America and West Indies: October 1700, 26-31

Pages 621-630

Calendar of State Papers Colonial, America and West Indies: Volume 18, 1700. Originally published by His Majesty's Stationery Office, London, 1910.

Citation:

October 1700



Oct. 26.	His Excellency acquaints the Council that there is a great want of a Recorder for the City of New York, by reason of Mr. Graham's indisposition or non-appearance to officiate as Recorder, and there being great disorders at this time for want of the Common Council's meeting, who cannot regularly meet without a Recorder, and Mr. Clarkson, Secretary, having declared that Mr. Graham's Commission as Recorder was not upon record, but that he understood that his Commission had been privately obtained, His Excellency declares to the Council, that finding there is an absolute necessity of appointing another Recorder for the present management of the publick business of the City, and the rather because he conceives Mr. Graham's Commission, if he have any, is illegal, as being surreptitiously obtained and not recorded, he thinks fit to appoint Abraham Gouverneur, at present Speaker of the House of Representatives, to be Recorder of the City of New York, who was sworn accordingly. [Board of Trade. New York, 72. pp. 373–376.]
Oct. 28. N. York.	880. Governor the Earl of Bellomont to the Council of Trade and Plantations. The recruits that came from Ireland are a parcel of the vilest fellows that ever wore the King's livery, the very scum of the army in Ireland, and severall Irish Papists among 'em, who have stirr'd up a generall mutiny among the souldiers, and had they had the brains to have manag'd their villany with any sort of discretion and cunning, they would have puzzled us mightily to reduce them; but instead of mutinying within the Fort, as they might have done, they did it without the Fort, which gave us an advantage of 'em. I had directed the Lieut. Governor to draw 'em all up (the new and the old) near the Fort to read an Act to 'em, which we passed this session to punish mutineers and deserters, and to detach afterwards some of the men to Albany to incorporate with those Companies that are there, but when he propos'd it to 'em, they swore they would not stir till they were assur'd of full sterling pay and sea pay during their voyage, they cry'd one and all, and swore they would die rather than yield till they were satisfied in all their demands. The recruits from Ireland landed here on Saturday last, and that night they made a strange disorder in the town and wounded several of the inhabitants. I have three fourths of the soldiers prisoners, and will try some of 'em to-morrow, and I am apt to believe we shall hang or shoot ten or a dousin of 'em. I made use of one slight, which gave me the advantage of the mutineers; I sent to the Burghers to come into the Fort without arms, and a few at a time; and in a very little time I had near 500 men, whom I arm'd out of our store, and then the soldiers submitted at discretion.
	I must needs say all the townsmen and marchands of all parties have been very unanimous this day in shewing their zeal to suppress the mutiny. The contrary weather has staid the Newport frigat these three or four days past, and I have prevailed with Capt. Morrice to stay this day, that I might have an opportunity of acquainting your Lordships with this ill accident. Signed, Bellomont. Endorsed, Recd. Dec. 9. Read Jan. 13, 1700. Holograph. 1 p. Annexed,
	880. i. Abstract of preceding. 1 p. [Board of Trade. New York, 11. Nos. 9, 9.i.; and, (without abstract), 55. pp. 102, 103; and, (abstract only), 45. p. 119.]
Oct. 28. New York.	881. Governor the Earl of Bellomont to Mr. Secretary Vernon. The enclosed copie of my letter to the Council of Trade will inform you of a generall mutiny of all our soldiers this day, which we have happily quash'd without any mischief, but it will be necessary to bring the principall mutineers to justice, which I shall take care to do. Signed, Bellomont. Endorsed, R., 9th Dec., 1700. 1 p. Enclosed,
	881. i. Copy of Lord Bellomont's letter to the Council of Trade and Plantations. Oct. 28, 1700. 1 p. [America and West Indies. New York, 580. Nos. 31, 31.i.]
Oct. 28. New York.	882. Governor the Earl of Bellomont to Mr. Blathwayt. I have had the favour of your letter of June 15, with the establishment of these four Companies enclosed, and that by Lt. Ashfield, one of the Lieutenants come from Ireland with the recruits. Several of them run away before they could be put on board the ship, so that there came but 128 men hither. They arriv'd here the 24 inst. after a tedious passage and very ill usage in their sea provisions by the owners. The soldiers had like to have thrown their officers and the master of the vessell overboard. They are strange, unruly men, and have committed great disorders in this town for which we have put several of 'em in irons. I send over four old, disabled solders, and desire you will please to order their being put into an hospital, or some other care taken of them. 'Tis pity that men who have serv'd the King faithfully and so long a time as they have done, should starve. We have no such thing as an hospitall here, and this country is very dear to live in unless men have trades. Signed, Bellomont. Endorsed, Communicated to the Board by Mr. Blathwayt. Recd. 10th Dec. Read Jan. 13, 1700. Copy. 1¼ pp. [Board of Trade. New York, 11. No. 10.]
Oct. 28.	883. Minutes of Council of the Massachusetts Bay. The Lieut. Governor communicated to the Board the Letter of the Council for Trade and Plantations, Aug. 1, 1700, and the Order of the Lords Justices, July 18, 1700; as also a proposal made by the five Sagamores of the Onnagongues or Eastern Indians to the Five Nations to come into the same Covenant Chain with them and to renounce the French, with the answer of the Five Nations, which proposal and answer were sent to Lord Bellomont.
	Various accounts referred to be examined. [Board of Trade. Massachusetts Bay, 2. pp. 18, 19.]
Oct. 28.	884. Minutes of Council in Assembly of New York. Adjourned till Tuesday.
Oct. 29.	Bill for encouraging seamen was read the first and second times and committed.
	Bill for encouraging brewing read the third time, passed with amendments and sent down.
	Bill for making the Town of Eastchester a distinct parish, read the third time, with amendments, and sent down.
	Bill, repealing the Act for the better securing the Five Nations and for 1,000l. to be raised for building a fort, was sent up, read the first and second times, and committed.
Oct. 30	The last mentioned Bill, and the Bill for appointing Commissioners to state the public accounts, were read the third time with amendments, passed and sent down.
	Bill for encouraging seamen was read the third time and passed.
	Bills, for encouraging brewing and declaring Eastchester a distinct parish from Westchester, sent up and passed. [Board of Trade. New York, 72. pp. 851–856.]
Oct. 28.	885. Journal of Council of Trade and Plantations. Draught of a letter to Lord Bellomont agreed upon.
Oct. 29.	Mr. Crown desiring their Lordships' favour in dispatching a report upon Lord Jersey's letter of June 17, relating to his title to Penobscot, the same was read, together with the deduction of his title received from him in August, and their Lordships shewing him some contradiction between this deduction and the papers he has formerly laid before this Board, in relation to the boundaries of Nova Scotia, he promised to draw another memorial, and therein to set forth those boundaries more exactly.
	Mr. Bradshaw attending the Board, on occasion of the intelligence lately received relating to Capt. Munday, and the seizure of some of his men in Maryland, and declaring that, since the death of Mr. Petit, formerly an owner of Capt. Munday's ship, he had been no further employed in that matter, he was desired to give notice to the other owners of the said ship to attend on Thursday.
	Col. Jory delivered to the Board some Acts of the General Assembly of Nevis, past by Col. Fox, April 13, June 1st and July 24th, which their Lordships resolved to take into consideration with the Acts of the other Leeward Islands past by Col. Fox, in some convenient opportunity.
	The Acts of Barbados, May 18, 1697—Oct. 17, 1699, were now received from Mr. Bridges, together with Mr. Attorney General's report thereupon, and it being observed that there remain yet other Acts of Barbadoes in Mr. Attorney General's hands, ordered that Mr. Bridges be desired to procure his reports upon them also, as soon as possible. [Board of Trade. Journal, 13. pp. 223–226; and 97. Nos. 192, 193.]
Oct. 29. Barbadoes.	886. Governor Grey to the Council of Trade and Plantations. I enclose Minutes and Accounts, which is all that offers since my last. Signed, R. Grey. Endorsed, Recd. Dec. 21, Read Jan. 14, 1700. ½ p. Enclosed,
	886. i. Memorandum of ships cleared in Barbadoes, March 25–June 24, 1700. ¼. p.
	886. ii. Account of stores in the magazine, Aug. 22, 1700. Signed, George Peers. Endorsed, Recd. Dec. 21, 1700. 2 long slips.
	886. iii. Memorandum of Minutes of Council, May 7–Oct. 23, 1700. ¼ p.
	886. iv. Memorandum of Minutes of General Assembly, April 17th, 1700. ¼ p.
	886. v. Memorandum of an Act for Remission of Fines, Sept. 4, 1700. ¼ p. [Board of Trade. Barbados, 8. Nos. 71, 71.i.–vi.; and (without enclosures), 45. pp. 214, 215.]
Oct. 29.	887. Sir Henry Ashhurst to William Popple. In my returne from Exeter last night, I found yours of the 9th, which comands me to send you a draught of a charter, which I send you per this bearer, and it shall not be many days before I waite one you myself in the towne. Signed, Hen. Ashhurst. Endorsed, Recd. 1st. Read Nov. 19, 1700. Addressed, For the Honble. William Popple, Esq., att the office of the Commissioners of Trade at the Cockpitt, neer White Hall. Sealed. 1 p. Enclosed,
	887. i. Draught of a Charter for Incorporating Harvard Colledge at Cambridge in N. England, agreed by ye Council and Assembly of the Massachusetts Bay to be solicited for to His Majesty. Signed, Isa. Addington, Secy. July 12, 1700. 6¾ pp. [Board of Trade. New England, 11. Nos. 25, 25.i.; and, (without covering letter), 38. pp. 303–314.]
Oct. 29.	888. Minutes of Council of New York. His Excellency was granted leave to accept for his own private use two hogsheads of claret, brought as a present to him by M. —, the French Advocate General of Petit Guavas.
	Various salaries paid.
Oct. 30.	Col. Stephen Cortlandt was sworn Chief Justice of the Province.
	A court-martial was erected and the judges and officers sworn.
Oct. 31.	2l. paid to Gabriel Ludlow for copying papers for His Excellency. Mr. Bradford, the printer, having wholly for these four months past neglected his duty in printing the proclamations and conferences with the Indians, His Excellency displaced him. He was debarred his salary, from June 25, and 3l. 12s. paid to Abraham Governeur for copying the said conferences. [Board of Trade. New York, 72. pp. 376–379.]
Oct. 30. Whitehall.	889. Extract of a letter from the Council of Trade and Plantations to Governor the Earl of Bellomont. We have received your letters of July 15, 16, 26 and 31. The address of the General Assembly of the Massachusetts Bay to His Majesty, received with the first, shall be laid before His Majesty with a Representation which we intend to prepare upon the same matters. What has hindered us hitherto is the want of a draught of the Charter for Harvard Colledge, and such other informations as we expected to receive from Sir Henry Ashhurst in pursuance of your directions. We have written to him, but received no answer. As to the boundaries, we have always insisted and shall insist upon the English right as far as the River Sta. Croix. But in the meanwhile, in relation to the incroachments of the French and their building a Church upon Kenebeck River, that seems to us a very proper occasion for your Lordship's urging the General Assembly of the Massachusetts Bay to rebuild the fort at Pemaquid, which they ought to have done long agoe, and thereby they might have prevented this and many other inconveniencys. The alarm they have had from the Indians is also another argument to make them think seriously of that matter, and they ought to be pressed to it with all possible earnestness. The Acts that you have sent us of the Massachusetts Bay, past there the 29th of May last, are not under seal, but we suppose we shall ere long receive an authentick copy thereof, as we have done others formerly from Mr. Addington, and then they shall be considered. As to your Lordship's appointments for your several Governments, you will already have perceived what we have done by the copies of two Representations sent you in our letter of June 22; the consideration whereof we understand lies yet before the Lords of the Treasury. The ship with timber from New Hampshire, for which Mr. Partridge entered into bond that she should come for England, being accordingly arrived in Torbay, the merchants concerned therein made application and great complaint to us about that matter, and we finding thereby that this happens to be the same ship concerning which His Majesty by Order in Council, May 9 last, had directed that she should be permitted to proceed on her voyage to Portugal, we accordingly represented to their Excellencies our opinion thereupon, and send your Lordship also a copy thereof here inclosed. However, as to this trade of timber from the Plantations to foreign parts, we shall take occasion further to consider of it. The Representations that we were preparing upon the Acts of the General Assemblies of the Massachusetts Bay and New Hampshire having been laid before their Excellencies, we send you copies thereof here enclosed, to which we refer ourselves for the reasons of what we have therein offered, and when we receive orders thereupon, they shall also be transmitted to you that they may be observed. In relation to those Acts, we send you also here-with a copy of some remarks that we have made upon divers of them, which we think very proper to be observed by the General Assembly of the Massachusetts Bay upon all like occasions. Mr. Hillary Reneu, a member of the Lustring Company, who has had many occasions to apply to us in behalf of that Company, has lately communicated to us the copy of a letter he writ to your Lordship, March 6, 1698/9, relating to Lustrings and Alamodes unlawfully imported into New England, which letter he says was delivered to your own hands; and he has further desired us to recommend the matters he writes about to your Lordship's care. Tho' we cannot advise your Lordship to those particular methods which he suggests, because the Act upon which he grounds his desire is not in force in New England, as he supposes it to be, yet the Act of the 15th of Charles II., forbidding that any commodity of the growth, production or manufacture of Europe be imported into any of His Majesty's Plantations but what shall be bonâ fide and without fraud shipped in England, Wales or the town of Berwick etc., being a sufficient authority for stopping of that indirect trade, we think your Lordship will do very well to discourage it by all legal means, and more especially by charging the officers of the Customs that they be very vigilant in the discharge of their duty in that particular.
	We desire your Lordship, as we shall do the Governors of all His Majesty's other Plantations respectively, that a memorandum be entered upon the Council Books of all your Governments, to caution them that, whenever any of those Governments by the death, absence or removal of a Governor or Lieutenant Governor, immediately commissioned by His Majesty, comes to devolve upon a President and the Council of any of those Plantations or Governments, such a President and Council do forbeare to pass any Acts, but such as are immediately necessary for the peace and welfare of any the respective Governments, without His Majesty's express order for that purpose. Signed, Stamford, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Mat. Prior. [Board of Trade. New England, 38. pp. 275–280; and, (rough draft), 44A. No. 55.]
Oct. 30. Whitehall.	890. Council of Trade and Plantations to Governor the Earl of Bellomont. Repeats preceding, with the following additions: Your Lordship will have seen by several of our former letters what wee have also done in promoting your desire that a Judge and Attorney General may be sent from hence; and we now intend to represent to His Majesty what you write about the want of an able Secretary for the Province of New York; but in the meanwhile we conceive you may take care that the clerks imploy'd by the Secretary be such as are capable of the business, and fit to be intrusted with the Papers of his Office; and as for all other officers in civil imployment not fitly qualified, we know no more proper remedy than that, where it lies in your power, you put others better qualified in their places.
	We have considered all the papers received with the last of your forementioned letters relating to the Indians, and tho' wee hope the care already taken here upon the first intimation of an insurrection designed by them or others and the arrival accordingly of the recruits, cloathing, presents, money etc., at New Yorke, will long ere this time by your Lordship's good management have altered the state of those affairs, yet we have now made a farther use of those papers, by sending extracts of what relates to the want of Ministers to the Archbishop of Canterbury and Bishop of London, that they may take it into consideration, and are also at the same time taking what care we can otherwise, that something may be effectually done therein; we have likewise sent extracts of what relates to the practices of the French amongst our Indians to Mr. Secretary Vernon to be laid before His Majesty, that orders may be procured from the French Court for the preventing of such like practices for the future.
	Among the aforesaid papers there are some signed by Mr. Livingston, as Secretary of the Indian affairs: this puts us in mind of what your Lordship informed us July 8, 1699, about his behaviour, upon occasion of Kid's arrival at Boston, in imbezling the goods brought in by Kid, and pressing to be discharged from his own bond; and as these things were then displeasing to your Lordship, and seemed to give you suspicion of his guilt, it is fit wee should know what proof has since been given of his innocency, that he should be continued in the Council and other publick imployment. Your Lordship will have perceived by our letter of April 11th last, that what you write about the cutting off of 27 months' pay and subsistence from the soldiers, is a mistake. There has not any, either pay or subsistence, been cut off; but the Parliament having taken upon themselves to provide for the arrears of His Majesty's Forces in all parts of the world, to the 25th March, 1699, the pay and subsistence of the two companies in New Yorke are assigned on the forfeitures of Ireland in like manner as the pay and subsistence of all the rest of the forces. Nor could any other provision be possibly made for them, His Majesty having no other fund for it. As for the reduction of the four Companies in New Yorke to 200 men, it was done upon your Lordship's information, that there were but 180 effective men of those Companys in being; and by the present establishment they have been made up 400, as soon as His Majesty was enabled to do it. We pray your Lordship therefore to have a more favourable opinion of those that have the honour to approach the King, then to impute unto them the having given His Majesty any ill advice in these matters. We neither know any person that has done it, nor do the things themselves appear to be the effect of any such advice.
	In our last letter wee told your Lordship that wee had then under consideration the whole scheme of what you had writ us at several times relating to the production of Naval Stores in the Province of New York, and the security of those frontiers, as also what you had writ about the waste committed in the woods of New Hampshire and the Eastern parts of New England. We have accordingly laid two Representations upon those subjects before their Excellencys the late Lords Justices, whereof we send you copys, and when any orders are made thereon, we shall send them also for your direction.
	The enclosed copy of a letter from Mr. Homrigh to Mr. Blathwayt (No. 804) shows your Lordship the last account we have of the recruits from Ireland. Signed, as preceding. P.S.—We desire your Lordship to be mindful of H.M. Instruction for sending home yearly accounts of the arms, ammunition and stores remaining in all His Majesty's magazeens and garrisons in the several Provinces under your Government, and to take care that those accounts be regularly transmitted, as His Majesty has directed. [Board of Trade. New York, 55. pp. 4–12.]
Oct. 30.	891. Remarks [? by the Council of Trade and Plantations] upon some Acts past in the General Assembly of the Massachusetts Bay, Dec. 15, 1697–March 13, 1699/1700, which ought to be observed in all future occasions of the like nature.
	(1) An Act prohibiting the exportation of money and bullion. Expired. This Act ought not to be revived, nor any other such Act made without a clause for permitting money and bullion to be brought to England.
	(2) An Act for granting unto His Majesty several duties of import, excise and tunnage of shipping. Expired. The exemption of ships belonging to the Province from payment of the powder duty is too partial; and that, together with the exemption of sloops or other vessels under 12 tons, makes that duty lie in a manner singly upon ships belonging to England, which ought not to be allowed.
	(3) An Act for discontinuing the duties of impost granted at the General Assembly, May 25, 1698, and for granting others instead. Expired. In this Act there wants a clause for the powder duty, which is fit to be continued, but not so partially as in the former Act.
	(4) An Act for giving necessary supplies to the Eastern Indians, and for regulating the Trade with them. Expired. This Act prohibits all but the Truck Masters from trading with the Indians, which seems to be a hardship. We desire to know what has been the effect of this Act, and whether there have not been complaints against it.
	(5) An Act to enable Samuel Searle aud Jonathan Tyng to sell a house and land in Boston. Approved. In this Act there wants a clause for saving the rights of all persons as usual in such Acts of Parliament in England, which ought not to be omitted in private Acts of this kind.
	(6) An Act to prevent the deserting of the frontiers of this Province. Expired. This Act seems to lay a great hardship upon the inhabitants of the frontiers; they ought rather to be assisted and encouraged by building of forts and otherwise.
	(7) An Act to impower Joan Papillio to sell land. Approved. Wants the same clause as No. 5.
	Memorandum. All persons concerned in private Acts should take care to have correspondents here in England instructed to answer such queries as may be made relating thereunto, and to attend H.M. Attorney or Solicitor General for their opinion upon such Acts in point of law. The want thereof has been the occasion that there are now four private Acts remaining in Mr. Solicitor's hands not reported upon; and there is also the same necessity of an Agent for the Province in respect of all Public Acts, as likewise in respect of many other public affairs that frequently occur. [Board of Trade. New England, 38. pp. 281–283.]
Oct. 30. Whitehall.	892. Journal of Council of Trade and Plantations. Letter to Lord Bellomont signed.
	Copy of the trial between Jeremiah Basse and others v. the Earl of Bellomont, about the Hester, received and laid before the Board.
Oct. 31.	Letter from Sir William Beeston to the Secretary, Aug. 2, read, and the papers therein referr'd to laid before the Board.
	Letter from Mr. Addington to the Secretary, Aug. 13, read, and the papers therewith transmitted laid before the Board. Ordered that the Acts of the Massachusetts Bay, May 29, 1700, be sent to Mr. Sollicitor General.
	Their Lordships, taking into consideration the papers lately received from Col. Blakiston relating to Capt. Munday and his mate Gellibrand, who has been lately sent over prisoner from Maryland, directions were given to the Secretary to send a copy of Col. Blakiston's information to the Treasury, and to acquaint the Ordnance Office with what guns were seized aboard the said Munday.
	Mr. John Witchcot and Mr. Munday, brother to Capt. Munday, owners of the John (? and) Hopewell, with Mr. Bradshaw, the Sollicitor, attending, in answer to questions, replied that the reason of Capt. Munday's writing his first information against Gellibrand was his being imposed upon by one of the pirates' men, who, deserting the pirates, came to the said Munday and told him Gillibrand had voluntarily joyned with the pirates. But now they were so far convinced of Gillibrand's innocence, he having done considerable service in seizing the said pirates' ship, that they design'd to put him a mate of their own ship again, and were willing to be bail for him, and promised to attend Mr. Secretary Vernon thereupon. Mr. Gillibrand, uncle of the mate Gillibrand, attending also, delivered a state of his nephew's case, which was read, as also some papers from Mr. Secretary Vernon, chiefly duplicates of those lately received from Col. Blakiston. Copies of Capt. Munday's bond for appearing before His Majesty in Council upon his arrival in England, and of Col. Blakiston's warrant to Capt. Burbridg for bringing Gillibrand to England ordered to be kept. A letter was then writ by the Board to Mr. Secretary Vernon declaring that, by what appears to their Lordships, they do not believe Gellibrand to be criminal. [Board of Trade. Journal, 13. pp. 226–231; and 97. Nos. 194, 195.]
Oct. 31. Whitehall.	893. Council of Trade and Plantations to Mr. Secretary Vernon. We do herewith return you the papers you were pleased to send us relating to Nicholas Gellebrand, having copies of the same, and having examined the papers and heard the owners who have not been able to justify their first information. We believe Gellebrand is not a criminal, but on the contrary. The owners offer to be his bail and will attend you to that end. Signed, Stamford, Wm. Blathwayt, John Pollexfen, Abr. Hill, Math. Prior. [Board of Trade. Maryland, 9. pp. 554, 555.]
Oct. 31.	894. Case of Nicholas Gellibrand, mate of the John Hopewell. Repeats previous accounts of the seizure of Munday's ship. The pirates violently detained Gellibrand, who seized their sloop at Annibo. Endorsed, Recd. Read Oct. 31, 1700. 1 p. [Board of Trade. Maryland, 4. No. 13.]
Oct. 31. City of Williamsburgh.	895. Minutes of Council of Virginia. Geo. Luke was sworn Collector of the lower district of James River. [Board of Trade. Virginia, 55. p. 38.]