America and West Indies: December 1703, 27-31

Pages 907-923

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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December 1703, 27-31

Dec. 27.
1420. Mr. Addington to W. Popple. Refers to Enclosed Journals of Council and Assembly, Laws, and lists of Causes of the Massachusetts Bay. Signed, Isa. Addington. Endorsed, Recd. 29 April, Read May 2, 1704. 1 p. Enclosed,
1420. i. List of Causes heard at the Inferior Court of Common Pleas holden at Cambridge for Middlesex County. Sept. 1703. Signed, Ja. Russell. 1 p.
1420. ii. List of Causes heard at the Inferior Court of Common Pleas holden at Boston for Suffolk County, Oct. 1703. Signed, Elisha Hutchinson. 3½ pp.
1420. iii. List of Actions tried at the Superior Court of Judicature for the County of Bristol, holden at Bristol, Sept. 1703. Signed, Samuel Sewall. 2 pp.
1420. iv. List of Causes heard at the Inferior Court of Common Pleas for Newbury County, holden at Newbury, Sept. 1703. Signed, Nathl. Saltonstall. 1¼ pp.
1420. v. List of Causes heard at the Inferior Court of Common Pleas holden at Bristol, Oct. 1703. 1 p. Signed, Nathal. By field, Judge.
1420. vi. List of Causes heard at the Inferior Court of Common Pleas holden at Barnestable for the said County, Oct., 1703. Signed, Barnabas Lothrop. ½ p.
1420. vii. List of Causes heard at the Inferior Court holden at Salem for the County of Essex, Nov., 1703. Signed, Wm. Browne, Judge. 1 p.
1420. viii.–xvi. Memoranda of Minutes of Council and Assembly and Laws of the Massachusetts Bay. [C.O. 5, 863. Nos. 68, 68.i.-xvi.; and (without enclosures) 5, 911. pp. 255–258.]
Dec. 27.
1421.Earl of Nottingham to the Council of Trade and Plantations. The Queen having appointed Col. William Mathews to be Governor of the Leeward Islands in the room of Col. Codrington, H.M. would have you prepare his Instructions and Commission for her approbation. Signed, Nottingham. Enclosed, Recd. Read Dec. 31, 1703. 1 p. [C.O. 152, 5. No. 42; and153, 8. p. 227.]
Dec. 28.
1422. Governor Dudley to Mr. Popple. I am very sensible of your favour to mee in the just Representations of their Lordships etc. I have written alwaies with all truth and plainness etc. If it were possible that the neighbour Colonyes of Connecticut and Road Hand might be brought to march with us or pay a Quota, and that we might have some powder and other stores sent us, we should be in a better posture etc. The Council here upon consideration of a winter's march, for which in all poynts I am ready, have also declared themselves of the Representatives' mind, and I am fearful that this season will be lost. Signed, J. Dudley. P.S.—The map humbly presented to their Lordships is the most exact for this Province of any extant, it has cost mee some surveys, and is pretty well pencil'd. Amongst Mr. Addington's papers, there is the beginning of the account of Causes, which being new, if their Lordships would have them otherwise then in this form, it shall be obeyed. Holograph. Subscribed,
1422. i. Abstract of preceding. The whole endorsed, Recd. April 29, Read May 8, 1704. 3 pp. [C.O. 5, 863. No. 69; and (without abstract) 5, 911. pp. 276, 277.]
Dec. 30.
Prize Office.
1423.Commissioners for Prizes to Mr. Popple. In answer to your letter of the 21st, we have procured a copy of the condemnation of the Neptune, whereby 'twill appear she was condemned at Barbadoes as prize, and one moiety thereof ordered by the sentence to be distributed, and proportioned according to the meaning of H.M. Declaration dated June 1, 1702; and the other moiety ordered "to be distributed to such uses as by the Statutes or Acts of Parliament in that or the like cases are made and provided." Now upon reading the Clause, we submit it to you whether there was not ground to conceive that the Judge of that Court has at least intimated that though one moiety be liable to a division according to the Declaration, yet that the other moiety is subjected to some distribution ordered by some Statutes made in such cases; and thinking the words "Acts and Statutes" might signify something in this place, we conceived they must be interpreted of Acts of the Assembly of that Government, since there are no Statutes or Acts of Parliament here directing the manner of distribution of prizes, and therefore upon supposition that these were words of some effect (especially when used in contradistinction to the Declaration), and there being no such Statutes made in this kingdome, and upon information there hath been an Act made in Barbadoes to incourage privateers in case of a war, we were by those means induced to beleive that the Acts referred to in their sentence might be some Acts made in that Assembly concerning prizes taken by H.M. ships of war. These were the reasons for that conjecture of ours, wherein though we should possibly be mistaken by conceiving the words Acts of Parliament and Statutes to have signified somewhat, yet we doubt the jurisdiction of the Courts of Admiralty in the Plantations doth not extend to prizes, which however we shall not dispute though we are of opinion that, admitting a competency of jurisdiction there, those Courts should however proceed in the same methods as the Court of Admiralty of England; and that the decrees about inventorying, sale, and distribution of prizes, should be directed to be executed by us or our Agents (whom we have impowered to act in that Island), that we should not be totally excluded, not only from the management, but even from the knowledge of what is done in those Courts, that the Queen's share might be transmitted to our Treasurer for Prizes, and that the Captors' share should be duly and regularly paid them, according to the proportion specified in H.M. Declaration, and in the manner therein prescribed, which is therein required to be done, pursuant to a list transmitted from the Navy Board of the persons actually on board the ship at the time of the capture. Refer to following. Signed, Edw. Brereton, R. Yard, John Anstis, Ant. Duncombe. Annexed,
1423. i. Dec. 31. Our advocates give us the following reasons for their opinion. (1) We did not find that there is any Court legally established in Barbadoes for the condemnation of Prizes by authority from the Lord High Admiral. (2) There is no Act of Parliament now in force that directs the distribution of Prizes; the Queen's Declaration is the only Law (June 1, 1702), and by that one moyety of the proceed of this Prize ought to have been adjudged and distributed to the Queen, and the other moyety to the Captor, whereas the decree at Barbadoes adjudges only one moyety according to the Queen's Declaration; so that either the Queen or the Captor are to go without their just distribution. Signed, J. Cooke, Wm. Oldys, D. Commons. Dec. 31, 1703. The whole 3 pp. Enclosed,
1423. ii. Proceedings of a Court of Admiralty, Jan. 6, 1702, Barbadoes, condemning the Neptune prize and ordering distribution of proceeds, "one moyety to be distributed according to the true intent of H.M. Declaration, and the other as supra No. 1320. Endorsed, Recd. 1st, Read Jan. 3, 1703. Copy. 1p. [C.O. 323, 5. Nos. 33, 33.i., ii.; and (without enclosures) 324, 8. pp. 313–316.]
Dec. 30.
1424.Geo. Collinson (Judge Advocate to Adml. Benbow) to Col. Ed. Lyne. Enclosing following. Addressed. Sealed. ½ p.]
1424. i. Council of War held on board H.M.S. Bredah near Port Royal, March 5, 170½. On news of the French fleet designed to attack this Island, our strength in shipping is so far inferior to theirs (40 sail), that oblidges us to secure H.M. ships and this Island. 'Tis our opinion that our men of war draw into a line of battle as near the Fort of Port Royal as is convenient, and what fireships we have to lie ready in the properest places to let slip as occasion may offer. 'Tis also our opinion that the French will attempt nothing less then Port Royall and Leguanee, of which, if they can make themselves masters, and destroy our ships, nothing in this Island can stand before them, or in any other of H.M. Plantations in the West Indies, and that if we find the French will force themselves into this Harbour, and it appear destructive to us by their overpowering us, 'tis our opinion that we retreat into the Channel that leads to Kingston, there as long as our ships will swim to defend that passage, for Leguanee is the security of this Island, and not Port Royal. Signed, Jno. Benbow, Sam. Vincent, Jno. Constable, Xpher. Fogge, Cooper Wade, Edwd. Acton, W. Russell, Richd. Paule, Jno. Redman, B. Harris, H. Mitchell, Tho. Hudson. Endorsed, Recd. Read Jan. 20, 170¾. Copy. 1½ pp. [C.O. 137, 6. Nos. 32, 32.i.]
Dec. 30.
1425. Lt. Gov. Usher to the Council of Trade and Plantations. Oct. 15 I arrived with H.M. Commission in New Hampshire, finding the Governor then at Boston I went thither and delivered him your letters, when I returned to the Province. Refers to enclosures. Finding several Members refused to attend and sett in Councill, Mr. Jeffrey was summoned to take his place, not finding anything against him but a perticular quarrell, on private accts., and never charged with anything for him to answer, and not dismist in a full Council. If a fault, I throw myself at H.M. feet etc. Mr. Partridge and Capt. Fryer in Council desireing a dismission by advice were dismissed. I find by reason of presents Officers civil and military put in Commission by my Lord Bellomont, wch. persons many are disaffected to Crown Government and are continued in their places by Gov. Dudley, viz., Richard Walderen, Judge Inferior Court, who I find by papers on file deny H.M. subjects justice and right, when a case came before them upon a review the jury return'd, case call'd, jury sworn, plaintiffs' bill read and answer thereto, then adjourned the Court for some days, dismissed ye Jury yt. was sworn, calls another Jury and swares them, and refuses then the Defendant's plea (in point of Law), in his reply to the Bill to be admitted, and orders ye same to be crost out, I humbly think great partiallity and injustice, and many such things guilty off, and he ye onely Person makes ye Govmt. uneasy.
As to ye Province accts. from 1696, I find great summes raised. There was Acts for 1,550l. in Vaughan's time, find but 1,300l. by accts. on file for money paid, if he be in England, judge reasonable he should give security to answer for his accts., many hundred pounds being misaplyed.Nota. A trick of Mr. Walderen, for money pd. Partridge, instead of saying a present to pay for disbursements, when in truth not one penny for disbursements on file do appear, and for allowance of acct. there is an Act of Council and Assembly, when in truth the Assembly has nothing to do but view and examine ye accots. Such ways in wrong aplying of H.M. money hath been carryed on by Partridge and Walderen, to ye prejudice of H.M. Revenue, griefe and oppression of H.M. subjects; 'tis hoped ye moneys misapplyed by Patridge's order under his hand to ye Treasurer's, care may be taken it be repaid and aplyed for defence and support of ye Province. Refers to cotton wool case, and accounts of King's Stores 1696, where, instead of 20bb. of powder mentioned in Vaughan's Articles, there was 70bb. powder besides four taken out by Mr. Hinks and 2 by Mr. Elliott. Hinks and Elliott accountable for 6,170 yds. of canvas, wch. judge no account can be given. As to Hinks, Capt. of ye Fourt, ever since I arrived hath not been at ye Fourt, neither taken care for watching and warding. I therefore did give a Commission to Capt. Walton to be Capt. of the Fourt. I gave a warrant to Hinks to deliver ye Fourt and Stores to Walton, but refused as by return of sd. warrant; reasons for Gov. Dudley continuing Hinks, (1) being a Churchman, (2) first of the Council, (3) Chief Judge, wherein Mr. Allen's case is to be concerned. If ye country be lost thro' ye ignorance and remissness of ye Commander of H.M. Fourt, I think those reasons will not answer to the loss, etc. The Fourt's security is the winter season. I find ye whole country out of order.
The Council and Assembly upon a petition from Capt. Eason, ordered 2bb. powder to be paid. I was much against it, argued wt. was given to ye Queen could not be taken away again. I find a Commonwealth Governmt. they say can give and take away, and declare if be not allowed in England, will repay it, hope Orders will be to repay, though I pay my part; which will be of great service for ye future. I find an Act for 300l. for an Agent (Major Vaughan); the Treasurer by orders from Mr. Partridge hath paid 527l., —judge Partridge accountable. I find ye Garrisons in out towns in a poor weake condition, some but 5 or 6 men, where are above 30 souls, and these men to watch, ward, and labour for subsistance of them, never visetted since 1696. Gov. Dudley hath given me copy of first Instructions and orders with them; desired if he had any other, to lett me have them, said he had none. He did freely offer me to put in new Judges, if I would name them. Answer, my Instructions forbid me. I find Judges such, judge prudence for Mr. Allen wth. patience to sett still. The Acts of Assembly being sent home, hope three or four will not be allowed. (1) An Act for Assemblyman 3s. a day; there being no provision made for Members of Council. (2) An Act [that] Records be in Samll. Penhallow's hands till Major Vaughan returns, by wch. means copies are denied to H.M. subjects, and many torn out and defaced. The Secretary judge ought to have the Records be free for everybody, and itt's the only perquisite to his place. (3, 4, 5) Acts as to trespassing on town commons, to prevent contention about Town bounds, and to prevent trespassers cutting wood down upon lands without a fence; all which made against the Proprietor. I do not find in my Commission any power granted for Assembly to make Acts as to right of soyle; by those Acts the Proprietor hindered from cutting off the uninclosed lands.
I asked the Council whether Capt. Walton was a fit person to be Capt. of H.M. Fort, for wch. Gov. Dudley insists very much as parting wth. ye prerogative; wch. I am far from; reason for so doing, in Oct. 1696 Capt. Walton in Council laid down his Commission as Capt. of ye Fourt, going then for England. Council then declared would have him keep it, none more fit. My Lord Bellomont, when he comes, the Council tells him ye Province is not safe for ye Fourt to be in his hands, thereupon Walton is put out and Hinks put in. Now, many persons complaining of his remissness, I asked the Council as to Walton, they all answered none more fit. I vallew him above any, being loyal and a soldier, proposed only to see wt. they would say. In my letter Dec. 3 signified to Gov. Dudley wn. ye Assembly did sett, if he did see cause, should proroge them, acquainted him ye country was in debt, there was need of souldiers, arms, and ammunition for H.M. Fourt, and that aplycation to the Queen for the same might not be amiss, havein no answer, att time appointed the Assembly did sett, being a very bitter season, finding they would do nothing recommended to them, and though sett some time presented nothing to pass, did dissolve them. Judge Gov. Dudley will complain off; reason, Acquainted the country was in debt 450l., there was absolute need of money for souldiers at H.M. Fourt, and soldiers to be in garrisons, they refused to raise any, in sending to Capt. Hinks for stores of ye Fourt to be delivered to Capt. Walton, one reason he would not deliver ye same because country owned him money, till paid, he would not deliver them. Finding ye Assembly influenced by Walderen, and this Assembly, who was only to have a view and examination of Samuel Penhallow's accots., wherein 867l. disposed off not for service of ye Province and yet allowed by them, that ye poor people groan by ye heavy taxes and misaplying ye Revenue, therefore dissolved them. There is no Major in ye Province. I proposed Major Smith, a loyall man, to have commission for Major, but refused. I find ye Treasuror no commission for his place, reason because the Major, Treasuror and Recorder reserved for Major Vaughan upon his arrival; none put and to be put in office but whom Partridge and Walderen advises.
For security of H.M. Fourt, pray 40 souldiers in ye Queen's pay [and] some powder, arms and ammunition, without wch., if the French make an attack, judge wth. a few men will take the place. When ye Govermt. in 1696 ciezed out of my hands, I was not then related to Mr. Allen, and those men now in place agt. Crown Governmt., but favoured under the notion onely they are agt. Mr. Allen's interest. I must say Partridge and Walderen governs, nothing to be done but what they are for. I find Mr. Partridge in all his time a considerable trader by shiping, none of his vessels to stop at Newcastle, where Customer and Navall Officers are, but go streight up to Portsmouth, and sometimes in two days after make their entrys wth. officers, by wch. means the Queen may be defrauded. I think may be proper that no vessel coming or going out but should stop at Newcastle to enter and clear before permitted to unload or clear out, if any would have the priviledge to unload at Portsmouth, then a waiter to be put aboard and owner pay. I find great dutys upon trade, wch. meets wth. discouragements; there is not one halfe of ye trade yt. was in 1696. There is a great waest of trees for masts, and destroying all growing timber for ye same, and am informed people for 6s. a year for a team permitted (by surviors for H.M.) to cut wt. they please. I find myself for Governmt. in a worse condition then formerly if any thing for H.M. service and good of ye Province, my hands tyed, unless those invested wth. Commissions will consent and perticular Walderen; if some be not made examples, the Govermt. will never be easy. As to my power as Lt. Governor by vertue of Queen's Commission, by Capts. disobeyed, I herewith send copy of my warrant to Capt. of ye Fourt disobeying; high time to have a Governor will assert H.M. prerogative and curb ye antimonarchicall principles and will not be byassed on acct. of money, till then shall not be happy. Signed, John Usher. Enclosed,
1425. i. (a) Lt. Gov. Usher to Governor Dudley. Newcastle, Oct. 26, 1703. When I arrived in New Hampshire, Mr. Partridge with some horse mett me at Hampton, where the Militia was not in armes, judge the Queen's Commission was to the grief of the Capt. Instead of being received with the cerimony as ought to have ben for the Commission, had the cerimony of a funeral posture. At Hampton did take the oath tendered to me by Mr. Partridge and Council; there was five at first; asked if that was all; answered, enough to make a Quorum. I marched to Portsmouth where my reception was no Militia in armes, nor officers to pay their respects. I find the Militia of Hampton and Portsmouth in the hands of disaffected persons to Crown Govt., and disloyal, as Capt. Dow and Capt. Pickerin, who did appear so to be before Lords of Trade on hearing Vaughan's articles against me; if Militia be in their hands, I expect my person to be ciezed. I gave notice to the Capt. of H.M. Fourt on the 22nd inst. I should come to visit it. I found it in a ruinous condition, and no souldiers but two old persons, which was surprizing. I ordered the Capt. to order the Militia to be in arms and himself to be there, which he refused. As to the Militia, I examined the armes of every person myself, and found not one halfe fitt for service. The Capt. ever since 1696 never called the Militia to exercise himself, though had the King's and Queen's pay etc. I find orders for men for H.M. Fourt from yourself, but great neglect and partiallity in Mr. Partridge, some pressed from Hampton and Exeter, none from Dover and Portsmouth, the securest and best able to send men; I find no wood, no candles for H.M. Fourt. Being informed Mr. Walderen had a Commission for Major, I sent for him, when he came understood he refused it, till he heard of his father Vaughan's arrival. Find the whole Province out of order and in a weak condition, nothing but a private interest carried on. Quotes part of his Commission. I have demanded a copy of your Excellency's Instructions from Mr. Partridge; he hath given me some papers as Instructions, part but not all, and not signed by your Excellency as a true coppy, I hope you will send me a true copy. I find the Sherrif a person ill affected to H.M. Government, lame, not able to do any service, refuses to appoint a Deputy, and neither him nor his Deputy did do their duty in attendance upon my comeing into the Province, but could that day serve an execution. I informe your Excellency hereof, that I may forthwith have a Sherif by you apointed, else H.M. interest must suffer. I desire for H.M. Fourt you would send me a Commission for Mr. Atkinson to be Capt. Lt. to take care of it, a blank Commission for Major Smith as Major, another blank Commission to put in the room of Pickerin, or else I must do it by virtue of my Commission, unless you give orders to the contrary. I want the Instructions as to the accounts of the Revenue, also delivering the Records into the hands of the Secretary, the which orders of the Lords is not done. I will take care they be put in execution. I find a minitt Mr. Penhallow's accots. allowed, and in ye same minitt expressed to produce his vouchers. I have great complaints of moneys raised in ye Province, and no acct. of perticulars how, for H.M. service in due time I shall inquire into, for you well know at Whitehall there will be no accots. allowed, but what has an accot, of perticulars etc.
(b) Same to same. Newcastle, Oct. 28, 1703. Repeats matters set out elsewhere. Desires orders to fill vacancies in Council. There is great need of field officers, therefore offer Col. Packer and Major Smith for Lt. Coll. and Major. Please to send them Commissions, otherwise shall give them, unless you forbid. I am sorry H.M. hath a Government surrounded with a publick enimy, and in all transactions no notice taken of this H.M. Government, but if at any time informed, must expect by transient discourse, which ought to be otherwise from your officers.
(c) Governor Dudley to Lt. Gov. Usher. Boston, Oct. 28, 1703. The copy of Instructions Mr. Partridge gave you are such as I gave him. You mistake to think my Instructions are in any other form. Some I thought not needful, but at your desire they shall every one be sent you. Referring to the Fourt, there is 500l. raised for the bettering of it, and Col. Romer is with you for that end, and the want of armes and stores I have often notified home, and have hopes of a supply, and desire your advice and assistance, if there be any other way to obtain them in the meanwhile. I cannot suppose it best while Capt. Dow is of the Council to dismiss him, he being a Capt., but he may be made to lay down, and Pickerin being Speaker and very foreward in granting ye 500l. for the Castle, I am slow in it, and you have ben in the Province but 2 or 3 days, it may admitt of a little leisure. I think as well of Major Smith as yourself, and have given his name home to be brought into the Council, which when it returns (as I doubt not) will be the fittest time for what you mention. In the meantime Major General Povey shall not be wanting whenever there is need. Capt. Hinks has been there many years and severall times President of ye Councill, of the Church of England, and I am now first to be told of any neglect of his duty to the Crown, and while he is of the Council, it will be hard to remove him from the Castle, but if it be to be done, here is Walton, who hath served there faithfully long ago, and now has served the Queen in conducting a Company of Volunteers to Jamaica, has the first claim with me, but I shall do nothing in it till I hear again from you. Refers to orders about Revenue accounts. I desire you to put forward the accounts from 1695 to 1700, when suppose Mr. Penhallow's begins, and let there be an Order next Council to require in a short time every Treasurer to make up his acct., and transmit them to me, and there will open ye imbezlement you speak off. When there are so few persons fit for publick bussness, we must drive as we can. I had last year some directions about the Records, and something was done in Council thereabouts; what you judge meet to be done therein must be with the advice of the Council and agreable to the Law of the Province, if there be any referring thereto.
(d) Lt. Gov. Usher to Gov. Dudley. Newcastle, Nov. 1, 1703. My Commission directs me to act by the Instructions, and how to act regularly without them, know not. Repeats statements about the Fort and Capt. Hinks, etc., etc. As to the Assembly, should have been glad you had explained yourself whether to permit them to set sometime and then to proroge them, or to proroge them at first meeting.
(e) Same to same. Portsmouth, Nov. 23, 1703. When at Boston gave acct. of my granting a Commission to Capt. Walton to be Capt. of H.M. Fourt, and a warrant to receive the stores and fort, etc. etc.
(f) Governor Dudley to Lt. Gov. Usher. Roxbury, Nov. 28. Am very sorry there is any misunderstanding between yourself and Capt. Hinks, who has been many years first of the Council and Chief Justice of ye Superior Court, from whence my Instructions will not allow me to remove him but upon a hearing in Council, etc., and the great affair of the Proprietors being therefore necessarily to come before him, I have not thought it prudence to deale harshly with him; however, I shall hear both parties before I give my opinion, but think if you had suspended him, it had been much better, and I must tell you it was a mistake to interest the Council in any Military matters, or to make a minitt of it there, because absolutely refers to the military part in which the Council as such have no interest that I at present know off. I expect to sign all Commissions in that Province myself, while I am so near that 24 hours will fetch my answer, least there be a quarrel between officers of 2 sorts etc. etc. You writ of a cestion of the Assembly before the ships go, if possible I will see the Assembly when they set; however if you will communicate what you would have there dispatched, you shall not want my advice etc. I have directed the Commander in Chief of the Forces in the Province of Maine to give an acct. of any approach of the enimy, and desire you would use Hilton, Davis or Gilman to march 50 men into the woods for 10 days according to late Act. I am fearful the volunteers when they please will expect to disband and break in upon the right of the Government how to use them when wee please. Here has been a great noise of volunteers in these parts, but are not least benefit, and the souldiers must know wee can march them when we please without the word volunteers writt upon them, etc.
(g) Lt. Gov. Usher to Governor Dudley. Newcastle, Dec. 3. As to misunderstanding between Mr. Hinks and myself, I know of none (salveing that of the Fourtt); in granting a Commission to Capt. Walton (not done to infringe any powers invested in yourself as C. in C.), it was for the security of H.M. Fourt. Shall observe your Orders to grant no Commissions in your absence. As to interesting the Council in the Militia, shall not, but to ask of them the Character of a person etc. As to ordering the Militia, Pickerin I order 10 men of his Company to march to visit the Garrisons, he ordered but 4, sent to another Capt. for six, thus I am played upon; shall sett still rather than occasion disturbances. In vissetting the Province, I find Oyster River in a bad condition, people not in garrison, Capt. Woodman justifying the same. I hope the Major General will spedily redress things. As to Capts. in the Province, I know them but by hearsay, for they have not come to me excepting two since ben here. I find the Queen's Commission as Lt. Governor insignificant, etc.
(h) Governor Dudley to Lt. Governor Usher. Roxbury Dec. 12. Nothing will please me more than a right understanding between yourself and Mr. Hinks, etc. I think it proper that you direct the several Capts. to attend you at the bank some proper day, when they may take directions from you, and I think one necessary one to have Dover and Oyster River immediately strictly in Garrison, having ben formerly insulted; if I know anybody that laboured to make your Commission insignificant, they should signify nothing with me, but that I may do as you desire, you will please to make mine signify what it ought, and then yours shall signify everything. I shall take notice of the rudeness of the post, though truely neither this Province nor New Hampshire hath done their duty to support that charge. I pray you to encourage the bussness of Volunteers, but not to neglect the Act of a party from time to time, etc. I desire the Assembly may be proroged for a month, and untill I may hope to see them, I will not have them dissolved; what is done, I desire to see by every post, and in a great occasion by express, that I may advize, etc.
(i) Lt. Gov. Usher to Governor Dudley. Newcastle, Dec. 17. Upon your motion, shall send for the officers. As to the post, judge can't take money for letters without consent of authority. Letters for H.M. service not taken care off judge punishable. In mine Dec. 3, signified if you did see cause, should proroge them. I received a line from Mr. Addington, Dec. 6, when Assembly sett, communicated same to them, but in it not a word about the Assembly. For good reasons did dissolve them; had I known your mind, they should not. As for volunteers, shall promote your desire. I think a Commission for a Major would not have been amiss. I recommended none but what true to Crown Government, though some others may make a specious pretence, for I well know most persons in the Province. I think a Major General or Major very proper to put a C. in C.'s Orders in execution, and a Major proper where 800 souldiers are, but that as you please. Whatever my Commission be insignificant, I will not countenance any one day that shall attempt to make yours. Am surprized at Assembly's [? of Massachusetts] vote, think they mist it much the same sperritt here in all things unless what's done must have their sanction, hope in time things will be redrest. As to Council, shall be called, but question whether shall have a Quorum, for Mr. Hinks hath refused ever since I did return to attend in Council, tho' sent to; shall avoid contending, having once already the Government ciezed out of my hands, shall not part with anything of the Queen's prerogative. I am sorry a misapprehension of my interfering on your Commission, it's far from me etc. I granted those which I gave acct. You having signified your pleasure therein, shall be followed, etc. Signed, Jno. Usher. Endorsed, Recd. April 29, Read May 2, 1704. 7 closely written pp.
1425. ii. Mr. Usher's Account of the present state of the Government of New England. The Indian War laying heavy upon Massachusetts and N. Hampshire, Connecticott and Road Island grants no assistance, by reason of which the Enimy is flusht, annoys without opposition, and in case H.M. doth not make us one Government as well as subjects, we are not safe, and fear the Country will be lost. As to ye humour of ye people in generall, will not be governed by one born amongst themselves, and is for Crown Government and not Common Wealth. There is such discords I fear ye saying will come to pass, a house divided cant stand. The General Assembly at Boston suddenly proroged, at same time left a noate to have ye soldiers disbanded, if anything offered by Col. Dudley, though for safety and good of ye place, coming from him will be opposed, the Government divided and in a bleeding and languishing condition, may well have the motto, Come over and help us. If the Government from Connecticutt to the Eastward (as in Sir E. Andros' time) be under one Governmt., may be well, and lett but ye Tax in Sir E. Andros' time, for 1d. on the 1l. yearly with dutys and excise be ordered, that will be enough to pay the Governor, Officers and incident charges, and lay money in Treasury; unless be war time as may be seen by my accts. when Treasurer. Nota. The Acts of 1d. in ye £ yearly and dutys of impost and excise was made by Boston Government without linmitation as to time before Sir E. Andros did arrive, the said Acts continued by him, the same justifiable under ye hands of ye Attorney General and Solicitor General. When ye Government was by Boston people ciezed out of Sir E. Andros' hands, they writ to the King they ciezed for him, and should only keep the peace till his pleasure known, so from 1689 to 1692 had nothing to do to make Laws, raise money and press men to march out of ye Government, and now ye Enimy in ye Government, they refuse to defend out parts, and engage ye enimy. One year more of such proceedings will certainly loose the country. The Country for setting up Common Wealth Governmt., high time to curb it; when they had ye Governmt. in 1689 to 1692 ye expedition to Canada stood in 100,000l. Province New Hampshire I did find in a poor condition, the Fourt out [of] repaire, not one gun could be fired to hitt a ship. There is need of a Company of souldiers at ye Fourt, without which it is not safe. There is need of 50bb. powder, 100 small arms and ammunition, and also need of a gunner, which I humbly pray H.M. to grant. I find great sums of money raised since 1696 etc. Repeats former criticisms. "Partridge and Walderen a noli me tangere. . . . Soldiers pressed by Partridge to secure Portsmouth and his own person, and H.M. Fourt neglected, etc. My Lord Bellomont gave Commission to Robert Armstrong for Naval Officer; Wm. Partridge takes away his Commission, gives the place to Sampson Sheafe; finding him not for his turn, takes it away, gives it to Theodore Atkinson, a great trader in shiping and not sworn. When I arrived in New Hampshire as John Usher had great respect, but when came into the Province to publish the Queen's Commission, the contrary, etc. Repeats part of preceding. Endorsed as preceding. 1½ closely written pp.
1425. iii. Copy of Mr. Attorney and Solicitor General's Opinion, Dec. 2, 1689, relating to warrants issued for raising money by Mr. Usher, Receiver General of New England in 1686. Endorsed as preceding. 2½ pp.
1425. iv. Minutes of Council in Assembly of New Hampshire, July 13, 1696, Newcastle. The L.G., having laid before the Assembly the methods he had taken for securitye of the Province, demanded to know what irregular method he had taken. Answered, they knew of none, but what was for the good of the place. He demanded of both Houses if he had taken any wrong methods or ill conduct. Answered, Noe. Endorsed as preceding. 1p.
1425. v. Minutes of Council of New Hampshire, Hampton, Sept. 24, 1696. Capt. Walton demanded of the Council, whether it was their pleasure he should leave the Fort. Answered, Noe, they thought noe person fitter in the Province. Subscribed, Note by Mr. Usher pointing out the inconsistency of the Council's behaviour. 1p.
1425. vi. Minutes of Council of New Hampshire, Newcastle, Sept. 29, 1696. The Board confirmed above opinion. Capt. Walton desiring to know whether he was fit to serve H.M. in the station of a J.P., Answered, Yes. ¾ p.
1425. vii. Extract from Minutes of Council of New Hampshire, Nov. 4, 1703. relating to Capt. Hinkes. See under date, ¾ p.
1425. viii. (a) Shadrach Walton to [Lt. Gov. Usher], Newcastle, Nov. 20, 1703. According to your warrant, I demanded the Fort and Stores of Mr. Hinks; his answer was that himself was Commander in Chief in your Honour's absence, and that he had his Commission from H.E., and till he had a warrant from him, he should not deliver. Also, that the Province owed him a great deal of money, and he would keep the stores until he could be told how to come by his money. He receives the 3s. which belongeth to the Governor and signs the passes as President. Copy. ½p.
(b) John Hornabrook to [? Lt. Gov. Usher]. On Aug. 10 the French and Indians brook the peace and fell upon severall places at once, viz., Cascow, Blackpoint, Cape Elizabeth, Perpudook, Saucoa, Winter Harbour and Wells; destroyed all the Cattle and all the Inhabitants they could ketch in their owne houses. At Purpudock they ript up one Goody Webber that was big with child, and laid her child to her breast, and so left her. At Sparwink River they Knockt one Jordan's sucking child's brains out agt. a tree. The Father of said child seeing the Indians approach went in a frindly manner to meet them, thinking of no danger, and shook hands with them, and as he was so doing they knockt out his brains and scalp'd him, and took several families and carryed them away captives; they killed abundance of cattle and left them untouched. There was above 1,500 bushels of Indian corn, besides other grain, standing in the fields E. of Wells, which the Indians took possession of, nobody venturing to destroy it or take it away. There is quite contrary methods now taken then was in Sir E. Andros' time, who took ye most effectual way to destroy them and root out ye very memory of them from ye Eastward. In Sept. there was 19 men killed at Blackpoint about ¼ mile from the Garrison, Capt. Willard being then in the garrison by order of ye Governor, who as soon as ye men were killed, he run out of ye Fourt wth. all his men aboard a sloop, and left but 8 men behind, wch. belonged to said Garrison, who were forced to desart ye Fort. The men killed are to this day left unburied. J.H. was an eyewitness to most of these transactions. Copy. ¾ p. The whole endorsed as preceding.
1425. ix. Account of H.M. Stores in Fort William and Mary, Sept., 1696. Copy. Endorsed, Recd. April 29, 1704. 1p.
1425. x. Account of Money issued out of H.M. Revenue since 1698 by order of Lt. Gov. Partridge. Total, 2,552l. 19s. 6d. Same endorsement. 1p. [C.O. 5, 863. Nos. 70, 70.i.–x.; and (without enclosures) 5, 911. pp. 260–273.]
Dec. 30.
1426. Minutes of Council of the Massachusetts Bay. Draught of a Commission to Major General Thomas Povey etc. for holding Court Martials pursuant to the Act for punishing soldiers approved.
4l. 10s. paid to Col. John Wainwright for subsisting 40 souldiers in their march to Piscataqua in Aug.
3l. 15s. paid to William Lakeman for hire of his shallop etc.
Dec. 31. 206l. 5s. 6d. paid on account of wages etc. of the Foot company under Capt. Thomas Harvey.
83l. 6s. paid to Capt. Benjamin Willard and his foot company.
78l. 2s. 7d. paid to Lieut. Thomas Fiske and his foot company.
8l. 14s. 7d. paid to Capt. Simon Willard and his foot company, Sept. 26—Oct. 16.
12l. 12s. 10d. paid to the same, Oct. 14—Nov. 9. [C.O. 5, 789. pp. 556–559.]
Dec. 31.
1427. Journal of Council of Trade and Plantations. Letter from Lt. Gov. Usher, Nov. 1, read.
Mr. Bridger desired their Lordships to take into consideration ye Order of Council, Dec. 9, relating to his accounts; whereupon the same was read; and their Lordships observed to him that the papers thereunto annexed are imperfect, in that there is no account of the money he has received, so that it is impossible to state or ballance them. He promised to lay a more perfect account before the Board.
Letter from Lord Nottingham, Dec. 27, read.
Petition etc. of Mr. Baber read. Resolved that the same be more particularly considered at a full Board. [C.O. 391, 16. pp. 341, 342; and 391, 97. pp. 817, 818.]
[? 1703.] 1428. Some proposals for the settling Jamaica, easing the Crown of the future charge of sending standing forces, and the increasing H.M. Customs, and encouraging Navigation and Trade. H. M. to authorize some fit person to raise 2 or 3,000 Scotchmen, to have free passages and 3,000l. amongst them on arrival, and to be settled on some 50,000 acres between the N.E. side of Rio Grandy and the S.E. side of Port Morant; each man to have 7 or 8 acres allotted him and 10 or 20l. etc. etc.
The gross produce of one hhd. of sugar in London (1703) is 25l.; Custom, freight, and other constant charges, 4l. Remains to the planter or importer, 21l. etc. No date or signature. 2 closely written pp. [C.O. 137, 45. No. 59.]
[? 1703.] 1429. Peter Sonmans to the Earl of Nottingham. Mr. Basse, by his indiscreet and unhandsome behaviour when last in ye said Province so disobliged and disgusted many of the inhabitants that his appearing under any Commission will revive and increase the disorders etc. etc. Prays that the warrant by which he was appointed Secretary of New Jersey may be withdrawn and assigned to him. No date. [C.O. 5, 980. No. 32.]
[? 1703.] 1430.Jeremiah Basse to the Earl of Nottingham. Sonmans promised to supply the money to pass his patent for Secretary of New Jersey, but instead went underhand to intercept his place and patent. Prays the liberty of passing the patent, or he and his family will be utterly ruined and undone. 1 p. [C.O. 5, 980. No. 33. No date.]
1431. Abstract of Grants of Lands, New York. [C.O. 5, 1134. p. 74.]
1432. List of Grants of Lands, with quit rents, in South Carolina. [C.O. 5, 398. pp. 18–20.]
1433. Copies of Governors' Instructions issued in 1703 and calendared under dates. [C.O. 5, 188.]
1434. Acts of Antigua. [C.O. 8, 3. pp. 144ff; and 8, 1. pp. 189ff.]
1435. Acts of Barbados. Printed. [C.O. 30, 4. pp. 204ff; and 30, 1. pp. 157ff; and 30, 3. pp. 374; and (MS.) 30, 6.]
1436.List of Acts of Barbados, Jamaica, Bermuda. [C.O. 5, 274.]
1437. Acts of Bermuda. Printed. [C.O. 39, 2. pp. 65ff; and (MS.) 39, 4.]
1438. Acts of South Carolina. Printed. [C.O. 5, 411. pp. 91ff.]
1439. Acts of Jamaica. Printed. [C.O. 139, 8. pp. 95ff; and (MS.) 139, 9.]
1440. Acts of the Leeward Islands. [C.O. 154, 6. Passim.]
1441. Acts of Maryland. Printed. [C.O. 5, 730.]
1442. Acts of the Massachusetts Bay, 1703. Printed. [C.O. 5, 772. pp. 221–226; and 5, 773. pp. 143ff.]
1443. Acts of Nevis. [C.O. 185, 3. pp. 42ff.]
1444. Acts of New Hampshire. Printed. [C.O. 5, 951. pp. 5ff.]
1445. Acts of New Jersey. Printed. [C.O. 5, 1005. pp. 1, 2; and 5, 1004.]
1446. Acts of New York. Printed. [C.O. 5, 1143. pp. 56ff; and 5, 1145, 1146; 5, 1144. pp. 63ff.]
1447. Acts of Virginia. Printed. [C.O. 5, 1380, 1381, 1382.]
1703ff. 1448. MS. Index of B. T. documents relating to the Leeward Islands [C.O. 326, 42]; Newfoundland [C.O. 326, 45]; to Miscellanies (1696ff) [C.O. 326, 5.i.]; Hudson's Bay (1696ff) [C.O. 326, 38]; New Jersey (1702ff) [C.O. 326, 25]; Proprieties [C.O. 326, 30]; Bermuda [C.O. 326, 36]; Barbados [C.O. 326, 34]; New York [C.O. 326, 27]; New England [C.O. 326, 21].
[1700–1706.] 1449.Copies of warrants and commissions. [C.O. 324, 28.]
1450. Copies of grants, warrants, commissions etc. [C.O. 324, 29.]
[1699ff.] 1451. Index to letters and Representations of the Board of Trade. [C.O. 326, 2; and 326, 3.]