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that ship shall be prize; but the Mar, men and ship shall be restored and the freight immediately paid to the said Master to the utmost value as he should have had, if he had gone sate to the Port where he was bound. Thirdly
That whereas Capt. John Munden has given us good assurances that he had a great affront some years passed from some of our rude sailors at our Mould, We do hereby promise that at all times whenever any of the King of Great Brittaines' ships of War come to this place, order shall be given to an Officer of the Government immediately, who shall attend at the Mould all the daytime during their stay here to prevent any such disorder for the future; that no misunderstanding may happen between us, and if any such disorder should happen, the officer of the Mould shall secure the person or persons and they shall be punished with the utmost severity. Fourthly
By the help of God, and if he pleases, these Articles now made between us shall be maintained; to the truth of which We have hereunto set our hands and Seals, in Algier, in the year of the Haggira 1112, and is the account of the Christians August 17th 1700.
[Note. Pages 22, 23, & 24 of the MS. Council Records, are a duplicate, verbatim, of pages 17, 18, & 19, relating to the Orders of the Court at Hampton, &c., (except the signature “Edward Southwell,”) and they are therefore here onnitted.-ED.
Extract of a Letter from the Secretary, to the Earl of Bellomont, dated the gth November, 1700.
I am directed by the Lords Commissioners for Trade and Plantations to send your Lordship the Copy of two orders of Council of the 224 October last relating to the Acts of New Hampshire, all which being only for your Lordships information I have nothing to say upon them.
Extract of a letter from the Lords Commissioners for Trade and
Plantations to the Earl of Bellomont, dated the 30th October 1700.
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 Maj'ty by order in Council of the oth of May last (whereof we sent you a copy in ours of the 21st June) 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 action further to consider of it.
The Representations that we were preparing upon the Acts of the Gen Assembly of New Hampshire having been laid before their Excellencies, we send you copies thereof here inclosed, to which we refer ourselves for the reasons for what we have therein offered, and when we receive Orders thereupon, they shall be transmitted to you that they may be observed.
We desire your Lordsbip to be mindful of his Maj’tys Instruction for sending home yearly accounts of the Arms, Ammunition and Stores remaining in his [P. 28.] Maj'tys Magazines and Garrisous in the several Provinces under your Government, and to take care that those acctts be regularly transmitted as his Maj'ty has ordered.
We also desire your Lordpp (as we shall do the Govent of all his Maj’tys other Plantations respectively) that a memorandum be entered upon the Council Books of all your Governments to caution them, that whenever any those Governments by the death, absence or removal of a Govern" or Lt. Govern'immediately commissioned by his Maj’ty comes to devolve upon a President and the Council of any of those Plantations or Governments, such President and Council do forbear to pass any Acts but such as are immediately necessary for the peace and welfare of any of the respective Governments, without his Maj'tys express order for that purpose.
Copy of a letter from the Lords Com’rs for Trade and Planta
tions, to the Earl of Bellomont. Dated the 3d December 1700.
We send you here inclosed a copy of an Agreement lately made by Capt. Munden and Consul Cole with the Governinent of Algiers, by which all English Merchant Ships are exempted from being molested by the Algerines on account of their not having Passes until the end of September 1701; but after that time (if not provided with such Passes) will be liable to be carried up to Algier's and have their Loading confiscated.
And we desire you thereupon to take care that due notice be given thereof in yr Governments that all persons concerned may thereby have opportunity to provide themselves with Admiralty Passes for their security in that occasion, according to the Instructions that have not long since been sent to you by the Lords Commissioners of the Admiralty with Passes to be distributed accord
ingly. And in case you find occasion for [P. 29.) a greater number of Passes than you have yet received you will do well to apply y'self in time to the Lords of the Admiralty that you may be accordingly furnished with them. So we bid you heartily farewell.
Your very loving friends,
(Prov. Rec. B. II. p. 235.] Extract from the Lords of the Council of Trade's letter of the
21 June, 1700, to the E. of Bellomont. His Majesty having been informed by the consul at Algier, that the Dey of that Government had declared to him their resolution to direct their crusiers to require Admiralty passes, pursuant to the Treaty with them in 1682, from all the ships of his Majestys subjects that they should meet with in and after the month of September next;-and, it being apprehended that they may cruise in the way of our Plantations' trade more than they have formerly done, so that all ships not only to, but from, England thither, but also from one plantation to another will need to be provided therewith; Care has been taken here for preparing of passes and regulating the distribution thereof in the Plantations with all possible diligence; in which we have done our part: We doubt not but you will accordingly receive both passes and rules relating thereunto for the security of the trade of his Majesty's subjects in the Provinces under your Government from the Lords of the Admiralty: And that your Lordship may be more fully informed of what the Algerines expect, we send you here indorsed the copies of the Dey of Algiers letter to his Majesty, of the 14th April, 1699, and of the Consul's letter of the 13th April, 1700.
(Prov. Rec. B. II. p. 234.1
Admiralty Office, 21st June, 1700. My Lord,
Your Lordship will herewith receive 2 boxes containing 1000 passes to be disposed of as the inclosed instructions from my Lords of the Admiralty direct, for securing ships and vessels of bis Majesty's subjects from the Algerines; and for your better guidance how to fill up the blanks in the said passes, I send you one of them filled up for a sample.
Your Lordship will also receive in the box with the passes, 1000 oaths and 1000 bonds, some of which oaths are for English built ships, and the rest for foreign built ships made free, and part of the bonds are for ships trading coast-wise in the plantations, the others for such as trade from the plantations to Europe. Samples of which oaths and bonds with the blanks filled up, I send you for your guidance in the doing thereof, before you fill up or deliver the pass.
And whereas your Lord-hip will find by the said instructions that a registry must be sent to this office of all passes delivered out by you, I send you likewise a scheme showing in what manner the said registry is to be kept.
And your Lordship being directed by the other order of my Lords of the Admiralty that come indorsed, to secure a fitting number of those passes and bonds for your own Government, and then to distribute the rest to the respective places mentioned in the margin,* I desire you will please at the same time to send the packets also that come herewith to the said places respectively, and that you will own the receipt hereof, and let me know how you dispose of the passes. I am, my Lord, your Lordships most
J. BURCHETT. Ld. Bellomont, Gove of New England.
Letter to Gov. Bellomont relating to Timber. [P. 30.] Right trusty and right well beloved Cousin-we greet you well.
Whereas we have been informed that great spoils are daily committed in the woods of New Hampshire and Province of Maine, and other parts within our Goverum of the Massachusetts Bay, by cutting down and converting to private uses such Trees as are or may be proper for the service of our Royall Navy, and it being necessary that all practices which tend so evidently to deprive us of those supplies be effectually restrained:
Our Will and Pleasure is that upon consideration of the occasions of such abuses, the methods by which they are carried on, and the inconveniences that attend them, you use your endeavors, with Our respective Councils and the General Assemblies of the Massachusetts Bay and of New Hampshire, to dispose them to pass Acts for preventing the further spoils of those woods, and
* Virginia, Maryland, Carolina, Pensilvania, East and West New Jersey, Connecticut, Rhode Island.
for preserving a Nursery of such trees as may be useful for our service, and in case you cannot prevail with them to pass Acts proper and sufficient for those purposes, that you send over hither the heads of such a Bill as may be effectual for those ends, and fit to be enacted here. Soe We bid you heartily farewell.
Given at our Court at Hampton Court, the 19th day of January 1700-1, in the twelfth year of Our Reign.
By his Majestys Command,
JAMES VERNON. Draught of a Letter for his Maj'tys signature to the Earl of Bellomont, about preserving his Maj'tys Timber in New England. Dated the 9th January 1700-1.
[P. 31.] Copy of his Majestys Letter to the Earl of Bellomont, relating to
Accessories in case of Piracies beyond the Seas, February 2d
1700-1. Right trusty and right well-beloved Cousin-We greet you well:
Whereas by Our letters bearing date the 10th Feb’ry, 1699-1700 we thought fit to give you several directions relating to the trial of Pirates in Our Province of New York, and whereas an Act of Parliament is since passed for the more effectual suppression of Piracy, pursuant to which a Commission under the Great Seal of England has been also sent you, impowering you and others to proceede accordingly in reference to Our said Province, and to Our Province of East and West New Jersey and Our Colony of Connecticut,
Our Will and Pleasure is that notwithstanding anything contained in Our aforesaid letters of the 10th of Feb'ry 1699-1700 you henceforward take care to Govern yourself in matters relating to Pirates according to the intent of the Act of Parliament and Commission aforementioned.
But whereas Accessories in cases of Piracies beyond the Seas are by the said Acts left to be tried in England according to the Statutes of the 28th of King Henry, the gth, We do hereby further direct & require you to send all such Accessories in cases of Piracy in Our aforesaid Provinces of New York, the East and West New Jerseys and our Colony of Connecticutt with the proper Evidences, that you may have against ym into England in order to their being tried here.