America and West Indies: September 1700, 16-30

Pages 525-539

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. 16.
781. Journal of Council of Trade and Plantations. Letter from Col. Fox, Nevis, July 20, together with an enclosed copy of a deposition made by Richard Budge relating to some piracies committed in those seas, read.
Letter from Col. Jory, Sept. 13, relating to some of the Acts of the General Assembly of Nevis that have been lately under consideration, read. Directions given for preparing a Representation thereupon.
Their Lordships then went on in considering the report to be made upon the Earl of Bellomont's letters relating to Naval Stores and the Security of His Majesty's Plantations in the Northern Continent of America.
Sept. 17. Further progress made in preparing above-mentioned Report. [Board of Trade. Journal, 13. pp. 182, 183; and 97. Nos. 163, 164.]
Sept. 17. 782. Minutes of Council of Barbados. Letter from the Council of Trade, May 17, 1700; Order of Council, May 16, 1700, relating to Alexander Skene; Letter of the Council of Trade to the Earl of Jersey, June 7, 1700; His Majesty's letter about Mr. Skene, June 10, 1700, and June 13, about restoring Scotchmen to the Commissions of Peace, and Earl of Jersey's letter of June 15, 1700, on the foregoing subjects, were read and entered in the Council Book. In obedience to His Majesty's express command, June 10, Alexander Skene was admitted to act as Secretary of this Island. Ordered that he attend His Excellency and Council at their next sitting, to be sworn accordingly, and that he then produce his patent. [Board of Trade. Barbados, 65. pp. 535–544.]
Sept. 18.
783. William Popple to Sir John Hawles. The Council of Trade and Plantations send you the Acts of the General Assembly of Nevis past there in Aug. '99 and Jan. 1699/1700 and desire your opinion upon them in point of law as soon as conveniently you can. Annexed,
783. i. List of Acts referred to above. [Board of Trade. Leeward Islands, 46. pp. 87, 88.]
Sept. 18. 784. Minutes of Council of New York. His Excellency read the letter of the Lords Commissioners for Trade and Plantations, June 21, about Admiralty Passes.
Wayt Wynthrop produced a Commission from the Admiralty, May 22, 1699, appointing him Judge of the Court of Admiralty of New York.
Accounts of the charges of His Excellency's expedition to Albany referred to a committee. 29l. 9s. 6d. paid to Duncan Campbell on that account.
33l. 12s. 6d. paid to Robert Livingston for expenses in entertaining the French Agents from Canada.
Sept. 19. Wait Winthrop took the oaths appointed as Judge of the Admiralty, and subscribed the Test and Association. [Board of Trade. New York, 72. pp. 348, 349.]
Sept. 18.
785. Journal of Council of Trade and Plantations. Col. Jory acquainted their Lordships that he had now received from Nevis the powers that he expected, to enable him to act as Agent of this Island, and then laid before the Board some Acts of the General Assembly, Aug. 14, 1699, and Jan. 30, 1699 (1700), which their Lordships ordered to be sent to Mr. Solicitor General for his opinion upon them in point of law.
Draught of a letter to Lord Bellomont was agreed upon.
Draught of a Representation upon the Acts of Antegoa was agreed upon, and signed.
Sept. 19. Letter to Lord Bellomont signed.
Their Lordships proceeded again in preparing a report upon Lord Bellomont's letters relating to Naval Stores and the security of His Majesty's Plantations.
Sept. 20. Representation upon the Acts of the General Assembly of Nevis signed.
Further progress made in preparing report upon Lord Bellomont's letters relating to Naval Stores, etc. [Board of Trade. Journal, 13. pp. 183–186: and 97. Nos. 165–167.]
Sept. 19.
786. Council of Trade and Plantations to Governor the Earl of Bellomont. The several letters we have received from your Lordship since those we writ in April, May and June last are dated April 20 and 23, May 7 and 25, June 22 and July 9. The first of those letters being in a manner wholly about the apprehensions your Lordship was under from the several Nations of Indians lying in the neighbourhood of your Governments, and the same subject occurring also in your other letters, we refer ourselves for that whole matter to the informations we have already given your Lordship of what His Majesty has been pleased to do upon the first news of that alarm. Having lately received back from Mr. Solicitor General all the Acts of the General Assemblies of the three Provinces under your Government that were in his hands, together with his reports upon them; we have perused them all, and having also represented our opinion upon those of New York to their Excellencies the Lords Justices, we send your Lordship here enclosed a copy of our said representation, which their Excellencies have intirely approved of, and Mr. Champante having taken out the several Orders of Council made thereon, your Lordship will receive them from him. We send you herewith a copy of some observations that we made upon the reading of those Acts; by which you will perceive the reason of our declining to give any opinion either for the confirmation or repeal of some of them, until we can be satisfied in the doubts that are there expressed, and unto which we therefore desire your Lordship to return us particular answers. And besides what is there exprest upon the Act for indemnifying etc., it may be further necessary for your Lordship's private information to acquaint you that the Order of Council, April 7, 1692, declares that upon humble application of the persons excepted in the General Pardon, His Majesty would order them to be pardoned, and their estates restored to them, as fit objects of His Majesty's mercy; and the Order of Council of May 13, 1692, directs that their recognizances should be discharged; which we conceive is all that ought to be done, till humble application be made to His Majesty by the parties concerned; and are of opinion that all acts of peace ought to begin with the King. The reason of our suspending also at present to give any opinion upon the Act for vacating etc., you will perceive by the objections offered to Mr. Solicitor General against it, and his dubious report thereupon, whereof we send you a copy; as likewise by the enclosed copy of further objections of like kind, that have been laid before us in the name of several inhabitants of New York, unto which we expect Mr. Champante's answer, that we may have a full view of the allegations and arguments on both sides, before we determine upon it. We wait only for an answer from the Commissioners of the Customs to a query we have sent to them, relating to the Act for establishing of Sea-ports in the Massachusets Bay, and then we shall forthwith report upon the Acts of that Province, and also of New Hampshire, for in all other points we are agreed. We have now under consideration all that your Lordship has writ relating to Naval Stores, and the employing of soldiers in the producing of them at New York, in order to laying the same together with our opinion thereupon, before their Excellencies. This also will give us occasion to mention the necessity of preserving the friendship of our Five Nations of Indians, and of repairing or building such Forts and Fortifications as your Lordship judges necessary for the several Provinces under your Government; but our Report in that point will be defective, for want of those calculations, reasonings, etc., which you promise, June 22. The wast also committed in the woods of New Hampshire, and the trade of ship-timber from thence to Spain and Portugal, which will necessarily also draw on some mention of Mr. Allen's title, are matters that we intend to report upon, as soon as possibly we can. Meanwhile, as to the production of Naval Stores at New York, we can only exhort you to make some experiment with the soldiers that will now be there. And whereas the want of an establishment for the 4d. per day extraordinary, which you propose to be added to their pay, will be an obstruction to the setting of them to work, we offer it to your consideration whether it may not be convenient for their present encouragement to allow them a proportion out of the produce of their own labour. As to the charge of presents for our Five Nations of Indians, and of Forts, not only in that Province, but elsewhere, which may be for the general security of all His Majesty's provinces on that Continent, until some proper and effectual provision can be made here, we wish your Lordship may be able to improve your meeting with the Governors of Maryland, Virginia, etc., towards the promoting of some method for raising everywhere contributions as may be reasonable for such necessary services. And as for the business of New Hampshire, we cannot at present add anything to what we writ you April 19 last.
The papers relating to pirates, which we received in your letters, April 23 and May 25, we transmitted to the Admiralty. The Commissions for trying of pirates in the Plantations, pursuant to the late Act, are going on in the offices, through which they must pass, but not yet ready. Notwithstanding all that we have been able to do, towards the promoting of what your Lordship has so oft desired, in relation to a Chief Justice and Attorney General for the Province of New York, yet Mr. Atwood and Mr. Broughton met with some stop in the Treasury, and we do not see that anything further will be done in that business at present. We observe what your Lordship writes, June 22, about the continued irregularities in the Government of Rhoad Island; but are not able to give you any further information, of measures taken for the redress thereof, than what you will have already seen by His Majesty's Order in Council upon our Representation, which we sent you April 11. We are, my Lord, your Lordship's most humble servants, Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Geo. Stepney, M. Prior. Annexed,
786. i. Observations upon the Acts of New York. Oct. 5, 1696–May 16, 1699. The first parcel of these Acts are full of faults in the transcribing, so that in some places the sense cannot be understood. The Acts about Courts of Judicature have been several times re-enacted, contrary to the Governor's Instructions. In several of the Acts it is said that they are to continue in force so long from the publication thereof. Query, What is understood by the publication of the Act ? At what time and in what manner is it made ?
(1). An Act for preventing vexatious suits, etc. In the wording of this Act there are expressions which reflect upon some persons by stiling them disaffected to His Majesty's person and government and to the safety and welfare of that Province, which are unreasonable and do not answer the end of an Act "for settling and quieting the minds of His Majesty's subjects." It seemed also very doubtful to us whether the terms in which the enacting clause is conceived, might not be interpreted to favour the bringing of actions for recovering back of anything that has been levied by virtue of former judgments or executions. Though Mr. Solicitor General has given his opinion that this Act has no further retrospect of that kind than to the first day of the Assembly in which it was past, yet the doubtfulness of those expressions shew the great necessity of an exact care in the wording of all Acts.
(2). An Act for the indemnifying of all such persons as were excepted out of the General Pardon, 1691. The last part of this Act, declaring all judgments, executions, etc., to be null and void, is much fuller than the terms of the forementioned Act, and do therefore make the same objection against it, yet stronger, than against the other.
(3). An Act for repealing an Act for regulating damages done in the time of the late disorders, etc. This is liable to the same objection. For it seems not reasonable that the proceedings of any kind legally made upon the aforesaid Act whilst it was in force, should be made void by this posterior Act; but only that all further proceedings upon it be stopped, and the Act itself vacated and annulled from the time of passing this repeal.
(4). An Act for settling the estate of Jacob Milbourn. There does not seem to have been any necessity for passing this Act. The tenour of it suggests a doubt lest it should be prejudicial to Mr. Milbourn's creditors. It is very illdigested, and the terms, in which the succession to the estate is expressed, are inconsistent and not intelligible.
(5). An Act for continuing an Act for encouraging of the Post Office two years longer after the expiration of the last Act. An Act of the General Assembly of the Massachusetts Bay to the like effect was repealed, 1696, as being prejudicial to the office of His Majesty's Post- Master General here, and inconsistent with Patents already granted; and the draught of an Act for the same purpose, but not subject to the like inconveniences, was delivered to Lord Bellomont together with his instructions for the government of the Massachusets Bay, which ought to have been followed in New York also, or the reasons signified why it is not. [Board of Trade. (Corrected draft). New York, 44A. No. 48; and 54. pp. 393–402.]
Sept. 19.
787. Council of Trade and Plantations to the Lords Justices. We have considered the Acts passed in the General Assembly of Antegoa 1696, 1697, and 1698, and having thereupon had the opinion of His Majesty's Solicitor General in point of law, we humbly crave leave to lay them before your Excellencies under the following distinctions,
(1) Those that being temporary are either already expired or so near expiring, that in our humble opinion they require nothing to be done upon them. Enumerated.
(2) Similarly, two that we find to be afterwards repealed.
(3) Those against which we see no objection; and are therefore humbly of opinion that your Excellencies may be pleased to approve the same. Enumerated.
(4) An Act oppointing the number of Assemblymen and the manner of their Election, Jan. 1697. Upon which we observe that it establishes certain penalties upon the breach of uncertain rules that were not then settled, but to be made afterwards, which we judge to be irregular, and are apprehensive lest it should prove of ill consequence. And by the said Act it is in effect appointed that a General Assembly be held once a year, by which means the power of calling or forbearing to call General Assemblies, which His Majesty has been pleased to confer upon his respective Governors is infringed, and for these reasons we humbly offer that the said Act be repealed.
(5) An Act for restraining and punishing privateers and pirates, Nov. 1698; which, though it might have been useful to the end intended, yet, finding it inconsistent with the Act past here last session of Parliament, we humbly offer that it be also repealed. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mt. Prior. [Board of Trade. Leeward Islands, 46. pp. 89–94.]
Sept. 20. 788. Attorney General to the Council of Trade and Plantations. I have considered Mr. Grey's Commission and Instructions, etc. As his Commission empowers him to appoint Councillors only where there are less than seven, so it doth not appear to me by his instructions that there is any power or direction given to him to make the number twelve, for that clause, which directs him upon any vacancy to supply the number twelve, doth not empower him to appoint any Councillors to make up twelve, but says that he shall supply the first number of twelve by nominating to the King others in their stead, so that, as I conceive, he ought not to put in any himself, but to send the names of persons fit to be put in, that His Majesty may appoint such of them as he shall think fit. Signed, Tho. Trevor. Endorsed, Recd. Read Sept. 23, 1700. 1 p. Enclosed,
788. i. Extracts of letters of the Council of Trade and Plantations to Governor Grey, Jan. 23, 1700, and of Governor Grey to the Council of Trade and Plantations, Ap. 20, 1700. 2 pp.
788. ii. Copy of the opinion of the Attorney and Solicitor General of Barbados, Ap. 10, 1700. 1 p.
788. iii. Extract of Governor Grey's Commission. 1 p.
788. iv. Extract of Governor Grey's Instructions. 1 p.
[Board of Trade. Barbados, 8. Nos. 56, 56.i.–iv.; and (without enclosures) 45. pp. 104, 105].
Sept. 20.
789. Council of Trade and Plantations to the Lords Justices. We have considered the Acts passed in Nevis 1698 and 1699. Some (enumerated) are temporary and have already had their effect; some (enumerated), against which we see no objection, we are humbly of opinion your Excellencies may be pleased to approve. Upon the reasonableness of the Act for vessels to pay tonnage, powder and arms, March 25, 1699, we have some doubts and are making a further enquiry, but do nevertheless humbly conceive your resolution thereupon may meanwhile be suspended without any inconveniency. The following Acts we humbly conceive not fit to be confirmed. (1) An Act concerning rates of liquors for taverns, tippling houses, etc., and for passing of Black Dogs, April 1, 1698. Those Black Dogs being a French coin, ordinarily called Sols marquez, it seems not convenient to authorize their currency in His Majesty's Plantations, and more especially not at so great a value as is done by this Act, viz., three half-pence each, whereas they are not intrinsically worth one farthing; for this will not only encourage an unlawful trade with the French, but those Black Dogs, being easy to counterfeit, that may also be done with great profit, and, being once authorised as a current coin, we do not think the provision made by the Act, nor hardly any other, sufficient to prevent the increase of them to such quantities as may prove very inconvenient. (2) An Act to empower the Treasurer to sue for dues, duties, debts, etc., due to the Public and for renewing and confirming the several Acts therein mentioned, Jan. 5, 1698/9. This Act renews and confirms all Acts past April 1, 1698, without limitation of time, and so makes them all perpetual, whereas several of them were at first intended only to be temporary; and amongst the rest it confirms the last-mentioned Act. (3) An Act to conform all Estates in this Island to and upon the owners and possessors thereof, Jan. 19, 1698/9. In this Act there is no time allowed for persons that were not in the Island at the time when it passed; or for those who were not compos mentis, femmes couvertes or infants, after their disability removed, to put in their claims; all which provisions we understand to be usual in Acts of this nature here in England, and humbly conceive them to be reasonable and necessary. (4) An Act for indemnity for administrators, overseers, trustees, executors, etc., Feb. 2, 1698/9. The former part of this Act indemnifying and discharging all executors, etc., from all prosecutions for maladministrations or for having through ignorance acted beyond the powers and trusts reposed in them; we humbly conceive that the proviso made afterwards that such as have wittingly and willingly transgressed the Law in any of those respects may be sued, arrested, etc., is not a sufficient caution against abuses that may be palliated and covered by the large extent of the first enacting clause; and are therefore apprehensive lest this Act should prove injurious to many creditors and others. (5) An Act to oblige masters of ships and other vessels to give in security besides the security by Act of Parliament, March 25, 1699. It is thereby enacted that all masters of ships, etc., shall enter into bond of 1,000l. upon a condition whereof the form is to be thereunder expressed, but no such form being expressed either in or under the said Act, we humbly conceive it to be imperfect, uncertain and of no effect. (6) An Act to revive and continue divers Acts of this Island, Aug. 8, 1699. The last forementioned Act, which we humbly propose may be repealed is in this Act confirmed. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. Leeward Islands, 46. pp. 95–100.]
Sept. 23. 790. Minutes of Council of New York. His Excellency acquainted the Board that he had received advice from the Council of Trade that 150 soldiers will be transported from Ireland to this Province, besides the 100 now lately arrived here in H.M.S. Advice, and that the barracks in the Fort at Albany are not near sufficient to receive them, and desired the advice of the Council accordingly. The Council advised that the blockhouses at Albany ought to be immediately repaired at the King's charge to receive as many as they are capable of receiving, and that Col. Schuyler, Col. Romar, the Mayor and the other Magistrates of Albany do oversee the said repairs, and also hire a convenient house or houses for the reception of the rest.
His Excellency announced that he had received from the Admiralty passes to distribute to the masters and merchants of ships in this Province, and desires the advice of the Council that a proclamation may issue to give them notice to apply for the same, and that the printer is so much indisposed that he cannot work at his trade. The Board advised that the Clerk of the Council draw up a proclamation accordingly, and that copies be made thereof and distributed. [Board of Trade. New York, 72. pp. 349, 350].
Sept. 23.
791. Journal of Council of Trade and Plantations. Order of Council of Sept. 11, upon complaints against the Lieut.-Governor of St. Christopher's, read. Directions given for preparing a letter to Col. Codrington accordingly.
Mr. Attorney General's opinion as to Governors supplying vacancies in Council (See July 17) read.
Sept. 24. Further progress made in report upon Lord Bellomont's letters relating to Naval Stores.
Sept. 25. Letter to Col. Codrington signed.
Letter from Lord Bellomont, Boston, July 15 last, was read, with some of the enclosures.
Letter from Lord Bellomont to the Secretary, July 16, 1700, read.
Letter from the Council and Assembly of the Massachusetts Bay, July 13, 1700, read. Whereupon their Lordships resolved to lay the Addresses therein referred to, relating to boundaries and the encroachments of the French Fishery and the College, together with Representations upon those subjects, and a Representation likewise upon what his Lordship writes about his own salaries, before their Excellencies on the first convenient opportunity.
Col. Jory brought back and delivered to the Board the Acts of the General Assembly of Nevis, together with Mr. Solicitor General's report thereupon.
Then their Lordships proceeding to consider the report to be made upon Lord Bellomont's letters relating to Naval Stores, etc., ordered the Secretary to write to Mr. Gilbert Heathcote, to enquire whether there have of late years been any new duties laid upon tar and pitch in Sweden, or what else he conceives to be the reason of the great difference in the price of those commodities here one year from another, as, particularly, in 1687 tar at £5 15s. per last, and now about £11 per last. [Board of Trade. Journal, 13. pp. 186–192; and 97. Nos. 168–170].
Sept. 24. 792. Commission to Capt. Benjamin Bennet to be Lieutenant-Governor and Commander in Chief of the Bermuda or Summer Islands. Similar in form and intent to that of Governor Codrington, Cal. 1699, No. 382, etc. "Immediately upon your arrival within our said islands and publication of this our Commission there, our Commission to our trusty and welbeloved Samuel Day . . . shall cease and become voyd." [Board of Trade. Bermuda, 30. pp. 66–84.]
Sept. 24. 793. Instructions to Capt. Bennet as Lieut Governor of Bermuda. In the usual form, e.g. Cal. 1699. No. 766, with the following special directions. The Council is to consist of Richard Pennistone, John Tucker, Charles Walker, Anthony White, Thomas Harford, Michael Burrows, Robert White, Benjamin Wainwright, St. George Tucker, Benjamin Hinson, Patrick Downing and Samuel Spofferth. He is to propose to the Assembly that (1) the duty of one penny per lb. be settled upon all tobacco exported, but so as His Majesty may lessen that duty to what proportion he shall think fit from time to time, and that no person be permitted to lade any tobacco on any ship before security be given for the payment of His Majesty's customs and duties; (2) That moderate quit-rents be settled for the lands enjoyed by the inhabitants; (3) That the Governor's House, the fortifications and all other public houses and places be repaired at the public charge, as has always been done by levies; and that the Assembly settle such levies, the late Company having never been at any charge therein. He is to transmit an authentick copy under the Great Seal of the whole body of laws of the Island with all diligence after his arrival. He is to take an account of the public lands, by whom they were possessed, and how claimed, and to continue unto the Public Offices the allowance of the same number of shares of lands and slaves as were enjoyed by them during the time of the late Company, until His Majesty's pleasure be known, and to send an exact account of these with all speed. "And whereas His Majesty is informed that there are several negroes, mulattoes and mestees lately belonging to the Company in several private hands, which ought to be seized, you are to take care thereof and to return an account of the same, as also what servants you and other officers want, that so they may thereby be supplied with their full numbers, and that the overplus may be disposed of and applied to repairs and new fortifications, which number every officer is to leave to his successor, that so they may be perpetual." All public money is to be paid to the Treasurer, and the Sheriff and all other officers are to account upon oath for money received since the late Company, or to be suspended. No ships are to load or unload except in Castle Harbour or St. George's Harbour. He is to take care that no pirates or sea-robbers are sheltered or in any manner encouraged, but to use his utmost endeavours to discover them and their abettors and to transmit from time to time full accounts of any information he receives. Appeals are to be permitted from the Courts to the Governor and Council, provided the sum appealed for exceed 50l. sterling, and that security be first duly given by the Appellant; and thence to the King, provided the value appealed for exceeds 100l. The appeal to be made within 14 days and good security given by the Appellant. Appeals to the King in cases of fines, provided they amount to 100l., and good security be given by the Appellant, are to be allowed. He is to require Mr. Day, the late Lieut.-Governor of Bermuda, to give 2,000l. security to stand trial in England about the Dolphin. The laws relating to the Plantations and the Trade thereof are to be punctually observed. "You are to take notice that, whereas notwithstanding the many good laws made from time to time for preventing of frauds in the Plantation Trade, it is nevertheless manifest that very great abuses have been, and continue to be practised, which must needs arise either from the insolvency of the persons, who are accepted for security, or from the remissness or connivance of such as have been, or are Governors in the several Plantations, who ought to take care that persons, who give bond, should be duly prosecuted in case of non-performance; His Majesty takes the good of his Plantations and the improvement of the Trade thereof, by a strict and punctual observance of the several laws in force concerning the same, to be of so great importance to the benefit of this his Kingdom, and to the advancing of the duties of His Majesty's Customs here, that if His Majesty shall hereafter be informed that at any time there shall be any failure in the due observance of those Laws within His Majesty's foresaid Islands under your government, by any wilful fault or neglect on your part, His Majesty shall look upon it as a breach of the trust reposed in you by him, which His Majesty shall punish with the loss of your place in that Government, and such further marks of his displeasure as he shall judge reasonable. For your support in the discharge of the Government, you are to take unto yourself the twelve shares of land formerly appropriated to the use of the Governor, accounting the same at the value of 60l. per annum, as also the profits accruing by the licenses granted for the fishing of whales, at the value of 100l. per annum, unto which His Majesty is graciously pleased to add 240l. per annum, out of such part of his revenue as he shall appoint. Lastly, if anything shall happen that shall be of advantage and security to the Islands and other territories depending thereon, which is not herein or by His Majesty's Commission provided for, His Majesty does hereby allow unto you, with the advice and consent of the Council, to take order for the present therein, giving His Majesty by one of his Principal Secretaries of State, and His Majesty's Commissioners for Trade and Plantations speedy notice thereof, that so you may receive His Majesty's confirmation, if he shall approve the same. Provided always that you do not by any colour of any power or authority hereby given you, commence or declare war without His Majesty's knowledge and particular commands therein." Signed, By their Excellencys' commands, Ja. Vernon. [Board of Trade. Bermuda, 30. pp. 84–117.]
Sept. 25. 794. Solicitor-General to the Council of Trade and Plantations. I have considered the Laws passed in the General Assembly of Nevis, Aug. 1699 and Jan. 1699/1700, which I conceive are agreable to law and justice and not prejudicial to His Majesty's Royal Prerogative, save for some literal mistakes. Signed, Jo. Hawles. Endorsed, Recd. Sept. 25. Laid before the Board Oct. 14. Read Oct. 17, 1700. [Board of Trade. Leeward Islands, 7. No. 4; and 46. pp. 105, 106.]
Sept. 25.
795. Council of Trade and Plantations to Governor Codrington. A petition having been lately presented to their Excellencies the Lords Justices, whereof a copy is enclosed, in the name of John Cole, in behalf of himself and divers others of His Majesty's subjects inhabitants of St. Christopher's against Capt. James Norton, Lieut.-Governor of the English part of the Island, for several oppressions, exactions and illegal practices committed by him against them, and humbly praying that a Commission may be granted to certain persons there to enquire upon oath into the truth of those complaints, in order to the petitioner's relief, their Excellencies have thereupon been pleased to require us to signify unto you their pleasure that you accordingly commissionate certain inhabitants of St. Christopher's to enquire upon oath into the truth of the said complaints and of such other complaints of the same nature as shall be exhibited against the said Lieut.-Governor, and that you also otherwise take care to inform yourself of that matter and transmit hither the evidence that shall be so taken with your report thereupon. Signed, Ph. Meadows, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [Board of Trade. Leeward Islands, 46. pp. 102, 103.]
Sept. 25. 796. Minutes of Council of Barbados. Alexander Skene was sworn as Secretary. [Board of Trade. Barbados, 65. p. 544.]
Sept. 26.
797. Governor Grey to the Council of Trade and Plantations. I have received your Lordships' letter of May 17, wherein you give me to understand that you have laid before the Lords of the Admiralty my representation for an established credit to supply His Majesty's ships with provisions and other necessaries, for which I thank your Lordships. Mr. Thomas's affair about the return of the bills is now put to an end. Your Lordships are pleased to acknowledge my list of persons fit to supply vacancies in Council, since which Mr. Walter, a Member of Council, is dead, whose place I design to supply with Col. Maxwell upon his arrival. A levy has been lately raised by three shillings a head for negroes towards the discharging the public debts of the island. The Commissioners of the several fortifications are to make a report to me in Council on Tuesday, Oct. 1, in what condition the forts now are, and what necessary repairs are wanting, after which I shall take care to dispose the Assembly to get a supply for them, and when this most material business is done, I shall proceed upon the building a house for the Governor. One Magnus Popple having delivered to me in Council some proposals for the making a mold or harbour to secure the shipping from hurricanes, which will be of very great use and encouragement for ships to come hither at all seasons, we have very zealously recommended it to the Assembly, and as we go on in the matter, your Lordships shall have an account by the first conveyance. It was a satisfaction to me that your Lordships had approved of my sending a full account of the proceedings in Council relating to Mr. Skene. I have received the observations upon the causes of the pestilential fevers in these parts. I have been very careful in using the best measures to prevent it, ordering by proclamation all stinking provisions to be removed, and keeping the town clean. The island is now, blessed be God, in a good state of health. I shall observe your Lordships' directions in the transmitting private Acts under distinct seals and towards the soliciting the dispatch of them.
Mr. Skene arrived here on Saturday the 14th, by whom I received His Majesty's two letters and the Order in Council, together with the Attorney and Solicitor-General's report concerning Mr. Skene's being admitted Secretary. I ordered the Council to meet on Tuesday following to execute His Majesty's commands, at which time Mr. Skene was admitted, but leaving his patent behind him, was not then sworne; yesterday the Council met again, when he was sworne and took his place at the Board. I shall observe His Majesty's further commands in restoring the Scotch that were put out of Commission of the Peace. Signed, R. Grey. Endorsed, Recd. 7th, Read Dec. 9, 1700. Subscribed, (in Mr. Popple's handwriting) Maxwell,—he ought not to do it. Forts—the report expected. Mold—It ought to be incouraged. 2¾ pp. [Board of Trade. Barbados, 8. No. 64; and 45. pp. 187–189.]
Sept. 26
and 27.
798. Journal of Council of Trade and Plantations. Further progress made in report upon Naval Stores, etc. [Board of Trade. Journal, 13. p. 193; and 97. Nos. 171, 172.]
Sept. 27. 799. Minutes of Council of New York. Proclamation, ordered Sept. 23, approved of. His Excellency appointed the Council to meet to-morrow to appoint the Mayors and High Sheriffs, since the 29th falls on a Sunday.
Sept. 28. His Excellency by and with the advice of the Council nominated and appointed Isaac de Riemer to be Mayor of the City of New York, and Peter de Mill to be High Sherif of the City and County; John Bleeker, senr., to be Mayor of the City of Albany, and Jonathan Broodhurst, to be High Sherif of the City and County of Albany, and Benjamin van de Water, High Sherif of King's County, Zachariah Mills, High Sheriff of Queen's County, John Mulford, High Sherif of Suffolk County, Barnard van Benthuysen, High Sherif of Ulster and Duchess County, Tercius Dowissen, High Sherif of Orange County, Jeremiah Fowler, High Sherif of Westchester County, Christian Carsen, High Sheriff of of Richmond County. [Board of Trade. New York, 72. pp. 350–352.]
Sept. 28.
800. M. Hillary Reneu to Wm. Popple. The two Representations which the Council of Trade and Plantations have made to the King concerning the Lustring Company, bear witness to their esteem for it. I beg you to inform their Lordships that this Company has instructed me to inform Lord Belamont that several persons, to the prejudice of this Kingdom, were receiving alamodes and lustrings from France contrary to law. I sent, 18 months ago, the Acts of Parliament on the subject and the Custom House marks affixed to this class of goods when duty has been paid, but without the hoped-for result. I pray you warn the Lords of the Council that when the ships from Boston go for salt to France, they take alamodes (and many pieces too from Spain at Bilbao and Lisbon, and from Newfoundland), and the French merchants carry on this business to the prejudice of the manufactures of this Kingdom. If the Lords Commissioners would write to my Lord Belamont on the subject, that would remedy it. Signed, H. Reneu. There are some ships which will soon be ready to sail for New England. Endorsed, Recd. Read Sep. 30, 1700. 1 p. French. Addressed, To Mr. William Popple in Cottpitt (at the Cockpit). [Board of Trade. New England, 11. No. 14.]
Sept. 28. 801. Minutes of Council of Massachusetts Bay. His Excellency laid before the Board a letter from Major Converse at Cascobay, giving an account of the progress made in building a trading-house and fortification there and of supplies needed. Ordered that the Treasurer procure and send them.
Ordered that William Wormwall be commissionated Captain of the fort now in building in Cascobay, and be appointed Truckmaster with the Indians; and that the garrison there consist of 20, including the Captain and Chaplain; and that John Gyles, interpreter for the Indian tongue, be encouraged to enlist himself as one of the garrison, to have pay as a private centinel and further as an interpreter, as he is now allowed for that service on board H.M.S. Province galley.
His Excellency laid before the Board a letter from Capt. George Turfrey, commander of His Majesty's Fort Mary at Saco, proposing that two soldiers at a time in convenient seasons be employed in going up Saco River to learn the way to Wirachkamegog, an Indian Fort, lying not far from some part of said river, that so they may be pilots thither in case the Indians should make a new eruption; also that a bell may be sent for the use of Fort Mary, to call the soldiers together upon occasion, and to be struck by the centinels that are upon duty at certain times, to give notice that they are vigilant. Advised, that a bell be provided accordingly, and that Capt. Turfrey be instructed to employ two soldiers as he proposes, they not to go into the Indians' Fort or hold any correspondence with the French or Indians there, but only to make themselves acquainted with the way thither.
Richard Keates, Bricklayer, paid for repairing the prison in Boston. [Board of Trade. Massachusetts Bay, 2. pp. 14, 15.]
Sept. 30. 802. Minutes of Council of Massachusetts Bay. Draft f instructions for Capt. Wormwall read and consented to.
The Lieut-Governor communicated to the Board an extract of the letter of the Council of Trade, June 21, to His Excellency the Governor, about Admiralty Passes. [Board of Trade. Massachusetts Bay, 2. pp. 15, 16.]
Sept. 30.
803. Journal of Council of Trade and Plantations. Letter from M. Hillary Reneu to the Secretary, desiring their Lordships to write to Lord Bellomont about the illegal trade of lustrings and alamodes carried on from France to the Plantations, read. Ordered that M. Reneu be acquainted that, if he will send hither a duplicate of the letter which he says he writ to Lord Bellomont upon that subject, their Lordships will send it forward with their recommendation according to his desire, but to tell him withal that the more regular way for him or the Lustring Company in that matter would be to address themselves to the Commissioners of the Customs for such particular orders to their officers in the Plantations as they think necessary. Copy of an Order of Council, Sept. 5, for continuing Mr. William Burt in His Majesty's Council of Nevis, etc., read.