America and West Indies: June 1700, 16-20

Pages 343-354

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 16.
553. Governor Sir William Beeston to the Council of Trade and Plantations. I have received yours of the 5th of March, with Mr. Smith's petition. I do not know the Gent. nor do I believe he knows me, but must conclude that he has done me a manifest injury, so positively to assert to His Majesty of me what is positively false, for I never was concerned with nor about his ship nor anything that belonged to her, nor ever sold or ordered the sale of her or meddled with the money or anything else belonging to her, but she fell into the hands of the law, where I have no authority to hinder the process of the meanest of His Majesty's subjects, nor hinder any judgment or stop any execution nor other process out of any of the Courts, and God forbid myself or any other of His Majesty's servants should be enabled with any such arbitrary authority. But since it's your Lordships' commands to me that I should return some answer to the said petition, I will relate all I know. What they say about the ship being set out for Newfoundland, there taken by Bourke, brought to Hispaniola and thence hither, I do believe to be true, and when she came hither Rere-Admiral Benbow, believing he had the sole authority over all things that moved on the water, took her into his possession, but being aweary of her and the trouble, in a short time turned her off; then they applied to me. I told them I could do nothing in it, Mr. Benbow having pretended to secure her for the owners, but since he had turned her off, if I could do the owners any service, I would, and presently sent to the merchants to know if any of them knew the owners, and would take care of the ship for them. Some answered they knew them, but did not know but the ship might be insured, but, if she were not, they would not disburse their money for hire of men, provisions, etc. (for the ship passing through the hands of pirates and others, was pillaged of all that was moveable), when they did not know if ever they should be repaid or thanked for their trouble. On this, the sailors, who brought her in, libelled her in the Admiralty for wages or salvage—I believe for the last—where she was condemned and sold for the most she would yield, and the salvage and charges paid, and the remains there deposited for the owners. The gentleman that bought her fitted her out for the Bay of Campechy, to load logwood, and thence ordered her for Amsterdam. A few days after she was sailed, arrived an Agent from the owners to look after her. I bid him enquire in the Admiralty what had passed, and there he would be satisfied much better than I could tell him, and that if the Commissioners of the Admiralty believed his power was good, I would write them as my opinion that they would do well to pay him the money the Court had in their hands, that there might be no delay nor farther trouble about it, which I believe they did, and the man went to Campechy in search of the ship, for I never heard any more of him. This is the whole truth that I know, and I humbly pray you to represent it to His Majesty that I may not lie under his disfavour, nor Mr. Smith's farther scandal about it. It's well for him she was sold in the Admiralty; else nobody would have looked after her, and she would have sunk in the harbour, and then all would have been lost to him. These things taken up at first bound and without enquiry into the truth before they venture to report it, gives your Lordships great trouble to examine and me great trouble to defend myself from such false aspertions. Those that bought the ship and fitted her out tell me they have made very fair offers about her to the agent, who came here to look after her.
I have lately received a letter from Mr. Heathcote, wherein he aquaints me that by your favourable Representation, His Majesty has been graciously pleased to pass the Act in my favour, for which I must in all obedience acknowledge His Majesty's goodness and your kindness. The country continues hitherto very healthy, and by the next good ship I intend to send you the public accounts and the muster-rolls. In this ship Col. Lowe, one of the Council, goes for England, and Capt. Banister is uncapable of coming abroad, so that the four I lately recommended to your Lordships or what other four you think more fitting, will now but fill the Council. Signed, Wm. Beeston. Endorsed, Recd. 20th, Read 26th Aug., 1700. Holograph. 1¾ pp. [Board of Trade. Jamaica, 9. No. 20; and 57. pp. 92–96.]
June 17.
554. Earl of Jersey to the Council of Trade and Plantations. The King refers enclosed to you that you may examine petitioner's title and report thereupon. Signed, Jersey. Endorsed, Recd. July 1. Read July 26, 1700. 1 p. Enclosed,
554. i. Petition of John Crowne to the King. Petitioner's father, William Crowne, was joint purchaser with Sir Thomas Temple of all those lands in America called Nova Scotia, and bought'em of those who derived their title from the Crown of Scotland. Sir Thomas Temple, Sept. 12, 1657, made over all his right and title in Penobscot and other lands adjacent, being part of Nova Scotia, to William Crowne and his heirs for ever. King Charles II, 1668, at the Treaty of Bredah surrendered all these lands to the French, to the ruin of the Proprietors. The limits of your Majesty's dominions in America being shortly to be settled by English and French Commissioners, Petitioner has lately given a paper to the Lords Commissioners for Trade and Plantations, wherein he makes it apparent that Penobscott with the lands belonging to it are a part of your Majesty's dominions, that the French neither own nor possess 'em. He prays that the said Commissioners may be ordered to hear his title and that meantime he may be given something for his present support and expenses in pursuit of his right. 1 p. [Board of Trade. New England, 10. Nos. 43, 43.i.; and 38. pp. 90–92.]
June 17.
555. Earl of Jersey to the Council of Trade and Plantations. His Majesty desires to be informed not only what has been allowed by New England, New York and New Hampshire to their Governor by way of an established salary, but likewise what they have given him as a gratuity and what may for the future be expected from them in the same manner. Signed, Jersey. Endorsed, Recd. June 20, Read June 21, 1700. 1 p. [Board of Trade. New England, 10. No. 44; and 38. p. 28.]
June 17.
556. Council of Trade and Plantations to the principal officers of H.M. Ordnance. Having understood that His Majesty has been pleased finally to direct that proper arms be sent for presents to the Five Nations of Indians, according to our Representation, and H.M.S. Advice, which is to carry them, being now ready to sail, we pray you to give the necessary dispatch to this matter, that the opportunity of this ship be not lost, we being informed that no other ship will be going for those parts these two or three months. Signed, Ph. Meadows, Wm. Blathwayt, John Loke, Abr. Hill. 1 p. Corrected draft. [Board of Trade. New York, 10. No. 8; and 54. p. 238.]
June 17.
557. William Popple to Josias Burchet. The Council of Trade and Plantations desire you to move the Lords Commissioners of the Admiralty to suspend the dispatch of the sailing orders of H.M.S. Advice, which they are informed would be sent to-night or to-morrow, for two days, by which time they hope all things intended to be sent for His Majesty's service to New York will be ready. [Board of Trade. New York, 54. p. 239.]
June 17.
558. J. Burchett to Mr. Popple. There being at present no Governor at Bermudas, and my Lords of the Admiralty being directed to send passes thither, I pray you will let me know to whom they may most properly be sent. I suppose the care of the government is in the hand of some one person or more, and that they will not scruple at putting the Instructions of my Lords in execution. Signed, J. Burchett. P.S.—The Advice is now ready to sail, and I fear that the service she is going on will not admit of her staying for the small arms for New York, if all possible dispatch be not made. Endorsed, Recd. 17th, Read 18th June, 1700. 1 p. [Board of Trade. Bermuda, 4. No. 31.; and 30. p. 21.]
June 17. 559. Journal of Council of Trade and Plantations. Letter from Lord Jersey, June 12th, read. Messrs. Atwood and Broughton were directed to bring a copy of the Commission for Mr. Chilton to be Attorney General of Barbadoes.
Letter to Mr. Lowndes, June 18, ordered.
Mr. Champante attended the Board, and in response to his representations, letters were written to the Board of Ordnance and Mr. Burchett.
Order of Council, June 13, read. Owners of the William and Jane directed to lay before the Board in writing the proofs of the right of His Majesty's subjects to trade on that part of the coast of Africa where she was seized, and to explain more particularly the extent of that part of the coast concerning which they speak.
Order of Council, May 9, read. Directions given for preparing draughts of letters to Governors of H.M. Plantations for seizing the Beckford Galley, etc.
Order of Council, May 16, relating to Mr. Skene, read.
Order of Council, June 6, relating to passes, read.
Order of Council, June 6, relating to Commissions for the trial of pirates, read.
Order of Council, June 6, relating to an allowance to be made to Mr. Larkin, read.
June 18. Capt. Lilly, the engineer, who has been lately at Jamaica, laid before the Board a memorial concerning the fortifications, which was read. He further presented to the Board a general draught of the Island, together with a particular draught of Fort Royal and some other draughts or projects of forts that he thinks necessary to be built for the defence of the Island.
Mr. Champante said that the Board of Ordnance had now promised to supply him with such light fuzils as had been ordered for the Indians, and had writ to the Admiralty in what time they could be ready, so that they may be sent by H.M.S. Advice.
Letter from Mr. Burchett, June 17, asking to what person the passes intended for the Bermuda Islands may best be sent, read. Reply ordered indicating the Collector.
Draught of a circular letter to the Governors, in pursuance of the Order in Council, May 9, about the Beckford galley, approved. Ordered that Sir Bartho. Gracedieu be sent for, to know to which of the Plantations he desires those letters should be sent.
Letter from Mr. Burchett, June 18, read. [Board of Trade. Journal, 13. pp. 76–81; and 97. Nos. 110, 111.]
June 17.
560. Minutes of Council of Massachusetts Bay. Licences granted to Joseph Russell to erect a timber building on the backside of his house near the house formerly called the Red Lion; to Joshua Lane to erect a timber building in Atkinson's Lane; to Benjamin Brame to enlarge a leantoo adjoining his dwelling-house, near the house of Dr. John Clarke; and to Benjamin Fitch to erect a timber building in the lane by the Bowling Green in Boston. [Board of Trade. New England, 49. pp. 298, 299.]
June 17. 561. Minutes of Council in Assembly of Massachusetts Bay. Bills against Jesuits and for regulating prisons, passed by the Assembly, were read and passed, and received His Excellency's consent.
Vote of the Representatives upon the petition of the Church and Society upon the North River in Situate was concurred with, confirming the settlement of the General Court of the late Colony of Plymouth, 1680, authorising that Society to rate themselves distinct from the lower Society for maintenance of the ministry etc., amongst them.
Committee of investigation appointed, November 1698, upon the petition of Joseph Easterbrook and Thomas Clarke and other inhabitants of Concord and Chelmsford, praying the grant of land for a neighbouring township commonly called Nashoba, continued in accordance with the vote of the Representatives.
Committee of investigation appointed, according to the recommendation of the Representatives, upon the petition of the town of Boxford, praying that Mr. Endicot's and Capt. Gold's farms within the said township, formerly ordered to pay rates and duties to the town of Topsfield, may be returned unto Boxford.
10l. granted to York for the maintenance of a minister.
5l. ordered for mending the road to Connecticott, especially betwixt Worster and Brookfield, reported encumbered with trees fallen and rocky swamps.
Report of Committee appointed to state the boundaries between Freetown and Tiverton laid before the Board. The boundaries therein expressed were accepted.
June 18. Excise Bill amended.
Petition of several Indians residing within the County of Barnstable, complaining that some covetous English persons, crediting of them for small sums and requiring payment by service, ofttimes would oblige them to unreasonable terms, and praying that no Indian may be put forth or taken as a servant but by the allowance of two Justices of the Peace, read. Bill ordered accordingly.
June 19. Above Bill read twice and debated.
The Representatives were summoned and before the whole Court the case of Framingham and Sherborne was heard, Framingham petitioning to be made a township. [Board of Trade. New England, 49. pp. 363–368.]
June 18.
562. William Popple to Josias Burchett. In answer to your letter of June 17th, the Council of Trade and Plantations desire you to acquaint the Lords Commissioners of the Admiralty that in the present unsettled condition of Bermuda, and till a new Governor be appointed for that Island, they cannot think any person there more proper to be entrusted with the distribution of passes than the officer, whom they proposed by their Representation of the 5th to be entrusted therewith in the respective Proprieties and Charter Governments, viz., the Collector appointed by the Commissioners of H.M. Customs in pursuance of the Act of the 25th of Charles II. for the encouragement of the Greenland and Eastland Trades, and for the better securing of the Plantation Trade. [Board of Trade. Bermuda, 30. p. 22.]
June 18.
563. William Popple to William Lowndes. I enclose Representation of the Council of Trade and Plantations, Dec. 14, '99, and Order of Council thereupon. Mr. Atwood and Mr. Broughton have been appointed Chief Justice and Attorney General of New York, and will wait upon you in order to the dispatch of what may be necessary for them from the Lords of the Treasury. [Board of Trade. New York, 54. pp. 240, 241.]
June 18.
564. J. Burchett to Mr. Popple. My Lords of the Admiralty will, as the Lords Commissioners for Trade and Plantations propose, June 14, leave it to Lord Bellomont to forward the passes to the several Plantations. Refers to distribution of passes among the Consuls. My Lords would gladly do all that is in their power for security of such Scotch ships as may be forced into the Plantations, but they cannot think it proper to direct the Governors to furnish them with passes, for in that case they must not only sail with English colours, but many other objections will arise, besides that of the Lord High Admiral of England's granting passes to the ships of a kingdom that hath a separate Admiralty, which their Lordships judge will render this matter altogether impracticable. My Lords will order the Commander-in-Chief at Newfoundland to endeavour to prevail with one master to be bound for the other for delivering up his pass; otherwise to take each master's simple security. The proposed alterations are made relating to the Instructions to Consuls, as is that also in the bonds to be given by the masters of ships with fish or timber from New England, their returning their passes to any person entrusted with the delivery of the same in the Plantations, in case they happen to proceed to the Plantations without coming for England. Care shall be taken to rectify what is amiss in the pattern for filling up the oaths and to make them as intelligible to the persons concerned as may be. Signed, J. Burchett. P.S.—My Lords will defer the sending the Advice her sailing instructions for two or three days, in hopes the things for New York will be ready. J.B. Endorsed, Recd. Read June 18th, 1700. 3 pp. [Board of Trade. Plantations General, 5. No. 71; and 35. pp. 279–282.]
[? June 18.] 565. Description of Jamaica [by Capt. Lilly, the engineer]. Since in the possession of the English the eastermost one-half of the south side has always been the best settled, but in the French invasion a great part of that, viz., the Portmorant quarters were entirely left to be laid waste by the enemy, so that there now remains only Liganee, Sixteenmilewalk, Guanaboa, St. Catherine's, St. Dorothy's, Clarendon and Vere that are well settled. Of these Sixteenmilewalk and Guanaboa are naturally fortified, being on all sides environed with great mountains, through which there is but very narrow passes. The low lands of Clarendon, Vere, St. Dorothy's and St. Catherine's are one side covered with mountains, but on the other altogether open to the sea. Liganee is cut off from all the rest by very narrow passes, it is three quarter parts covered with mountains, but towards the sea this, as well as all the rest of the low lands mentioned, has nothing but Port Royal for its chief bulwark, which in truth is but a very weak one, and of no manner of security, either for this or any other of the settlements of Jamaica, as shall be shewed hereafter. The town of Port Royal was formerly joined to the mainland of Jamaica by a narrow isthmus of near four leagues, which contains but about 25 acres, on the south of which is built a small fortification called Fort Charles, which does not contain full three-quarters of an acre of ground, the portholes of which, with its other ways antick contrivance, renders it extreme weak, and subject to surprises, for the wall thereof is nowhere above six foot thick, and every porthole is a gate for an enemy to enter at, especially being there is not the least ditch or pallisado about it. Even if the fortification were really strong, it would be of little or no use for the security of the mainland, for there is to the south-west of it a channel, called the Leeward Channel, through which ships of war may at any time with the usual sea-breeze go into or out of Kingston Harbour, without having occasion to come within a mile and a half of Port Royal.
Effectually to secure Jamaica, there is a point of land northwest of Port Royal, called Musket Point, which ought to be well fortified. This fortification would effectually hinder the entrance into Kingston Harbour, and cover the most valuable parts of Jamaica, particularly Liganee, which is the finest and best settlement in the Island, and so situated that, if an enemy once gets possession thereof, he is naturally fortified against all the rest. This fortification will also cover the chief town of the Island called St. Iago, where the Governor commonly resides, the Assembly meets, and the Courts of Judicature and Records are kept, as also all the adjacent settlements, vizt., Sixteenmilewalk, Guanaboa and St. Dorothy's, down as far as Old Harbour. Now because there is two more places where an enemy may land and attack the two remaining settlements of St. Dorothy and Vere, there should therefore in each of these two places a small field fort or redoubt be built, to stop an enemy till all the strength of the Island can be brought together, which the Governor may safely do, because when an enemy is once got so far to Leeward it will take up a great deal of time before he can get up to Windward again to annoy the inhabitants there.
As to raising the money for building these forts, for want of a better expedient methinks a tax of two pens per acre upon all lands taken up in the Island, which I believe is about 1,200,000 acres. As to the maintenance of these fortifications, the King has hitherto allowed out of the Revenue of Jamaica 1,250l. yearly for the maintenance of that trifling redoubt at Port Royal: if His Majesty would adopt this sum to the maintenance of these new fortifications, viz., 900l. for the fort at Musketo Point, 200l. for that at Vere and 150l. for that at Old Harbour, I belief it would be sufficient. And because the number of fighting freemen does not exceed 1,500 at most, a very small number indeed for to govern nearly 40,000 negro slaves, which they are masters of, and for to have an enemy to fight besides, there should therefore at least 500 military men be sent thither to guard these forts, as also some good gunners and two 11-inch mortars, there being already some shells there for to fit them. There should also a skilful engineer be sent to continue there, who should have the command of these fortifications. Though the King allows 1,250l. yearly for the maintenance of that little fort at Port Royal, yet I do not believe there is one gunner in it nor one man that understands of the art of gunnery or fortification; and tho' I did above two years reside in the Island, yet I could never rightly perceive to what purpose these 1,250l. were employed. If remedy be not applied, I do verily believe that the first enemy that shall attack Jamaica will carry it. Three thousand men with arms, ammunition, provision and a knowing officer at the head of them, will be sufficient for to do it. Endorsed, Capt. Lilly's memorial concerning the fortifications of Jamaica. Recd. Read June 18th, 1700. 2¼ pp. [Board of Trade. Jamaica, 9. No. 17; and 57. pp. 65–71.]
June 19. 566. Attorney General to the King. I cannot find any law whereby the Proprietors of Plantations are obliged to give security for their Deputy Governors. But there were two several Acts passed the last session of Parliament, one the Act for the more effectual suppressing of piracy, whereby it is enacted that if any of the Governors or any person in authority in the Plantations shall refuse to yield obedience to the said Act, such refusal is thereby declared to be a forfeiture of all and every the Charters granted for the Government or Propriety of such Plantation; and [by] another Act, passed the same session and entituled an Act to punish Governors of Plantations in this kingdom for crimes committed by them in the Plantations, it is enacted that the Governors and Commanders-in-Chief of any Plantation or Colony within His Majesty's dominions beyond the seas shall be liable to be prosecuted and punished within this kingdom for any crime or offence committed by him after Aug. 1, 1700, contrary to the laws of this realm; which laws I conceive do in some measure answer the design of the Proprietors giving security for their Governors, the Governors being thereby obliged to use their endeavours for the suppression and punishment of pirates within the respective Plantations of which they are Governors under the penalty of the Proprietors forfeiting their charters, and the Governors being also liable by the last Act to be punished here. Signed, Tho. Trevor. Endorsed, Recd. 1st July, Read 24th ditto, 1700. Copy. 1½ pp. [Board of Trade. Proprieties, 5. No. 59; and 26. pp. 241–243.]
June 19.
567. Council of Trade and Plantations to the King. In obedience to your Majesty's Order of May 9th, we humbly lay before you draughts of a letter to the Governors of Plantations for seizing the Beckford galley and men aboard her, with the names of the Plantations to which Sir Bartholomew Gracedieu desires your Majesty's letters may be sent. Signed, Ph. Meadows Wm. Blathwayt, Jno. Locke, Abr. Hill, Geo. Stepney. Annexed,
567. i. Draft of a circular letter to the Governors of the Massachusetts Bay, New York, Virginia, Barbados, Leeward Islands, Jamaica, referred to above.
567. ii. Description of the Beckford galley, and Ryder the pirate. [Board of Trade. Plantations General, 35. pp. 297–299.]
June 19.
568. R. Yard to Mr. Popple. Enclosing a letter from the King to the Governor and Council of Barbados for restoring Scotchmen to the Commission of the Peace in that Island. Signed, R. Yard. Endorsed, Recd. 19th, Read 25th June, 1700. Inscribed, One of the above mentioned letters was delivered to Mr. Skeen, and the duplicate sent to the Agents. 1 p. [Board of Trade. Barbados, 8. No. 50; and 45. p. 83.]
June 19. 569. Journal of Council of Trade and Plantations. Sir Bartholomew Gracedieu said that he only wished His Majesty's letters relating to the Beckford galley to be sent to the Massachusetts Bay, New York, Virginia, Barbadoes, Leeward Islands and Jamaica. Representation thereupon signed.
Order of Council, May 30, about passes, read.
Capt. Long presented to the Board a memorial of his observations relating to the Isthmus of Darien.
Mr. Brenton, having been sent for to give what information he could relating to the eastern coast of New England and islands adjacent, said that [the] river of Penobscot will be of mighty advantage to whoever has it, in respect of the woods that lie in those parts for masts and timber for shipping; that the English have formerly had cattle upon several of the islands as far as Cape Sable, and that the Island of Cape Britton affords very good coals, which are fetched thence by the Bostoners. He promised to get what further information he could, and lay before the Board a more perfect memorial in writing.
Letter from Colonel Quary, March 6, read. Their Lordships, judging his remarks upon trade and the abuses committed in those parts worthy of consideration, ordered the Secretary to give notice thereof to Mr. Sansom.
June 20. The Secretary acquainting the Board that he had understood from Mr. Cobb, solicitor for the owners and freighters of the Cole and Bean galley, that Mr. Attorney General had refused to give his opinion upon the query they were ordered to ask him the 14th instant, without some direction from this Board, ordered that the Secretary ask for Mr. Attorney's opinion accordingly (June 20).
Copy of the reasons of the French Senegal Company for confiscating the William and Jane, trading for negroes to Portudall, received from Mr. Bird, with his reply thereunto, in which reply mention being made of two ships seized there in like manner by the French, 1680 and 1681, but upon complaint made to the Court of France, presently released, with satisfaction for damages, ordered that Mr. Byrd be desired to lay before the Board what proofs he has of that matter.
Upon consideration of the Order in Council, June 6, ordered that a letter be written to Mr. Lowndes to move the Lords of the Treasury to direct Mr. Baker, solicitor of the Treasury, to take care of expediting those commissions in the several offices.
Draught of a letter to Lord Bellomont ordered.
Minutes of Council and other public papers of Bermuda, Aug. 17, 1698–Sept. 15, 1699, were laid before the Board.
Ordered that Mr. Thomas Burton, lately arrived from the Bermudas, be desired to lay before the Board an account in writing of the state of those Islands.
Letter from Mr. Day, Feb. 10th, read.
Letter from Mr. Jones, Secretary of the Bermudas, Feb. 12th, read. [Board of Trade. Journal, 13. pp. 81–86; and 97. Nos. 112, 113.]
June 20.
Office of
570. Ordnance Office to the Council of Trade and Plantations. Now that His Majesty has positively directed what arms shall be sent to New York for presents to the Indians, we shall give all possible dispatch in providing them. If the gunmakers are to be relied on, they will be ready by Monday at furthest. Signed, C. Musgrave, Ja. Lowther, Wm. Boulter, Jon. Charlton. Endorsed, Read 26th June, 1700. 1 p. [Board of Trade. New York, 10. No. 9.]
June 20.
571. Order of King in Council. Approving the draft of a letter to the Governors of Plantations, prepared by the Council of Trade and Plantations, for seizing the Beckford galley, etc., and directing the Earl of Jersey to prepare the said letters for His Majesty's Signature. Signed, John Nicholas. Endorsed, Recd. 1st July, Read 24th ditto, 1700. ¾ p. [Board of Trade. Plantations General, 5. No. 72; and 35. pp. 308, 309.]
June 20.
572. Order of King in Council, referring to the Council of Trade and Plantations, to consider whether Capt. Elias Haskett be fitly qualified to be Governor of the Bahama Islands, without relation to any security. Signed, John Nicholas. Endorsed, Recd. 24th, Read 25th June, 1700. ½ p. [Board of Trade. Proprieties, 5. No. 60; and 26. p. 237.]
June 20.
573. William Popple to William Lowndes. The Council of Trade and Plantations desire you to move the Lords Commis- sioners of H.M. Treasury to direct Mr. Baker, Solicitor of the Treasury, to expedite the Commissions ordered to be prepared for the trial of pirates in the Plantations. [Board of Trade. Plantations General, 35. pp. 299, 300.]
June 20.
574. William Popple to Mr. Attorney General. The Council of Trade and Plantations command me to send you the following extract of the proceedings of the Admiralty Court of Carolina relating to an appeal from the condemnation of the Cole and Bean galley; "Mr. Henry Wigington, in behalf of Mr. Butler, made a motion for an appeal, but being able to produce to the Court neither law nor precedent for an appeal, where a ship and goods were condemned and disposed of by a penal statute, the Judge was of opinion that there lay no appeal in this case, where a vessel and goods were condemned and distributed by a law where no essoin, protection or wager of law was to be allowed"; and thereupon to desire your opinion whether the owners and freighters of that ship have not a right of appeal, either to the King in Council, or to the High Court of Admiralty, and whether they may not bring their said appeal either before His Majesty in Council or before the High Court of Admiralty, which they please. Signed, Wm. Popple. Copy. 1 p. Inscribed on back, I am of opinion that an appeal in this case doth properly lie before the King in Council. Signed, Tho. Trevor, June 22, 1700. Endorsed, Recd. Read June 25th, 1700. [Board of Trade. Proprieties, 5. No. 61; and 26. pp. 235, 236.]
June 20. 575. Minutes of Council of New York. Memorial of Charles Oliver, High Sheriff of the City and County of New York, read, and ordered that a Proclamation issue for the apprehension of Ducie Hungerford, who, being arrested at the King's suit, had broke gaol and escaped. Warrants of request ordered to the neighbouring Governments to secure him.
Surveyor ordered to lay out for Peter de la Noy a piece of ground in the city of New York between Stone Street and the Bridge Street, the house of Peter Dereymer being on the one side and the house of the widow Goose on the other, the same having been given on good considerations to him by Sir Edmund Andros.
Accounts of Abraham de la Noy and Engelbert Lott ordered to be audited.
Petition of Evert Byvank, in behalf of himself and the trustees of the freeholders of Westchester, read. Ordered that the petitioners and the inhabitants of East Chester be served with copies thereof and give in their answer in a fortnight.
567l. 10s. 4¼ d. ordered to be paid to Dyrk Vandenburgh, bricklayer, for work done and materials used in the buildings of Fort William Henry, June 18, 1698–April 27, 1699. [Board of Trade. New York, 72. pp. 320, 321.]
June 20. 576. Minutes of Council in Assembly of Massachusetts Bay. Bill to prevent abuses to the Indians read a third time, passed and sent down.
Bill to prohibit the exportation of raw hides, upper leather and tanned calf-skin, sent up by the Representatives, was read a first time.
The Board concurred with the vote of the Representatives upon the petition of Bilrica, appointing a Committee to settle the lines between that town and the farms of John and Robert Blood, and the line between Bilrica and Concord and Chelmsford.
The Board concurred with the vote of the Representatives, recommending, upon the petition of Samuel Gill of Salisbury for assistance in obtaining the liberty of his son, Samuel Gill, and others, captives in the hands of the French and Indians, that His Excellency and Council take such care for their recovery as shall seem meet.
Report of the Committee on the matters contained in the Address to His Majesty read.