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Parliament made in the 25th year of King Charles the second, Cap. 7, entituled, An Act for the better securing the Plantation Trade, That all ports are to be appointed in the Plantations by the Commissioners of the Customs of England, by and under the Authority and Direction of the Lord Treasurer, or Commissioners of the Treasury in the respective Plantations, for the collecting such Customs as are due to his Majesty in these Plantations. And that the aforesaid Power of appointing Ports, granted to the Commissioners of the Customs by the said Act, was not granted to the Duke of York by the said Letters Patents; and also the said Duke of York's Grant to the Lord Berkley and Sir George Carteret could not convey any such power, because he had no such power granted to him by the Crown. Whereupon it appeareth evident, That the said Proprietors have no manner of Right or Power to constitute ports either in East or West New Jarsey, from the late King Charles the second, the then Duke of York, or any other person deriving Authority from either of them, but that a Power of constituting such ports in any of his Majesties Plantations, is vested by Act of Parliament in the Commissioners of His Majesties Customs, under the Directions of the Lords Commissioners of his Majesty's Treasury.

And the said Right Honourable, the Lords Commissioners of Trade and Plantations were further humbly of Opinion, That all priviledges should, as much as possible, be preserved unto the Province of New-York. Which his Majesty was most graciously pleased to Approve; and thereupon was pleased to dismiss the said Petition of the Proprietors of East New-Jarsey and to order, That there be not any Innovation within the River of New York, nor any Goods to pass up the same, but what shall have paid the Duties at NewYork, to the end the benefit of that Trade may be preserved to the Inhabitants and Traders of New York

and Albany, the same being agreeable to the Laws of his Majesties said Province, and to former Practice, as well as necessary for the collecting of those Customs and other Duties which are to be raised for the support of his Majesties Government in his said Province.

And whereas I am Informed, That notwithstanding of the Declaration of His Majesties Royal Will and pleasure in the premises, the proprietors and other the Inhabitants of the said East New-Jarsey, do contrary thereunto, endeavour to settle and establish a port at Perth-Amboy, to the great Obstruction and Decay of the Trade and Revenue of this His Majesties Province. I have therefore thought fit, by and with the Advice and Consent of His Majesties Council, strictly to charge and command His Majesties Collector and Receiver General of this His Majesties province of New York, and all Custom-House-Officers under him, and all other person and persons whom these presents may or can concern, that all and every of them in their respective places and Circumstances, do take effectual care that no Ship or Vessel be suffered or permitted to go unto Perth-Amboy, or unto any other Port or place within the said East-New-Jarsey with any Goods or Merchandize whereon any Duties or Customs do arise by virtue of the Laws of England and this province, without their first coming and entring the same in his Majesties Custom-House at New York, and paying there the aforesaid Duties established by the Laws, as aforesaid. And if any

Ship or Vessel shall, contrary hereunto, go into any port or Harbour in the said New-Jarsey, then his Majesties Collector and Receiver General, or any Officer appointed by him, shall seize and stop the same until discharged by due course of Law. And all Persons are hereby strictly Charged and Commanded to take Notice hereof accordingly, as they will answer the contrary at their Peril.

Given at Fort William Henry the Twenty Fourth Day of May, 1698, and in the Tenth Year of the Reign of Our Sovereign Lord, WILLIAM the Third, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c.

GOD SAVE THE KING.

BELLOMONT.

[Endorsed] Transmitted by y Earle in his Lett! dated 25th May 1698.

Earl of Bellomont to the Lords of the Treasury, Enclosing the Foregoing Proclamation.

[From New York Col. Docts., Vol. IV., p. 318.]

To the Right Honble the Lords of His Majtys Treasury:

My Lords [Extract]

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** I have refused to permit Proclamations to be printed in this City by the Gov' of the Jerseys publishing that Perth Amboy and Burlington are free ports, because I find that the laws of this Province do raise a considerable Revenue for the sup port of this Govern' from Customes on Goods, which the ports in the Jerseys will be free from, and the port of Amboy being but twenty mile from this, The Merchants will all transport themselves thither, and carry away all the trade to the destruction of this Govern' I thought this affair of so great consequence, that I have likewise given this account thereof to the Lords of the Councill of Trade, that I may have His Maj pleasure therein for my direction. *

New York May 25th 1698

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BELLOMONT.

Earl of Bellomont to the Lords of Trade.

[From New York Col. Docts., Vol. IV, p 314.]

To the Right Honble the Lords Commisss of Councill of Trade and Plantations.

My Lords [Extract]

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* * Your Lord's representation of the 27th Oct 1697 and His Majtys order in Councill thereon, relating to the Port of New York, I immediately communicated to the Councill and have accordingly published a Proclamation (which I herewith send) declaring His Majtys pleasure in maintenance of the Priviledges of this port against the pretended right of Perth Amboy in East Jersey, which has given great satisfaction here, for, upon a report that the proprietors of the Jersies has obtained His Majtys consent, that Perth Amboy in East Jersey and Burlington in West Jersey, should be declared ports, several of the Merchants of this Town were going to remove to Perth Amboy, where they proposed to themselves, the advantage of importing all sorts of merchandise free from duty; of this their resolution I writ Your Lords an account in my letter of the 18th inst: before the receipt of your last letters.

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My Lords Your Lordships most faithful humble servant

New York 25 May 1698

BELLOMONT

Deposition of John Elston, one of Every's Crew, taken before the Governor of the Jerseys.

[From P. R. O. B. T., New York, No. 4, D. 4.]

John Elston's Affidavit May 27th 1698. Referred to in the Earle of Bellomts lett" of yee 1st of July, 1698.

PERTH AMBOY, May 27th 1698

John Elston aged about 20 yeares Declares that about the yeare 1692 being in London shiped himself with the Lieutenant of Capt Gibson (Averry being then Cheife Mate) they proceeded on the Voyage to the Groyne where (upon some Disorders amongst the Seamen for want of theire pay) they Runn away with the said ship turning said Capt Gibson into a Pinnace after they were under saile with others of the said Capt Gibsons officers. This said Elston being then asleep knew nothing of said Action, till Comeing upon Decke found the Ship under Saile, and then supposed said ship was Goeing for England Capt Gibson being sick they tooke him out of the Cabbin, and as above sent him ashore. Saies that the first Land they made was the Cape de Verd Islands stopping at one of them Called the Isle of May, that there was 3 shipps there supposed Bound for Barbados ffrom thence proceeded to the Coast of Guinea touching at the Gold Coast and severall other places, which he does not Remember; that Dureing the time of theire being on the Coast they tooke two shipps Danes and Swedes Laden with Goods for the Guinea trade takeing as many men out of them as were willing to saile with them turning the Rest on shore on the Island of

Belonging to the Portaguese and turning the shipps a Drift, that in the Acc'on they had a Dispute with

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