|
Feb. 1.
Boston, New England. |
69. Governor Dudley to the Council of Trade and Plantations. Refers to previous letters and enclosures. It is now a year
since H.M. commands were given to the Governments of Connecticut
and Rhode Island to give their assistance in the present warr,
but from that day to this I have not had one man nor penny
towards the service or charge, notwithstanding the whole summer
I had 1,000 men in the service absolutely necessary to cover
the frontiers of these Provinces, whereby they are perfectly
secured, and have not since the warr opened lost a man or had
any inroad upon them. I am humbly of opinion that if these
commands be easily past over referring to their just assistance,
and Owaneco be not taken care of by your Lordshipps' favour
[for] him, they will presume to a very great degree, and H.M.
commands [will] be greatly slighted to the hurt of these Governments and their just dependance [and] obedience, beside that
I shall be personally insulted by them, which if there were nothing
else in the matter I could well bear, knowing that therein I have
done my duty to H.M. and justice to her good subjects of the
several [Pro]vinces, who being equally H.M. subjects ought
to be equally defended and mustered and taxed for that end.
I continue to pray your Lordshipps' direction referring to the
Governour's power of a refusall of a Speaker and the Establishment on the Castle made in 1700, and the other particulars of
those letters. There is in these Province[s] and parts adjacent
a whale fishery kept at the [sea]son of the year, very profitable
to the people, and procures a very good return [for] England
every year, and I have done what I can to encourage it, being
a good [and] acceptable trade at home, and have directed
the Judge of the Admiralty [at] all times to receive and decide
tryalls between the fishermen, which must often [hap]pen,
because the wounded whales often break lose and there are
disputes to whom [they] belong. But it hath been always
observed that besides the whales thus stricken, [there] are sometimes others that are wounded and slayn by the Thrashers and
Sword-[fish] which follow them, whereby they become wrecks
and as they are called [Dri]ft whales to which no person can
claym any right, and do therefore justly become [a pe]rquisite
to the Vice-Admirall as other wrecks are, as by the Commission
of [the] Admiralty does plainly appear, and since I came here
with a great deal of [trouble] I have gotten two such, which clear
of charges made near 40l. [value], but since it has been observed,
the Inhabitants of those parts about Cape [? Cod], which is called
the County of Barnstable, have affronted and injured the Officers
[of the] Admiralty taking care therein, and one of the Justices
lately sent a Water-[Bay]liff to prison, and notwithstanding
soon after the said Water-Bayliff was come [to] Boston to attend
the Court of Admiralty to take judgement of a Drift whale, and
had given summons to the Challengers to attend the Judge of
the Admiralty at Boston, the Inferiour Court of Common Pleas
for that County of Barnstable proceeded to give judgement for
the whale to certain fishermen, and tho' the Water-Bayliff was
not present at the tryall nor any for him, the Court awarded
execution for a summe of money, and that writt followed him
and cast him into prison, and all that I can yet say will not prevayl
to make those Justices sensible of their error of invading the
Admiralty's Jurisdiction, which method, if proceeded in,
will perfectly defeat the proceedings of the Court of
Admiralty in all cases and H.M. intention as well as her
predecessors and Acts of Parliament establishing that Court
in the Plantations will be avoyed, if the other Courts may take
away the matters lying before them, of which none is plainer
than that of whales and the great fish of the sea, [the] people
here being very uneasy that that Court and the Judges and
Officers of it are of H.M. establishment, besides that they would
have it that all wrecks and drifts are belonging to the finder,
which would end in all manner of ravage upon the was[t] contrary
to Religion and Law. I most humbly pray your Lordshipps'
direction herein for the support of H.M. Court of Admiralty,
and if it be agreable to Law and Commissions in use here, and
in all the Plantations, there may be an inhibition and injunction
to all other Courts that they may not presume to take the tryall of
whales or any other matter belonging to that Court into their
consideration or process at any time. Upon this head, I must
also humbly ask your Lordshipps' direction, whether I may
not my self dismiss such Justices of the Peace of the said Inferior
Court without the consent of the Councill, agreable to what
is done referring to Justices of the Peace in England and elsewhere, because I am more than in doubt it will be there denyed,
themselves being concerned to make as little of the Admiralty's
jurisdiction as may be. And if I may so do with your Lordshipps'
approbation, and have H.M. commands referring to the powers
of the Admiralty as above, I believe the matter will end well,
otherwise I must for the future do nothing more but let the people
run w[ild] in that matter, and the Vice-Admirall will for the
future have no advantage. I most perfectly submit it to your
Lordshipps' direction, and pray that I may be commanded
therein. I have been at a great deal of quiet from the French
and Indians this summer, tho' my number of men and expence
thereby has not been less than last year; I have burnt all their
forts in these Provinces, kept them these two years from any
manner of planting or fishing, that they are fled to Canada, and
for want of their usual support are in a starving discontented
condition among the French, as I am dayly informed, but yet
are capable in small parties like Irish Raparees to make inroads
upon mee, yet I have not quitted the least improvement in the
frontiers, but the people are easy and the masting in the deepest
woods has been so well guarded that there is no complaint,
and I have at this time 4 small parties upon their snow shoes,
of 50 men each, who lye out upon the snow 20 days together to
prevent their hunting and discourage their approach. At the
first eruption of the warr the French and Indians carryed away
about [150] persons, most women and children, which heretofore
have been purchased at about [5]l. per head by the French,
whereby the Indians had a better trade of taking prisoners than
hunting for Beavers, but I have assured Mr. Vouderil, the Governor
at Canada, that I would never purchase the best prisoner he
had at the price [of one] shilling, and to make the matter even
with him, I brought the last summer about the same number
of prisoners from the Bay of Fundee belonging to Port Royall,
and then sent him word I would exchange with him, the articles
I sent him are inclosed and humbly submitted to your Lordshipps,
like those agreed in the West Indies for the exchange of prisoners
there, to which he returned me another set of articles also
inclosed, wherein he proceeds so far as to offer a truce between
the Goverments, to this I have made no answer, having no
authority so to do, and shall only thereupon remark to your
Lordshipps that I have no need of any such Truce, but can well
enough defend myself, and shew men enough well appoynted
to remove him and all the French from Canada and Port Royall,
if H.M. would be graciously pleased to give us but 4 ships of warr
and mortarrs for that purpose. I humbly submit the whole
matter to H.M. pleasure, but would be glad to get the poor women
and children home, for which their friends are very impatient,
especially being informed that the Priests use all possible methods
to debauch their Religion and many of them are already gone over
and entered into their Nunnerys and others marryed amongst
them, as I perceive by their letters from Quebeck. If there
might be an establishment of a Scotch or English Colony at
Pemaquid and Eastward, it would hold 1,000 familys and is the
best part of these Provinces for the lumber and fishery, and
would defeat the French and Indians' hopes of resettling in
those parts in time of peace. These letters are humbly presented
to your Lordshipps by Lt. Gov. Povey, who has also sustained
the office of Major Generall of both Provinces and has faithfully
served H.M. here, and I consider my self disadvantaged by his
return, but it has not been possible for me to obtayn any manner
of support for him, in his station, from the Assembly, and had
I not given him the command of the Castle where there is 100l.
salary he must have lived wholly upon the expence of his own
Estate, as he has done in a great measure notwithstanding.
He is very [cap]able to give your Lordshipps account of the present
state of H.M. affairs here, to whom I humbly referr, and pray
your Lordshipps to represent my sincere indeavours to serve
H.M. as I ought, and to assure your Lordshipps that nothing
here can make me weary of doing my duty, while your Lordshipps
will please to make my service acceptable to H.M., and while
I may be honored with your Lordshipps' commands. |
|
P.S.—I humbly acknowledge the [rec]eipt of the 20 cannon
and [app]urtenances, which are all well landed at H.M. Castle
in Boston. Signed, J. Dudley. Endorsed, Recd. May 31, Read
June 3, 1706. 4 pp. Edges rubbed. Enclosed, |
|
69. i. Copy of Articles for exchange of prisoners offered
by Governor Dudley to M. Vaudrevil. [See C.S.P.,
1705.] Endorsed as preceding. 2½ pp. |
|
69. ii. Proposals for a Truce offerred by M. Vaudrevil,
Governor of Canada, Quebeck, Oct. 20, 1705. [See
C.S.P., 1705.] Same endorsement. Copy. 4½ pp. |
|
69. iii. Copy of Proclamation appointing Jan. 24 a Day of
General Thanksgiving for Marlborough's Victory in
the Netherlands. Dec. 27, Boston, 1705. Signed,
J. Dudley. Printed. Endorsed, Recd. May 31, 1706.
1 p. [C.O. 5, 864. Nos. 58–61; and (without enclosures) 5, 912. pp. 133–148.] |
Feb. 1.
Whitehall. |
70. Mr. Sec. Hedges to Governor Dudley. Acknowledges
letters of July 25, Aug. 8 and Nov. 1st. What you mention of
reducing Quebeck by ships of war is sent to the Prince's Councill
for their consideration, and their report is expected in what
may be done, and what may be the best season for making such
an attempt, and how far it may be practicable with regard to
the other extraordinary services H.M. has for her men of war.
Concerning the fees of the Courts of Admiralty, I know no better
rates for the officers of the Admiralty Courts in America to conform
themselves to, than what are practised here, and that they may
do so, H.M. has directed that the tables of fees should be transmitted to the severall Vice-Admiralties in the Plantations. As
to a consideration to yourself, I have spoke to the Lord Treasurer,
who is the only person to whom application should be made,
and I find him well disposed in your favor. I have also moved
in your behalf, and read to him your letter of Aug. 8, and hope
you will receive satisfaction as to the matter therein contained,
but for a particular answer must referr you to the Committee
of Trade. The Address you mention has been presented to H.M.
and if those Provinces do not comply in what they at present
refuse, it may create a necessity of doing something farther to
oblige them to furnish their Quota, and they would do well to
considered that the Plantations are to be valued as they are
more or less valuable to England, for they cannot expect but a
remedy will at length be applyed by Parliament in reasonable matters. I think it may do you some service with my Lord Treasurer,
if you send a particular account of pirates' goods seized by you,
and a Bill of the charges you have been at. Signed, C. Hedges.
[C.O. 324, 30. pp. 62–64.] |
Feb. 1.
Whitehall. |
71. Same to Governor Lord Cornbury. I received your letters
of Feb. 28, 1704, and July 15, on Dec. 3 last, and am extreamly
obliged to you for the full account you give me of your Government. That part which relates to Navall Stores is sent to the
Commissioners of the Navy, and their opinion is expected in
what may be proper to be done for encouraging that manufacture,
your Lordship's observations and reasonings on that subject
being very well approved: Your Lordship rightly judges of the
interest of England in encouraging the planting flax and the
linnen manufacture and discountenancing that of the woollen,
and what you observe concerning the encroachments and
usurpations of the Assemblies deserves very good attention.
All that matter is before the Committee of Trade, and will be
considered by H.M. in Councill, and you will hear of the result,
and have further Instructions on that subject. The Plantations
are to be valued as they are more or less valuable to England,
and they must expect, if nothing else will do, that a remedy
will come by Parliament in reasonable matters. Feb. 2. Since
writing this, I have received yours of Nov. 28 etc. I shall observe
your commands, but have not time to receive H.M. pleasure
in any of the particulars before the maile is dispatch't. [C.O.
324, 30. pp. 64, 65.] |
Feb. 1.
Whitehall. |
72. Council of Trade and Plantations to Mr. Secretary
Hedges. Reply to Jan. 29. The merchants concerned have
acquainted us that their ships coming home so late cou'd not be
time enough discharged so as to be sent to Virginia and Maryland
to come away with the convoy, June 15, and that there will be
40 ships unloaden in the rivers of Virginia and Maryland after
that time. We are humbly of opinion that, if H.M. shal not
be pleased to allow a second convoy to bring away these later
ships in Sept., they may be permitted to sail thence as they
can gett ready after the departure of the convoy, without being
embargo'ed there; since if they be obliged to stay for a convoy
to be sent the next year, the ships will not only be worm-eaten,
but the seamen suffer very much by such detention, whereby
their voyage will be overthrown. We take this opportunity
to represent the expediency of the convoys for Virginia and
Maryland being appointed to go out at such time the next year
as may as much as possible suit the occasions of all the traders
to those parts, so that the shipping may return home from thence
with convoy, and not otherwise. Autograph signatures. 2 pp.
[C.O. 5, 1341. No. 2; and 5, 1361. pp. 436, 437.] |
| Feb. 1. |
73. Reply of the Governor and Company of Rhode Island
and Providence Plantations to the charges exhibited March 26,
1705. Articles 1 and 2 contain matter highly criminal; they
doe not only detest such practices, but are not capable of being
guilty of ye same, but to the utmost have endeavoured to suppress
them, and uphold the Acts of Trade and H.M. Laws relating
to the Government of the Colony. (3) If at any time deserters
or malefactors fled hither, upon notice thereof given, due methods
have been taken, as the Law directs. As to the other part,
this H.M. Collony is free for any of H.M. subjects to come and
inhabit there, nor is it in the respondents' power to hinder or
prevent them therefrom. Where one person or family hath
removed out of other Colonies into this, there hath five times
the number gone out of this (which were inhabitants in the same),
and settled in other Provinces, which wee deem to be the privilege
of every English subject, and we doe deny that any considerable
number of young men hath fled out of other Provinces into this
Collony or have been anyways harboured or sheltered in the same,
or that no rates or taxes is raised in this Colony for the support
of H.M. interest and government. They have been at more
than 6,000l. charge within this 7 years in fortifying and other
charge occasioned in maintaining and defending H.M. interest
against the common enemy and support of the Government.
(4) They are advised by Counsel that they are not obliged by
Law to furnish the other Provinces or Colonies with any Quota,
nor doe they apprehend there is any necessity. Nothwithstanding
which, in obedience to H.M. commands, they have assisted and
furnished the Massachusetts with a Quota of men (to the considerable charge of the Colony) who did H.M. good service, as likewise
keeping out and maintaining Scouts upon the borders or frontiers
of said Province, whose good service hath been thankfully
acknowledged by the inhabitants of that Province. As to the
Quota for fortifying New York, they never refused it, but by
their Address to H.M., June 30, 1703, pray H.M. remittance
thereof, by reason this Collony is a frontier to the sea, and none
of H.M. Provinces in America more exposed to the danger and
assaults of the common enemy, to which we have not as yet
received H.M. commands. (5) This charge is frivolous and
untrue. (6) Respondents' Charter expressly impowers them
to try all crimes and make all manner of wholesome laws; these
proceedings are just and regular. (7) They doe allow the Laws
of England to be pleaded in all cases without partiality (as well
for strangers as for serving their own turns) where their own
Laws do not extend to; the various circumstances of time and
place and people doe often make it necessary to enact and
establish Laws different, though not repugnant, to the Laws
of England. Their Charter expressly empowers them so to do.
(8) Deny that they have refused to allow of Appeals to H.M.
in Council, when duly applied for, and the matter and value of
the matter in question require the same, and have (for want of
Instructions in that case) granted an Appeal for the value of 20l.,
which they conceive to be frivolous and vexatious. (9) They are
advised by Counsel that the Militia, or power of commanding
thereof, is fully granted to them by their Charter, and that they
have been in possession of the same above 40 years. As to the
Vice-Admiralty, they have fully complied with H.M. commands,
saving to themselves their right granted by Charter for granting
Commissions to private men of war etc. (10) Deny that they
ever used any indecent words towards H.M., nor do the words
mentioned import any such indecency. (11) For the reasons
given above (9), they could not submit to Col. Dudley's exercising
those powers within this Collony. (12) Respondents deny this, and
say that the Governor, Depty. Governor and others in places of
publick trusts are persons of estates, known abilitys and loyalty,
and well affected to H.M. Government, and are qualified according
to law and the constitution of the Government. (13) This
charge is uncertain and general, it is false and untrue, and cannot
be maintained or justified. Lawrence and Blew according to their
Instructions brought the prize into this Government, and put
it into the Governor's possession for the security of the Lord
High Admiral's dues, as the Law provides, notwithstanding they
had their liberty to goe to their Commission Port if they had
seen cause, without any debauchery by the Government. All
due methods and care was taken to prevent embezlement, and
the securing the Lord High Admiral's dues to the satisfaction
of the Collector and Receiver, and content of the owners and
sharers. Signed, West. Clarke, Secrty. Endorsed, Recd. Read
Feb. 1, 1705/6. 3¾ pp. [C.O. 5, 1263. No. 59; and 5, 1291.
pp. 309–319.] |
| Feb. 2. |
74. Mr. Jackson to the House of Commons. The Fort
or Garison at St. Johns is of timber and very ill situated etc.
(see No. 54). On the other side of the Harbour there is
built a pretty little Castle all of stone and substantiall timber
that by nature and art is very strong, whose full complement
is 30 men. Had the garrison been equivalent in strength and
goodness, it had been an impregnable place. As it is, it is more
a scare-crow or Pageant than a fortification. The Government
has been, ever since I knew the land, arbitrary and despotick
(this last year only excepted), the commanders oppressive,
tyrannical, traders, and great abusers of trade. Describes the
fishery, as supra passim. In almost every harbor there is set
up a King, as they call him, wch. is one that hath been an old
frequenter of an Harbor, who by extortion is grown rich, and
by unconscionable meanes has involved the inhabitants into
his debt. What these poor wretches cannot pay off the next
year, these Kings extort double. Mr. Roop has been 25 months
in fixing the Boom, having all imaginable help, and now so meanly
and unskilfully performed that I have heard some masters of
ships say a New England sloop will force it. He is partial and
mercenary. He was given 200l. to aggravate matters here
against others. The officers are immoral: he that will not be
made cuckold by them is certainly made a slave etc., and because
I have endeavoured to stop this torrent of vice, I have all along
been abused by them. Mr. Latham as Chief Mason had a large
sum sent him yearly to pay labourers, most of which he employed
in buying liquors and in trade, and many of the soldiers employed
about the boom are unpaid to this day. He has not laid a penny
out upon the garison (fort), altho it run to daily ruin, and being
often solicited by Capt. Moody, in this, as in everything else,
he would not obey him; he refused to pay me much that is owed,
and would not make my lodgings in the fort fit to live in. He
frightened the inhabitants from paying me their yearly dues
of fish. Prays for redress therein. As to the trade of New
England there, I never could perceive but it was beneficial,
for as their ships arrived sooner than ours, so they supply that
country with provisions at more reasonable rates than we do,
wch. saved many families many times from starving etc. Besides
they are a people indebted to the Crown of England above
100,000l. sterl., and to debar them of the trade of that country
will incapacitate them for ever paying that debt, for they have
often told me that they pay yearly more money to England out
of the product and barter of that country then they do out of
the whole product of their own Colony. Signed, John Jackson.
Endorsed, Recd. Feb. 25, 1705/6. 8½ pp. [C.O. 194, 3. No. 120.] |
Feb. 2.
Whitehall. |
75. Council of Trade and Plantations to the Board of
Ordnance. Governor Parks having discoursed with us concerning
a proportion of stores of war for the Leeward Islands, we desire
you to let us know what stores of war have been sent to those
Islands, if any, since those sent thither by the Office of Ordnance,
March 27, 170¾. [C.O. 153, 9. p. 292.] |
Feb. 4.
Boston. |
76. Members of the Church of England to the Council
of Trade and Plantations. Lt. Governor Povey is now bound
home. He has with all skill and application attended H.M. service
to the great satisfaction of the Governour and all good men
here. The support for 4 years past given by the Generall
Assembly, as Lt. Gov., has amounted to no more than 150l.
which has been nothing to the expence he has been at to maintain
the honour of his post. He has obtained leave to return to the
great sorrow and trouble of H.M. good subjects here. The
troubles of this Province by the war has occasioned utmost
difficulty and fatigue both to the Governor and himself, and we
account it our duty to represent the unkindness and neglect
of the Province towards them both, but our influence is too small
to amend it here. If it were possible that he might be returned
to us with a good establishment, both for the Governour and himself, to put them beyond the power of a difficult and ungratefull
people, it would establish H.M. Government and prosperity
of this Province. Signed, Benj. Mountfort, Hen. Francklyn,
Petr. Hawksworth, Giles Dyer, John Eastwicke, John Devir,
Wm. Tayler, Cyprian Southack, Tho. Child, Chris. Bridge,
M. Roberts, J. Nelson, Elyde [sic] East Apthrop, J. Dulton,
Ri. Harrison, J. Redknap, Saml. Baker. Endorsed, Recd.
Read June 4, 1706. 2 pp. [C.O. 5, 864. No. 63; and 5,
912. pp. 151–153.] |
| Feb. 4. |
77. Order of Committee of House of Lords. The Council
of Trade to produce documents concerning the petition of
Mr. Kirton etc. (No. 51). Set out, House of Lords MSS. VI.
p. 365. Endorsed, Recd. Read Feb. 7, 1705/6. 2 pp. [C.O. 28, 9.
No. 31; and 29, 10. pp. 24–26.] |
Feb. 4.
Whitehall. |
78. Council of Trade and Plantations to Governor Nott. We
are glad to understand by your letter of Sept. 22 that you are
safely arrived in your Government, wherein we wish you all
satisfaction and happiness. We have considered the particulars
of your said letter, which relating chiefly to the Revenue, and
your having yourself said the same things before the Lord Treasurer
from whom you are to expect directions, we have nothing to
say thereupon, but that you will do well at all times, however,
to continue to give us a particular account of all things relating
to your Government, though it do not immediately come under
our cognizance. The directions given you relating to the sinking
of letters are the same as was sent to the Governors of all H.M.
other Plantations, and was done in order to prevent the enemies
getting intelligence of the state of the Plantations by letters
taken on board of ships coming from thence. We understand
the Assembly are of another opinion, but we continue nevertheless to enjoin you to direct that all your letters and such as
in any manner relate to H.M. service be thrown overboard in such
case of imminent danger, and that you nevertheless recommend
to the people the causing their letters to be thrown overboard
as aforesaid, as being for the benefit and safety of the Colony
and the trade thereof. And whereas you in Council have
appointed Col. Blakiston Agent for the Country, when he shal
apply to us in that capacity, we shal give him all the necessary
countenance, but we are to give you the same caution as we
have to other Governors, that the Agent may not be permitted
to receive any papers immediately from the Assembly, but that
all public matters be transmitted by you directly to any of H.M.
Ministers of State or to our Board, as they may properly belong,
and that the Agent be empowered by your direction only to
sollicite their dispatch accordingly. P.S.—Our Secretary in
sending you the warrants for the new Seal, omitted to acquaint
you that the old one, after it was broken, was to be returned to
us, to be laid before H.M. in Council. [C.O. 5, 1361. pp. 437–439.] |
Feb. 4.
Cockpitt. |
79. Mr. Sec. Hedges to the Council of Trade and Plantations.
Encloses following. Signed, C. Hedges. Endorsed, Recd. Read
Feb. 8, 1705/6. 1 p. Enclosed, |
|
79. i. Answer of Sergt. James Bromfield and other soldiers
at Portsmouth to queries No. 50. Jan. 30, 1705/6.
(1) 66. (2) 56. (3) 80 or 81 with two drums and no
officer. (4) 3. (5) 18. (6) 12l. to Capt. Lloyd and
6l. to the men from which was deducted the price of
ammunition shirts 9s., shoes 8s., stockings 4s., waistcoats
15s., butter 9d. per lb, cheese 8d. etc. Signed, Ed.
Harman, Mayor etc. |
|
79. ii. Copy of Queries, No. 50. 1 p. |
|
79. iii. List of 27 men in Lord Paston's Regiment who testified
at Portsmouth as mentioned above. 1 p. [C.O. 194,
3. Nos. 110, 110.i.–iii.; and (duplicate) 110.v., vi.;
and 195, 4. pp. 185–192.] |
Feb. 4.
Whitehall. |
80. Council of Trade and Plantations to Governor Lord
Cornbury. Acknowledge letter of Feb. 19, 1705. We observe
what your Lordship says of Mr. Morris's behaviour, and have
been apply'd to by some of the Proprietors, his friends, men of
credit and estate here, who have assured us that he will
comport himself for the future with all due respect and regard
to your Lordship and H.M. service; so that in order to reconcile
the minds of all under your Lordship's Government, we do think
fit at present that upon his submission your Lordship do readmit him into the Council of New Jersey. What has been
alledg'd in relation to the pretended forms of the surrender of
that Government is not true. The surrender was absolute and
without terms. We did indeed consent, at the Proprietors'
desire, to add some clauses to your Lordship's Instructions;
but that was no condition of the surrender: and therefore we
think your Lordship has done well in maintaining the contrary.
H.M. has appointed Mr. Townley, Mr. Cox and Mr. Mompesson
of the Council. As to your desire that we should recommend
Mr. Mompesson to H.M. for the place of Chief Justice of New
Jersey, we must refer your Lordship to what we writ you
March 26, 1705, in relation to New York upon the same subject.
Mr. Dockwra, in the name of the Proprietors of the Eastern
Division of New Jersey, having recommended to us Mr. Peter
Sonmans, their Agent and General Attorney, who is lately gone
over to New Jersey, as a person fitly qualified to fill up any
vacancy that may happen in the Council there, and being
inclinable to gratifie the said Proprietors herein, if your Lordship
have no objection hereunto, we desire to hear from your Lordship
what you have to offer thereupon. In answer to what your
Lordship writes about fines, forfeitures and escheats, and to
the appointing of a Ranger of the Woods refer to Mr. Attorney
General's report [see Oct. 19, 1705] which will be a guide
to your Lordship upon other occasions. We have considered
the Acts which past in Nov. 1704, and have not any material
objections thereunto, but as there are some things which we
wish might be amended, we shall defer laying the said Acts before
H.M. till your Lordship has had an opportunity of acquainting
the Assembly with our observations thereupon. The Act for
the settling the Militia, in the last proviso but one, enacts that
the sums of money thereby to be levy'd are to be paid into the
hands of the Receiver General, or Secretary, or such other person
as the Governor under his hand shall appoint, and the money
to be apply'd also to such publick uses as the Governor shall
direct; whereas we think that publick moneys ought only to
be paid into the hands of the Receiver General, and the uses
to which it ought to be apply'd for the support of the Government
should be express'd in the Act, and not left at large as it is in
this: which we desire your Lordship therefore to be mindful
of for the future. Tho' the design of the Act for uniting and
quieting the minds of all H.M. subjects in New Jersey be very
good, yet there are some things in the Act which render it unfit
for H.M. royal confirmation, viz. that it pardons (amongst other
crimes) all murders, high-treason and piracy committed before
Aug. 13, 1702, whereas H.M. has reserv'd to herself by her
Instructions to you the pardoning of those crimes, and therefore
we desire your Lordship to endeavour to get this amended in
another Act to be pass'd for the like purpose. We have no other
objection to the Act for altering the present Constitution, and
regulating the election of Representatives etc. but that it does
not regulate the quantity of acres necessary to qualify persons
to elect or be elected Representatives in the General Assembly.
Your Lordship will have seen by H.M. Additional Instruction
sent you [April 20, 1705] what we intended upon that matter,
quoted. But if your Lordship find the regulation too high, you
may endeavour to get a new Act past for proportioning that matter
otherwise. In the mean time this Act will remain in force
without being confirm'd by H.M., and your Lordship will make
a suitable use of your Instructions in that behalf. A complaint
having been made to us that the elections for the last Assembly
were made in such haste that there was not due and timely notice,
and some towns [had] no notice at all of the day appointed for
that purpose, we desire your Lordship therefore to be mindful
for the future of giving such notice (14 days at least) that all who
have a right may have time to repair to the place of election,
as they shall see fit. There has also been a complaint that
3 Members were kept out of the said Assembly upon some
objections made against them by Thomas Revell and Daniel
Leeds, and that after the said objections were removed, your
Lordship still refused to admit them. We must therefore advise
your Lordship to be careful in preserving such privileges of the
Assembly as are belonging to them. The Proprietors of the
Western Division complain that your Lordship has caused their
late Secretary to deliver all publick books, records, and papers
to Mr. Bass, Secretary of the Province, and that their records
of deeds and conveyances are carry'd out of the Province, which
they alledge may be of very great prejudice to them. We are
of opinion that all books and papers, deeds and evidences relating
to the proprietorship of the soil be not taken out of the hands
of the Proprietors' Agents, and that if it be done, they be restored,
and that no publick papers whatsoever be carry'd out of the
Province. It has further been complained of to us that your
Lordship has put into the Commission of the Peace several mean
and contemptible persons, particularly one Salter, whom your
Lordship knew was under prosecution for felony, and granted
Commissions in the Militia to other persons who have no estates
in the Province. What truth there is in this complaint your
Lordship can best judge; but we think it however necessary
to advise your Lordship to be careful what persons you put
into the Commission of the Peace or Militia, that they be persons
of good estates, and well qualify'd for those employments. We
have not received any Minutes of the Council or Assembly since
your Lordship's being in that Government; we therefore desire
that we may have fair transcripts of the said Minutes both for
the time past and for the future, as also copies of all other publick
Proceedings and Acts of Government. The want of prisons
in New Jersey is a matter proper to be laid before the General
Assembly. Your Lordship will therefore represent to them
the necessity of having such prisons built, that they may grant
a sufficient fund, which may be appropriated to that service.
A new Seal for New Jersey was sent your Lordship by Coll. Nott.
By the words, "due provision for the respective Members of
our Council and Assembly," in clause 22 of your Instructions,
it cannot be understood that a salary should be settled upon
them, but only that due provision be made of paper, ink, fire
and other necessaries for carrying on the service, and suitable
salaries be provided for the clerk and other officers that attend
the said Council and Assembly. We are glad to perceive that
the tax for one year has been so easily raised; and we hope
that by your Lordship's prudent conduct everything else will
be made easy also. [C.O. 5, 994A. pp. 259–267.] |
Feb. 4.
Whitehall. |
81. Circular letter to the Governors of Plantations to
the Council of Trade and Plantations. You are to transmit
accounts of Mr. Bridger's proceedings as Surveyor General to
give him aid, and to get an Act passed for encouraging Naval
Stores, etc. Set out, New Jersey Archives, 1st Ser. iii. p. 122.
[C.O. 324, 9. pp. 117, 118.] |
Feb. 4.
Cockpitt. |
82. Sir C. Hedges to the Council of Trade and Plantations.
Encloses following for their opinion. Signed, C. Hedges.
Endorsed, Recd. Read April 24, 1705/6. 1 p. Enclosed, |
|
82. i. Extract of letter from Governor Lord Cornbury to
Mr. Secretary Hedges, New York, July 15, 1705.
Repetition of views of the trade of New York and dispute
with the Assembly as to amendments of Money Bills etc.
5 p. [C.O. 5, 1049. Nos. 12, 12.i.; and (without
enclosure) 5, 1120. p. 451.] |
Feb. 4.
Treasury Chambers. |
83. W. Lowndes to Mr. Popple. Encloses following for
the opinion of the Council of Trade and Plantations. Signed,
Wm. Lowndes. Endorsed, Recd. Read Feb. 12, 1705/6. 1 p.
Enclosed, |
|
83. i. Mr. Heathcote to the Lord High Treasurer. Memorial
upon the production of Naval Stores in New York.
New York, Nov. 9, 1715. Signed, Caleb Heathcote.
10 pp. Set out, New York Docs. iv. pp. 1158–1162.
[C.O. 5, 1049. Nos. 5, 6; and 5, 1120. pp. 397–411.] |
Feb. 4.
Whitehall. |
84. Council of Trade and Plantations to Governor Seymour.
Acknowledge letters of Sept. 29, 1704, and July 3 and Aug. 28,
1705. We are glad that by your care and conduct you have
suppress'd the combination between the Indians and some of
the indigent people in your Government, but we do not well
understand what you write, Aug. 28, that you had consented
to sell two of the criminals to some of the Islands for the country's
good. We desire therefore that you would explain who those
criminals are, and by what authority they are sold. What you
write about the want of arms and ammunition has been laid
before H.M., but Col. Blakiston having provided 200 muskets,
100 carabines, 100 cutlasses, 100 halberts, 200 cartouch-boxes,
110 half-barrels of powder, 5 thousand weight of lead, and
22 drums out of the money remitted him arising by the 3d. per hhd.
appropriated for that use, we hope that service is sufficiently
taken care of for the present. We have also laid before H.M.
the chief particulars in your letters, upon which H.M. has been
pleas'd to direct us to write to you as follows. As to an Armourer,
we have given in charge to Col. Blackiston to provide and send
such an officer, who is also to be storekeeper, and H.M. leaving
it to you to appoint him a fitting salary not exceeding 100l. per
annum, as is propos'd by you, to be paid out of the Revenue
to be rais'd in your Government. H.M. likewise approves of
your proposal for reducing the Provincial Judges to four itinerant
Judges, who are to go their circuits at such times and in such
manner as you with the advice of the Council shall find most
proper, and you are accordingly to give the necessary direction
herein. H.M. has likewise been pleased to approve of your
proposal in relation to Mr. Bladen, and you are accordingly
to settle a salary upon him as Attorney-General, of 100l. per annum,
out of the Revenue to be raised within your Government as
aforesaid. As to your scheme for settling of Ports, H.M. has
been pleas'd to respit her determination thereupon, till you
shall have given an account how far the Assembly have comply'd
with H.M. late Instructions to you upon that subject, which
were sent you May 8, 1705. However, in the meantime we
are to inform you that H.M. is so sensible of the advantage that
will accrue to trade by the settling of Ports and other particulars
relating thereunto, that in case the Assembly shall not have
a due regard to H.M. directions therein, H.M. will then think
fit to appoint such Ports by her own authority, pursuant to
Acts of Parliament in that behalf. You will do well therefore
to lay the same before the Assembly for their consideration.
We have laid before H.M. the two Acts relating to Popery, whereupon H.M. has been pleas'd to direct us (as you will see by the
inclosed order) that the second Act for suspending part of the
first be re-enacted without any limitation of time, whereby it
will be in H.M. power to repeal the same, at any time when she
shall think fit. We have likewise conferr'd with the Lord
Baltimore upon the behaviour of the Papists in your Government,
and his Lordship has thereupon communicated to us his letter
to Mr. Hunter and those of his Society, requiring them to demean
themselves for the future without offence, and with all due respect
to you and the Government, a copy whereof we send you. As
to the Quakers, as they enjoy the Protection of the Government
under which they live, we conceive it is but just and necessary
that they bear a proportionable share in the defence thereof;
and therefore it is H.M. pleasure that they be obliged to contribute
to the safety of the Province of Maryland, in reference to the
Militia, in the same manner as in England and other Plantations;
but in all distresses where they refuse to pay you are to take
care that such distresses be within the bounds of moderation,
and that no more be taken than what is necessary to answer
the summ demanded of them. We have under consideration
the body of Laws you have sent us, together with your observations thereupon, in order to our laying the same before H.M.
and shall not fail of giving you due notice of what shall be
determined thereupon. And whereas complaint is made unto
us by Sir T. Laurence, of hardships sustain'd by him in Maryland,
as Secretary of that Province, by an Act lately past there for
ordinary licences and applying them to other uses, we cannot
but remind you of the fitness of supporting H.M. Patent Officers,
and that nothing ought to pass in their prejudice, without H.M.
especial commands. We have not thought fit to propose to
H.M. the repealing of the said Act immediately, for that the
profit arising by such licences would entirely cease; but we must
recommend to you the settling that matter, so that justice may
be done to the said Patentee, and that he do not suffer by the
loss of any of his fees and emoluments to which he may have a
just pretention by virtue of his patent. |
|
P.S.—Our Secretary in sending you the warrants for using
the new Seal, omitted to acquaint you that the old one, after it was
broken, was to be returned to us, etc. [C.O. 5, 726. pp. 367–373.] |
Feb. 4.
Whitehall. |
85. Council of Trade and Plantations to Governor Dudley.
Since ours of April 12, we have received yours of March 10 and 22,
April 5 and July 25. We have laid before H.M. what you write
us about Connecticut and Rhode Island's not complying with
H.M. commands in reference to the quota of assistance for the
Massachusets Bay, as also about the claim and pretence of Rhode
Island to a Vice Admiralty power, and their granting a Commission
to the Charles gally, a privateer. We have also laid before H.R.H.
the Lord High Admiral Mr. Colman's behaviour in that affair
for his determination therein. But as Mr. Colman and the rest
of the owners of the Charles gally have writ to us two letters
containing some complaints in relation to the condemnation
of the said galley in which you are concerned, we send you copies
of the said letters for your answer thereunto. We have laid before
the Lord Treasurer the account of the pirates' effects, with our
opinion [see Dec. 19, 1705]. We have also laid before his
Lordship what you write about the Post Office. As soon as any
determination shall be taken upon both or either of these
particulars we shal not fail of giving you notice. We observe
what you write in reference to Mr. Usher's accounts with
Massachusets Bay, and are glad the Councill and Assembly have
proceeded so far in agreeing the same, but we do not see how
H.M. can interpose in commanding them to pay the ballance
of his account, the revenue of that Province not being by any
law under H.M. direction. We think you ought rather to
interpose with the Assembly in laying before them the justness
of Mr. Usher's demands, and the hardship in keeping of him
so long from what is his due. We do not see how to remedy
what you write about the smalness of the Judges' salaries, and
the difficulties you labour under upon that account, whilst H.M.
commands are so little regarded as they have been in other matters
in the Massachusets Bay. And as to your desire of a Chief Justice
to be sent from hence, we cannot offer it to H.M., unless you had
proposed to us some method for paying his salary; for it is not
reasonable H.M. should be at that expence where there is no
revenue sett apart for such services. Your desire of two able
gunners from hence is of the same nature, as also what relates
to the establishment of the Castle in 1701, mentioned by you.
And altho' H.M. has already given to that Province to the value
of above 1,000l. in great guns and stores of war, yet have they
not comply'd with H.M. just demands in settling a salary on you
her Governor. We are glad Capt. Rednap gives you satisfaction
and we desire that you would assist him as much as possible
in the dispatch of what he has to do in your Governments in
order to his going to New York, where H.M. service requires
his attendance. We have laid before H.M. what you write about
the state of the French at Quebec as also about the French sloop
brought from Port Royal etc. [see Dec. 19, 1705]. We approve
of your conduct in relation to the Speaker of the Assembly.
You did well to assert H.M. prerogative in that particular, which
is reserved to H.M. as well by the Charter as by the constitution
and practice of England; and therefore you may upon the like
occasions acquaint the Councill that it will not be thought fit
that H.M. right of having a negative upon the choice of a Speaker
and of Counsellors be given up. H.M. having repealed an Act
of Connecticut, entituled "Hereticks," we inclose H.M. Order
in Councill of Oct. 11, 1705, for that purpose, which you will
take care may be safely conveyed to the Governor of that Country.
And whereas several of the Quakers here have complained to
us of a paper said to be printed at Boston by authority, entituled,
"The Boston News Letter," dated Oct. 29, 1705, containing
reflections upon their proceedings here in England, we think
it fit to give you this notice that none of that persuasion have
made any application to this Board in reference to New England
otherwise than against the forementioned law entituled
"Hereticks," and that the spreading of false news cannot but
tend to the creating of heats and animosities amongst H.M.
subjects. We observe what you write about the Proceedings
of the Assembly in relation to H.M. Proclamation for settling
the rate of foreign coins in the Plantations, and have represented
the same to H.M. You will do well to continue your endeavours
to convince them of the necessity of complying with H.M.
pleasure therein. H.M. care in that matter is a great instance
of her goodness and her desire of the welfare of her subjects,
which will evidently appear unto them if they reflect that most
contracts and bargains have their original from a demand of
money, and must terminate in payment; that silver is the
standard in proportion to its weight and fineness; that if
adulterated coins be permitted to pass as the standard (above
their intrinsic value) or be alterable at pleasure, it must have
the same effect as a general allowance of false weights and measures,
the consequence of which is deceit and confusion. You are
further to represent to the Assembly that there lies a particular
obligation on them to enforce a due obedience to H.M. commands
herein, for that the regulation of the rates at which foreign coins
are to pass was calculated from a law of their own. We approve
of your requiring the Receivers and Collectors of the publick
revenue to observe the directions of the said Proclamation in
their receipts and payments. You may likewise acquaint the
Assembly that it is absolutely necessary to settle a true and
uniform standard, in order to prevent clipping and coining,
and other deceits in the trade, by crafty and designing men,
by which means fair and honest dealing will be settled among
yourselves, and with your neighbours, and trade established
upon a solid foundation agreable to equity and justice. The
particular interests of some designing men ought not to overballance these considerations. Since the writing of this we have
received your letters etc. of Nov. 1, 2, 3, and 15, 1705, wch. we
shall consider in due time. We observe that you have caused
the old seals of the Massachusets-Bay and New Hampshire to
be broke, but our Secretary in sending you the warrants for using
the new seals having omitted to acquaint you that the old ones
were to be returned so broken, to be laid before H.M. in Council,
we think fit to give you this notice that you may do the same
by the next opportunity. And we have according to your
desire represented the report upon the Mohegans etc. [see
Jan. 24]. Refer to Representation and Order in Council
appointing R. Waldron [see Dec. 20, 1705]. But not knowing
what other vacancies there are in the Council of New Hampshire, we have not at present thought fit to offer that Col.
Hilton and Col. Smith be admitted members; you did intimate
indeed, Aug. 5, 1703, that Nathaniel Fryer and John Ware
were superannuated, but you did not give us any account
whether they had forborn attending in Council, or whether they
had desired to be dismissed. We desire you therefore to give
us a particular answer hereunto, and that for the future we may
be informed of all the vacancies that may happen in that Council
whether by death or otherwise. Sir H. Ashurst having complained
to us that you had refused to admit his couzin, Peter Serjeant,
into the Council of the Massachusets Bay, tho' he was several
years chosen for that place, we desire you to let us know your
reasons. What you have writ relating to the disputes between
the Rhode Islanders and others, concerning the Narraganset
Country, as also the irregularities of Connecticut and Rhode
Island, has been represented to H.M. [C.O. 5, 912. pp. 114–124.] |
Feb. 4.
Whitehall. |
86. Council of Trade and Plantations to Governor Lord
Cornbury. Acknowledge letter of July 8. We have not receiv'd
your letter of Nov. 6, which you referr us to, and therefore we
desire your Lordship upon all occasions to send us duplicates
of all your letters by different conveyances. We have considered
what your Lordship has acquainted us with, upon the Bill for
raising 1,700l., whereupon we observe that the Assembly was very
much to blame in disputing the Councill's amendments in that
Bill, for that the Councill has undoubtedly as much to do in the
forming of Bills for the granting and raising of money as the
Assembly, and consequently have a right to alter or mend any
such Money Bills as well as ye Assembly. In other H.M.
Plantations the Assembly do not pretend to the sole right of
framing Money Bills, but admit of the Councill's amendments to
such Bills, as there may be occasion. No Assembly in the
Plantations ought to pretend to all the priviledges of the House
of Commons in England, which will be no more allowed them
then it would be to the Councills, if they should pretend to all
the privileges of ye House of Lords here. Wee are also of opinion
that the Assembly have committed another error in the preamble
of that Bill, in not granting the money thereby intended to be
raised to H.M., which is more than the Assembly of the
Massachusets Bay under their Charter have presumed to do;
and which need not hinder the Assembly of New York from
appropriating the money so granted to such particular uses as
are found requisit. We do further observe that the penalty
in the last clause of the Bill is of an extraordinary nature, such
as no Assembly any where else ever attempted before. It is
highly presumptious in the Assembly to pretend to propose or
pass any clause, whereby H.M. is restrained in her royal prerogative of pardoning or reprieving her subjects, whenever she sees
it reasonable or convenient. Besides there are divers other
exorbitant severities in it which may occasion law suits and tend
to the distraction of families, of which there has been examples
in New York. The penalty ought rather to have been pecuniary
with imprisonment till the penalty be paid. We desire your
Lordship therefore to acquaint the Assembly with these matters
that they may avoid the like errors for the future. We do
likewise observe to your Lordship that when the Assembly raise
extraordinary supplies for particular uses (which is no part
of H.M. standing and constant revenue), they may be permitted
to name their own Treasurer. And such Treasurer may for such
supplies be made accountable to the Assembly and to the Governor
and Councill also. And such moneys may be issued by warrants
from the Colonells, Captains etc. according to the direction of
the Act, but the Governour ought always to be informed of the
occasion of the issuing of such warrants, and all persons concerned,
whether Colonells, Captains, Treasurer etc., ought to be accountable to the Governour, Councill and Assembly as aforesaid. Now
having given your Lordship an account of what we think amiss
on the part of the Assembly, we hope no occasion has been given
by the Government for any just diffidence, and that your Lordship
has and will lay before them an account of all monies raised
by Acts of Assembly, when ever they shall desire the same, that
upon their being satisfyed with the right application thereof
they may be encouraged to raise further supplies towards their
own support and protection as is expected from them by H.M.,
whereby an end may be put to the demands your Lordship makes
from hence of arms and ammunition for the defence of the country,
it being thought reasonable, that each Colony should make
due provision thereof for themselves. And we further recommend that such moderate and perswasive means be used by
your Lordship with the Assembly, that H.M. subjects in that
Province may not be deprived of the succours that are necessary
for their preservation. We are glad your Lordship[s] is preparing
to send us the Minutes of the last Assembly, but as we have
receiv'd none from your Lordship, we desire that we may have
fair transcripts of all Minutes of Councill and Assembly, and of
all other publick Proceedings since your Lordship's Government.
Two friggats [see Dec. 6, 1705], having some time since been sent
to attend the service of New York, we doubt not but they will
be sufficient to protect the coast of New York from the French
privateers. The account of stores of warr expended at New
York your Lordship has sent us is not so particular as it ought
to have been, for by that we cannot tell what stores are remaining,
and therefore cannot ask for any to be sent till we know the
particular of what is wanting, and that your Lordship may be
the better enabled to give us such an account as will be necessary,
we send you here inclosed a copy of H.M. letter to you, which
we forwarded to your Lordship March 26 last, by which you will
perceive what sort of account it is H.M. expects. Unto which
we are to add that the Province of New York ought to provide
towards its own security by giving such necessary funds (as is
done in other Plantations), for furnishing the inhabitants with
arms, as there may be occasion. And therefore your Lordship
will do well to represent this matter to ye next Assembly. And
we must caution your Lordship that none of the publick powder
be spent in unnecessary salutes. It being thought fit that the
respective Plantations should provide themselves with Statute
Books and such small necessaries where they are wanting, we
have acquainted Mr. Sloper, your Lordship's Agent, therewith.
The new Seal for the Province of New York was sent to your
Lordship by Col. Nott. We have now under consideration an
Act we received from Col. Lodwick, declaring the illegality of the
Proceedings against Col. Bayard and Alderman Hutchins etc.,
which has no date to it, nor is it signed by your Lordship, so
that it does not appear when it was past; whereupon we must
remind you of what we have formerly writ, vizt., that all Acts
ought to express the year of H.M. reign, in which they are pass'd,
and also have the time when they pass'd the Assembly set down
at the bottom, as well as the time when they pass'd the Councill
and received your Lordship's assent, which we desire your
Lordship therefore to be mindfull of for the future. H.M. having
thought fit to send Capt. Rednap to succed Col. Romer for the
finishing and repairing the forts and fortifications in New England
and New Yorke, and Rednap having been some considerable
time already in New England, your Lordship may, so soon as
he shall have finished his work there, send for him to attend
the service of New York. P.S.—You are to return the old Seal
to us, broken, by the next opportunity. [C.O. 5, 1120. pp. 384–392.] |
Feb. 7.
St. James's. |
87. Order of the Queen in Council. Repealing Laws of
Pennsylvania, upon Representation of Jan. 17 last. Signed,
John Povey. Endorsed, Recd. Read Feb. 26, 1705/6. 2¾ pp.
[C.O. 5, 1263. No. 64; and 5, 1291. pp. 332–335.] |
Feb. 7.
St. James's. |
88. Order of the Queen in Council. Representation of
the Council of Trade and Plantations of Jan. 10, relating to the
misfeazances of the Proprietary and Charter Governments, is
to be sent to Mr. Secretary Hedges to receive H.M. further
pleasure, the matter contained therein being proper for the
consideration of the Legislature. Signed, John Povey.
Endorsed, Recd. Read Feb. 12, 1705/6. 1 p. [C.O. 5, 1263.
No. 60; and 5, 1291. pp. 320, 321; and (with copy of Representation enclosed) 5, 3. Nos. 24, 24.i.] |
| Feb. 7. |
89. Mr. Jackson to Sir C. Hedges. Duplicate of No. 74.
Endorsed, R. March 13, 1705(6). [C.O. 194, 22. No. 59.] |
Feb. 8.
Treasury Chambers. |
90. W. Lowndes to Mr. Popple. The Lord Treasurer refers
enclosed petition to the Council of Trade and Plantations for
their opinion. Signed, W. Lowndes. Endorsed, Recd. Read
Feb. 12, 1705/6. Addressed. 1 p. Enclosed, |
|
90. i. Thomas Byerley to the Lord High Treasurer. Whereas
the Governor of New York has made an Order in Council
that H.M. thirds of all seizures condemned in that
Plantation shall be applyed to defray the charges of
prosecution, and the Commissioners of H.M. Customs have
lately signified to Petitioner that he ought to be accountable for the same before them, notwithstanding he has duly
entred the same in his account laid before your Lordship;
and whereas he is obliged by his office to prosecute
all seizures, notwithstanding the greatest part of them
are of so small value as not to defray one moyety of
the charge of prosecution, and whereas disputes frequently
happen by reason of preferences made and extraordinary
orders for payment of money, Petitioner prays that
Instructions may be given herein. Copy. 1 p. [C.O.
5, 1049. Nos. 3, 4; and 5, 1120. pp. 394–396.] |
Feb. 8.
Whitehall. |
91. Council of Trade and Plantations to the Committee
of the House of Lords. Enclose documents required, No. 77.
[C.O. 29, 10. pp. 26–31.] |
| [Feb. 8.] |
92. Petition of the Agents of Barbados to the House of
Lords. Pray to be heard by Council in reply to Mr. Kirton etc.
(Jan. 25). 1¼ large pp. Set out, House of Lords MSS., VI.
pp. 373, 374. [C.O. 28, 9. No. 32.] |
Feb. 9.
Whitehall. |
93. W. Popple to Lt. Moody. Encloses copy of soldiers'
Reply, No. 79.i. You are to take the affidavits of such of the soldiers
lately come from Newfoundland as may be in London, before a
Master in Chancery, as to the truth thereof, or to anything else
they may know as well in relation to Newfoundland as to Capt.
Lloyd. [C.O. 195, 4. pp. 192, 193.] |
Feb. 9.
Whitehall. |
94. W. Popple, jr., to Governor Nott. Since writing,
Feb. 4, the Council of Trade and Plantations have received yours
of Dec. 24, but have not time at present to answer by reason of
the departure of the ships. [C.O. 5, 1361. p. 440.] |
Feb. 9.
Whitehall. |
95. W. Popple to Governor Lord Cornbury. Encloses
packets for Col. Dudley; and acknowledges letters of July 13,
Nov. 20, 26, and 27, received since Feb. 4. The Council of
Trade and Plantations have not time by reason of the departure
of the ships to answer the same; they intend to do it by the first
oppertunity. [C.O. 5, 1120. pp. 393, 394.] |
Feb. 9.
Whitehall. |
96. W. Popple to Isaac Addington. Acknowledges letters.
[C.O. 5, 912. p. 125.] |
Feb. 11.
Boston, New England. |
97. Mr. Nelson to Mr. Popple. Encloses following to be
laid before the Council of Trade and Plantations. It is of great
import to all Gentlemen of honor, loyalty and distincktion in
this Country, as allsoe to the good establishment of the Church,
and being informed of the endeavors of a ffaction who are buisie
to reinstate themselves into the Govermt., I have for H.M. service
thought it necessarie to inclose the case of our present Governor.
The tranquillitie of this Country, joyn'd with ye honor and interest
of the Crowne here, cannot in our apprehentions be better
preserv'd then under his conduct etc. Signed, J. Nelson.
Endorsed, Recd. Read Aug. 8. 1706. 2 pp. Enclosed, |
|
97. i. The case of Governor Dudley. After 9 years' service
in the Isle of Wight, as Lieut. Governor, to a great
expence of his own, he was appointed Governor of the
Massachusets and New Hampshire by King William III.
His Commissions were renewed by the Queen.
The 4 great seales and his necessary equipage
amounted to 1,300l. sterl. when he came away. In the
4 years of his government he has received of the
Massachusets Province 1,400l. sterl., which will not
pay him his advance and find him a stable to put his
horses in. During these four years his annual expence,
house rent, servants, horses and a table amounts to
700l. per annum. For the whole time of his administration hee has been in warr with the Indians, and by the
confession of all the People, the Indians were never before
so well kept off, or distressed and putt from all their
castles, planting and hunting, being removed some
hundreds of miles distance. There was never any
complaint offered against him but that which displeases is his care and attendance on the Church of
England, the strict pursuit of H.M. commands, for
the setling sallarys, the rebuilding of Pemmaquid and
the care of the Acts of Trade. Refers to his Reports
upon the Mohegin Indians and the government of Rhode
Island, which have greatly displeased the Governments
of Connecticut and Rhode Island. If he be now removed,
without any complainte againste him, it will be to his
very great damage and loss of his paste expences, being
therein greatly hurte in his estate and honour, etc.
to the great satisfaction of those two Governments etc.
2 pp. [C.O. 5, 864. Nos. 72, 73.] |
| Feb. 12. |
98. Navy Board to [? the Admiralty]. In reply to enquiry
about Naval Stores, quote their Report of May 22, 1703, q.v.
2 pp. [S.P. Naval, 7. Under date.] |
| [Feb. 12.] |
99. Copy of Report of the Committee of the House of
Commons on the Trade of Newfoundland. See Journal of House
of Commons, Feb. 12, 1705/6. Endorsed, Recd. March. 19, 1705/6.
7½ pp. [C.O. 194, 3. No. 145.] |
| [Feb. 12.] |
100. Mr. Roope to the Council of Trade and Plantations.
The men sent over this yeare to relieve ye Company in Newfoundland are many of them greene and rawe, wch. may occation
ye death of severall. Proposes that 30 be sent yearly as a reliefe
etc. Signed, John Roope. Endorsed, Recd. Read Feb. 12,
1705/6. Holograph. 1 p. [C.O. 194, 3. No. 111; and 195,
4. p. 194.] |
| Feb. 12. |
101. Same to Same. If there should be a Governour
settled at Newfoundland it will prove fatal to the inhabitants
and the fishing ships. For whatever injustice he doeth committ
is nott easyly redressed. For the fishermen, as in all other trades,
have butt litle more yn. ordinary bread, so yt. those poore men
cannott spare time, nor indeed ye expences of a voyage hither
to gett justice against a designeing Governour, who still will get some
of those ignorant people, some by threats, some by faire promises
and falce storys, others by being made drunk, to signe, nay
sweare something in his favour (as I believe yr. Lordships to
plainely see in these two last yeares) and yn. cleare himselfe, and
after yt. plague them tenn times woerse. And as [to] wt. is
suggested by Mr. Moody, yt. ye inhabitants would nott watch,
they desired to watch as they did in ye 2 foregoing winters, and
yt. he would nott agree too, butt stood to his first proposall of
haveing ye inhabitants to watch in ye fort onely. Proposes
that in the winter the people retire to places of strength within
their respective divition, bringing with them all their provitions
and effects, except those yt. bona fide are gonn a hunting or have
leave to goe to some remote place to saw boards, butt neither
one nor ye other to carry their familys with ym. That they
render themselves to sd. fortresses some time in 8ber, and every
yeare on Sept. 20 choose one among themselves to have a power
like yt. of a corporate town, and 6 others to succeed in case of
mortallity; yt. those yt. cannott be present att ye election may
send theire vote in writeing; and allso before ye shipps depart
there be a Militia setled by like election, ye Chiefe Officer of
wch., on advice of ye approach of ye enimy to followe ye direction
of ye Commander of ye Garrison in point of defence, butt nott
to be sent out of muskett shott of ye fortress; that all the
Commanding Officers be yearely relieved from England, and yt.
they be all independent one of another; that there be a good,
sober and well approved Minister yt. is nott given to drink setled
in each place. 2¼ pp. [C.O. 194, 3. No. 112; and 195, 4.
pp. 195–198.] |
| [Feb. 12.] |
102. Duplicate of above with addition:—As to what is
complained offe yt. the fishing Admiralls engross all ye inhabitants'
fish, it is the Amerricans who do not fish, but sell rum from
harbour to harbour etc. Presented to the House of Commons,
Feb. 2. Signed, John Roope. Endorsed, Recd. Read Feb. 25,
1705/6. 3¼ pp. [C.O. 194, 3. No. 118; and 195, 4. pp. 213–218.] |
| Feb. 13. |
103. (1) Affidavit of S. Paynter. Mr. Jones disturbs
the course of Justice in Bermuda. He did not come to return the
panel at the Quarter Sessions, and after waiting 2½ hours the
Sessions had to be dismissed. The prison doors are set open
all day, and prisoners like Mr. Nelson might escape if they pleased.
Mr. Jones suffers Mr. Starr and Mr. Woodward to go at large,
tho' the Governor told him to secure them, etc. Signed, Stephen
Paynter. |
|
(2) Similar affidavit, signed, Lewis Johnson. |
|
(3) Similar affidavit, signed, Nathaniell Trout (mark). |
|
The whole endorsed, Recd. from Mr. Nodin Feb. 18, Read
March 4, 1705/6. 3 pp. [C.O. 37, 7. Nos. 14–16.] |
| [Feb. 13.] |
104. Extract of Report of Committee of House of Commons.
That there be six convoys of 4th rate shipps of warr yearly for
Newfoundland, etc. Endorsed, Recd. from Mr. Blathwayt
Feb. 13, 1705/6. ½ p. [C.O. 194, 3. No. 113.] |
Feb. 14.
London. |
105. Committee of the Proprietors of the East Division
of New Jersey. Refer to their application [1705] that their
Agent, Peter Sonmans, might be of the Council, and the
subsequent filling up of the Council. Mr. Sonmans arrived
in New Jersey six months since and acquainted H.E. with his
Commission for Agent, Genll. Attorney, etc., who received him
with great kindness. His Commission was read and allowed
by the Governour in Councill in August last. Yet some of the
unruly Scots and those of their faction, who are the informers
of the memoriallists here against the Lord Cornbury, opposed that
Commission, pretending they had the majority of the Proprietors'
power in them to constitute the Generall Agent. H.E. appointed
a day for the parties to appear. The Pretenders were not able
to prove their authority to exceed one Propriety and three
quarters to support their pretended majority of 24 (the original
number of Proprietors). Mr. Sonmans proved his Commission
to be above 6 times of more authority then theirs etc. The
Governour and Councill therefore confirmed it before a very
great audience of the Country to their great satisfaction, and
ordered it to be enter'd on record, H.E. also declaring that he
had orders by his Instructions from H.M. to admit the Proprietors'
Agent to be of his Councill, and did expect that Mr. Sonmans
had brought the Queen's letter of approbation with him. Yet
were these factious Pretenders so perverse and insolent as to
incite one Barclay, a Scotch man, to persist in receiving the
Quit-rents etc. of the Proprietors, he being one of their tools,
to whom they had presumed to give a Commission to be Receiver
Generall. Barclay resisted Mr. Sonman's Commission, until
H.E. issued out a Proclamation to make void his pretended
authority etc. Pray that Mr. Morris may be dismissed from the
Council and Mr. Sonmans ordered to be admitted to it by this
convoy. Signed, Wm. Dockwra, Sec. and Reg. Endorsed,
Recd. Read April 24, 1706. 2¾ pp. Fully set out, N.J.
Archives, 1st ser. iii., 129. [C.O. 5, 970. No. 38.] |
Feb. 14.
London. |
106. W. Sloper to the Council of Trade and Plantations.
Reply of Lord Cornbury's Agent to the memorial of the
Proprietors of West Jersey. Signed, Wm. Sloper. Endorsed,
Recd. Read April 24, 1706. 5 large closely written pp. Set out,
N.J. Archives, 1st. ser. iii., 133. [C.O. 5, 970. No. 39.] |
| Feb. 14. |
107. Council of Trade and Plantations to the Queen.
Representation on needs of Newfoundland. See Acts of Privy
Council, II. pp. 500–504. Repeat in part Representation of
July 13, 1705. [C.O. 195, 4. pp. 199–207; and 194, 22.
No. 60.] |
Feb. 14.
Kensington. |
108. Order of Queen in Council. Six ships are ordered
for the Newfoundland convoy and provisions for the garrison etc.
See Acts of Privy Council, II. pp. 500, 501. Signed, John Povey.
Endorsed, Recd. Read Feb. 26, 1705/6. 1½ pp. [C.O. 194, 3.
No. 114; and 195, 4. pp. 218–221.] |
Feb. 14.
Kensington. |
109. Order of Queen in Council. Necessaries ordered for
the Company at Newfoundland. Set out, Acts P.C., II. p. 501.
Signed and endorsed as preceding. 1½ pp. [C.O. 194, 3. No. 115;
and 195, 4. pp. 221, 223.] |
Feb. 14.
Kensington. |
110. Order of Queen in Council. The garrison at St. Johns
to be made up to 200; prisoners at Placentia exchanged; Militia
Officers to be constituted in the several harbours to enlist the
inhabitants; officers of the Garrison and the Prize Officer
prohibited from trading. See Acts P.C., II. 502–504. Signed
and endorsed as preceding. 2 pp. [C.O. 194, 3. No. 116; and
195, 4. pp. 224–227; and 194, 22. No. 61.] |
Feb. 14.
Kensington. |
111. Order of Queen in Council. Stores of war ordered
for St. Johns. See Acts P.C., II. p. 502. Signed and endorsed
as preceding. 2 pp. [C.O. 194, 3. No. 117; and 195, 4.
pp. 228–230.] |
| Feb. 14. |
112. Copy of Mr. Jenning's Patent to be Secretary of
Virginia, Aug. 12, 1702. Countersigned, Wright. Endorsed,
Recd. from Mr. Corbin. 1½ pp. [C.O. 5, 1315. No. 8; and
5, 1361. pp. 440–442.] |
Feb. 14.
Berwick in the Province of Mayne. |
113. Gentlemen concerned in providing masts to the
Council of Trade and Plantations. Notwithstanding the heavy
warr that is upon us by the French and Indians, such has been
the care and conduct of the Governour, that the Indians in all
the parts near us are beaten and burnt out of their forts, and
their hunting and fishing destroy'd to that degree that the
husbandry and masting of this Province is secured and proceeds
to as good effect as in time of peace, and we have at no time
desired guards for the labourers about the masts, nor Garrisons
for the husbandry, but the Governour has immediately taken
care therein, and more often prevented us in our demands than
otherwise, so as the Province has been better defended than in
any our troubles heretofore. Pray for the continuance of his
Government etc. Signed, Ichabod Plaisted, Winthrop Hilton,
Richard Hilton, Ezek. Wentworth, Saml. Chesley, Philip Chesley.
Endorsed, Recd. May 31, Read June 1, 1706. Addressed. Sealed.
1 p. [C.O. 5, 864. No. 62; and 5, 912. pp. 149, 150.] |
