America and West Indies: September 1700, 2-13

Pages 505-525

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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September 1700

Sept. 2. 743. Journal of Council of Trade and Plantations. The Representation upon the Acts of the General Assembly of New York, which was signed Aug. 19, not having yet been laid before the Lords Justices, by reason that there has been no Council since that time, their Lordships upon some doubt relating to the Act for preventing vexatious Suits, etc., ordered the following querie to be sent to Mr. Solicitor General: "Whether the enacting clause be only of force to prevent all future prosecutions upon anything that was done in the late Revolution of that Province, or whether it can be extended to bring actions for the recovering back of anything that has been levied by virtue of any former judgements or executions ?" [Board of Trade. Journal, 13. p. 170; and 97. No. 153.]
Sep. 3. 744. An account of the River Mechasippi, and of the Indian villages on its banks, by Monsr. de Tonti, Governor of Fort St. Louis, in the Illinois Country. Endorsed, Recd. from Mr. Blathwayt, Read Sept. 3, 1700. 4¾ pp. French. [Board of Trade. Plantations General, 5. No. 77.]
Sep. 3.
745. William Popple to Sir John Hawles. The Council of Trade and Plantations having some doubt upon one of the Acts of the General Assembly New York, on all of which you lately reported to them your opinion, desire more particularly your opinion whether the enacting clause in the said Act, for preventing vexatious suits, etc., be only of force to prevent all future prosecutions upon anything that was done in the late Revolution of that Province, or whether it can be extended to bring actions for the recovering back of anything that has been levied by virtue of any former judgments or executions. Your answer is desired with speed; because their Lordships' report is otherwise ready. [Board of Trade. New York, 54. p. 386.]
Sep. 3.
746. Isaac Addington to William Popple. Inclosed are the Minutes of Council, March 28, 1700–July 17, and the Journal of the General Assembly, May 29, and the Acts and Laws then passed, by the Elizabeth. This province is in present quiet, but the Government are not without just fears and jealousies of an eruption and general insurrection of the Indians, who seeme to be fastened to the interests of our ill neighbours the French, being debauched by the priests and Jesuits that are sent among them. His Excellency has lately summoned the Sachems and principal Indians of the Five Nations to attend him at Albany, in order to recover or prevent their defection, the issue whereof is not yet known here. It would greatly endanger His Majesty's interests in these territories, if the Indians should enter into a general combination; our frontiers are of so large extent that it would be impracticable to secure our towns from their inroads, and it's no less difficult to have access to the Indian settlements, which are far remote in a dismal wilderness, and their manner of living far different from the English. This Government have ordered the erecting of a Fort and Trading House at Casco Bay, which is now in doing, and may probably prove of some advantage to engage the Indians by making reasonable supplies to them, and to check their insults, if they should break forth into rebellion. Signed, Isa. Addington. Endorsed, Recd. 4th., Read Nov. 6, 1700. 2 pp. On third page, note by William Popple (?). Capt. Robinson will be going for N. England about February next; and may be heard of at the Sun Coffee-House, behind the Exchange. Annexed,
746. i.–iii. Memoranda of Minutes and Laws referred to in preceding. [Board of Trade. New England, 11. Nos. 10, 10.i.–iii; and 38. pp. 288–290.]
Sep. 3. 747. John Feild and others to the Council of Trade and Plantations. We understand there is lately come from Maryland an Act entitled An Act for the Service of Almighty God, etc., of like nature with those made 1692 and 1695, and repealed by the King in 1696, 1699. And it being customary for laws made there to stand in force till repealed here, have for above nine years proved very injurious to many antient planters and none of the least traders there, (1) by depriving them of the quiet enjoyment of the liberty of their consciences; (2) by their being strictly executed by chargeable levies; (3) by having no limited time fixed for those laws made there to stand in force, if not allowed by the King. We entreat you to represent that the law be repealed. Signed, John Feild, E. Haistwell, Morda Moore, Theodor Eccleston. Endorsed, Recd. Read Sep. 3, 1700. 1 p. [Board of Trade. Maryland, 4. No. 11; and 9. pp. 510–512.]
Sept. 3. 748. Minutes of Council in Assembly of Barbados. With the concurrence of the Assembly to the petition of Joseph Hole for a drawback of 12 pipes of Madera wine turned sower, ordered that an order be drawn on the Treasurer accordingly.
Petition of Col. Richard Williams to be relieved from ten servants of the country, who had been put upon him for his failure in not having his land run out pursuant to the Act, was referred to the Assembly, who returned it rejected. £18 paid to William Holder for one Xtian white servant put on the country.
Petition of Samuel Cox, attorney to Capt. Anthony Phillips, to be paid for white servants according to the Act of 1696, recommended to the Assembly.
The Address of the Assembly to pay George Peers, Keeper of the Stores, his salary and to continue him in his office, was approved of. Ordered accordingly.
On the address of the Assembly, salaries ordered to be paid to William Rawlin, Clerk of the Assembly, and to William Wood-house, Marshal of the Assembly.
The Assembly presented the Board with an Act for the Remission of fines of the late Grand Sessions, which was read twice and sent back to them with some amendment. The House concurred with the amendment, and the Bill was ordered to be read a third time.
Notice ordered to be given that writs of error will be heard this day four weeks.
Commissioners of forts and stores ordered to meet this day three weeks.
Committee appointed to consider Magnus Popple's proposals about making a mold or harbour.
His Excellency recommended to the Assembly that they would take into their considerations the donations, which have been given for charitable uses, that they may be employed accordingly.
The Honble. Thomas Sadleir, Esq., late Treasurer, his account of disbursements for servants imported, and the charge of them, together with a minute of the Assembly of Aug. 19 last, was presented by the Assembly to His Excellency and the Council.
Ordered that all petitions, relating to the country's servants placed by several of the Collectors on the petitioners, whereby they suppose themselves aggrieved, be heard peremptorily next Council day of course, and that notice thereof be put up by the Secretary at the most public places in the Bridge Town. [Board of Trade. Barbados. 65. pp. 531–534.]
Sept. 3. 749. Minutes of Assembly of Barbados. The members were called over, and Alexander Walker was fined for his absence.
Petition of Richard Williams rejected, it being found that he had been and was a delinquent in the Militia.
Treasurer's account for servants considered.
Joint Committee appointed to consider Magnus Popell's proposals for making a harbour between St. Michael's town and the Bay.
The House took into their consideration that some ways and means may be found that all former donations not already applied to the uses by the donor intended, may be altered and applied towards the building of the Free School. Ordered that the representatives of each parish do make the best enquiry they can of what donations and charitable gifts have been made or bequeathed, and inquisitions thereof had, and the same to report at the next sitting of the Assembly.
Ordered that the Secretary of the Island and the Register of the Court of Chancery lay a list of all donations, etc. entered in their offices, before the House.
Bill ordered to be brought in relating to the accounts of Richard Salter, deceased, formerly Treasurer. Ordered that the publick shall have credit for the labour of the servants that were lately in the custody of the Honourable Thomas Sadleir, as far as they shall be allowed for the doctor's accounts.
The House adjourned till this day four weeks.
And see preceding abstract. [Board of Trade. Barbados, 65. pp. 567–570.]
Sept. 3. 750. Journal of Council of Trade and Plantations. Mr. Stepney communicated to the Board, from Mr. Blathwayt, a relation concerning the River Mechasippi made by M. de Tonti, Governor of Fort St. Lewis in the country of the Illinois.
Mr. John Feild, Mr. Morda. Moore, Mr. Edward Haistwell, and Mr. Theodore Eccleston presented a memorial against the Act for the service of Almighty God, past lately in Maryland. Desiring to be further heard, whenever that Act came under consideration, they were directed in the meanwhile to lay before His Majesty's Attorney General (with whom the Act now is) their reasons against it in point of law.
An Act of the Assembly of Mountserratt, past there April 9 last by Col. Fox, to prevent disputes through the payments of money in lieu of commodity made in this Island etc., was laid before the Board, and ordered to be kept till the remainder of the Acts past by Col. Fox in the other Leeward Island(s) come also to hand.
Mr. Solicitor General's report upon Acts of Antigoa, 1698, read.
Sept. 4. Mr. Pollexfen communicated to the Board a paper entitled "The present State of Justice in the American Plantations." Copy ordered to be kept.
Sept. 5. A letter to Mr. Secretary Vernon in answer to one from the Earl of Jersey, June 17 last, relating to the Trade between England and the Venitian Dominions, was agreed upon, signed and sent.
Acts of Antego, 1698, considered.
Sept. 6. Acts of Antego, 1698, considered. The Act of Antego, Jan. 1698–9, for billeting soldiers, and Mr. Solicitor General's report thereon, read and considered. [Board of Trade. Journal, 13. pp. 171–175; and 97. Nos. 154–157.]
Sept. 4. 751. The Present State of Justice in the American Plantations, and particularly in Barbadoes, with some thoughts how the same be amended. On the first settlement of the Plantations, controversies were decided in a summary way by some of the principal inhabitants, who were thereunto commissioned by the King. In process of time, as cases multiplied and were found too intricate, Courts were erected in imitation of those in England. This in Barbadoes was done by an Act of the Governor, Council and Assembly. The Island was divided into five precincts, each precinct to have a Judge and four Assistants, appointed by commission under the hand and seal of the Governor, giving them or any three of them power to determine all civil causes in their several precincts. These commissions were to continue during the pleasure only of the Governor. Another Act was made declaring the Governor and Council to have the whole power of petitions in equitable causes, and to hear and determine all writs of error. Under this model the administration of justice was at first much more tolerable than afterwards, because suits were fewer and less intricate, the forms used both in Law and Equity were plain and short, niceties in pleading were not understood. The Judges commonly guessed at the right side of a cause by their natural reason, and the matters controverted were seldom so considerable as to give a sufficient temptation to injustice. If wrong were done, it was done soon and without great expence of time and money, as at present. In many cases speedy injustice is less grievous than dilatory justice.
As suits grew more numerous and important, encouraged by profit and compelled by necessity, many clerks and other such small dealers in the Law went thither from England, who though ignorant of the Law, yet had so much knowledge of the forms as to be able to perplex, delay and confound all the business of the Courts, the Judges and Assistants being wholly unknowing of the forms as well [as] of the Law, and thereby incapable of regulating the said disorders which multiplied and do still multiply every day; nor could any other be expected, since they always were, and still are, made of the Planters, Merchants or other inhabitants never bred to the Law. Hence proceeds the custom in that Island to influence their Courts by the written opinions of Council sent over out of England, and the custom that if any authority of law be urged to the Court out of a Latin or French book, an interpreter is immediately sworn to interpret the same to the Judge and his Assistants. One reason why they are no better furnished with Judges, is, that little or no salaries are allowed them, only some small perquisites, insomuch that the place of Provost-Marshal or Jaylor of the Island is esteemed to be worth more than the income of all the said judges put together. Another reason is, because they hold their places during the pleasure only of the Governor, those places are so precarious and unprofitable the meanest clerk that goes over will not accept of them, but chuses to depend on the certainty of his own practice.
Writs of error on judgments given by these Judges are brought before the Governor and Council, in that Island called the Court of Errors. This Council commonly consists of about twelve of the principle gentlemen of the Island, who, how worthy soever they may be in other respects, cannot be proper and fit Judges in such cases, where the greatest niceties of Law are handled, unless they had some knowledge of the rules by which they are to proceed, for want of which infinite hardships have been suffered, and many gross and most unwarrantable judgments given. The Governor of the Island is usually made Chancellor by the King's Commission, having the power of making decrees in equity and restraining by injunction as he shall think fit all proceedings at Law. Being usually unacquainted with Law, they direct their proceedings by the advice of the Attorney or Solicitor General, who seldom fails of being Council of one side in the cause, and therefore cannot be supposed a proper director of the Supreme Justice of the Island. Whether therefore such a great trust can be discharged as it ought by any person, who has not at least some small knowledge of Law and Equity, and especially since the said Court doth now proceed according to the forms of English Chancery, is submitted to consideration; the business of the Court of Chancery being much greater and fuller of difficulty since the introduction of the said forms. This Court sits but one day in a month of the nine Law months, and about two hours a day, so that about 18 hours in the year is thought sufficient to determine all the equitable business of that Island, though, by reason that Court sits so seldom, many plain causes, which might be determined in one hour, are kept on foot there many years to the great charge and vexation, and often to the ruin of persons concerned therein, the proceedings there being much more chargeable than in the High Court of Chancery in England. The cost of appeal to His Majesty in Council makes a due and regular Administration of Justice in the Plantations the more necessary.
It may be worthy of consideration, whether in so small an Island, the number of thirty nine inhabitants at one time in judicial places does not introduce many partialities, especially in cases where suits are carried on for inhabitants in England against those in the Plantations, and whether the Acts of Trade and Navigation are like to be best executed to the advantage of England under such a model.
The custom of making yearly presents to the Governors by the Assembly, amounting commonly to £2,000 per annum, sometimes more, and this raised by an excise on liquors imported into this Island by English Merchants, may likewise deserve consideration, and whether it would not conduce more to His Majesty's service and the good of his people that the profits of all Plantation Governments were made more certain, the present practice having been found by experience to produce many partialities and other irregularities disadvantageous to His Majesty, and extremely prejudicial to many of his people, for the Plantation inhabitants are always indebted to those of England, and the latter are much mistaken if such large presents made by their debtors does not conduce much to the difficulty they find in recovering their just debts. And whether the Acts of Trade and Navigation are not the worse executed in some Colonies in regard of such presents may be worth inquiry.
It may likewise deserve consideration whether the measures of Government and Administration of Justice heretofore used in the Plantations at their first settlements, when they were but thin of people, and of little importance to this Nation, are fit to be still continued when they make so considerable a part of His Majesty's Dominion, the small Island of Barbadoes alone by a reasonable computation producing to the proprietors alone £300,000 per annum, to His Majesty by Custom of their product imported into England about £70,000, by the duty of 4½ per cent, as paid in the Island, about £11,000, besides the great number of ships they employ and many thousands of hands in English manufactures.
It has bin hitherto the principle objection against any regulation of justice in the Plantations that they were first peopled, and continue still to be supplied by numbers of indigent persons, who escape thither to be easy from their creditors, that the difficulty of having justice in the Courts there is their chief security, and that if they do not find such protection there, it will ruin the Plantations. To this it is answered, that though it may be reasonable perhaps by an express law to exempt all persons from imprisonment in the Plantations, or to give them other certain and known privileges, who are employed in planting or other bodily labour, or who have not sufficient to answer their creditors, yet to continue a most corrupt and dilatory course of justice in favour of such poor debtors, and thereby to exempt in a great measure those of great estates, several planters having now two or three thousand pounds per annum, from Law and Justice is so far from encouraging the Plantation Trade, that no one thing does contribute more to the discouragement thereof. On the first settlement of the Plantations, particularly in Barbadoes, they planted tobacco, ginger and cotton, and then any man that had instruments for digging and clearing the ground, could manage a small Plantation himself, without any stock or other help, and then a relaxation of justice might be of some encouragement to carry such people thither, but since the setting up of sugar works in that island, about 50 years since, the planting of tobacco, cotton and ginger is in a great measure disused as unprofitable, and no sugar work can be managed without a considerable stock; such a work with negroes and other things sufficient to employ one wind-mill only, which is the smallest sort of sugar work, will not cost much less than £5,000 sterling. Whatever then is done to secure the certain possession of purchasers or reimbursement of sums advanced by Adventurers, would best promote that trade, which like all others must in a great measure be carried on by credit. For want of such security nothing is more evident than that the Plantation Trade has suffered more than it did ever by the double imposition formerly laid on their sugar in England; for the Planters wanting necessary credit in England for carrying on their Trade, and where they are trusted they are now made to pay very dear for it, because of the great difficulty of having justice against them, if they fail of payment, several English merchants have heretofore employed great sums on Plantations in that Island, but many of them having been great sufferers, and many others ruined for want of justice there, and the children of others after the parents' death having been miserably used there, and defrauded of great estates; (insomuch that few instances can be given where children under age have not been so used there), the merchants of England are grown too cautious to venture much in trade, which, for want of justice, proves so pernicious to them. They find more security and better and more speedy justice in the most distant provinces of the Ottoman Dominions from their Bashaws than they do in some of the American Colonies; so that they will trade to the first for a much less profit than to the last.
It is grown a proverb with the English merchants that, if a man goes over never so honest to the Plantations, yet the very air does change him in a short time. But it is not the air; it is the universal corruption of justice. The root of most grievances there, then, is that some persons fitly qualified are not appointed for the Chief Justice or other two Judges to sit on writs of Error only, or principally, depending on the King, and not subject to be removed at the pleasure of the Governors, by whom justice might be administered; which judges or Civil Magistrates might, on extraordinary occasions, be controlled by the Governor and Council, as is practised in the Colonies of all other nations.
Proposals for regulating Justice in Barbadoes. His Majesty to appoint one person well skilled in the Law and Equity, and two others skilled in the Law, the first by name of Chancellor or Chief Justice to have the whole power of Equity in him, and be obliged to sit at certain times appointed by his Commission, from whose decrees an Appeal may be allowed to the Governor and other two Judges to be brought within — days, which on their joint concurrence within — days may be by them reversed; but in all cases both of decrees and judgments the power, hitherto used, to be still continued to the Governor of staying execution and granting an Appeal to the King. The other two Justices to sit in the five precincts of the Island mentioned above, one to sit in three of them, and the other in two, and so alternately. Some certain days in each of the nine law months to be appointed for the Chief Justice or other two Judges to sit on writs of Error, but no judgment to be reversed but by the joint consent of the Chief Justice and of the other Justice, who did not give the judgment. Criminal matters, or Pleas of the Crown, to continue to be decided in the General Sessions, the said three Judges presiding therein, and they may be joined in Admiralty Commissions. Such Judges should not be suffered to take any present, though from the General Assembly, unless they by the King's consent do make the same a constant establishment for all future Judges, for what seems to be the gift of a General Assembly is more properly the gift of some few persons, who are the leaders, and expect to be considered in a particular manner for such service. If sufficient salaries be not allowed to encourage persons of ability to take these employments, the Plantations would not be much advantaged by such alteration. Perhaps, then Commissions should be for — years on good behaviour, and after that during pleasure only. Their salaries might be allowed out of the 4½ per cent. or out of the £4,000 which the Island annually raises for presents they bestow. Most of these alterations may be made by the King's prerogative; the rest may be recommended to be past into a law in the Island, and, if they should be found wanting to themselves, an Act of Parliament in England may supply it. The chief grievance in the Island is the frequent adjournments and other mismanagements of the Court of Chancery, and if a thorough reformation of Justice there must not be expected, it would be a considerable amendment that a Deputy or Assistant to the Governor be appointed, who should preside in Chancery to award processes, etc. For it is by the great delays and unskilfulness in awarding the processes that suits are there spun out to such a length, and so many persons ruined. Endorsed, Communicated to the Board by Mr. Pollexfen. Recd. Sept. 4, 1700. 17½ pp. [Board of Trade. Plantations General, 5. No. 78; and 35. pp. 311–331.]
Sept. 4.
James City.
752. Journal of Council of Virginia. His Excellency laid before the Council a letter etc., from Lt. Col. George Mason, etc., August, 1700, concerning the apprehension of an Englishman named Thomas Monck, who had been some time with the Indians, and was supposed could discover something of the barbarous murther lately committed by the Indians in Stafford County. Monck's confession was considered and he was ordered to be committed without bail.
Governor Blackiston's letter to His Excellency, August 7th, 1700, was laid before the Council, in which was enclosed an account of a conference held in Maryland, July 3, by command of His Excellency of Maryland, betwixt Phillip Hoskins and William Dent of Maryland and the Emperor of Pomonker Indians in Maryland.
Several papers and letters relating to piracies said to have been committed by Samuel Bush and others, inhabitants of Norfolk County, were referred to the Attorney General, who reported that, as it did not appear that any evidence had been given upon oath to prove the matter of fact, he was of opinion that no judicial process can be made, till such evidence is produced.
Simon Alderson, bound over to answer at the next Court held for Norfolk County on account of some words by him spoken concerning piracies heretofore said to have been committed by Samuel Bush, prayed for a dedimus for the examination of witnesses in Princess Anne County. His Excellency decided that this belonged to a judicial process at law, and was not within their cognizance; but to the end that all legal means might be used for discovering and punishing such practices, ordered that the Magistrates of Norfolk and Princess Anne County do take the depositions of all such persons as shall be brought before them, relating to the abovesaid offences, and return copies thereof to the Council Office.
His Excellency laid before the Council Mons. de Saille's deposition concerning the Mary Ann, and correspondence on that subject, Aug. 24, 27, etc. The Council was of opinion that nothing further can be offered in that matter.
Mr. Bartholomew Fowler, His Majesty's Attorney General, representing that many matters of great difficulty and importance do daily arise and come within the verge of that office, which requires great knowledge and experience in the Laws of England, and the most intense application both of body and mind, and reflecting upon his own little knowledge and experience and his weak and sickly constitution of body, prayed to be discharged. His Excellency and Council, aware of his bodily infirmities, and acknowledging his faithful and prudential management of that office, granted his petition.
Ordered that he prosecute all matters and suits now depending, and by him brought in His Majesty's behalf, and that he take care of what has been formerly given him.
Ordered that all Navigation bonds, upon the expiration of 18 months, according to the proclamation, April 26th, 1699, be put in prosecution.
Ordered that all Naval Officers do from time to time render an account to Mr. Attorney General of what Navigation bonds and others relating to trade by them are here taken.
His Excellency laid before the Council Capt. Passenger's letter, Aug. 19th, setting forth the damage he has sustained in the Shoreham (Aug. 27, No. 739, xi.) Ordered that he carry her up Elizabeth River as soon as possible and careen her, applying for all necessaries to Major James Wilson and Capt. Sam. Bush, who are hereby empowered to supply him with stores and impress workmen, if need be, for the necessary repairs. Accounts, signed by Capt. Passenger, to be transmitted to His Excellency.
His Excellency laid before the Council a letter from Capt. Passenger, Aug. 28th, representing that 40 or more of his men are dangerously sick, and praying that care may be taken of them ashore. The Council very much approved His Excellency's action in having complied with his request.
His Excellency gave his third part of the Providence, condemned as prize, towards making landings at the two ports of the City of Williamsburgh.
His Excellency laid before the Council a letter from the Commissioners of Customs, April 17th, 1700, signifying that Richard Lee is approved Naval Officer for the whole district of Potomack.
His Excellency's letter to the Commissioners of Trade and Plantations, Aug. 27th, concerning the bounds of North Carolina, was read and approved. Upon reading His Excellency's letter to Mr. Auditor Byrd, Aug. 22nd, and Mr. Byrd's answer, Aug. 25th, concerning a true roll of His Majesty's rents, it is thought most proper to be done at or after the removing the Records to William and Mary College, and that the Secretary and Deputy Secretary take care to make up and perfect a general Rent roll.
Whereas several matters of moment have been formerly recommended by His Majesty's Instructions, by the General Assembly, and by the Governor and Council to the consideration of the Committee appointed to revise the Laws, ordered that the aforesaid Committee be again reminded to have all due regard to the same.
Upon reading a letter from Lt. Col. William Randolph, Aug. 25th, setting forth that he is afraid several intrigues and devices are secretly practised to withdraw the French Refugees from their intended settlement, for preventing whereof as much as may be, and that His Majesty's Royal will and pleasure concerning them may have its desired effect, His Excellency, with the advice of the Council doth hereby strictly charge and require all His Majesty's loving subjects inhabiting within any of the Counties of Henrico, Charles City, New Kent and Surrey, that at their utmost peril they do not harbour, entertain or receive into their houses as retainers there any of the aforesaid French Refugees to the hindrance of their design of settlement. His Excellency's letter of Aug. 1st was read and approved.
Ordered that if in the absence of the Governor any insurrection, invasion by pirates or Indians should happen in this Colony (which God forbid), an express be sent to His Excellency by way first of Annapolis in the Province of Maryland, thence to Philadelphia, and so on to New York. The matters referred the last Council, by reason excessive rains and great floods have at this time prevented a full meeting of the Council, again referred to a full Council; as also the delivery of books and papers to the present Clerk of the Council. [Board of Trade. Virginia, 55. pp. 13–21.]
Sept. 4. 753. Minutes of Council of Barbados. Bill for the remission of fines read a third time and consented to. The Provost Marshal returned a warrant for the apprehension of Ellis Smith, he not being able to be found. Attorney General ordered to draw up a warrant directing all constables and all other His Majesty's subjects to aid the Provost Marshal in securing the said Smith. [Board of Trade. Barbados, 65. pp. 534, 535.]
Sept. 5.
754. Order of Lords Justices in Council. Approving and ratifying the 12 Laws of New York, recommended in the Representation of the Council of Trade and Plantations, Aug. 19th. (No. 723, i and ii). Signed, John Povey. Endorsed, Recd. 11th, Read 12th Sept., 1700. 1 p. [Board of Trade. New York, 10. No. 24; and 54. pp. 388–390.]
Sept. 5.
755. Order of the Lords Justices in Council. Approving in accordance with the Representation of the Council of Trade and Plantations, Aug. 19th, the Act of New York for granting to His Majesty £2,000, £1,500 whereof to be allowed to His Excellency Richard, Earl of Bellomont, and £500 to Capt. John Nanfan, L. G., and ordering that Lord Bellomont be permitted to receive the said sum intended him as a present. Signed and endorsed as preceding. ¾ p. [Board of Trade. New York, 10. No. 25; and 54. p. 390.]
Sept. 5.
756. Order of Lords Justices in Council, that Capt. John Nanfan, Lieutenant Governor of New York, be permitted to receive the £500 intended him as a present by the Act mentioned in the preceding. Signed and endorsed as preceding. ¾ p. [Board of Trade. New York, 10. No. 26; and 54. p. 391.]
Sept. 5.
757. Order of Lords Justices in Council, repealing the Law of New York for restraining and punishing privateers and pirates. Signed and endorsed as preceding. ½ p. [Board of Trade. New York, 10. No. 27; and 54. p. 392.]
Sept. 5.
758. Order of Lords Justices in Council. In accordance with the representation of the Council of Trade and Plantations, July 25, Mr. Secretary Vernon is to prepare a warrant for their Excellencies' signatures, requiring Col. Codrington to swear and admit William Burt into His Majesty's Council of Nevis, and that he be continued in the same rank he has at present in that Council. Signed, John Povey. Endorsed, Recd. 28th. Read 30th Sept., 1700. 1¼ pp. [Board of Trade. Leeward Islands, 7. No. 1; and 46. p. 104].
Sept. 5.
759. Order of Lords Justices in Council. Approving the Representation of Aug. 13, and ordering accordingly that Richard Lee be dismissed from attending the Council of Virginia. and appointing Lewis Burwell. Mr. Secretary Vernon to prepare warrants accordingly. Signed, John Povey. Endorsed, Recd. 9, Read 14 Oct., 1700. 1 p. [Board of Trade. Virginia, 9. No. 3; and 38. pp. 29, 30.]
Sept. 5.
760. Order of Lords Justices in Council. Approving of the draught of a Commission (July 30th), constituting Capt. Benjamin Bennet to be Lieutenant Governor and Commander in Chief over His Majesty's Bermuda or Summer Islands. Mr. Secretary Vernon to prepare the same for their Excellencies' signature, in order to pass the Great Seal. Signed, John Povey. Endorsed, Recd. 11, Read 12th Sept. 1700. ¾ p. [Board of Trade. Bermuda, 4. No. 42; and 30. pp. 63, 64.]
Sept. 5.
761. Order of Lords Justices in Council. Approving of the particular draught of Instructions, July 30, to the Lieutenant Governor of Bermuda for putting in execution the several laws relating to Trade and Navigation, and directing Mr. Secretary Vernon to cause the said draught to be prepared for their Excellencies' signature accordingly. Signed, John Povey. Endorsed, Recd. 11th, Read 12th Sept., 1700. ¾ p. [Board of Trade. Bermuda, 4. No. 43; and 30. p. 64.]
Sept. 5.
762. Order of Lords Justices in Council, that Mr. Attorney and Mr. Solicitor General forthwith prepare a Commission to pass the Great Seal of England to Capt. Benjamin Bennet, Lieutenant Governor and Commander in Chief of the Bermudas, and other persons proposed by the Representation of the Lords Commissioners of Trade and Plantations, July 30th, for the trial of pirates there, pursuant to the late Act of Parliament for the more effectual suppression of piracy, in like manner as has been lately directed for His Majesty's other Plantations in America. Signed, John Povey. Endorsed, Recd. 11th Sept., Read 12th Sept. 1700. 1 p. [Board of Trade. Bermuda, 4. No. 44; and 30. p. 65.]
Sept. 5. 763. Minutes of Council of Massachusetts Bay. Whereas sometime since, upon notice of mortal contagious sickness prevailing and being epidemical in Barbados and other places in the West Indies, His Excellency ordered the Captain of the Castle to stop all vessels arriving from those parts, and forasmuch as the said sicknesses are abated, advised that the said order be recalled, so as notwithstanding the Captain of the Castle observe the directions in the Law entitled An Act for the better preventing of the spreading of infectious sicknesses.
Advised, that 20s. per week be allowed Mr. Jonathan Remington, Minister, who was invited to go to His Majesty's Fort at Saco, as Chaplain of the Garrison and to instruct the Indians. £10 ordered to be paid to Major Nathaniel Thomas for his disbursements in subsisting soldiers lately levied to go Eastwards. [Board of Trade. Massachusetts Bay, 2. pp. 12, 13.]
Sept. 5. 764. Journal of Council of Virginia. Proclamation, declaring the Honourable William Byrd President during the absence of the Governor, was approved, signed and ordered to be sealed and published. The appointment of a successor to Bartholomew Fowler as Attorney General was recommended to the care of His Majesty's Council.
His Excellency read some instructions from the Lords Justices, to be observed by the President and Council in his absence. These were then sealed up and left on the Council table. [Board of Trade. Virginia, 55. pp. 21, 22.]
Sept. 6. 765. Solicitor General to the Council of Trade and Plantations. I am of opinion that the enacting clause of the Act for preventing vexatious suits in New York not only prevents all future prosecutions for anything that was done in the late Revolution of that Province, but will also discharge any judgment and any executory execution had thereupon after the first day of the Assembly in which the said Act was made; but will not entitle a defendant to recover back anything actually levied upon such judgment and paid to or received by the Plaintif. Gives examples. Signed, Jo. Hawles. Endorsed, Recd. 7th. Read 9th Septr., 1700. ¾ p. [Board of Trade. New York, 10. No. 28; and 54. pp. 387, 388.]
Sept. 7.
766. Jahleel Brenton to William Popple. Yours of August 27th I received the 5th instant, wherein you acquaint me with their Lordships' pleasure to hear my objections to the Act of the Massachusetts Bay establishing Ports, etc. There are too many Ports thereby appointed and most of them are useless, for there is not one vessel belonging to several of them, nor has there been in all my time one vessel that has laded or unladed in some of them, except it has been clandestinely and with such goods as are prohibited by law. Sir, I came here in hopes to cure a malady, which if I cannot remove will in a little time be too hard for me, etc. Signed, Jahleel Brenton. Addressed, For William Popple, Esq., at the Cockpitt, Whitehall. Endorsed, Recd. Read Sept. 9th., 1700. 1 p. [Board of Trade. New England, 11. No. 11; and 38. p. 200.]
Sept. 7. 767. Journal of Council of Virginia. William Byrd, President of His Majesty's Honourable Council during His Excellency's absence, took the oaths appointed and subscribed the Association and Test. [Board of Trade. Virginia, 55. p. 22.]
Sept. 9. 768. Journal of Council of Trade and Plantations. Mr. Brenton's letter of Sept. 7th., containing some objections against the Act of the General Assembly of the Massachusets Bay relating to the Establishing of Sea-ports, received and read. Ordered that the Secretary write to Mr. Samsom, to desire to know the opinion of the Commissioners of the Customs, whether it be for His Majesty's service that the said Act be confirmed or not.
Mr. Solicitor General's answer to what write him (sic) the 3rd inst., relating to the Act of the General Assembly of New Yorke, for preventing vexatious suits, etc., was read.
Acts of Nevis, April 1st, 1698, and Mr. Sollicitor General's report upon them read and considered. Ordered that Col. Jory be desired to attend the Board about the first and last of the said Acts.
Sept. 10. Upon occasion of the objection, mentioned in yesterday's Minutes, against one of the Acts of the Massachuset Bay, their Lordships reviewed several others of the said Acts, and gave some further directions in order to a report, and letters to be writ thereupon, when necessary.
Mr. John Feild and Mr. Theodore Eccleston desired that the Memorial, which they and others lately laid before this Board, against the confirming of the Act of the General Assembly of Maryland, For the Service of Almighty God, etc., might be sent by their Lordships' order to Mr. Attorney General, that he may consider the same with what else they shall offer to him upon that subject. Ordered accordingly. Mr. Sollicitor General's report upon the Acts of Nevis, Jan. and Feb. 1698/9, read. Two of the said Acts also considered.
Sept. 11. Col. Jory attending as he had been desired, their Lordships enquired several things of him relating to the Acts of the General Assembly of Nevis that have been lately read, and then gave some directions in order to the preparing a Representation thereupon.
The remainder of the Acts of that Island being also laid before the Board, Mr. Solicitor General's report upon those past there March 25th and Aug. 8th, 1699 was read, and all the said Acts were also read and considered. [Board of Trade. Journal, 13. pp. 175–178; and 97. Nos. 158–160.]
Sept. 10.
769. William Popple to Sir Thomas Trever. The Council of Trade and Plantations having been moved by several persons against the confirming of an Act of Maryland, entitled An Act for the Service of Almighty God, etc., which I sent you with several others July 30 last, I am now further directed to send you a copy of the memorial upon that subject. [Board of Trade. Maryland, 9. pp. 512, 513.]
Sept. 10.
770. Copy of the Governor of Canada's pass to L'Esperance, giving him leave to go from Montreal in a canoe, with the Frenchman, Brossard St. Sauveur and Jean the Englishman, to Orange or Menade, to seek his sister and brother-in-law who have been taken there by the English from the hands of the Iroquois, who had made them prisoners. They are forbidden to carry any beavers or peltry whatsoever. Signed, le Chevalier de Callières. Inscribed, par Monseigneur Hauteuille. 1 p. [America and West Indies. Canada, 485. No. 1.]
Sept. 10.
771. William Popple to John Sansom. The Council of Trade and Plantations command me to send you the inclosed copy of an Act of the Massachusetts Bay, May 25th, 1698, relating to the establishing of sea-ports, together with a copy of Mr. Solicitor General's report thereupon. Mr. Brenton having signified his opinion that there are too many Ports appointed thereby for that Province, their Lordships desire the Commissioners of the Customs would please to give them their opinion, whether it be for His Majesty's service that the said Act be confirmed, or no; and to this I am to desire your answer with what speed yo cuan, because their Lordships do defer to lay before their Excellencies the Lords Justices a report, which they have already prepared upon several other Acts of the General Assembly of that Province, until they can determine what opinion to give upon this. [Board of Trade. New England, 38. p. 201.]
Sept. 11.
Custom House,
772. Mr. Sansom to Mr. Popple. I have communicated to this Board your letter of the 10th inst (preceding). The Commissioners, thinking it necessary to have Mr. Brenton's opinion, have wrote to him at Bath, requiring him speedily to return his thoughts to them upon that matter. Signed, Jno. Sansom. Endorsed, Recd. Read Sept. 12, 1700. ½ p. [Board of Trade. New England, 11. No. 12.]
Sept. 11.
773. Order of Lords Justices in Council, approving the Representation of the Council of Trade and Plantations, August 2, and ordering that they signify their Excellencies' pleasure to Col. Codrington to commissionate persons in the Island of St. Christopher's to enquire into the truth of the complaints of John Cole, etc., against the Lieutenant Governor, James Norton, and to transmit the evidence with his report thereupon. Signed, John Povey. Endorsed, Recd. Read Sept. 23rd, 1700. ¾ p. [Board of Trade. Leeward Islands, 7. No. 2; and 46. pp. 100, 101.]
Sept. 11.
St. John's.
774. Captain Fairborne to the Secretary to the Lords Commissioners for Trade and Plantations. Enclosed is the best account I could get of this country. And it is my opinion 'tis possible some amendment may be made in the Act of Parliament relating to this Trade, particularly in rinding of trees, to cover stages, etc., which occasions a very great destruction to the timber, which yearly decays by the same, and the Masters of ships, and others, may be obliged to cover their stages with board, which would be but a small expence. You may likewise observe in my answers that the New England vessels trade very much here, who do's carry considerable quantities of wines and brandy from hence, which is brought here by the merchant ships from France, Portugal and Spain, the duties of all which His Majesty is defrauded of. Signed, S. Fairborne. Marginal notes by the Secretary pointing out contradictions in the following Answers 2, 21 and 22. Endorsed, Recd. 8th. Read 11, Oct., 1700. 1 p. Enclosed.
774. i. An account of the Fishery, etc., at Newfoundland, 1700, by Capt. Staffd. Fairborne. Tables of the harbours, ships, etc. 16 pp., of which the following is a brief abstract:—
Number of fishing ships, 171.
Number of sack ships, 49.
Number of men, 4960.
Number of guns, 1298.
Number of ship's boats, 800.
Number of By-boats, 90.
Number of By-boat-keepers, 396.
Number of Train Fatts, 391.
Number of stages, 583.
Number of inhabitants, 3,773.
Number of inhabitants' boats, 674.
Estimated catch of fish per boat, 200 quintals, sold at (estimate) 22 royals per quintal.
Answers to Heads of Enquiries. (1) The inhabitants live by catching fish, then splitted, salted, washed and laid on flakes to dry, which will be a month before thoroughly cured. Their employment by winter is by sawing trees to make boards for building shallops, and some go a furring. (2) I have not observed any to go beyond the liberties granted them by the Act for Trading, Trafficking, etc., or of cutting down trees for more than their necessary uses; neither do the Adventure(r)s or Inhabitants on any occasion whatever rind any of the trees or set fire to the woods of the country, or make any destruction of the woods, beyond what is necessary for their use in carrying on of the fishing trade, which can tend to the prejudice or decay of the same. (3) Some of the inhabitants, since 1685, had engrossed some stages, cook-rooms and other places, which before belonged to fishing-ships, but upon the arrival of the Admirals, and afterwards my own arrival, they have relinquished them to the public use of the fishing-ships arriving there. (4) The inhabitants and By-boat-keepers, etc., that have possessed, do not now possess any stages, cook-rooms, train fats or other conveniencies which have belonged to any fishing-ships since 1685. (5). I have not observed but that the By-boat-keepers and fishing-ships are careful in carrying such numbers of Fresh men or Green men in proportion to their respective companies of seamen, and that they are furnished with such certificates of their having made oath before their sailing that they do carry such numbers of such men; and the inhabitants are careful in employing such numbers of Fresh men as the Act directs. (6) I have not found any persons presume to expunge or alter the marks of any boats, etc., of other persons or remove them from the places where they have been left by the owners. (7) The Rules of the Act are observed. (8) I have not heard of any damage done to the stages. (9) I have not heard that any Admirals of harbours or other Commanders have engrossed more Beech or Flakes than they have necessary use for, or have hindered others against their right. (10) The Admirals are very careful to observe the Act. (11) When difficulties arise in any of the harbours, the Admirals thereof determine them. Appeal lies to the Commanders of His Majesty's Ships, to which both sides accordingly have submitted. (12) Care is taken about ballast and (13) observance of the Sabbath. (14) I have not heard of any aliens that have resorted thither to take bait or use any sort of trade or fishing whatsoever in those parts of Newfoundland or the islands adjacent belonging to His Majesty. (15) Great care is taken in curing the fish properly, and (16) disposing of the offal. (17) The land produces no other sustenance but deer, bear, and beaver. The inhabitants trade but little in furs, except in the Northern parts. (18) The greatest part of their provisions they have from New England, which is very considerable, some from England and Ireland, with salt, clothes, and fishing tackle. (19) Considerable quantities of rum and molasses are brought hither from New England, with which the fishers grow debauched and run in debt, so that they are obliged to hire themselves to the Planters for payment thereof. (20) The European commodities brought hither from other places are wines, brandy, oil and salt from Spain, Portugal, and France, in great quantities, which pay no duties. (21) These are disposed of to the inhabitants, fishermen and seamen. I have not found that they have driven any trade by selling those effects to any ships belonging to New England or any other of His Majesty's Plantations. (22) I do not find that any Plantation commodities are brought thither, except sugar and tobacco, which is considerable, and that sold to the inhabitants. (25) The value of train oil is £12 per ton. (27) There being great wages given to men in New England, makes men desirous to go there, and frequently attempts it, though discouraged by the Masters of ships. (28) The inhabitants of new England doe exercise the fishing trade on their own coast, and only trade to Newfoundland with provisions, rum, etc., for which they take bills or fish; if the latter they dispose thereof to the sack ships. (29) The French take but little furs, which is done by the Planters only. They manage their trade of fishery as our merchants do, but do's not depend on sack ships. They usually bring from Europe some merchandize to support the inhabitants. There's about 30 sail fishes at Placentia, 24 at St. Peter's, 4 at Grand Burin and St. Lawrence, 2 at Mainclon, and 1 in the Bay of Fortune, who, together with the inhabitants and by-boat-keepers, keep about 1,010, with three men in each boat and two on shore, to cure the fish they take. The ships at Placentia keep their boats at St. Mary's, where they cure their fish, but dries it at Placentia. The burthen of their ships is from 80 to 300 tuns, who generally keep from four to twenty boats. They pay their men with a one-fifth part of the fish taken. (30) There's at Placentia about 200 inhabitants; at St. Peter's 186; in the Bay of Fortune, 150, and at St. Mary's 7, who wholly follows the fishing in the summer. (31) The use of their Plantations is of the same as ours. (32) They have taken about 200 quintals of fish per boat which they sell at 24 royals per quintal. (33) They come about a month sooner on this coast than the English do, and goes to a market about a month earlier, which is to Spain, Portugal, and France. (34) Their trade rather decreases this year, which is chiefly occasioned by the great quantities of Capelin, which the fish don't take, as usual, when scarce. (35) They have no place of strength, but at Placentia. At St. Peter's they have a place with three guns, commanded by M. La Force, Lieutenant Governor, under Count Bromillant, which any vessel may take. On the point opposite to Point Verd, at Placentia, on the North shore, is a battery of six guns, and from thence, towards the Fort, is another of five guns; in the great Fort are 28 guns, 16 pointing towards the road and 12 towards the entrance of the harbour. There's a Castle built with stone on the top of a hill, on the North side of the Bay, in which is eight guns, and two mortars, which commands the road; on the East side of the Castle, on another hill, about two musket-shot distance, is a guard-house, built with boards, and pallasaded round, which may contain about 100 men. Somewhat to the West, on another hill, is likewise a breast-work all palisaded about. The garrison is furnished with provisions and ammunition yearly from France, which the shipping brings at their own charge, as also lime, etc. for building. (36) The only way to regain the trade and fishing from them is with a strong force by land and sea. (37) I don't find that any foreign ships fishes on the Eastern coast of Newfoundland. (38) They have about 100 sail fishing this year on the Bank, and about 20 on the coast of Canady; the ships on the Bank being between 50 and 150 tons. (39) I do not know that any other nation carries on this trade at Newfoundland. Signed, S. Fairborne. 24 pp. [Board of Trade. Newfoundland, 4. Nos. 16, 16. i.; and 25. pp. 383–395.]
Sept. 12.
775. Mr. Addington to Mr. Popple. I sent you some few days since some Minutes and Journals, and by command of His Excellency, who is at Albany on a negotiation with the Five Nations, I transmit the inclosed Minute of Council of what lately passed here with the Sachem of Pennicook, that the Lords Commissioners of the Council of Trade and Plantations may be informed of the temper and behaviour of the Indians, and how they carry on their designs to beget a quarrel, first with the Mohegans, who have alwaies been true and firm to the English interests, and lately have disclosed the conspiracy that has been made by the Indians in general, intending a new insurrection, whereby they have contracted a mortal hatred of the other Indians, and knowing that the Government will be obliged to defend and assist the Mohegans, think thereby to involve the English in a new war, to which the Indians want not instigation from the French Popish Missionaries, which resort to them and instil their devilish principle into them, not to keep faith with hereticks, so that their submissions and declarations of allegiance and fidelity are not to be relied on, and nothing is proper to move them but fear, nor is it probable to keep them in awe but by setting garrisons and keeping souldiers constantly in arms near to their Plantations, the charge whereof would be insupportable to be borne by this Province. Signed, Isa. Addington. Endorsed, Recd. 26th, Read 28th Nov., 1700. 1¾ pp. Enclosed,
775. i. Minute of Council of Massachusetts Bay, Aug 7, 1700. q.v., under date. 1½ pp. [Board of Trade. New England, 11. Nos. 13, 13. i.; and 38. pp. 331–336.]
Sept. 12. 776. Attorney General to the Council of Trade and Plantations. I have considered the Acts passed in the General Assembly of Barbados, May 18, 1697–Nov. 3, and Nov. 24, 1698–May 26, 1699. (Enumerated.) I find that the Act for better securing the liberty of His Majesty's subjects and preventing long imprisonments is much the same with the Act made here, 31st Charles II, but whether any such Act hath heretofore past in any of His Majesty's Plantations, I know not, and whether the approving such Act may be convenient, I submit to your Lordships' judgment. Some of the Acts, being to continue for one year only, are expired; as to the rest there is nothing in them contrary to law or prejudicial to His Majesty's prerogative. Signed, Tho. Trevor. Inscribed (in Mr. Popple's hand), Mr. Bridges desired that if the Board made any doubt upon passing the Act for better securing the Liberty of His Majesty's subjects, some gentlemen concerned in that Island might first be heard. Endorsed, Recd. 29 Oct. Read 1 Nov. 1700. 2 pp. [Board of Trade. Barbados, 8. No. 58; and 45. pp. 123–128.]
Sept. 12. 777. Minutes of Council of Massachusetts Bay. Proclamation ordered proroguing the General Assembly till Oct. 23rd. [Board of Trade. Massachusetts Bay, 2. p. 13.]
Sept. 12. 778. Journal of Council of Trade and Plantations. Letter from Mr. Sanson, Sept. 11, read.
Mr. John Field and Mr. Mordeca Moore, desiring extracts of those clauses in the Lord Baltimore's Patent for Maryland, and in His Majesty's Commission to Col. Blakiston, which relate to the enacting of laws in that Province, in order to their observations for the late Act for the service of Almighty God, which lies now under consideration, ordered that extracts be accordingly given them.
Copies of seven orders of Council, Sept. 5, were now received and read.
Sept. 13. Their Lordships entered upon the consideration of the report to be made upon the Earl of Bellomont's letters relating to Naval Stores, and the security of His Majesty's Provinces in the Northern Continent of America, and gave some directions for preparing a letter to be writ to the Earl of Bellomont. [Board of Trade. Journal, 13. pp. 178–181; and 97. Nos. 161, 162.]
Sept. 13.
779. Col. Jorye to William Popple. I have made inquiry about Sowse (sous ?) commonly called Blackdoggs; they are, in France, 60 to the crown, and with us abroad three half-pence each. I find not many, but only a conveniency for change, for in paying 20 or 30 pieces of eight, they may not have more than one paid in Blackdogs. So far it cannot prejudice commerce, considering they have no half-pence nor farthings, our nation's coin, amongst them. The Act for the Better Settlement of all people in their peaceable and quiet possessions, etc., will certainly be of great moment to the public, and prevent vexatious lawsuits, which are daily set a-foot by ordinary unlearned men in the law to advance themselves, to the great prejudice and disquiet of His Majesty's subjects, many of them having lost their deeds by hurricanes, cockroaches and other accidents; and if they had them, I question whether one of them might be effectually drawn according to law, for in former times, we, having none of that profession amongst us, did everything according to our best understandings. Signed, Jos. Jorye. P.S. The Act for recovering public levies, etc., cannot incommodate His Majesty, but (will) keep in awe troublesome persons. The Act for fining those that refuse to serve as Assembly men may not be prejudicial to the public. If there could be found a way for transporting men servants from England and Scotland, it would be of great serviss for the preservation of His Majesty's Island in peace and war, we having nigh 20 blacks to a white man. Endorsed, Recd. Read Sept. 16, 1700. 1 p. [Board of Trade. Leeward Islands, 7. No. 3.]
Sept. 13. 780. Minutes of Council of New York. His Excellency read passages from the letters of the Council of Trade and Plantations, April 11 and May 10, and also produced His Majesty's letter of March 28th, and His Majesty's Order in Council, March 29, about the towns of Rye and Bedford.
The propositions made by His Excellency at Albany to the Five Nations of Indians, the Schackhook or River Indians, together with their answers, were read. Col. Stephen Cortlandt, in the name of the rest of the Members of this Board, did thank his Lordship for the great care and diligence he had used in the said expedition. His Excellency proposed to the Council whether, after what the House of Representatives had done the last Sessions with relation to the additional duty granted for the erecting a fort in the Onnondages' country (in which he observed their behaviour did not at all answer the expectation he had of them) it would be fit to let them meet and sit at the day appointed, Oct. 1. The Council unanimously advised that they should meet that day, in hopes they would grant a tax in lieu of the said additional duty. Proclamation ordered appointing the Assembly to meet accordingly.
Robt. Livingston produced His Commission from his Majesty, Jan. 27, 1696, appointing him Secretary to the Indians with 100l. sterling salary, which, at his request, was entered in the Council Book. [Board of Trade. New York, 72. pp. 344–347.]