America and West Indies: June 1700, 26-29

Pages 380-388

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 26. The Report of the Committee appointed to consider the matters contained in the Address to His Majesty was sent up from the Representatives with their agreement to the additional clause offered by the Board to the 10th article.
Further directions given to the Committee appointed to run the line between Dedham and Natick.
Joint Committee appointed to prepare an Address to His Excellency to improve his interest in His Majesty and the Ministers of State relating to the matters contained in the Address to His Majesty.
The Representatives attending, the inhabitants of the several parts of Watertown were heard by their Agents.
Order, upon the hearing of Thomas Hinckley, that the Attorney General make enquiry after all lands belonging to the Province in and about Seconett, not lawfully disposed of by the Government, and to prosecute such as have entered upon any parts thereof, passed and sent down to the Representatives, to which they concurred.
June 27. Petition of John Usher, late Treasurer of New England, for the payment of the balance of his account, with his answer to exceptions made to several articles therein, referred to the Representatives, together with previous reports of the Council thereupon.
Excise Bill sent up by the Representatives with their agreement to the amendments of the Board. [Board of Trade. New England, 49. pp. 374–379.]
[? June 26] 593. William Atwood and Sampson Shelton Broughton to the Council of Trade and Plantations. The consideration of the papers from your Lordships concerning the Chief Justice and Attorney General for New York being respited upon being laid before His Majesty in the Treasury, it seems probable that His Majesty and their Lordships are not aware how much it imports his service to expedite the settlement of our respective salaries. Endorsed, Recd. Read June 26th, 1700. ½ p. [Board of Trade. New York, 10. No. 13; and 54. pp. 250, 251.]
June 26.
594. Council of Trade and Plantations to the Earl of Jersey. In reply to your letter of June 12, we offer unto your consideration, whether, to avoid any impropriety in the draught of the Commissions for Mr. Atwood and Mr. Broughton, with relation to the particular circumstances of affairs in New York, it may not be more fit, as well as more easy for them, that the Earl of Bellomont be empowered, by warrants under His Majesty's signet and sign manual, to commissionate them there accordingly; and, if so, whether the form of a warrant for constituting the Chief Justice of Ireland, Nov. 3, 1690, may not be proper, mutatis mutandis to impower Lord Bellomont to constitute Mr. Atwood Chief Justice in the Province of New York, adding only in the end the words proposed by Mr. Atwood (June 24), and the form of a warrant constituting an Attorney General of Ireland, May 10, 1695, may not be proper for constituting Mr. Broughton Attorney General in the Province of New York. We further desire your Lordship to offer unto His Majesty that Mr. Atwood may by a particular warrant in the usual form be constituted a member of H.M. Council of New York. And whereas they have both of them desired that some money may be advanced them towards their charges in transporting themselves to New York, we humbly submit that to His Majesty's consideration. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Locke, Abr. Hill, George Stepney. [Board of Trade. New York, 54. pp. 249–251; and (corrected draft), 44A. No. 46.]
June 26.
595. Council of Trade and Plantations to the Earl of Jersey. We enclose our report upon the case of the Cole and Bean galley, and desire you would please to lay it before His Majesty. Signed, Stamford, Phil. Meadows, Wm. Blathwayt, John Locke, Abr. Hill, Geo. Stepney. Annexed,
595. i. Council of Trade and Plantations to the King. In the case of the Cole and Bean galley, we do not find anything more proper to be done for the petitioners' relief than by an appeal to your Majesty in Council, which we humbly propose your Majesty would be graciously pleased to admit. Signed, Stamford, Phil. Meadows, Wm. Blathwayt, John Locke, Abr. Hill, Geo. Stepney. [Board of Trade. Proprieties, 26. pp. 239, 240.]
June 26.
596. Council of Trade and Plantations to the King. We have enquired into the character of Capt. Elias Haskett and have received a certificate signed by several considerable merchants of good reputation, that they have been many years personally acquainted with him and have known him employed as commander of several ships and entrusted with the disposal of their cargoes, which trust he performed to full satisfaction, and further that he has always shewn himself loyal to your Majesty's Government. We have therefore nothing to object to his fitness for employment as Governor of the Bahama Islands. Signed, Stamford, Phil. Meadows, Wm. Blathwayt, Jon. Locke, Abr. Hill, Geo. Stepney. [Board of Trade. Proprieties, 26. pp. 238, 239.]
June 27.
597. Order of King in Council. declaring His Majesty's approval of Capt. Haskett as Governor of the Bahama Islands, upon the report of the Council of Trade and Plantations. Signed, John Nicholas. Endorsed, Recd. July 1st, Read ditto 24th, 1700. ½ p. [Board of Trade. Proprieties, 5. No. 62; and 26. p. 245.]
June 27. 598. Solicitor General to the Council of Trade and Plantations. I have considered the Laws passed in the General Assembly of New York, March 2, 1699–May 16, 1699, which I conceive are agreeable to law and justice, and contain nothing prejudicial to His Majesty's royal prerogative. But to the confirming of the Act for annulling several extravagant grants of lands made by Col. Fletcher, late Governor, opposition was offered by some persons on behalf of the grantees. They think it unreasonable to avoid the grant made to Godfrey Dellius, Evert Banker, William Pinhorne, etc., because it does not appear in the Act in what the same is extravagant more than that it contains a great quantity of land, and, as to that, Dellius hath several other partners in the grant, though they are not mentioned. The value of the land is small, and if Dellius had not purchased it of the Indians, the French would have done so and been ill neighbours to the English. But for confirming the Act it was said that the pretended purchase of this so vast a quantity of land from the Indians was surreptitiously and fraudulently obtained by Dellius and his partners, they pretending that it should be only in trust for the Indians and their posterity, and the better to secure it from the enemy in the time of war. The pretended purchase was complained of by all the Five Nations, and two of the patentees have declared the said trust and surrendered their interest in the land to His Majesty. The Indians who before inhabited this great quantity of land and were a guard to the English, are, since the purchase, retired thence. Dellius cannot provide a competent number of inhabitants for it; whereby the Province is more exposed to the enemy. The Attorney General at New York was not consulted with about this grant, as he ought to be about all grants, and he only passed it in obedience to the Governor's absolute warrant. The land was never surveyed and the rent of 2s. 6d. per 100 acres was not reserved according to the Governor's instructions. To which it was replied that there were no such instructions to Gov. Fletcher, and, if there were, this grant might have been avoided at law, without an Act of the Legislative power. Grants of the King's Garden and King's Farm and others, argued. Upon the whole, what is said against the grants is the great extent of them, except those few which is for the conveniency of the Governor, and the effect of the late Lords Justices' Instructions was that he should use all legal means for breaking of extravagant grants, which, whether it was intended in the sense this Act takes it to be, which is to re-assume all grants the Governor and Assembly think extravagant, by an Act of the Legislative power, or whether he is thereby directed to re-assume all such extravagant grants as had been unduly passed by the ordinary course of law there, is to me very doubtful. Signed, Jo. Hawles. Endorsed, Recd. 28th June, Read 1st Aug., 1700. 6¾ pp. [Board of Trade. New York, 10. No. 14; and 54. pp. 286–298.]
June 27. 599. Minutes of Council of Maryland. His Excellency read the letter of the Council of Trade and Plantations with the reasons offered against the Act of Religion, etc., and also His Majesty's Instructions relating to revising the Laws, and is pleased to take notice that, upon the revisal of the Laws in the General Assembly 1699, all the laws transmitted, save one, were in force before that Assembly, though several of the same nature were then united under one title, and that at that time there was all possible due care taken that nothing should be inserted in any of them infringing His Majesty's prerogative or otherwise against his interest; but as to the Act of Religion, it having so long slept and being so essential to the prosperity of the Province, it was even absolutely necessary to be re-enacted. His Excellency showed to the Board his own letter to their Lordships in reply to theirs. The Board resolved that, upon the next meeting of the Assembly, it be recommended to them to repeal the Law for Ascertaining the Laws. A letter from the Board to their Lordships was resolved upon :—"We wish to excuse ourselves on account of the Act ascertaining the Laws of this Province, and to lay before you the subtle contrivances and false insinuations of those who are enemies both to H.M. Government and Religion. Upon His Excellency's arrival we were apprized of His Majesty's Instructions, but deferred the work of revising the Laws until the Assembly met, not that we designed to make use of it herein, but that, if anything was amiss that could be amended, it might be then done. We were more than ordinary cautious that nothing should pass which in the least entrenches on His Majesty's interest. We hope there is nothing in them that dos; if there is we are heartily sorry, and assure you it's for want of judgment, not care. As to the Law ascertaining the Laws, etc., we are fully convinced by your reasons of our oversight, and only beg your patience till the next meeting of Assembly. As to the Act of Religion, we were very apprehensive of the disagreeableness of that clause of a different nature therein, which was the cause of His Majesty's disallowance thereof, but could not bring it to any better frame at that time, but hoped for a more favourable opportunity to purge out those imperfections than what the minds of the Assembly would then allow of, which we hope is now in some measure attained to, and for that reason and withal considering that the said law had laid a considerable time before your Lordships without any disapprobation of His Majesty, we did advise His Excellency not to endeavour the repeal of that law till His Majesty's pleasure was known thereon, for besides that it would have begot, in the greatest and most eminent part of the Province, who are earnestly solicitous for establishing the Protestant religion here, an odium of His Excellency and us, to drop that which supported their dearest, we could not certainly tell what other amendments might be required, all which we hope by this Revisal in May last is so qualified as to procure His Majesty's gracious allowance, which will be received with the greatest joy by his good subjects here, and in that particularly, as well as in all other affairs in general, His Excellency's zeal and affection to His Majesty's service has eminently appeared. Though reflections or sense of ill usage is much against our nature and the constitution of this Government, yet for our own justification we feel obliged to disburthen the Government from some aspersions cast on it by some persons who stile themselves the "Antient Planters and none of the least traders here," whilst their names are concealed. We appeal to your Lordships by comparing the Act of Religion with several of the exceptions against it, if they have not unworthily perverted the meaning of the Law. There is nothing imposed upon any dissenting Protestants or even Papists but the payment per poll equal with His Majesty's other Protestant subjects, and none of the other injunctions in that Law have been so much as pretended to be imposed by any dissenting Protestant, but on the contrary they are permitted the quiet and peaceable enjoyment and use of their Religion without the least molestation. There has no sects of religion here opposed that Law but the Papists and Quakers, who from the beginning of His Majesty's happy Government here, with which that Law entered, have with their greatest might obstructed it, and so diligent were they therein, that the Quakers had got [a] copy of His Majesty's Order in Council for disallowing that Law, long before the original from your Lordships arrived. Their diligent spreading of it caused great disquiet in the minds of His Majesty's good subjects. And for their being Antient Seaters, we acknowledge that some, though but few, Papists were at the first seating, but so far were the Quakers from being the most antient seaters that when they first came in they were ordered to be whipped out for disturbing the Government. They are so far now from being any considerable part that we are confident they will not make the 12th part of the Province. But were this Law down, we believe they would increase, for both sects are daily insinuating their doctrines into other His Majesty's good subjects and employing their utmost endeavours to pervert them from their religion, and some have been prevailed upon, though we hope by the assistance of that Law and the labours of good men to put a stop for the future to such things. Their design is not only against that Law, but establishing Protestant Religion here, and that there might be no more countenance given to it now under His Majesty's Government than was under the Lord Baltimore, who was a Papist and (as they say) so, it was Liberty Conscience [sic] to all without public countenance to any; but we are assured, as by His Majesty's matchless valour and conduct he preserved our lives and fortunes from destruction, no less our religion also, and we hope to enjoy both and at the same time permit the quiet exercise of Dissenters in theirs, while they will use it with peace and quietness. Signed, Hen. Jowles, John Addison, Thos. Tasker, John Hammond.
His Majesty's letter of Feb. 10, read. His Excellency said he did not know of any pirates at present in the Province, but that if any should be apprehended, all due compliance would be given thereto.
Letter of the Council of Trade and Plantations about denization etc., Feb. 16, read. The Board did not know of any denizations granted in this Province by the Governor.
His Majesty's Order in Council, Nov. 23, 1699, about impressing sailors, read. His Excellency said that he had given strict orders to Capt. Peter Cood, H.M. advice-boat Messenger, to have due regard thereto.
Proceedings of the Governor and Council of Virginia, May 23, 1700, read. Capt. Cood's Orders from the Admiralty read. This Board, being informed that he has not above three weeks' provisions on board, cannot think it reasonable to send him out of the Capes, lest the vessel should be blown off for any considerable time. Considering that he had no supply or credit, the Board ordered George Plater and George Muschamp, His Majesty's Receivers, to lend and pay Capt. Coode 100l. sterl. out of the Revenue of 3d. per hhd., His Majesty having no other fund in this Province wherewith to supply him, so that he may be enabled to purchase provisions at the head of the Bay, none being to be had elsewhere; after which that he be directed to cruise in Delaware Bay.
His Excellency advised with the Board, having received news of a most barbarous murther of a man, woman and six poor children at the Plantation of Thomas Barton in Virginia upon the frontiers of Potomeek, by naked Indians painted, and forasmuch as the Emperor of Piscattaway is now come in, whether it may not be requisite to acquaint the Emperor whether [ ? that if] he and his Indians have not been concerned therein, they need not be apprehensive of any resentment from us. Advised accordingly.
His Excellency acquainted the Board that upon Doctor Bray's going for England, he had conferred the Commissary Office upon Mr. Thomas Brook, one of this Board, and that he was always willing that the said Doctor Bray, if he returned, or any other qualified person sent in by the Bishop of London, should enjoy that office. The Board approved.
Copies of Proclamations, against supplying the Scotch Expedition, April 18, 1700; ordering a day of Public Thanksgiving that the destruction caused by the Statehouse being struck by lightning was no worse, July 22, 1699; for the apprehension of Kidd etc., June 15, 1699; proroguing the Assembly till Feb. 9th, Oct. 4, 1699; prohibiting trade and correspondence with the Scotch at Darien, Nov. 4, 1699; summoning the Assembly to meet on April 26, Jan. 9, 1700; and for the apprehension of Henry King, etc., June 27, 1700. [Board of Trade. Maryland, 13. pp. 706–732.]
June 28. 600. Journal of Council of Trade and Plantations. Mr. Locke acquainted the Board that finding his health more and more impaired by the air of this city, so that he is not able henceforwards to make any continued residence in it and attend the service of this Commission as is requisite, he had been yesterday to wait upon the King and desired his Majesty's leave to lay down his place in this Commission, and that he therefore came to take leave of the Board; and so withdrew.
Reasons of the French Senegal Company for confiscating the William and Jane, with Mr. Bird's reply and his proof of the discharge of two ships seized in the same manner by the French, 1680 and 1681, read. Representation on the matter signed and transmitted in a letter to Mr. Secretary Vernon.
Ordered that ten guineas be paid to Mr. Maurice Carrol for drawing a large map of all His Majesty's Plantations on the Northern Continent of America. [Board of Trade. Journal, 13. pp. 94, 95; and 97. No. 118.]
June 28.
601. Council of Trade and Plantations to Mr. Secretary Vernon. The enclosed report being of importance, not only to the persons concerned, but in general to the trade of England in Africa, and therefore requiring some directions upon it, before His Majesty's departure, we desire you to lay it before His Majesty. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Abr. Hill, Geo. Stepney. Annexed,
601. i. Council of Trade and Plantations to the King. In obedience to your Order in Council, June 13, we have considered the petition of William Bird, etc., and humbly report that the William and Jane was belonging to your Majesty's subjects and had a licence from the African Company according to the late Act of Parliament, and in pursuance of her lawful voyage was trading for negroes at or about Porta Dally on the coast of Africa, but was there violently assaulted and taken by some French, since owned therein by the French Senegal Company, brought into France and condemned as prize. Upon application of the owners to the African Company touching the right of your Majesty's subjects to trade on the said coast of Guinea, the Company answer that by their charter and by their customary trading, they have and always had right to trade in the countries of Porta Dally and Joally, having frequently, and as often as they found it their interest, traded considerably thereto with their vessels without molestation from any persons whatsoever, except in times of war, and except two vessels seized upon by the French in Porta Dally, 1680, 1681, and carried to Goree, but were afterwards by them released and full satisfaction made to the Company for the same. The French Ambassador's Memorial. communicated to us by the Rt. Hon. the Earl of Jersey, Jan. 16 last, owns the right of the English to trade along the coast, and propose[s] that the English and French should unite to exclude the Dutch from interloping there. The coast of Africa supplies great numbers of negroes for your Majesty's Plantations, and especially of that sort which are most fitting for your Majesty's Colony of Virginia. Whereupon we are humbly of opinion that your Majesty may be graciously pleased to insist upon the restitution of the said ship and damages, and to give such orders as your Majesty shall think fit to prevent the like violence on your Majesty's subjects for the time to come. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Abr. Hill, Geo. Stepney. [Board of Trade. Trade Papers, 15. pp. 103–106.]
June 28.
602. Minutes of Council of Massachusetts Bay. Col. John Pyncheon paid for sending posts and soldiers' expenses at Brookfield in March last. Col. Wolfgang William Romer paid 9l. 12s. 5d. for expenses in surveying part of the eastern country of New England. [Board of Trade. New England, 49. p. 300.]
June 28. 603. Minutes of Council in Assembly of Massachusetts Bay.
Bill directing that the great bridge over Charles River in Cambridge shall be repaired from time to time, sent up by the Representatives, was read a first time.
Excise Bill passed and ordered to be engrossed.
Bill for continuing and further granting to His Majesty several duties of impost and tunnage of shipping, sent up by the Representatives, was read twice and ordered to be engrossed.
Thomas Jackson of Piscataqua petitioned for payment of wages due to his son, Thomas Jackson, who died on the expedition to Canada. Resolved that payment be made of what shall appear justly due. Referred to the Representatives.
A resolve of the Representatives, that the nomination of persons for the Corporation of Harvard College be proceeded with this afternoon in the same manner as the election of Councillors, was not concurred with.
Petition of Samuel Wakefield and John Wilson, Farmers of the Excise in County Bristol, setting forth that they were obstructed in the collecting of it and put to great expence, besides abuse, and that there was about 40l. owing by them, and praying for relief, was read. Resolved that they be abated 31l. 10s. Referred to the Representatives.
Petition of Andrew Belcher, June 25, returned by the Representatives with a non-concurrence. Bill providing for posthumous children, concurred with by the Representatives, was passed and received His Excellency's consent.
June 29. Bill prohibiting export of raw hides, etc., sent up by the Representatives, was read twice.
Resolved, that, upon the disagreement of the two Houses about the method of proceeding in the nomination of persons for the Corporation of Harvard College, a Committee be appointed to confer with a Committee of the other House.
Excise Bill, and Bill for continuing and further granting duties, etc., to His Majesty, passed and received His Excellency's consent.
Vote of 12l. for the support of the French Minister at Boston, on the petition of John Rawlings, Peter Chardon and Rene Grignon, proposed by the Representatives, was agreed to by the Board.
Major Benjamin Church, Ebenezer Brenton and Capt. Thomas Leonard appointed to view some land near Tiverton with a view to granting it to Indians, who had petitioned for it for settlement.
His Excellency ordered that the Acts passed this Session be published. [Board of Trade. New England, 49. pp. 379–382.]
[? June] 604. John Montagu to the Council of Trade and Plantations. Petitioner is informed that several Acts of the Assembly of New York are now before your Lordships, together with Mr. Solicitor General's report. Petitioner, having divers weighty reasons to offer, on behalf of the inhabitants and owners, for rejecting several of these Acts, especially that for vacating grants of land, prays for a copy of the report and for a day to be appointed for the hearing of Counsel on their behalf. Signed, John Montagu. Endorsed, Recd. June, Read 25 July, 1700. ½ p. [Board of Trade. New York, 10. No. 15.]