PRESENT, His Excellency the Earl of Bellomont,

• The Lieut. Governour, Capt. Nansan, Esqr.
• Frederick Phillips, Esqr.
• Stephanus Cortland, Esqr.
• Chidley Brooke, Esqr.
• Gabrill Minveill, Esqr.
• John Lawrence. Esqr.

HIS Excellency administred an Oath of Secrecy to the Lieutenant Governour, Edward Randolph, Esq and Thomas Weaver, Esq they not being Members of the Council.

His Lordship appointed Thomas Weaver, Esq to act as Council at Law in behalf of his Majesty, and to assist to take the Minits of the Council.

By his Lordships Command a Letter was read from his Grace the Duke of Shrewsbury, principal Secretary of State, to his Lordship, Governour of New-York, in relation to Pyrats.

By his Lordships Command, the Letter to his Lordship from James Vernon, Esq Secretary to their Excellencies, the Lords Justices of England, in relation to Pyrats was read; as likewise a second Letter from Mr. Vernon, with Memorials from the East India Company, of Damages done in the East Indies by Pyrats belonging to New-York, the said Pyrats being reported to have Commissions and Protections from the late Gover­nour, Coll. Fletcher and a Command to his Lordship to make enquiry into the same

His Lordship then told the Gentlemen of the Council, That the occasion of his calling them was to have their Advice in relation to some Discoveries he had made about Pyrats, and desired Mr. Weaver to open the matter to them.

Who enlarged upon the strict Orders given by his Majesty against Pyrats, to the Governour of New-York, and now read to them, of the Nature of the Crime of Pyracy, how involv'd with other Crimes, especially Murder, and the ill Consequences that attend it: How far his Majesties Honour is prejudiced, with regard to his Allyes: The great loss and destruction of the Trade of the East India Company of England, and therein the vast loss of his Majesties Revenue, and to the Ruin of his Majesties Subjects by Reprizals made on their Effects in the East-Indies: The dishonour done to his Majesty. That any of his Governours should grant Commissions to Pyrates, or that they should grant Protections to prevent Prosecutions for a Crime abhorr'd by all civil Governments, all [Page 4] which is a betraying the Trust reposed in them by his Majesty.

That his Lordship had received full Information that Coll. Fletcher, late Governour of this Province, had admitted notorious known Pyrats to bring in their Spoils to the City of New York, and had granted them Protections under his Hand and Seal, for which he had received considerable Rewards from them, they at the same time confessing to him that they had Robb'd the Subjects of the great Mogul, his Majesty's Alley.

That likewise his Lordship was well informed that William Nicolls, Esq one of his Majesty's Council, by Profession a Lawyer, and therefore not ignorant of the Nature of Pyracy, had so far betrayed the Trust his Majesty had reposed in him, as to make the bargain between the Pyrates and Coll Fletcher, (well knowing them to be Pyrats) and agreed with them on the Price they should give Coll. Fletcher for his Protections; for which his Service the said Mr. Nicolls had a Present made him of eight hundred Pieces of Eight. To prove which a Deposition was produced to his Lordship and Council, of Edward Taylor, one of the Pyrats who made the agreement with Coll. Fletcher and Mr. Nicolls. Which Deposition was very full to prove the same. And likewise several Original Protections as for Pyrats were produced, signed and sealed by Coll. Fletcher.

That his Lordship esteemed it a very great betraying of Trust both in Coll. Fletcher, the late Governour, who is now on ship board bound for England, as likewise of Mr. Nicolls, one of his Majesty's Council, now confined in the Fort, involv'd in the same Crime with him. That this is matter of State, and his Lordship desired their Assistance and Opinion, what should be done therein for his Majesty's Service.

On this Mr. Nicolls was sent for to appear before his Lordship and Council, and being charg'd by Mr. Weaver with the fore-going particulars, and having heard read the aforesaid Deposition of Edward Taylor, Mr. Nicolls for his Defence said, He knew no Persons that were Pyrats, nor did he know of any Contract made by Pyrats with Coll. Fletcher; but acknow­ledged that he had received the eight hundred Dollars from Edward Taylor for obtaining Protections and did believe he deserved them for his pains and labour in serving them. He likewise offered, That there is an Act of this Province that gave allowance to Privateers to come in and have Pro­tections, if they gave Security to the Government.

To this Mr. Weaver answered, That there was no such Act that gave any benefit to these Pyrats, and produced the Act in relation to Pyrats, and read part of it

Then Mr. Weaver, by his Lordships order, acquainted the Council, That Capt Evans, Commander of his Majesties Ship, The Richmond, bound for England, had given in a Memorial to his Lordship, That be wanted forty Sailors, but acquainted his Lordship, that he could Man his Ship by Pyrats. His Lordship being startled thereat, told Capt. Evans, That he thought it dangerous to admit so many Pyrats on board the Kings Ship, for that they might knock the Kings Sailors on the head, or joyn with them to run away with the Kings Ship. To which Capt. Evans replyed, He did not fear that. This discourse was about the 18th of April: and four or five days after Capt. Evans came again to his Lordship, and desired an [Page 5] Order for ten of Capt. Syms Saylors, affirming to his Lordship, that he had got thirty Volunteers on board, who would pay for their Passage home for England. That his Lordships Jealousie being much increased by these Discourses of Capt. Evans, his Lordship ordered him to get ready to sail, and when the Ship was ready, his Lordships Pacquets and Capt. Evans sailing Orders should be ready. And some few days after Capt. Evans came to his Lordship, and told him, that he was ready, and would, with his Lordships leave, sail to the Watering - place at Statten-Island, and when watered would fall down to Sandy Hook, where he expected six or eight Sailors would come on board of him; and then Capt. Evans said he would wait on his Lordship at New-York, and receive his Pacquets and sailing Orders

To these Discourses his Lordship offered his Oath voluntarily to the Council, that they were true. And to the two last Discourses of thirty Volunteers on board that would pay for their Passage home: and that six or eight Sailors would come on board at Sandy-Hook, Mr. VVeaver (who was present with his Lordship at the time of their being spoke) offered to attest.

That his Lordship (believing it not safe to hazard the Kings Ship, and with design to catch the said Pyrates (if on board) had this morning secur'd Cap. Evans in this Fort, and had given a Commission to Cap. C [...]iford, with necessary Instructions, and several Gentlemen, with forty armed Sailers were now sent with him on board the Richmond, which his Lordship offered to the Consideration of the Council.

On which Captain Evans being called in before the Council, and charged with the aforegoing particulars, Capt. Evans absolutely deny'd that he had said to his Lordship that he would man his Ship with Pyrates, and said his Lordship had mistaken him, for that he had only said he believed he could get so many of the Privateers come in with Capt. Allison from Madagascar, and likewise denyed all the other Speeches to be said by him, which were attested by his Lordship; and Captain Evans protested, that he had no Pyrate or Volunteer (to pay his passage) on board the Kings Ship, nor would he suffer any Pyrate to come on board the Ship, nor did he know of any that was to come on board. On which both Captain Evans and Mr. Nicolls were ordered to with­draw.

His Lordship then proposed to the Council that since the Infamy of Encouraging and Supporting Pyrates was laid on the City of New York, that it would be for the honour of the Government (what in them lay) to wipe off that stain, and to publish a Proclamation forthwith concerning the horrid crime of Pyracy, and for the prosecuting and discovery of Pyrates, to which the Council unanimously assented.

Then his Lordship desired the advice of the Council what Methods should be used against Coll. Fletcher, Mr. Nicolls and Captain Evans, on this Emergency. Mr. Chidly Brooks said, that giving Protections to Pyrates hath not been looked upon formerly as so great a matter, for that all the neighbouring Governments had done it commonly. To which his Lordship replyed, That Mr. Brooks might, if he pleased, think it a [Page 6] Piccadillo but his Majesty and his Ministers at home esteemed it as a high Offence, as might be perceived by the strict Instructions about it, that had been read to them. To which Mr. Brooke answered, That he would not excuse it, but only spoke of what had been done.

The Council were of Opinion not one dissenting, That the Depositions and Proofs against Coll. Fletcher should be taken, and sealed with the Seal of the Province, and sent home to the King with Coll. Fletcher a Prisoner. But as for Mr. Nicolls they believed it proper he should be tryed here where the fact was committed, and not be sent home, which would Ruin him, he having, (as they believed) no Money at home.

To which his Lordship replyed, That there was so general a Corruption in this Province, and the People so accustomed to the Profits of Pyrats, that they were apt to be almost in an Uproar on the Execution of the Laws; and that he did not know how far it was proper to bring this matter to a Tryal here; and that since Coll. Fletcher and Mr. Nicolls were both involved in the same Crime of Male-administration of the Trust reposed in them by his Majesty, it was his Lordships Opinion, that they should both be sent home together, and be answerable to his Majesty

Then Capt. Evans and Mr. Nicolls were again called in before the Council.

The Council were of Opinion that Mr Nicolls and Capt. Evans should give in Security for their Appearance, or continue confined.

And in presence of the Council his Lordship admitted Mr. Nicolls to give in Security of Two Thousand Pounds to appear when demanded; and admitted Capt. Evans his own Recognizance of one Thousand Pounds to appear when demanded.

His Lordship thought fit to suspend Mr. Nicolls from being one of his Majesties Council, until his Majesties further pleasure be known therein.

And on the fore-going Recognizances Capt. Evans and Mr. Nicolls were discharged of their Confinement.