|
1704.
Jan. 3.
Boston. |
1. Governor Dudley to Mr. Popple. Enclosing, An Act of
New Hampshire for the supply of forces, Minutes of the Assembly
and Council, etc. Signed, J. Dudley. Endorsed, Recd. April 29,
Read May 2, 1704. Holograph. 1 p. Enclosed, |
|
1. i. List of fines and forfeitures in New Hampshire, Dec. 1695—Dec. 1702. Same endorsement. 3 pp. |
|
1. ii. List of Causes tried at the Inferior Court of Common
Pleas holden at Portsmouth, New Hampshire, June, 1702.
Same endorsement. 3 pp. |
|
1. iii. List of Causes entered at the Superior Court of New
Hampshire, at Portsmouth, Feb. 1700/1. Same endorsement. 6 pp. |
|
1. iv. List of Causes entered in H.M. Court of Admiralty in
the Massachusetts Bay, from Aug. 20 to Dec. 1703.
Signed, Tho. Newton, Dep. Jud. Same endorsement.
1 p. [C.O. 5, 863. Nos. 71. 71.i.–iv.; and (without
enclosures) 5, 911. pp. 251–253.] |
Jan. 4.
London. |
2. Capt. Richards to Mr. Popple. I am ordered to Holland
with my Lord Duke of Marlborow. I can't help giving my opinion,
that if the inhabitants are not obliged to rendezvous at St. John's
and put under direction of the officers, the enemy may improve
the opportunity to dispossess us of those works etc. Signed,
M. Richards. Endorsed, Recd. Jan. 7, Read March 15, 170¾.
Addressed. Sealed. 1 p. Enclosed, |
|
2. i. Capt. Richards to the Council of Trade and Plantations.
According to your Lordships' request, I offer these few
heads, that such orders as shall be thought fitt may be
given so as to oppose any undertaking of the enemy's,
particularly in absence of the Convoys, at which time
should they be assisted with a few hundreds from New
France, the want of the inhabitants' assistance to so
small a garrison may be the loss of the Settlement, such
small works having frequently been carry'd sword in
hand, in which they may be also favour'd by the snow.
In consideration the French have 3 Companys of 50 men
each, etc., and doe oblige the people from the out harbours
to winter with them at Placentia, and therefore render
themselvs formidable, it may be taken into consideration,
whether the Company and Officers at St. Johns be
sufficient, having severall places to occupy to the seaward,
besides ye Fort, notwithstanding which, great part of
the inhabitants both northward and southward can't
be persuaded to joyn with them, the officers wanting
sufficient authority to oblige them. The inhabitants'
houses even at St. Johns are subject to surprize, by
reason that no one work can secure the whole, their
dwellings being straggling and scituation difficult. That
at least may be said of other harbours proposed to be
fortifyed, so that the effect can't be extraordinary,
though the expence may. But if St. Johns be made
the generall place of rendezvous during the warr, the
inhabitants might build store houses under the cannon
of the Fort and pallisade them in, the better to secure
them against a surprize. As the New England people
do continue carrying off such number of passengers,
so much to the prejudice of the private and publick
interest, some effectuall means should be found to
prevent ye same. As many of the soldiers have deserted,
and are very disorderly, pretending they ought to be
releived, it will be absolutely necessary to exchange
more or less of them, and for the better maintaining of
order and discipline, that there be power given to the
Commander in Cheif, to try deserters and other capital
criminals. The provisions should include as much
flower and oatmeal as the allowance will afford; as
the miscarriages of provisions may be the last ill
consequence to such a garrison, it would be very proper
to send by the first ships, and to have half a year's
beforehand. What remains for the artificers to do at
St. Johns, will be compleated next summer, except
what relates to the booming the chain. But as for the
removing the earth in and about the Fort and works,
it must be done by the inhabitants before and after
fishing, which they did, and the better sort was willing
to comply, knowing how much it concerns them. For
the better performance of all orders, that the Commander
in Cheif may in person visitt and make survey of the
works, both at his arrivall and departure, particularly
to secure the wharfe of the south redoubt, its plattformes
etc., the whole to be caulked and tarred etc. In absence
of the Commander in Cheif of the Convoy, orders [to]
be left with the commanding officer on shore for the
time being. If an Engineer be continued for some time
or during the warr, that he may be ordered to visitt
the Harbours proposed to be fortifyed, and make the
survey of the same. Signed, M. Richards. London,
Jan. 3, 1703(4). 3 pp. [C.O. 194, 3. Nos. 11, 11.i.;
and 195, 3. pp. 266–270.] |
Jan. 4.
Boston. |
3. Col. Romer to the Council of Trade and Plantations.
Little progress has been made with the fortifications of Pemaquid
and Piscataqua River. H.M. will only be able to depend on
the fortifications she orders if she grants very considerable
assistance towards them. Desires leave to return to England
to recover his health and not to be sent to Barbados first. The
Castle [at Boston] being almost finished, I propose to put an
inscription over the gate, for which I beg your Lordships'
approbation. Signed, Wolfgang Romer. Endorsed, Recd. Read
May 18, 1704. French. 2 pp. Enclosed, |
|
3. i. Inscription proposed above. Anno Decimo tertio Regni
Gulielmi tertii Mag. Brit. Fr. et Hib. Regis Invictissimi
hoc Munimentum (ex ejus nomine Wilhelmi Castellum
nuncupatum) fuit inceptum; Annoy Secundo Regni
Annæ Mag. Brit. Fr. et Hib. Reginæ Serenissimæ
perfectum. Annoy Domini MDCCIII. A tribuno W. W.
Romero etc. constructum. 1 p. [C.O. 5, 863. Nos. 72,
72.i.; and 5, 911. pp. 298–302.] |
Jan. 4.
Whitehall. |
4. W. Popple to Sir Edward Northey. Enclosing Order of
Councill Dec. 23, etc. The Council of Trade and Plantations
desire your opinion whether H.M. be intituled to the 4½ p.c. or
any other duty in that part of St. Christophers. I inclose copy
of a clause in Col. Codrington's Commission relating to lands.
It does not appear to this Board how far he has exercised that
power in respect to the French part of [? that] Island. Your
answer is desired with speed, for that a Commission and
Instructions are preparing for a new Governor. [C.O. 153, 8.
pp. 231, 232.] |
Jan. 4.
Whitehall. |
5. W. Popple to Mr. Borret. The Council of Trade and
Plantations desire you to attend Mr. Attorney General with the
[above] letter and to procure his answer with what speed you can.
[C.O. 153, 8. p. 232.] |
| [Jan. 4.] |
6. Nicholas Hallam to the Council of Trade and Plantations.
Refers to Memorial of Dec. 3 on behalf of Mohegan Indians, and
begs for speedy Representation thereon, so that effectual orders
for their relief may be sent by some ships allready at Graves End.
Some small presents from H.M. to the Sachem Owaneko etc.
would be esteemed as an earnest of H.M. favour etc. Signed,
N. Hallam. Endorsed, Recd. Read Jan. 4, 1703(4). 3 pp.
[C.O. 5, 1262. No. 61; and 5, 1290. pp. 404–407.] |
Jan. 5.
Whitehall. |
7. Council of Trade and Plantations to the Queen. Laying
before H.M. the draught of a Commission for Col. William Mathew
to be Governor of the Leeward Carribbee Islands etc. [C.O. 153, 8.
p. 233.] |
Jan. 7.
Whitehall. |
8. W. Popple to Josiah Burchet. The Council of Trade and
Plantations desire to know what directions H.R.H. has given upon
their Report relating to convoys. [C.O. 324, 8. p. 317.] |
Jan. 7.
St. James's. |
9. Order of Queen in Council. Col. Mathew's Commission
[Jan. 5] to be prepared for H.M. signature. Signed, John Povey.
Endorsed, Recd. Read Jan. 13, 170¾. ¾ p. [C.O. 152, 5. No. 43;
and 153, 8. p. 234.] |
| [Jan. 7.] |
10. Copy of Order of Council, Dec. 10. 1696, relating to
allowances for Commissioners sent to survey Naval Stores in
N. England. Signed, W. Bridgman. Endorsed, Recd. 7th, Read
Jan. 13, 170¾. 1 p. [C.O. 5, 863. No. 73.] |
| Jan. 8. |
11. Affidavit of Nicholas Hallam [Cf. Dec. 3, 1703]. Three
or four years ago the General Assembly of Connecticut Colony
granted liberty for a township called Colchester, and some time
the last spring this deponent was desired by Capt. Samuel Mason
on behalf of the Mohegan Indians to assist in running the line
between New London North bounds, and the Indian lands called
Mohegan Lands belonging to the Mohegan Indians; but this
deponent and those who were employed to run the line could
not agree in running the same by reason of variation in the compass
which was best part of a point. This deponent went with some
of the Mohegan Indians down to Norwitch River where the said
Indians shewed him a rock in the said River, saying that was
the bounds between New London and them. When he came to
the said river. (it being a cold snowey day) he met about fifty
or threescore Mohegan Indians, men, women and children in a
very poor and naked condition, many of them crying lamentably,
whereupon he asked them the reason of their being in that
condition, who told him the Governor had been up there that
day and had drove them from their planting land which they
had enjoyed ever since the English came into the country, and
that they were not willing to leave the English unless they were
forced to it. In May last, being present in the said General
Assembly at Hartford, he saw several of the cheif of the Mohegan
Indians there, who said they came to see if they could get their
lands again. Deponent then heard Capt. Daniel Clark, who is
one of the patentees named in Connecticut Charter, declare
publickly on behalf of the said Indians that they were wronged,
and that the said Indian lands had been taken from them contrary
to agreement between the Government of Connecticut Colony
and the said Indians, notwithstanding which the said General
Assembly enlarged New London bounds and ran the same to
Norwitch bounds, which takes in all the lands commonly called
the Mohegan Feild, and this deponent has been very credibly
informed that the abovesaid land granted to Colchester and the
land called the Mohegan Land or Feild is all the land the said
Indians reserved for themselves for hunting and planting, and
that John Prentis, the Surveyor, has laid out of that very land
for the Governour, Minister and some others to the number of
1,600 or 1,800 acres, and made a return thereof, and that the
same is recorded. Deponent has heard Ben Unkas, one of the
Mohegan Indian Sachems, say the Governor had wronged him,
and taken his land from him, and that if he the said Sachem
had money he would go for England and make his complaint,
and that there are several English famillies live upon part of the
said Mohegan Lands, who never bought or paid for the said
land, as some of the said Indians has told and informed this
deponent. Signed, Nicholas Hallam. Endorsed, Recd. 8th, Read
Jan. 12, 1703. 1 p. [C.O. 5, 1262. No. 63; and 5, 1290.
pp. 408–411.] |
Jan. 8.
Treasury Chambers. |
12. Wm. Lowndes to Mr. Popple. Encloses following, which his
Lordship desires you to lay before the said Council of Trade and
Plantations to the end they may please to transmit to his Lordship
the instances of fact, where any goods have been carryed from H.M.
Plantations to the Dutch, and the commodities of the growth of
Europe suffered to be brought to the said Plantations in exchange
from the Dutch contrary to the Acts of Trade. Signed, W.
Lowndes. Endorsed, Recd. Read Jan. 11, 170¾. Addressed.
Sealed. ¾ p. Enclosed, |
|
12. i. Commissioners of Customs to the Lord High Treasurer.
Quote Representation of Council of Trade, Oct. 29, 1703.
Pursuant to the laws of this kingdome, we have given
repeated instructions to the Governours and Officers
in all H.M. Plantations, that they permit none of the
enumerated Plantation commodities to be laden or put
on board any ship or vessell, until bond be given with
sufficient sureties to carry the same to England, Wales
or Berwick, or some other of H.M. Plantations, and
that no goods or commodities of the growth, production,
or manufacture of Europe (but such as are by law excepted) be imported into any of the said Plantations,
but what shall be shipt and laden in some port or place
of this kingdome, and in ships duly qualifyed both as
to built, property and navigation. And if the Council
of Trade and Plantations will give us the instances of
fact before them where any goods have been carryed
from H.M. Plantations to the Dutch, and the
commodities of the growth of Europe suffered to be
brought to the said Plantations in exchange from the
Dutch, contrary to the Acts of Trade, wee shall from
thence be enabled to ground a charge against the officers
whose duty it was to have prevented the same, and to
give such fresh orders and instructions as may be
effectual for exciting them all to greater diligence in
putting the laws in execution. 1½ pp. [C.O. 323, 5.
Nos. 33, 33.i.; and 324, 8. pp. 318–321.] |
| Jan. 10. |
13. Sir Henry Ashhurst to the Council of Trade and Plantations. In reply to letter of Jan. 4. The Goverment of
Connecticott could not have the least notice of Hallam's complaints
and therefore it is impossible I should make any answer from
them. I hope you will not creditt the report without further
information, since it is made by one who hath lately given the
Government a great deal of trouble in bringing an Appeal to
make void a will which hath been acquiesced in 14 years, and
is confirmed but a few days ago by the Lords of the Council. It
is believed there is as little ground for this complaint, and that
it is not a complaint of the Indians any otherwise then encouraged
by some English there upon some ill designe, etc. Signed, Hen.
Ashhurst. Endorsed, Recd. Jan. 12, 170¾. Holograph. 1¼ pp.
[C.O. 5, 1262. No. 62.] |
Jan. 11.
Whitehall. |
14. Council of Trade and Plantations to the Lord High
Treasurer. Having on Oct. 29 transmitted an account of the
incidental charges of this office, we lay before your Lordship
a further account to Christmas amounting to 147l. 15s. 8d.
Annexed, |
|
14. i. Account referred to. Examined by the Board. [C.O.
389, 36. pp. 167, 168.] |
Jan. 11.
Whitehall. |
15. Council of Trade and Plantations to the Lord High
Treasurer. Recommend the petition of the Clerks of the Office
[Cal. 1703, No. 1404] to be exempted from taxes. To have such
large deductions made from their small salaries makes it difficult for
us to find Clerks capable of the service. Propose that the taxes
be placed to the account of incidents as they become due. (The
salaries vary from W. Popple 100l.—taxes 12l. 10s., to Mary
Wright, necessary woman, 30l., taxes 3l. 15s.) [C.O. 389, 36.
pp. 169, 170.] |
Jan. 11.
Bermuda. |
16. Lt. Governor Bennett to the Council of Trade and
Plantations. Acknowledges letter of July 28 and duplicates.
Refers to his of Aug. 9. In answer to yours of June 18, 1703,
all care shall be taken to word our Acts accordingly. As for
the Liquor Act passed in Col. Day's time, I have now transmitted
a copy of it under the Seal of the Island, as it stands on Record,
but when I enquired for that which is called the originall Act,
it could not be found, nor any Journals nor Minutes relating to
the same, upon which the Assembly addrest me, that I would
allow them to prepare interrogatories by which the Members of
the Assembly, that were soe att the time of makeing that Act,
might be sworn and examin'd to, for the doing whereof I ordered
a Commission to be directed to three of the Councill to take
their Depositions, copies of which are annexed to the Act now
sent. I strictly examined Mr. Minors, the Secretary, about the
word original being struck out, and the word Record interlin'd
in the copy of that Act transmitted to Col. Day, but he affirms
he remembers nothing of it. I beg your Lordships' pardon for
being so forward in believing the assertions of the Assembly in
the Preamble of that Liquor Act passed by me, but I did not
imagine that they could be wanting in proving what they so
possitively affirm'd, and was seconded by most of the now Council,
and besides that Act was brought me when a ship was seen off
and bound in from the Maderas loaden with wine, which was
another reason that I had not time to search so nicely into matters,
for she paid considerably towards the support of the Govermt.
I should be glad to hear that it were your Lordships' opinions that
the Act passed by Col. Day was an indefinite one, for pursuant
to your Lordships' commands and H.M. Instructions I prest
the Assembly to pass a New Revenue Act without limitation,
but all to no purpose, and it's my opinion they never will, for
they were soe far from complying that they sent me by a
Committee an Act determinable in one yeare, and therein
nominated a Collectour to receive what money should arise by
the same, which by my Instructions I am positively commanded
to constitute that Officer, whereupon I sent the Secretary to them
with a copy of that article in my Instructions, but it argued
nothing, they still insisting that it was their undoubted right to
appoint a Collectour or Receivour, and that they could not without
violation of their oathes and the trust reposed in them, relinquish
it, upon which I sent for the Speaker and the House, and told
them I thought it high time to send them home, when they own'd
to have taken an oath to insist on what they knew was contrary
to my Instructions, and accordingly dissolved them. A new
Assembly are to meet next month, but I am satisfyed the major
part of the Members will be the same, and I expect the like
management. My patience with Mr. Larkin and rejecting the
constant sollicitations of the Councill and Country sooner to
have confin'd him, has lessened me extreamly in the opinion of
the people, for what they now so insolently insist on, they never
before (either through respect or awe) ever pretended to mention.
I have been soe continually employ'd in preparing accounts
concerning him, that it has taken up mine and the Secretary's
whole time etc. I will now take care dilligently to transmitt as
fast as possible authentick copys of all publick proceedings. I
expect Capt. Nelson will by his son complain I deny'd him writts
of error upon proceedings att Common Law after he had appeal'd
to Chancery, and a decree made to confirme the verdict att Law,
a full state of which I'le (if possible by this conveyance) send
to my Brother, who on occasion will attend your Lordships therewith. Signed, Ben. Bennett. P.S.—On Dec. 20 was brought
in a French ship about 200 tuns, 17 men and 6 guns, which was
taken off the Bank of Newfoundland by one Capt. Bale; she
has nothing on board but about 2,000 bushels of salt and a small
quantity of fish. Endorsed, Recd. June 9, Read July 6, 1704.
Holograph. 4 pp. [C.O. 37, 6. No. 10; and 38, 6. pp. 2–7.] |
Jan. 12.
Whitehall. |
17. W. Popple, jr., to Wm. Penn. The Council of Trade and
Plantations enclose an extract of a letter from Sir T. Lawrence,
Oct. 25, 1703 (q.v.) relating to the disorderly behaviour of some
Quakers of Pennsylvania in Maryland, "that you may take care
to give such directions that they do not by such proceedings
any more disturb the neighbouring Provinces." [C.O. 5, 1290.
pp. 407, 408.] |
Jan. 12.
Barbados. |
18. Governor Sir B. Granville to [? the Earl of Nottingham].
Acknowledges receipt of letters etc. Signed, Bevill Granville.
Endorsed, R. March 30, 170¾. Holograph. 2 pp. [C.O. 28, 38.
No. 20.] |
Jan. 12.
Barbados. |
19. Governor Sir B. Granville to the Council of Trade and
Plantations. The West India pacquet boat arrived the 9th
inst. and brought me your Lordships' letters of Oct. 28 and
Nov. 24. I shall very carefully observe all your directions etc.
I have employ'd Capt. Hayes as Ingenier, and made use of him
about the fortifications: I find him very well qualify'd and
very industrious, and being upon the place and season'd to the
country I doe humbly recommend him to be put upon the
establishment here in the room of Capt. Sherrard decd. I cannot
get in time to send now a particular account of the number,
lading and value of the prizes, but shall send it by the very next
conveniency. I have never taken into my hands any prize
that has been brought in here, nor meddled with the produce;
they have all bin tryed before the Court of Admiralty and after
condemnation put into the hands of the Marshall and Prize Officer,
who sell them at outcry. The Receiver of the Queen's Casual
Revenue takes care of H.M. share, and H.R.H. Patent to me as
Vice-Admiral directs me to receive all his dues whatsoever, and
to be accountable if required. There did an Act passe here in
my Lord Grey's time which gave away all to the captors, but
it is my opinion that without H.M. own consent nothing that
is due to her can be taken away, since my time therefore no regard
has bin had to that Act, but all proceedings in the Court of
Admiralty have bin pursuant to H.M. declaration. No orders
are come yet about the payment of the Gunners, if the next
packet should not bring them, those people will be in a poor
condition. The want of a new commission for the tryal of pirates
was no apprehension of my own, but the opinion of the Lawyers,
who still persist in it, as your Lordships will see by the enclosed.
Signed, Bevill Granville. Endorsed, Recd. March 30, Read
31st, 1704. Holograph. 4¾ pp. Enclosed, |
|
19. i. Report of the Solicitor and Attorney General of
Barbados that H.E. not having received the Commission
for trying pirates there, no prosecution could take place.
Signed, E. [Chilton], W. [Rawlin]. Endorsed as
preceding. 1½ pp. [C.O. 28, 7. Nos. 11, 11.i.; and
29, 8. pp. 420–422.] |
Jan. 12.
Barbados. |
20. A. Skene to Wm. Popple. H.E. directed me to send
you over duplicates of the Minutes of Councill May 11 to Sept. 28;
and also the last three months' Minutes, but not being able to
compleat them before the sailing of the packet, I have only sent
the duplicate of the others, the Acts and the whole Proceedings
relating to Capt. Gillingan, the which I had particular direction
for. Signed, A. Skene. Endorsed as preceding. Sealed. Addressed.
Postmark. 1 p. [C.O. 28, 7. No. 12; and 29, 8. p. 423.] |
| Jan. 12. |
21. Mr. Bridger's Account of the money received by him
during his stay in New England. Signed, J. Bridger. Endorsed,
Recd. Read Jan. 13, 170¾. ¾ p. [C.O. 5, 863. No. 74.] |
Jan. 13.
Whitehall. |
22. Council of Trade and Plantations to the Lords Proprietors
of Carolina. In answer to yours of Nov. 16, we desire you to
inform us what forts, guns and ammunition are there, and in
what posture of defence that country is, in case the enemy may
make any attempt upon it, as likewise in what particulars your
Lordships desire our concurrence in obtaining H.M. assistance.
[C.O. 5, 1290. p. 412.] |
Jan. 13.
Whitehall. |
23. Council of Trade and Plantations to the Queen. Having
formerly laid before your Majesty the great irregularities daily
practized in the Proprietary Colony of Rhode Island and
Providence Plantation, we humbly take leave to repeat, that
the Governour and Company of the said Colony have refused
to submit to your Majesty's Commands relating to their Militia,
during the time of war, when required and pressed to do it, in
your Majesty's name, by Coll. Dudley your Majesty's Governour
of the Massachusetts Bay; that they have declined to transmit
authentic copies of the Acts of their Assemblies, or Laws, and at
length, (vizt. May 27, 1699) sent only a very imperfect abstract
thereof till that time and none since, thô the inspection of such
laws in order to your Majesty's approbation or disallowance, as
is practized in all Plantations under your Majesty's immediate
Government, be more especially there necessary; that they have
harboured pirates, incouraged illegal traders, admitted and
protected soldiers that had deserted, and fugitive servants from
the neighbouring Plantations; that for carrying on illegal practices
in matters of Trade and Navigation they have erected an
Admiralty Jurisdiction amongst themselves without any
authority, and refused to yeild obedience to the Courts and
Officers vested by H.R.H. the Lord High Admiral with due
authority for the tryal of marine and other causes appertaining
to such Courts in those parts, and have not permitted the Collector
and Receiver on behalf of H.R.H. to have anything to do therein,
particularly in the case of a ship of 5,000l. value carryed in thither
by a Boston privateer. Upon which subject we humbly lay before
your Majesty the abstract of one of their said Acts, asserting
their pretended right of Admiralty Jurisdiction, whereupon having
consulted your Majesty's Attorney General in point of law, we
humbly offer that by the acknowledgement of the Act itself no
such authority having been granted them by their Charter, and
the said Act being only provisional untill his late Majesty's pleasure
(or the pleasure of the Crown) should be further known, your
Majesty would please by the declaration of your royal pleasure
to determine and disannull the same, and further to direct a
letter to be prepared for your royal signature wherein the
Governour and Company of that Colony may be required to submit
to the Court of Admiralty constituted by H.R.H. in those parts,
and to the powers of Vice Admiralty vested in Coll. Dudley,
and that your Majesty would be pleased strictly to forbid them
to assume to themselves the power of erecting any such Court,
with intimation that if they make any the like attempts for the
future your Majesty will direct they shall be prosecuted to the
utmost rigour of the Law. And forasmuch as upon the like
complaints of misdemeanours to his late Majesty, Sir Edward Ward
and Sir Thomas Trevor, the Attorney and Sollicitor General,
did report their opinion that H.M. in case of extraordinary exigency
happening to arise thro the default or neglect of any Proprietor to
protect or defend the said Procince and the inhabitants thereof
in times of war, or imminent danger, H.M. might constitute a
Governor of the said Province, for the protection and preservation
thereof, and of his subjects there we do humbly represent that
the people of Rhode Island do still continue in their refractory
proceedings to the great detriment of legal trade and incouragement of piratical and disorderly practices. We do not see how
a present stop can be put to these great irregularities better than
by commissionating Coll. Dudley. your Majesty's Governour of
the Massachusetts Bay, to be likewise Governour of Rhode Island
and Providence Plantation during the war, according to the
opinion of your Majesty's learned Councill aforesaid. [C.O. 5,
1290. pp. 413–416.] |
Jan. 13.
Whitehall. |
24. Attorney General to the Council of Trade and Plantations.
I have considered of the Presentment of the Commissioners of
H.M. Customes [see Jan. 4], and also of the extract out of Coll.
Codrington's Instructions, and am of opinion, that those
Instructions are not material in any sort to the matter contained
in the Presentment, it being only a power to lett or dispose of
lands; as to the Presentment, I am of opinion that the officers
of the English part of St. Christopher's had no authority by
virtue of the Plantation Act made there for the 4½ per cent. on
goods, to levye the same for goods exported from that part of
St. Christophers lately gained by conquest from the French,
that law extending only to such part of St. Christophers as belonged
to the Crown of England when that law was made, but H.M.
may, if she shall be so pleased, under her great Seale of England
direct and command that the like duty be levyed for goods to be
exported from the conquered part, and that command will be a
law there, H.M. by her prerogative being enabled to make laws
that will bind places obtained by conquest, and all that shall
inhabit therein. Signed, Edwd. Northey. Endorsed, Recd. Read
Jan. 14, 170¾. 1 p. [C.O. 152, 5. No. 44; and 153, 8. pp.
235, 236.] |
Jan. 13.
Whitehall. |
25. Council of Trade and Plantations to the Queen. Refer
to recent Representation on the disorders in the Assembly of
Jamaica, whereby the renewing of the Laws is impeded, particularly
the Act of the Revenue, which is near expiring. Repeat gist of
Representation to his late Majesty [Cal. A. and W.I., 1701. No. 67,
etc. q.v]. Continue:—But whereas they have all this while
neglected to avail themselves of your Royal favour, as of the
condescension of his late Majesty herein, by not complying with
the frequent admonitions given them by the Earl of Inchiquin
and afterwards by Sir William Beeston, and now lately by Col.
Handasyd, pursuant to your Majesty's Instructions; and the
approaching term of the temporary Act past in 1683 making it
necessary for your Majesty speedily to declare your Royal pleasure
upon the perpetual Act past by the Duke of Albemarle, lest
otherwise the granting of the Revenue for the support of the
Government of that Island should become precarious, we humbly
offer that your Majesty would please to confirm the said Perpetual
Act, with directions to your Majesty's Lt. Governor or the
Commander in Chief for the time being not to publish or put
the same in execution in case the Assembly of Jamaica, which
shall be sitting or may be called immediately upon the receipt
of the Declaration of your Majesty's pleasure and confirmation of
the said Act, shall before Nov. 1 next pass another Act to the
same purport and altogether conformable to the Act of 1683,
to continue likewise in force for 21 years, the L.G. likewise
acquainting them with your Majesty's pleasure and assuring them
in your Majesty's name that in case of their due complyance your
Majesty will be graciously pleased to continue for 21 years longer
your Royal Confirmation of all the other Laws of that Island
formerly confirmed for the said term of 21 years, which will
likewise expire Nov. 1. But if it shall so happen that the Assembly
do not accept of your Grace and favour herein, the L.G. or C. in C.
be strictly directed and required to cause Publication to be forthwith made of your Majesty's Confirmation of the said perpetual
Act for raising a Publick Revenue for the support of the
Government of that Island and take care that the said Act be
accordingly put in execution. [C.O. 138, 11. pp. 102–106.] |
Jan. 14.
Whitehall. |
26. Council of Trade and Plantations to the Queen. Refer
to Order in Council Dec. 23, and Attorney General's Report,
Jan. 13, relating to the 4½ p.c. in St. Kitts, and recommend that
the Great Seal of England be forthwith signified to the Governor.
[C.O. 153, 8. pp. 236–238.] |
| Jan. 14. |
27. Governor Lord Cornbury to the Council of Trade and
Plantations. Hoping that this may still reach H.M.S. Centurion
before she sails from Boston, I take the liberty hereby to acquaint
your Lordships with what has pass'd in New Jersey, at the
meeting of the General Assembly of that Province, which according
to H.M. commands, in her Instructions to me, met for the first
time at Perth Amboy, in the Eastern division of New Jersey.
The qualification prescribed in my Instructions for the persons
who are to elect, and to be elected, will not be advantagious
for that Province, and I am persuaded the persons that proposed
that regulation did not intend the good of the country; the effects
that have attended that way of electing (for I did take care that
the Queen's commands should be obeyed) are (1) several persons
very well qualified to serve could not be elected, because they
had not 1,000 acres of land, though at the same time they had
twice the value of that land, in money or goods, they being trading
men; on the other hand, some were chosen because they have
1,000 acres of land and at the same time have not 20s. in money,
drive no trade and can neither read nor write, nay they cannot
answer a question that is asked them, of this sort we have two
in the Assembly; the next inconveniency that the people complain
of, in this way of electing is, that there being ten members to be
chosen for each division, it may so happen that all the ten may be
dwellers in one county, and the more likely to be so because the
election is made but in one county, and though the election has
been appointed as near as could be in the center of each division,
yet a very great number of people could not come to the election,
because some had above 100 miles to travel, others were afraid
of the charge, espetially the roads being very bad in most places
where any are made. These inconveniences may all be prevented
if H.M. will alter the qualifications of the persons chusing, and
to be chosen, and the method of chusing; I believe it would tend
very much to the service of H.M., and would be a general
satisfaction to the country, indeed to everybody, except some
few persons who have a mind to oppress the people. The
Assembly met at Amboy, Oct. 10, I then recommended to them
the settling a Revenue for the support of the Government, the
settling the Militia, the passing an Act to settle and confirm the
estates of all Proprietors and Purchasers of lands; accordingly
they did prepare a Bill under the [latter] title, how far that Bill
would have answered the title of it, will best appear by the Bill
it's self enclosed. It is enacted that this confirmation shall be
an effectual title in the law for the said proprietors and purchasers,
their heirs and assigns, etc.; as soon as this Bill had been read once
by the Council, several persons petition'd to be heard by their
Counsel against it, setting forth, that if it passed as it was, great
numbers of people would be divested of their estates, in which
they thought they had as good as title as the Proprietors, the
first people that came to be heard, were the people of Elizabeth
Town, who set forth that they have a grant of the lands they
possesse from Col. Nicholls, who was the first Governor sent into
these parts by H.R.H. the then Duke of York, and that as this
clause is worded they conceive that they should be divested
of those lands, the case, as it appears to me, stands thus, Col.
Nicholls coming into these parts, found the people of New York
refractory and not inclinable to submit to him, but found the
people of Elizabeth Town ready to obey his orders in all things,
by which means the people of New York became more tractable
and did submit, Col. Nicholls thought himself obliged to do
something for the people of Elizabeth Town, that might be a
reward for their fidelity, and upon that consideration granted
them the lands they now hold, indeed it doe appear that H.R.H.
the then Duke of York did grant unto my Lord Berkley and
Sir George Carteret all that tract of land known by the name of
New Jersey, and the Duke's grant bears date a month or six weeks
before Col. Nicholls's grant, upon this the present Proprietors
pretend that Col. Nicholls's grant is void, and that the people
of Elizabeth Town shall hold their lands of them under the same
quit-rents which they have from other persons to whom they have
sold lands since, on the other hand the people of Elizabeth Town
insist that Colonel Nicholls's grant to them is good, because
(they say) he had power from the Duke to grant, and that his
grant was made before he could know that the Duke had granted,
they further insisted that if a grant of that nature is set aside,
it will not be safe for any man to make any improvement upon
any land obtained by grant from any Governor in these parts,
nor to purchase any lands from any trustee, agent or attorney
for any person in England, they say, they ought to pay their
quit-rent to the Crown, if the Queen is willing to give that to the
Proprietors, they are willing to pay to them, but insist they ought
to pay no more quit-rent than was reserved in Nicholls's patents.
The next are the people of Woodbridge, who say that they had
a Charter granted to them by Phillip Carteret, who was the first
Gouvernor sent over by my Lord Berkley and Sir George Carteret,
and they say that this clause will overthrow that Charter, indeed
I have seen the Charter and do think that it overthrows it's self.
The next clause enacts that all and every such parts, shares etc.
survey'd, taken up, etc. to all and every of the Proprietors and
Purchasers within the said Western Division, is and shall for
ever be assured, ratified and confirmed unto the respective
Proprietors etc. The next clause enacts that this present
confirmation is hereby declared a full title in the law for the several
and respective Proprietors, Purchasers, etc. (and afterwards
enacts that) all other Proprietors, Purchasers etc. who have as
yet neglected to take up their respective shares and proportions,
shall be obliged to take their equal proportions out of the lands
remaining, etc. notwithstanding of their or any of them being
joint tenants, or any other cause. These two last clauses are
very unjust in themselves, for they are contrived both for the
same ends, first to confirm the injuries some people here have
done to others in England, by making that good in law, which
is not so in it self, and then by a law to oblige the people injured
to be content with the injuries they have receiv'd,. that these
would be the consequence of these two clauses will appear very
plain, if your Lordships are pleased to consider that the present
Proprietors of the Western Division of New Jersey, by their
purchase from my Lord Berkley, are tenants in common, now
here is a clause to break that tenancy in common with respect
to those Gentlemen in England who have not yet thought fit to
come into America themselves, nor to send any Agent to take
up their shares, and that without their knowledge, the truth of
the matter is, that those Proprietors who are come hither have
taken up all the best of the land, and that which lies most
convenient for Trade, soe that those in England must be content,
(if this Bill had passed) to take their shares in the mountains.
This I did not think at all reasonable, and endeavoured as much
as I could, with those persons who I thought had the most interest
among the Members of the Assembly and Council, to convince
them of the unreasonableness of that Bill as it then stood, I
told them several of the objections I had to it, that they might get
them amended before the Bill came to me, but as it was contrived
to answer private ends, it was impossible to get them to depart
from those clauses. The next clause enacts that all shares,
parts, proportions etc. that have been designed, released, granted
etc. since Feb. 2, 1682, within the Eastern Division of New Jersey
etc. is hereby declared a good title in the law, notwithstanding
the want of form or any other matter, so that if one man's estate
has been conveyed away to another (as I am afraid it has been
done) why that conveyance was to be confirmed, and made valid
in law, as well as many others, without ever producing one, to
shew the necessity of such a clause. By another clause, it is
enacted, that all and every particular tract of land formerly
granted by my Lord Berkley and Sir George Carteret, or by
their Governors and Council of New Jersey, under the Common
Seal thereof, or by their agents or attornies, conform to the powers,
concessions and instructions to them given by the said John
Lord Berkley or Sir George Carteret, or either of them, are hereby
ratified, assured and confirmed to each and every of the respective
grantees etc. This clause at first sight seems to carry a fair
face, but is in reality a very ill clause, it seems to confirm to the
grantees their estates, but then it is only such as have been granted
conform to the powers, concessions and instructions given by
my Lork Berkley and Sir George Carteret, or either of them, to
their Governors, and everybody here knows that those Governors
never acquainted the people what their powers were, only publish'd
their commissions, so that those persons who purchas'd from
those Governors are now to be divested of the lands they have
honestly paid for, and have improved with great expence, labour
and industry, (unless they will purchase them again from the
present Proprietors) because their grants or conveyances are
not conform to the powers, concessions and instructions given
by my Lord Berkley and Sir George Carteret, or one of them
(which indeed very few of the grants are), but at the same time
the purchasers knew nothing at all of those instructions, nor
what they contain'd, if they had, it is reasonable to beleive they
would have conformed themselves to them, because it is very
natural for every man to desire as good a title to the estate he
purchases as he can. Another clause is to empower the
Proprietors, jointly or severally, by themselves, or their Receiver
General, or their agents, attornies or servants, to make distress
for non-payment of quit-rent, and this is to be done by them
or their servants, without taking any notice of any magistrate,
or any Officer in the Government, but because they were told
that was carryed a little too far, the next clause is to qualify it,
and there it is enacted that all the respective sheriffs and
Constables shall for ever hereafter (being required thereto by
the said Proprietors etc.) be aiding and assisting to make such
distress as aforesaid, and this is to be done by the sheriffs or
constables without any warrant from any J.P., or anybody else,
but ex officio, and at the request of any servant of a Proprietor
when perhaps his master may know nothing of the matter.
Another clause enacts that all tracts of land belonging to persons
beyond the seas, or within any of the neighbouring Colonies,
which have been sold by their agents or attornies, since the first
day of Feb., 1682, by virtue of letters of agency or of attorney,
such sales are declared good, sufficient; this, I confess, is a very
necessary clause for some people as the case stands, for great
tracts of land have been sold by agents without the knowledge
and contrary to the interest of the owners, and sometimes contrary
to their directions, so that if there is not some clause of this nature,
now that the law begins to take its proper course, the right owners
may recover their own again, which will be no small loss to some
persons here, who have been agents for persons in England, and
have combined with other persons here, to cheat and defraud
their employers. Thus I have gone through the several clauses
of the Bill, which the Proprietors here were so fully resolved to
have passed, that they were resolved no revenue should be settled,
till that was done; I often put them in mind of the absolute
necessity of settling a revenue upon H.M. for the support of the
Government, but still the Proprietors' Bill, as they very well
called it, was insisted on; so seeing there was no good to be done
with them at that time, and the season of the year being far
advanced, on Dec. 13 I adjourned ye Assembly to May 18, 1704,
at which time I hope to find them in better humour; if not I
must try another Assembly. Signed, Cornbury. Endorsed, Recd.
Jan. 16, Read Feb. 2, 170¾. Holograph. 5 pp. Edges torn.
[C.O. 5, 970. No. 15; and 5, 994.A. pp. 172–186.] |
Jan. 14.
Admiralty Office. |
28. Mr. Burchet to Mr. Popple Jr. Enclosing following, in
answer to letter of this day's date [? Jan. 7]. Signed, J. Burchett.
Endorsed, Recd. Read Jan. 17, 170¾. Enclosed, |
|
28. i. H.R.H. to the Queen. H.M. having directed mee to
report, at what time it may be most proper for the
severall convoys to proceed with the outward bound
Trades, I did thereupon desire the Council of Trade and
Plantations to send for the severall merchants concerned
and to discourse them, and report to me their severall
demands, and they having thereupon represented unto
me what number of ships the aforesaid merchants have
demanded, not only for the convoys to the Trades bound
to the Plantations, but to remain there for their security,
which amounts to 50 ships of war, from 50 to 20 gunns,
and that 10 or 12 of them may be particularly stationed
at Jamaica, for the safety of that Island, I have
considered of the same, and do humbly report unto
H.M., that considering the many occasions there will
certainly be for the service of the ships of those rates
it will be altogeather impossible to furnish so great a
number as the Merchants do demand, nor can it be
known what ships can be spar'd, till it shall be
determined what part of the Fleet may be necessary
to employ in the Channell the approaching year, and
what other remote services may absolutely call for
shipping, the which requires the more speedy
consideration because the Merchants insist upon having
the greatest part of the convoys proceed from hence
by the beginning of Feb. next, and in the meantime
there will be all possible diligence used in the putting
such ships of the Fleet, as are proper for the services
aforementioned, in the best condition that may be.
Signed, George. Copy. 1 p. [C.O. 323, 5. Nos. 34,
34.i.; and 324, 8. pp. 322–324.] |
