|
Aug. 4.
London.
[dated 1704 by error.] |
1295. Mr. Dummer to W. Popple. Gives the sailings of
the Six Islands packett. Out and home 113 days, 12 of which
were lost at Jamaica by overblowing contrary winds. She was
also chased by several privateers West of Scilly, etc. Signed,
E. Dummer. Endorsed, Recd. 4th, Read Aug. 10th, 1705.
Addressed. 1 p. [C.O. 323, 5. No. 83.] |
| Aug. 6. |
1296. Sir Edward Northey to the Council of Trade and
Plantations. I have considered the Acts of Nevis to settle the
estate of Capt. Thomas Butler, decd., on his three sons, William,
Thomas, and James Butler, and I find nothing therein contrary
to law, or prejudiciall to H.M. royall Prerogative. I only observe
that the saving the rights of others than the parties concerned
is not in so decent and dutifull a manner as usuall, H.M. not
being particularly named therein, but is included in the generall
words of all person or persons, which I presume hath happened
through inadvertency only; and H.M. right, if she have any,
to the estate concerned in the Bill, will be saved by the generall
saving. Signed, Edw. Northey. Endorsed, Recd. 6th, Read
Aug. 10th, 1705. 1 p. [C.O. 152, 6. No. 20; and 153, 9.
pp. 253, 254.] |
Aug. 8.
New England. |
1297. Governor Dudley to [? Sir C. Hedges]. I am acquainted
by the Gentlemen to whom Capt. Walton's Muster-roll was
assigned, that there is a doubt of the payment thereof, upon
the date of their muster-roll and too high charges for the
souldiers' subsistence. Explains at length his care in raising
the two Companies for Jamaica, as ordered June 23, 1702, and
checking payments, muster-rolls, vouchers and quarters. "It
has been truly said that I used all means to encourage that
expedition, by saying that I hoped H.M. would favour them
in the disburst upon them, and a discent upon the coast of New
Spaine would make them all rich, and that there was an encouragement from the Assembly of Jamaica for officers and souldiers
comeing thither, which was all true, however, before they came
thither H.M. had otherwise determined, and the Assembly of
Jamaica had withdrawn their bounty and the souldiers were
reduced to expect no more than the lowest establishment of
England, without H.M. especiall favour. The establishment of
this country is for every souldier in garrison 5s. per week, marching forces 6s., and for the last winter marches 7s. per week, besides
the subsistance which these men might have had for service at
home. In their return they were by the fleet carryed to Newfoundland, where they were almost starved with cold and came
home sick. If this company and its just charge should be unpaid,
it would gratifie those that were against that expedition, and
perhaps discourage anything of that kind for the future." Signed,
J. Dudley. Endorsed, R. Nov. 2. Q[uery] of ye Committee of
Trade etc. 6 pp. [C.O. 5, 751. No. 73.] |
Aug. 10.
Whitehall. |
1298. Council of Trade and Plantations to Governor Parke.
Herewith is delivered unto you H.M. Seal for the Leeward Islands,
together with a Warrant authorising the same. You are to
cause the former Seal to be broke before you in Councill, and
transmitted to this Board etc. as July 28. [C.O. 153, 9. pp. 255,
256.] |
Aug. 10.
Whitehall. |
1299. Council of Trade and Plantations to the Queen.
Recommend Act of Nevis (see Aug. 6) to be confirmed. [C.O.
153, 9. pp. 254, 255.] |
Aug. 10.
Boston. |
1300. Owners of the Charles privateer (see No. 1274.xv.)
to the Council of Trade and Plantations. We applied ourselves
first to Gov. Dudley for a Commission, but he would not grant it.
The Governor of Rhode Island had no advantage in granting
the Commission and never desired any. The Judge of the
Admiralty forced us to pay 50l. to Governor Dudley and 150l.
to himself for condemning the prize. Pray that they may not
be so oppressed when they bring in prizes. Signed, Benj. Gallop,
John Colman, John Wocker (sic). Endorsed, Recd. from Sir
Charles Hobby, Nov. 6, Read Nov. 15, 1705. Addressed. 1½ pp.
[C.O. 5, 863. No. 141; and 5, 911. pp. 479–481.] |
Aug. 11.
Whitehall. |
1301. Mr. Secretary Harley to Major Lloyd. I thought your
whole demand had been fully answered by the arms etc. lately
sent from the Tower, but I find you expect some other things
and particularly 18 scaling ladders. I cannot see how they are now
to be conveyed to you since you are under sailing orders and
wait only for a fair wind (from Portsmouth). I took it, therefore,
for granted you intended to have them made in Newfoundland
etc. Signed, Ro. Harley. 1 p. [C.O. 194, 22. No. 41.] |
| Aug. 11. |
1302. Same to the Board of Ordnance. Since you desire
to have in writing what the Lords of ye Committee of Councill
ordered on Wednesday last to be sent to Newfoundland, the
20 cohornes with the shells and stores proportionable should
be sent with all possible speed to Portsmouth etc. and consigned
to Major Lloyd. If it can be done without loss of time you are
likewise to send 18 scaling ladders of not less than 20 ft. Signed,
Ro. Harley. ¾ p. [C.O. 194, 22. No. 42.] |
Aug. 12.
Jamaica. |
1303. Governor Handasyd to the Council of Trade and Plantations. I have little to add since mine of July 18, but what you
will be informed of by the enclosed Minutes of the Council and
Assembly. I believe I have broke the knott of the factious party,
our Assembly haveing hitherto gone on very unanimously in
the Queen and Country's business. I am of opinion I have had
a snake in my bosom all this while, for I do believe all the disturbances that have happened proceeded from Col. Beckford's
family, which has always kept a handkerchief over my eys, under
the pretence of friendship, but I have now discovered the deceit,
and therefore hope to make things more easy than they have
been for these two years past, and that the snare they have sett
for me they will be catcht in themselves, it haveing always been
my observation that honesty is the best policy. Several Acts
have past the Councill and Assembly, but I have resolved not
to pass them till H.M. business and the quartering Act be first
brought in, for fear of being out-witted. Admirall Whetstone
and H.M. men of war under his command are all gone out a
cruise. The 6th inst., at night, we had a small earthquake, but I
do not hear of any damage it has done. The Island is very
healthy. Signed, Tho. Handasyd. Endorsed, Recd. 2nd, Read
Oct. 31st, 1705. 1 p. [C.O. 137, 7. No. 17; and 138, 11.
pp. 433, 434.] |
Aug. 12.
Jamaica. |
1304. Governor Handasyd to Sir Charles Hedges. Duplicate
of preceding. Signed, Tho. Handasyd. Endorsed, R. Sept. 30.
1 p. [C.O. 137, 45. Nos. 68, and (duplicate) 68.i.] |
Aug. 13.
Windsor. |
1305. Order of Queen in Council. Confirming Act of Nevis
(see Aug. 6). Signed, Chris. Musgrave. Endorsed, Recd. Read
Sept. 25, 1705. 1¾ pp. [C.O. 152, 6. No. 22; and 153, 9.
pp. 260–262.] |
Aug. 13.
Windsor. |
1306. Order of Queen in Council. Upon the petition of his
Agent, ordered that A. Skene be not dismissed (as July 20),
but suspended as Secretary of Barbados, and that he return his
answer in writing to all such papers as have been presented to
the Council of Trade and Plantations against him, copies whereof
they are forthwith to transmit to him, whereupon H.M. will
declare her further pleasure. But that, nevertheless, the Governor
do cause Skene to be prosecuted as ordered July 20, and that he
be permitted to have affidavits taken in his behalf relating to
the same without any discountenance or molestation whatsoever. One of H.M. Principall Secretaries of State to signify
H.M. pleasure to the Governor accordingly. Signed, Chris.
Musgrave. Endorsed, Recd. Read Aug. 29, 1705. 2½ pp.
[C.O. 28, 9. No. 3; and 29, 9. pp. 363–365.] |
Aug. 15.
Windsor. |
1307. The Queen to Major Lloyd. Commission to hold
Court Martials on the garrison at Newfoundland. Signed,
Anne R. 2 pp. [C.O. 194, 22. No. 43.] |
Aug. 15.
Boston. |
1308. John Colman to the Council of Trade and Plantations.
Repeats Nos. 1274.xv., xvi., and 1300, concerning the Charles
privateer. Continues:—Coll. Dudley told me very lately he
was ordered to send home an account concerning a prize brought
into Rhoad Island some time since by Capt. Lawrance and Capt.
Blew, and desired me to draw up a deposition concerning my
going there and being refused the Admiral's dues, which accordingly
I did and shewed it to him, on which he told me I need not speak
too much in their favour, I answered I ought to speak the whole
truth, but I perceive it doth not please him, for since he saw
what I wrote hath never asked for it to send to your Lordships,
and I know hath delivered his letters to the Master of the vessell.
I inclose the very paper I had drawn up and shewed H.E. I
must say as I shall answer it hereafter I have always found
Governour Cranston ready to do justice in all matters I have
been concerned with him in, with respect to the Admiral, etc.
I have been told the value of that prize taken by Capt. Lawrance
and Blew hath been wrong represented. The ship and cargoe
was appraised by as good men as any in that Government
(in the opinion of all that knew them) and the whole amounted
to 2,123l. 5s. and no more. The Governour indeed did not admit
me to receive the tenths for the reasons given in the within
depositions, but he put the matter as he then told me into the
hands of the Queen's Collector, who is esteemed a man of as
much honour and justice and the very best bottome of any man
in the place, and I have since received the greatest part of it
of the Governor, and the rest he tells me is ready. Signed, John
Colman. P.S.—Aug. 23. I have been with the Governor and
desired an account of what gold etc. was recovered from
the pirates etc. [See No. 1274.iv.] There were two negroes,
one sold for 40l., and I am told the other the Governor's son,
who is Queen's Attorney, hath at 20l. who is a rich penny worth
at 40l. I had lately some talk with one of the Councill about
the treasure, who told me the country had been at 1,500l. charge
about it, which must be paid out of the same. I asked how it
was possible the charge should swell so. He answered there
was the sloop to pay for which Captain Cary went in to carry
the news to England, which I think will be an abuse to the Queen,
for the owners of the vessell the piracy was committed in did
offer their vessell to go for 90l. per month, and they would run
the risque of her, and she would in all likelyhood have performed
the voyage in three months, being a prime sailor, and they sent
a full vessell fit only to carry merchants goods, and I think also
I have been very much slighted in this matter, that the treasure
should be taken out of my hands, who had given security in
England for my place, and put into the hands of others and I
kept in the dark, that am not capable to render any account
about it but what I am beholden to others for. Signed, John
Colman. Endorsed, Recd. from Sir Charles Hobby, Nov. 6,
Read Nov. 15, 1705. Addressed. 2¼ pp. Enclosed, |
|
1308. i. Being deputed by the Honble. John Dod, the Receiver
of the rights and perquisites of H.R.H., Lord High
Admiral, to receive what might become due to H.R.H.
in these parts, and being informed there was a prize
brought into Newport by Capt. Blew, Commander
of a private man-of-war, by the advice and direction
of Governor Joseph Dudley, I went to Rhode Island
and showed my Commission to Governor Cranston and
informed him that I was come per the advice and direction
of Col. Dudley who, I understood, was Vice-Admiral
there, to demand the tenths of said prize, but Governor
Cranston, on perusal of my Commission, found it said
for Boston and the districts thereof, whereupon he
answered they were no district of Boston and could
not admit me to be the Receiver there by virtue of
that Commission, adding that he had put that matter
into the hand of the Queen's Collector. I then wrote
to Mr. Dodd, who sent me another Commission impowering me to be the Receiver over all New England and
Rhode Island, and about same time H.M. Commissioners
for Prizes sent me a deputation to be the Queen's
Receiver also, which as soon as I received I advised
Governor Cranston of, who then shewed all respect to
me as the officer and accounted with me for the tenths
of the prize aforementioned, part whereof is yet in his
hands. Boston, Aug. 10, 1705. Signed, John Colman. 1p.
[C.O. 5, 863. Nos. 142, 142.i.; and 5, 911. pp. 482–488.] |
| Aug. 15. |
1309. Major Lloyd to Mr. Secretary Harley. Repeats
proposals of March 29 for reducing Placentia, as to credit and
subsistance for soldiers etc. See following. Signed, Tho. Lloyd.
Endorsed, R. Aug. 15, 1705. 2 pp. [C.O. 194, 22. No. 45.] |
Aug. 16.
W[hite]H[all]. |
1310. [? Mr. Secretary Harley] to the Duke of Ormonde.
Major Lloyd having proposed this day to the Lords of the Committee that 2d. per diem subsistence money for the [460] soldiers
designed from Ireland, and bedding at two men to each bed,
should be sent with them from thence, it is H.M. pleasure that
your Grace do give such directions therein as are necessary.
No signature or endorsement. 1 p. Annexed, |
|
1310. i. Memorandum for above Letter. ¼ p. [C.O. 194, 22.
Nos. 44, 44.i.] |
Aug. 16.
Cockpit. |
1311. [? Mr. Secretary Harley] to the Lord High Treasurer.
Encloses following. The Lords [of the Committee of Council]
think it reasonable Major Lloyd should have 300l. credit allowed
him. Your Lordship will please to give the necessary directions.
I enclose papers relating to the Officer of Prizes in Newfoundland.
No signature or endorsement. 1 p. Enclosed, |
|
1311. i. Copy of Major Lloyd's proposals. See No. 1309. 1 p.
[C.O. 194, 22. Nos. 46, 46.i.] |
Aug. 25.
Stonington in ye Colony of Conecticut. |
1312. Commissioners appointed to enquire into the complaints of the Mohegan Indians to the Council of Trade and
Plantations. In pursuance of H.M. Commission we assembled
here on the 23rd, and when we came to Pancatuck River, the
edge of this Colony, we were met by Major Whiting and a small
small troop of horse, who acquainted Col. Dudley that he was
sent by Gov. Winthrop to bid him welcome and to conduct him
to Stonington, where we were to sit, as soon as we arrived Col.
Dudley produced H.M. Commission, and had the same in the
presence of H.M. subjects assembled in a great number as well
as Owaneco and the Indians published, and then in open Court
took the oaths appointed instead of the oath of allegiance and
supremacy and subscribed the Declaration, and then proceeded
to swear all the members present, being 10 in number, who also
signed the Declaration. Some Gentlemen of the Colony produced
a letter from Govr. Winthrop to Col. Dudley to acquaint that
the six gentlemen named in the letter, who presented it, were
appointed to attend the trial and to make answer, who should
also be assisting to summon witnesses and what else the Court
had need of. The sd. Gentlemen desired a copy of H.M.
Commission, which was delivered the same evening. The Court
adjourned till the 24th, when Col. Dudley and the Gentlemen
drew to the place where they were to sit, William Pitkin, John
Chester, and Richard Christopher, three of the Assistants of
the Colony, Eleazer Kemberly, Secretary, William Whiting and
Richd. Lord, who were the six Commissioners named in Governor
Winthrop's letter as Managers and Answerers for the Colony,
drew up to Col. Dudley and told him they were come to read
a paper to him, he told them the Commissioners were just sitting
down, and when the Court was opened, they should be heard;
the[y] insist upon it to read it presently, and he refused it and
proceeded to open the Court. The Sheriff of the County came
up to us and commanded silence in a very imperious manner,
and the Gentlemen went on to read their paper, and then laid
it down on the Board and drew off a very little distance, but
within hearing of the Court, and then proceeded again to command
silence and read publickly a protestation against the Court, and
then returned several times in a very insolent manner while
the Court was publickly proceeding in reading papers and
hearing the complaint. Col. Dudley prayed them to be patient,
they should be heard in their turn. Whiting told him boldly
they had no business, and Chester they would not be put upon,
and Saltonstall, one of the persons complained of for entering
on the Indian lands, said the Commissioners were no Court,
and that H.M. commands contradict one another, and that he
was forbidden to answer by the Government, and one of their
Ministers present when an evidence was swearing, drew him
back by the sleve to hinder his oath. In a short time after they
withdrew, and the Court had opportunity to proceed more peaceably, and proceeded to swear Elisha Pain and Jedediah Fitch,
to whom Col. Dudley had given warrants to summon the intruders,
who gave oath to the returns of their warrants, having summoned
a great number of persons. All of whom were called in Court
and commanded to attend their concerns, but no one of them
appeared: We then proceeded to the complaint particularly,
and went through distinctly all the articles contained in a report
sent herewith. And again in the afternoon sat and called the
Intruders and persons summoned to attend their concern, but
no body answered, tho amongst the many persons present many
of the Intruders that had been summoned were present, and
refused to answer, as Mr. Saltonstal, one of them, told the Court,
that he dare not answer, being forbidden by the Proclamation
of the Government. We are as particular in our report as
we can, and unanimous in our opinion, that Uncas and
Owaneko are the only steady Sachims in this Province to the
English interest, in all times without the least challenge; that
the Indians of his Tribe have marched at all times in the service
of the English, and bin very successful in these 70 years past;
that by the disposall and grants of the General Assembly of
this Colony, and by particular persons entering upon their Land,
if they prevail therein, wil leave nothing that we are advised
of to the whole tribe of the Mohegin Indians; that the said Indians
are in the last distress and trouble, and under the greatest
provocations to desert the English interest, which will be to the
great disturbance of all H.M. Governments. We humbly pray
that our service herein may be acceptable to H.M., and that
H.M. commands may be speediely given to this Colony, least
the Indians think themselves neglected, and the persons concerned
for them to manage and bring in papers and evidences be oppressed
and insulted, as they acquaint us they are threatened. Owaneco
and his tribe attending at the Tryall offer their humble duty
to H.M., promise publickly to continue faithfull, and pray to be
supported, etc. Signed, J. Dudley, Edwd. Palmes, G. Sylvester,
Jahleel Brenton, Natha. Byfield, James Avery, John Avery,
John Morgan, Thomas Leffingwell. Endorsed, Recd. Dec. 31,
1705. Read Jan. 23, 1705/6. 3 pp. Enclosed, |
|
1312. i. Proceedings of the Court of Enquiry and determination
of the complaint of the Mohegan Indians, holden at
Stonington, Aug. 23, 1705. Signed, J. Dudley. Boston,
Nov. 3, 1705. |
|
(a) The judgment of the Court confirms the justice
of the Mohegans' case and complaint. [See C.S.P.
1703. No. 153.] The Court determine (1) that
Owaneco is the true Sachem of the Mohegan Indians.
(2) That he and his ancestors have always been loyal
to the Crown of England (3) and that the Government
of Conecticut have by several treaties acknowledged them
to have lands of their own etc. (4) The Mohegan
Indians had an undoubted right to a very large tract
of land within that Colony, lying to E. of Connecticutt
River, and the English inhabitants of New London,
Norwich, Stonington and others have acknowledged
their right to those lands, and many years since
purchased of Owaneco and his father considerable parcels
of lands belonging to the said towns, of which purchases
Owaneco makes no complaint. (5) All the lands that
were reserved unto Owaneco and the Mohegan Indians
in 1683, were distinguished into planting and hunting
grounds; their planting ground part of it scituat between
New London and Norwich and contains 8 miles in
lenth and 4 miles in breadth, one smaller tract about
9 miles in lenth and 2 miles in breadth lying on the N.
bounds of Lyme, one other very large tract of hunting
lands lying between the bounds of the towns of Norwich,
Lyme, Lebanon, Metabesset and Haddam. (6) The
Government of Connecticut in 1683 impowered a
Committee, one of whom was the then Governour,
to settle the bounds between Uncas and the Plantations
to which his lands adjoyned. Return was made
accordingly in 1684 and approved by the General Court,
which Survey, since the arrival of this Commission,
has been revised by Capt. John Chandler etc. (7)
Uncass, to secure his lands or some good part of them
to his family and people, in 1659 and again in 1665,
did make over his lands in that country to Major John
Masson, Deputy Governor of that Colony, and of great
friendship with Uncass, for the Indians' use, and
Masson in 1671, the better to secure some of their lands
to them and their posterity, reconveys to Uncass and
others and their heirs that tract of land between New
London and Norwich for their planting, with an express
limitation on that deed that neither they nor their
heirs should ever alienate the same, which after that
time passed commonly by the name of the sequestred
lands. (8) The Government of Connecticut approved
of Major Masson's being Guardian of the Mohegans
during his life, and of Major Samuel Masson, his son,
after his death, and in 1660 provided and determined
that the lands of the Mohegans should be disposed
of and ordered by Masson in 1692, for the more effectual
securing to them their reserved remaining lands,
directed that none of the lands, recorded and confirmed
to Owaneco, should be passed away without the consent
of Capt. Masson aforesd. (9) Contrary to these reservations and treaties, the Government of Connecticut
have granted away considerable tracts of the planting
grounds of the Mohegans amounting to about 3,000
acres, and in particular to the present Governor and
Gurdon Saltonstall, the Minister of New London,
400 acres, which upon oath is found to be 1,100 and
upwards, and in Oct. last the Government by a patent
under the Seal of the Colony granted the whole tract
abovementioned, being the planting ground of the
Indians, to the Proprietors of New London and their
heirs for ever. (10) The Mohegans have been very
unjustly turned out of planting ground called Massapeage, lying within the township of New London, the
improvement of which land is reserved to them by
their deed to New London. (11) The town of Lyme,
under pretence of their grant of their township from
the Colony have taken into their improvement that
tract of the Mohegan lands bounded upon their township containing about 9 miles by 2. (12) One other
very large tract of their hunting ground is granted
away from the Mohegans to the township of Colchester,
viz. between Norwich, Haddam, Lyme, Lebanon and
Mattabesset. (13) The Mohegans are a considerable
tribe, consisting of 150 fighting men, formerly a much
greater number, and cannot subsist without their lands.
They have been extreamly grieved at these proceedings
and have frequently applied to the General Assembly
for redress, but could obtain none, whereby they have
been reduced to great want and necessity, and are
in great danger of deserting their ancient friendship.
The Court are unanimously of opinion that they ought
to be restored to the said lands, enumerated, and that
Owaneco Uncass recover his costs. And that the
Government of Connecticut be required immediately
to cause them to be so restored, according to
H.M. letter, March 23, 1703[4]. Signed, as preceding. |
|
(b) Copies of evidence upon which the foregoing
judgment was based. The whole endorsed, Recd.
Dec. 31, 1705, Read Jan. 23, 1705/6. 81 pp. [C.O. 5,
1263. Nos. 56, 56.i.; and (without enclosure) 5, 1291.
pp. 296–303.] |
Aug. 26.
Fleet Prison. |
1313. Mr. Clifford to the Council of Trade and Plantations.
Prays that the States General may be moved to permit him to
sell his estate in Surinam etc., and that they may account for
some sugar made on his plantation there since 1695. Signed,
Jer. Clifford. Holograph. 2 pp. Annexed, |
|
1313. i. The claim of Jeronimy Clifford. Endorsed, Recd.
Aug. 25 (sic), Read Oct. 12, 1705. 1 p. [C.O. 388,
75. Nos. 130, 130. i.] |
Aug. 27.
London. |
1314. Certificate of Owners of Portsmouth gally, that, whilst
lading with salt at Exhuma, she was taken by a Spanish privateer
and carried into the Havanna, April, 1704. Signed, Wm. and
Jno. Crouch, John Eccleston, Tho. Humfreys. Endorsed, Recd.
Read Aug. 28, 1705. 1 p. [C.O. 137, 7. No. 9.] |
Aug. 27.
Admiralty Office. |
1315. J. Burchett to Mr. Secretary Hedges. The shipps of
warr which were bound to the Plantations, and receiv'd damage
in the late storm, being now refitted, I desire to know whether
they shall now proceed from Spithead. Signed, J. Burchett.
1 p. [S.P. Naval, 7. Under date.] |
Aug. 28.
Maryland. |
1316. Governor Seymour to the Council of Trade and
Plantations. I presumed to give you an account how our affaires
stood here by Coll. Quary, who went hence in the Oxford
ffrigott that touch'd at Virginia etc. Having seized several
of the Conspirators and Accomplices, who were concerned in
the Plott [see July 3], I directed a speciall Commission for their
more speedy tryall, and the Grand Jury found all the Bills;
but the Petit Jury, like true Americans, quitted 'em all but two,
and those I have consented to sell to some of the Islands for the
country's good; But Clarke, the ringleader and Capt., stands
out still, in defyance of all Law, and repeated Proclamations,
not having been heard of these two months, so that it is thought
he is designed to turne pyrate, and reported that with severall
other loose idle persons, who are much indebted on account
of protested Bills of Exchange, the epidemicall distemper this
Country now labours under, gone quite away in a small sloope,
but a very good sailer; I have given notice thereof to the severall
adjacent Governments in order to suppress them. I received
your letter and a great Seale by Coll. Nott, and shall endeavour
my best allways to obey H.M. Royal Orders and Instructions;
but doubt this Province will never consent to the building Towns,
as H.M. desires, without a short Act or an Order from England
compells them, for the same self-ended reasons they have allways
refused it [see July 3]. As to your Lordships' directions about
Tarr and Navall stores, all care shall be taken, and the Act to
encourage the Continent of America will not only be of good
use to all H.M. subjects in the several Colonys, but of great
service to our Native Country, England. When their cropps
here are in, and the season of the year gives the Country better
leisure than at present, I entend to lay all these matters home
to the Assembly, and by the first safe conveyance after, shall,
God willing, transmitt their Resolutions, etc. Signed, Jo. Seymour.
Endorsed, Recd. 3rd, Read Dec. 10th, 1705. 2 pp. [C.O. 5,
715. No. 88; and 5, 726. pp. 346–348.] |
Aug. 28.
Maryland. |
1317. Governor Seymour to [Sir C. Hedges]. Duplicate
of preceding. Signed, Jo. Seymour. Endorsed, R. Dec. 1, 1705.
2½ pp. [C.O. 5, 721. No. 4.] |
Aug. 30.
Whitehall. |
1318. Council of Trade and Plantations to Lt. Governor
Bennett. Since ours of July 28, we have received yours of
March 31, and April 4, and have also received all the letters you
mentioned to have writ us except that of Jan. 31. The last
letter you mentioned to have received from us is of Nov. 30 last,
since which we writ to you on March 6, April 26 and 27, May 30,
by way of Barbadoes, which we doubt not before this but that
you will have received, having sent duplicates thereof by the
same way. Enclose Order in Councill concerning Lieut. Henley.
As to Mr. Jones's demands of the rents, issues and proffits of his
offices during his suspension, we do think it sufficient that one
half thereof be paid to him, and that the other half be enjoyed
by the person that executed the said places, as in all the other
Plantations during the absence of the patentees. As to your
dispute with Mr. Jones about keeping and using the publick
seal, we judge it to be your right to keep the said seal,
but upon applying the same you are to make use of H.M.
Patent officer. And as to the keeping and securing the stores,
there is no doubt but that the superiour care thereof dos appertain
to you as H.M. Lt. Governor, and that no part of them is to be
issued out otherwise than by warrant under your hand, which
dos not hinder but that H.M. Secretary and Provost Marshall
should be made use of for the ministerial keeping and issuing
out the said stores pursuant to your warrants, and not otherwise,
which you may communicate to Mr. Jones by shewing him this
letter. And we have taken order that Mr. Jones is informed
of our directions that he shall behave himself with civility and
respect to you as to his superiour. [C.O. 38, 6. pp. 140–142.] |
Aug. 30.
Whitehall. |
1319. Council of Trade and Plantations to Lt. Governor
Johnson. Since ours of July 28, we have received yours of
March 22, 24 and May 26. We have also received a book of
Nevis Laws, which seem to be a collection only of such laws
(2 or 3 excepted) as have been confirmed here; whereas what
is required by H.M. Instructions is a compleat collection of all
the laws in force, whether confirmed or not; besides we observe
that several of the laws in that book (a list whereof is here inclosed)
were past at Antego, which ought not to have been mixed with
the Nevis Acts. We desire you therefore to explain these things
to us in your next. Your successor, Col. Parke, he is preparing
for his departure from hence, but we believe will not be so soon
with you for want of a fitting conveyance, which he will hardly
obtain, untill the return of our fleets. Annexed, |
|
1319. i. List of Acts referred to in preceding. [C.O. 153, 9.
pp. 256–259.] |
Aug. 30.
Whitehall. |
1320. W. Popple to Mr. Tryon. Encloses copies of papers
against Mr. Skene this day transmitted to Barbados. [C.O.
29, 9. p. 367.] |
Aug. 30.
Whitehall. |
1321. W. Popple, jr., to Guy Ball. Gives notice that a
copy of his affidavit has been sent to Mr. Skene. [C.O. 29, 9.
p. 368.] |
Aug. 30.
Whitehall. |
1322. Council of Trade and Plantations to Governor Sir B.
Granville. We cannot doubt but you will have received our letters
of April, May and July, though you only acknowledge (June 10),
the receipt of ours of March 6, the reason of which we suppose
comes from the packet boats having been stopped here for a
considerable time. You will have been informed by your Correspondents of what H.M. has been pleased to determin in relation
to the complaints preferred here against you, which we suppose
will be to your satisfaction, and as it always is our care to support
the dignity and authority of H.M. Governors, so we hope on
your part you will use your best discretion in endeavouring to
unite the minds of H.M. subjects in carrying on the publick
service and contributing to the peace and welfare of the Island.
Enclose Order of Council relating to Mr. Skene, Aug. 13, and
depositions to be delivered to him as ordered. As to the matter
of the coin in the several Colonies in the Plantations, we have
the same under consideration, and have referred to the Attorney
General to find out the proper means of rendering H.M. commands
therein effectual in all her Plantations. And, whereas we understand that the Assembly are waiting in referrence to the Fortifications for H.M. pleasure relating to the 4½ p.c., which they would
have applyed to the use of the said fortifications before they
proceed any further therein, we do not know of any late application therein. [C.O. 29, 9. pp. 369–371.] |
Aug. 30.
Whitehall. |
1323. Council of Trade and Plantations to Governor
Handasyd. Since ours of July 28, we have received yours of
June 11. Tho you only acknowledge ours of March 6, we doubt
not but that before this comes to your hands you will also have
received ours of April 2, 20 and 26 and May 23, which have been
detained here by the stop of the packet boats for a considerable
time. We have under consideration what you write about the
flag of truce, from Petit Guavas, as also a petition of Peter Dyer
[see July 11]. We shall at the same time be mindful of what
you write to us, Dec. 17, against exchanging prisoners in America,
and we shall not fail to give you timely notice of what shall be
determined thereupon. We doubt not but that by your prudent
management of the Assembly you will have perswaded them
to pass another Act for the quartering of soldiers. We shall
lay before H.M. your recommendation of Col. Edlyn to be of
the Councill, and shall give you notice of H.M. determination
thereupon. As to the other parts of your letter, we are glad that
matters within your Government are in so good a condition and
have nothing further to add. [C.O. 138, 11. pp. 408, 409.] |
| [Aug. 31.] |
1324. Mr. Penn's Reply to the objections [of the Council
of Trade and Plantations] to some Pennsylvania Laws. [See
No. 1278. i.] (1) It's agreed that Law be returned, but let
ye simplicity of the times in that wilderness excuse inexpertness.
Pray word it better for us. (2) Agreed to be returned and
amended. No need of using H.M. name, when the names used
stand upon ye Queen's authority. (3) I cannot help it, 'tis
ye great Charter yt. all Englishmen are entituled to, and we went
not so far to loose a tittle of it. (4) Agreed to be amended.
(5) I think a word no reason to lay by, or delay so material a
Law, when there are words enow besides to answer ye end, nor
have we yet Church places to authorise it. (6) I am of opinion
my surrender will best repeal yt. part which regards fidelity
to me. I cannot see any reason to out ye People that made it
a country from ye Government of it, for their tenderness about
an oath, that went thither to avoid it with other things. And
for stiles of officers, they were under no obligation to symbolize
with England. Carolina dos not, and yt. wch. is called Mayor
in one place is a Bayliff in another, and in Ireland in divers places
Soveraigne. (7) When the Government is surrendered, to be
sure it becomes useless. (8) Agreed to be amended. (9) Under
favour, you will find power of ports in me, since 'tis one of the
clauses to be surrendered by me, nor dos the Act reach but
to Colonys in H.M. disposition, nor undo what is done, nor
compel the Queen to it. (10) The same answer serves. (11)
Agreed to be amended. (12) It is not to be wholy hindred,
and if done, then to be done not fraudulently. Nor can reason
of State in prudence or justice put one man's commodity, as
this will, upon another at ye seller's price. As good forbid wearing
shoos at all. (13) I desire only the priviledges truly Proprietary,
or as Ld. of the Soyle, except ye Queen pleases at ye instance
of ye Board to make a farther distinction. (14) I presume
they are not inconsistent. (15) But yt implys ye Crown's
authority, under which they claim the same in Palatinats and
Corporations here. (16) I must submit to Lawyers, but the
nature of that Act, and its extent deserves to be explained and
settled. (17) A clause in the Surrender may regulate it. Till
the Surrender is perfected, 'tis good, and that I pray with
expedition. (18) Since so stiled by ye Kings and Queens,
it must be no fault to use it, nor is there inconveniency in it.
(19) It is in our Courts and Acts of Courts and in ye Rolls By
ye Queen's authority and name of ye Propriatary, being the old
forme, and it must be an undesigned omission, but ye by Laws
of our great Towns here I suppose do ye same thing. Signed,
Wm. Penn. Endorsed, Recd. Read Aug. 31, 1705. 2 pp.
[C.O. 5, 1263. No. 28.] |
| [Aug.] |
1325. Heads of Instruction for the Commanding Officer of
the troops on board [for Newfoundland]. To observe such
orders as the Commodore shall give him for keeping this
design secret etc. 1½ pp. [C.O. 194, 22, Nos. 48; and
(rough draft) 47.] |
[Aug.]
Windsor. |
1326. H.M. Instructions for Major Thomas Lloyd. Whereas
the Trade of Newfoundland is of great advantage to our subjects
and therefore well deserves our care, not only to secure our present
settlements there, but also to gain new acquisitions from the
French now in war with us, and to that end we having thought
fit to send an additional force of 460 men to join those already
there and the inhabitants as far as they can be made useful,
in order to make an attempt upon the French settlements in
Newfoundland, and particularly on Placentia, you are upon
the arrival of the said forces to consult with the C. in C. of our
ships appointed to convoy the transports and forces thither of
the best place for landing them, and accordingly to make an
attempt upon such of the French settlements as you shall judge
to be most practicable and likelyest to succeed in, and particularly
upon Placentia, according to the proposals you have made to
us, etc. If you shall take any of the French settlements, you
shall leave a Garrison in them as you and a Council of LandOfficers shall judge sufficient to keep them, and the rest of the
said men you are to return to England by the transports and
men of war. Corrected draft. 6 pp. [C.O. 194, 22. Nos.
49, 49.a.] |
| [Aug. ?] |
1327. [Sir C. Hedges to ? Major Lloyd.] The C. in C. of the
convoy will deliver you H.M. Instructions [above] when you are
in a particular station at sea. You are to open them in the
presence of each other, and to communicate them to him, as
he is ordered to do his to you. ¾ p. [C.O. 194, 22. No. 50.] |
Aug.
Windsor. |
1328. H.M. Instructions to the Commander in Chief of the
troops appointed for service in Newfoundland. Upon your
arrival you are to follow Major Lloyd's orders and land as he
directs, etc. It is of the greatest importance that this design be
kept with all imaginable secrecy. 1¾ pp. [C.O. 194, 22. No. 51.] |
