where it is so demanded, that he has no other Admiralty Pass, and, in case he have any, until such former Pass be delivered up. (vii) That every master of such ship, before any such Pass be given, do give bond with one good security in the sum of 100l. stcrling, if the ship appear to be above 100 tuns, and 50l. if under, for the return of his Pass to the Admiralty. (viii) That the Passes for all ships entering outwards in the Plantations, coastwise, or for any other of your Majesty's Plantations, continue in force for one year and no longer, and for ships entering outwards there for Africa or Europe do determine either at the expiration of one year or upon their return and being unladen in any of the Plantations or in England. (ix) That Registers of these be kept, and transcripts of them transmitted quarterly to the Admiralty, and communicated by every opportunity by the Governors and Collectors to each other. (x) And that whereas by the too short limitation of time, until September next, it is to be feared that many of the ships gone to Newfoundland and the Plantations may miss of the Passes now to be sent thither, we are humbly of opinion that Passes be also lodged for such ships under the foresaid regulations with your Majesty's Ministers and Consuls in the ports of Portugal, Spain, France and Italy, which may be more particularly of use for the Newfoundland ships and others carrying fish to those parts, as well as other ships now abroad that may stand in need of them. And we humbly crave leave to add that the most pressing and effectual means be used by your Majesty's order at Algier to induce that Government to enlarge the time now set by the Dey for the furnishing ships with Passes, without which we apprehend many of your Majesty's subjects, notwithstanding all other provisions that can be made, will suffer great loss. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Locke, Abr. Hill. [Board of Trade. Trade Papers, 15. pp. 67–73; and Plantations General, 35. pp. 213–220.]
June 5.
498. Council of Trade and Plantations to the King, offering names of Commissioners recommended to be included in the Commissions for the trial of pirates in America:—Those holding the following offices for the time being are proposed with variations suitable to each Plantation—The Governor, Commander in Chief and Lt. Governor; Proprietors, Vice-Admiral, Members of Council, Chief Justice, Judge of the Admiralty, Captains and Commanders of H.M. ships of war within Admiralty jurisdiction, Secretary, Receiver General of H.M. Revenue, Collectors of the Plantation Duties, Judges of the Courts of Common Pleas, Surveyors General of H.M. Customs in America. Concludes,—Commission for Newfoundland:—the Captains, Commanders, Lieutenants and Masters of H.M. ships of war at or near the coast for the time being, the masters of English ships at Newfoundland of 200 tons and upwards, and George Larkin, Esq. As to the Bermuda Islands, the Government there being now unsettled, we cannot at present nominate a sufficient number of fit persons. For the better settling the forms of proceedings in the execution of the Commissions, we humbly offer that George Larkin, who is recommended to us by Sir Charles Hedges, Judge of the High Court of Admiralty, as well versed in the Civil Law, may be sent with duplicates of the Commissions to the several Plantations, in order to inform the Commissioners and do what else may be necessary in the holding of those Courts, which service we conceive may be performed within the compass of one year. We humbly offer that your Majesty's Attorney and Solicitor General be directed forthwith to prepare the necesary Commissions. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Locke. [Board of Trade. Plantations General, 35. pp. 221–239.]
[? June 5.] 499. Memorial from Col. Codrington to the Council of Trade and Plantations. I beg leave to recommend to your Lordships' consideration whether some measures may not be taken for securing to the Islands those men who shall remain upon the breaking of Col. Foxe's regiment, whether you would not think it for His Majesty's and the public service that two companies of 100 men each should be formed for the Island of Antigua, the Windward part of which, as I am informed, is very thinly if at all settled, by reason of the frequent attempts of the Indians from Dominique and Ste. Lucie, who have so often landed there and carried off the negroes and sometimes whole families which have lain too distant from others, that no Planters are now willing to venture themselves or their stocks there. I would only propose this charge should be on the King's account till the next session of Parliament, and if it could not then be obtained upon their Lordships' representation that those two companies should be added to the present establishment, I would endeavour jointly with the Council and Assembly to settle the men there as Planters, by allowing them such proportions of land as would be sufficient to support them, which would necessarily be done by choosing tradesmen or otherwise industrious and useful men for these two companies. If this proposal should not be closed with, I am obliged in duty and am desired by several merchants and others interested in the Islands to remind your Lordships that there has never been less than two companies at the King's charge on the Leeward Islands, since the breaking of Sir Tobias Bridges's regiment, which two companies were formed into one upon sending the Duke of Bolton's regiment there. Whether the single company at St. Christopher's be of any use or no is left to your Lordships' consideration, for in time of peace there is no enemy to fear and it is only a burthen to a very poor people; in time of war it would only increase the affront of an insult against which it would be a very insufficient guard, since the French have never less than five companies on their part of the Island. Signed, Chr. Codrington. Endorsed, Read June 5, 1700. 2½ pp. [Board of Trade. Leeward Islands, 6. No. 72; and 46. pp. 42, 43.]
June 5.
500. Col. Quary to the Council of Trade and Plantations. I very readily complied with Mr. Secretary Vernon's instructions, and paid the balance of the pirates' money and effects to the L.G. of New York and have taken his receipt, being so ordered by the Earl of Bellomont. I sent Mr. Secretary a complete account of all that ever came to my hands, which I have sworn to, and also an account of the charges I have been at in seizing the pirates and for their maintenance. I send you the same. It is possible you may think the charges to the men that assisted me in apprehending the pirates amount high, but when Mr. Penn's Governor refused me any assistance, I had to raise a number of brisk men, that would venture their lives and stand by me, and that could arm themselves, by obliging myself to pay them their own terms, for I had no power to command or press men. I had then a prospect of seizing all the pirates and their effects, to the value of 30,000l., which I had certainly effected, had I not been betrayed by some ill men of these Governments, who gave the pirates intelligence and carried them off the country in boats, and then the purchase would very well have defrayed the charge, besides the great service it would have been to His Majesty to have those villains apprehended, which was the main thing I aimed at. We spent a month's time cruizing the Bay and travelling by land in pursuit of these rogues, so that if the time be considered, with the fatigue and hazard of the men's lives, I presume you will not think 10 pounds a man was extravagant. I have told Mr. Secretary that I am very much threatened to be sued for all the money that came to my hands, in case the persons from whom it was taken should be cleared in England. Nor did I want advice enough backed with reason and law to persuade me to keep the money in my hands till I knew the issue, but I slighted and scorned all advice of that nature, it having ever been my principle to obey, not to dispute, the pleasure of my Prince. I am able to prove every article of my accounts and therefore beg your allowance of it. All the news of America is, the swarming of pirates not only on these coasts, but all the West Indies over, which doth ruin trade ten times worse than a war. Nothing but extraordinary means can remedy this great evil, such as H.E. Governor Nicholson hath lately shewn, who did not stay to lose the occasion, but went out immediately in person, and fought a pirate ship of one hundred and forty men, as well fitted and armed as ever men were. The fight continued from eight in the morning till five in the afternoon, in all which time he never stirred off the quarter-deck, but by his example, conduct and plenty of gold, which he gave amongst the men, made them fight bravely, till they had taken the pirates' ship, with a hundred and odd prisoners, the rest being killed. A few more such expeditious, brave and generous actions from other Governments would quickly clear these coasts of pirates. I had this account from three men of good credit, that were prisoners on board the pirate all the time of the fight. They assured me that had not His Excellency been in person on board the Shoreham galley, the pirate ship had not been taken. Signed, Robt. Quary. Endorsed, Recd. 8, Read 9 Aug., 1700. Holograph. 2 pp. Edges damaged. Enclosed,
500. i. Deposition of Robt. Quary as to the pirates' goods which passed through his hands. 1 p.
500. ii. Account of money and effects of pirates and of expenses in connection therewith. 1¼ pp. [Board of Trade. Proprieties, 5. Nos. 54, 54.i.–ii.; and (without enclosures) 26. pp. 294–299; and (ii. only) America and West Indies. New York, 580. No. 22.]
June 5.
501. Minutes of Council of Virginia. Dionisius Wright took the oaths appointed and was admitted Clerk of the Council.
His Excellency laid before the Council His Majesty's letter of Dec. 26, 1699, commissionating Robert Carter and John Custis to be sworn members of Council; also His Majesty's letter of Feb. 10, 1699, relating to pirates, in the presence of Capt. Aldred and Capt. Passenger. Pirate prisoners ordered to be sent home, and also Abraham Surtley, a Dutchman, and William Hunt, a New England youth taken by the pirates, as witnesses. Capt. Aldred and the other captains are to report in England as they find the carriage and demeanour of the pirates. The pirates' goods were ordered to be secured and inventoried till His Majesty's pleasure is further known.
The pirates were reported shipped as ordered.
The Committee appointed to value the bread and flour taken in the prize gave their return.
Upon a serious consideration that our coasts are often and frequently infested with pirates, and in that respect this country being, as it were, in a continual state of war, the inhabitants being very remote and not without great difficulty to be got upon a sudden alarm, and if continually kept in arms or on board, it will be the utter ruin of their crops and His Majesty's interest thereby much prejudiced; and further considering that Capt. Passenger in his late engagement had not men enough to handle the sails and man the guns, which he hath been several times desired by the Council to communicate to the Admiralty, but the same is not yet done, this Council do hereby humbly submit the same to their Lordships' consideration, and that the highest complement of men may be allowed to Capt. Passenger, with a small vessel to attend him, that he may be thereby the better enabled to secure these coasts from infesting pirates.
Capt. Robert Quary's deposition concerning pirates' goods seized by him was by him subscribed and sworn to.
Consideration of the escape of some condemned pirates from the custody of Major John Thorowgood, late Sheriff of Princess Anne County, referred to the Attorney General.
The opinion of the Attorney General, that Robert Bayley, master of the Lyon of Bristol, by sailing out of this Colony without having first cleared or paid H.M. duty of 2s. per hhd., has forfeited his entry bond, and, by sailing when an embargo was laid on all ships to wait for convoy, has committed very great and high contempt of H.M. Government, for which he ought to be proceeded against with the utmost rigour of the law, recommended to the Committee for the Revisal of the Laws and submitted to the consideration of the Lords Commissioners of the Plantation trade.
The great guns left at James Town ordered to be spiled up to prevent their receiving any damage.
Rowland Thomas, formerly belonging to the Pensilvania Merchant, taken by the pirates, was granted a pass for his transportation to England. [Board of Trade. Virginia, 53. pp. 471–477.]