1535. Mr. Borrett to Mr. Popple. When directions were
first given for prosecuteing the Proprietors of Carolina and the
Bahama Islands, Privilege of Parliamt. was in force, which
continued till after Easter Terme, 1707, that in Trinity terme
last (Privilege being out) two informations in nature of Quo
Warranto's (which had been prepared and setled long before
by Sir E. Northey, and Sir Simon Harcourt) were filed in the
Crown Office, and I took out process that terme against all the
Defts. in both informations returneable in Michmas. terme last,
but could not have returnes from the Sherriff, Privilege being
then in againe, and was threatned to be of for sueing out the
writts returneable in time of privilege, which continued till the
midle of Easter term last, that so soon as the Privilege was out
againe, I called of the Sheriff for the return of the writts, who makes
a doubt whether he can return them, but I shall either have returns
of those writts, or of the writts renewed, and made returneable
this present terme, so that no time shall be lost. I desire to speak
with Mr. Boone, etc. Signed, W. Borrett. Endorsed, Recd.
Read June 11, 1708. 1 p. [C.O. 5, 1264. No. 40; and 5,
1292. pp. 52, 53.]
1536. Persons proposed by Capt. Gookin as sureties for
his observance of the Acts of Trade and Navigation as Lt. Governor
of Pennsylvania:—William Penn, jr., Esq., of Smith Streete,
Westminster, and Richd. Standfast, bookseller, of Westminster
Hall. Endorsed, Recd. Read June 11, 1708. 1 p. [C.O. 5,
1264. No. 42.]
1537. Council of Trade and Plantations to the Earl of
Sunderland. Enclose letter from the Governor and Company
of Rhode Island to H.M. [C.O. 5, 1292. p. 52.]
1538. Agreement of the German Refugees, impowering
Joshua de Kocherthal to receive and distribute equally amongst
them of H.M. bounty (June 8). Dated June 9 and 11. 5 of
those named April 26 affix their marks. Melchior Gulch signs
apparently Hilg. Other discrepancies of spelling. Endorsed,
Recd. Read June 14, 1708. 1½ pp. [C.O. 5, 1049. No. 68.]
1539. W. Popple, jr., to Mr. Solicitor General. Encloses
copies of Acts of 15 Charles II for the encouragement of trade and
7 and 8 Wm. III. for preventing frauds and abuses in the Plantation Trade, as also copies of clauses in Governor Crowe's Instructions. Upon consideration of Mr. Samuel Cox's complaint, the
Council of Trade and Plantations desire your opinion, (1) whether
by the fore-mentioned Acts, the power of appointing the Naval
Officer be vested solely in a Governor of the Plantations exclusive
of the Crown ? (2) In case the sole right be in the Governor,
yet the said office being full by virtue of Letters Patents from
the Crown granted and enjoyed during the time of two preceding
Governors, which is the case of Mr. Cox, whether the present
Governor can dispossess him of the said office, without any crime
or mismanagement alledged against him ? or whether the right
of the Governor accrues only in case of vacancy during his
Goverment? [C.O. 29, 11. pp. 230–232.]
1540. Wm. Brook, of London, Mercht., to the Council of
Trade and Plantations. Presents petition of John Hallet to be
appointed to the Council of Barbados, there being a vacancy by
the death of Col. Tobias Freere. He is a person of good substance,
sober life, well-affected to H.M. and now serving as Col. of one of
the Regiments there. He was formerly put in upon a suspension
of one of the Councill, and is now upon the list of persons recommended to supply vacancys, etc. Endorsed, Recd. Read June 11,
1708. ¾ p. [C.O. 28, 11. No. 7; and 29, 11. pp. 232, 233.]
1541. Lt. Governor Bennett to the Council of Trade and
Plantations. As in mine of Feb. 10 I have now sent by Col. White
an account of what number of inhabitants there are in these
Islands, whites and blacks, and also the whole number of the
militia, and that Gentleman is to acquaint your Lordps. the
number of sea-faring men. Also is now transmitted Journalls
of the Assembly from Feb. 12, 1706 to March 2, 1708, soe that
I presume your Lordps. now have them compleat dureing my
Government to that time. I have likewise now sent the Navall
Officer's lists of vessells entring and clearing from Oct. 1, 1705
to April 4, 1706, which, with those before returned, I conclude
are all from my arrivall to that date. Also is herewith sent Capt.
Jones his accts. as Secretary and Provost Marshall, wherein your
Lordps. may see that he received the rent of one of the three
shares of land as Crown land in the possession of Mrs. Sarah
White, altho he charges me in Article 31 with receiveing the whole.
Also is now transmitted Mr. Davis his accts. as Treasurer, 1701—June 24, 1703, and Capt. John Tucker, who succeeded him, has
orders forthwith to bring in his accts., which, when audited, shall
be transmitted, soe that I hope in a little time to have complyed
with everything required of my by my Instructions, and will take
all the care I can for the future to be more regular in observance
of them than was possible for me to have been for the time past.
In Mr. Davis his accts. of the receipts of the rents of the publick
land, your Lordps. may see that he received what rent was paid
by Capt. Jones his tenants for land belonging to him as Provost
Marshall, from after his suspension to the time of Mr. Davis
his makeing up his accts. and gives the Crown credit for it, as if
it had belonged to the same. The truth of which is verifyed by
Mr. Davis his now inclosed affidavit, soe that, my Lords, I think
and hope it is convinceing by Mr. Minor's certificate and the
Treasurer's oath, that I had noe thought of makeing any benefit
to myself by suspending Capt. Jones, when I never knew nor
enquired after the perquisites of the Secretary's Office nor recd.
noe advantage thereby, nor soe much as for two years knew
what land was appropriated to him as Provost Marshall. I have
herewith again sent the tryal of Thomas Dunscomb (who went
over with and appeared for Capt. Jones att the hearing before
your Lordships on June 9, 1707). He was indicted for abuseing
the Rev. Mr. Thomas Holland, Rector of St. George's. In my packet
of Feb. 10, I sent a list of H.M. Council here, etc. But since that
Capt. Thomas Jenour, a Member thereof, is dead, and Capt.
Harford soe aged, infirm and almost blind that it's concluded
he will never be in a position to attend that service any more,
therefore I have now sent a list of H.M. present Council and
recomended eight persons etc. On the last day of Feb. a ship
of about 400 guns, called the John—belonging to London, Capt.
Samuel Creake Commander, run on the sholes of the Norwest
part of these Islands, where she stuck fast and bilged. But the
Master, by timely assistance, saved what was in her and all her
rigging and sails; she was bound to Virginia. On March 25
arrived here a ship in distress from Bristoll, called the Lyon,
of about 300 tuns and 16 guns, Capt. William Edgeley, Commander,
and upon a survey she was found incapable to proceed on her
intended voyage to Virginia, and was accordingly condemned in
the Admiralty to pay seamen's wages. On June 10, via Barbados,
I recd. your Lordps.' of Dec. 30 with H.M. letter requireing the
Council here diligently to attend her service, which has been read
att the Board, and entred into the Council's Books. Refers
to enclosures by Col. Day. I also would have transmitted to your
Lordps. copys of the proceedings both att Law and Equity about
that house and ground, but they being soe very long that it was
not possible to have them transcribed in time, besides I presume
they may be in the Office, having been twice sent. P.S.—A
small sloop from Virginia hath lately been condemned here for
bringing some tobacco, for which the Master had noe certificate,
the whole proceedings shall be transmitted in my next. Signed,
Ben. Bennett. Endorsed, Recd. 24th, Read 26th Aug., 1708.
Holograph. 4 pp. Enclosed,
1541. i. Lt. Governor Bennett to the Lord High Treasurer.
June 20, 1708. I have no objection to H.M. granting
the house and land to Sir T. Day etc. referred to July 31,
1707. Signed and endorsed as preceding. Holograph.
1541. ii. A List of the Council of Bermuda. Gentlemen
recommended for vacancies:—Col. Francis Jones and
Major Henry Tucker in addition to the 6 recommended
Feb. 10, 1708. Signed, B. Bennett. Endorsed, Recd.
Aug. 24, 1708. Holograph. 1 p.|
1541. iii. Account of ordnance-shot in Bermuda. Endorsed as
preceding. 1 p.|
1541. iv. Deposition of John Davis. Lt. Governor Bennett
did not claim or receive any rents from the lands appropriated to Capt. Jones whilst deponent was Treasurer.
June 22, 1708. Signed, Jno. Davis. Same endorsement.
1541. v. Duplicate of No. 1525.|
1541. vi. Trial of Thomas Dunscombe. Quarter Sessions,
July 18, 1706. Fined 40s. for threatening and abusing
the Rev. Thomas Holland, minister of St. Georges. Same
endorsement. 1 p.|
1541. vii. Mr. Jones' Accounts of powder received by him
1705–Aug., 1706. Same endorsement. 3¼ large pp.|
1541. viii. Mr. Jones' account of money received and paid by
him 1705, 1706. Same endorsement. 2¼ pp.|
1541. ix.–xi. Accounts of John Davis, Treasurer, 1701–1704.
Same endorsement. 27, 13 and 25 pp.|
1541. xii. Accounts of George Tucker, Provost Marshal,
Dec., 1706—March, 1708. Same endorsement. 27 pp.
[C.O. 37, 8. Nos. 70, 70.i.-xii.; and (without enclosures)
38, 6. pp. 416–424.]|
1542. Minutes of Assembly of Barbados, Dec. 3, 1707.
Address to H.M. voted nem. con., returning thanks for the dismissal
of Wm. Cleland and John Holder, etc. 2 pp. Endorsed, Recd.
(from Mr. Tryon) 14th, Read 22nd June, 1708. 2 pp. [C.O.
28. 11. No. 9.]
1543. Mr. Bradshaw to the Council of Trade and Plantations.
Mr. Robert Barron repeats his application to be paid the arrears
of glebe lands in Bermuda, the Lt. Governor having made him
no satisfaction in response to the Board's letter, 1707, etc. Signed,
J. Bradshaw. Endorsed, Recd. Read June 15, 1708. 1 p. [C.O.
37, 8. No. 52; and 38, 6. pp. 337, 338.]
1544. W. Popple, jr., to Mr. Burchett. Desires a copy of
Capt. Rich. Whitebourn's commission, 1615, to enquire into
disorders on the Newfoundland coast, etc. [C.O. 195, 5. pp. 56,
1545. Council of Trade and Plantations to the Queen.
Representation upon complaints as to proceedings upon escheats
in Jamaica (cf. April 15). Quote affidavit of Capt. Jones, June 7,
and Mr. Whitchurch. We do not find that Governor Handasyd's
Instructions require him, as he says, to grant escheats to informers,
but on the contrary to await your Majesty's directions. Till
we have heard what the Governor has to say in justification of
such his proceedings, we cannot determin whether they have
been well or ill grounded, therefore we shall only offer that, tho'
the Governor is by his Instructions, and the trust reposed in
him, required by all lawfull ways to maintain your Majesty's
just right and title to escheats and forfeitures, and tho.' the party
agrieved by any judgment or sentence given therein, is releivable
upon an Appeal, yet ought the Governor in our humble opinion
to avoid giving incouragement or countenance to groundless
and vexatious suits against any of your Majesty's subjects there
on account of such escheats or forfeitures, as complained of by
the Petitioners, to the disquieting the minds of your Majesty's
said subjects, a due protection and quiet enjoyment of whose
property is absolutely necessary to the well carrying on the
trade of that Island so very beneficial to this Kingdom, in order
whereunto we humbly propose that on this occasion your Majesty's
pleasure be signifyed under your Royal sign manual to the said
Governor not to proceed against, or molest the petitioners, or any
other of your Majesty's subjects there on account of escheats
or forfeitures of lands or negroes, without good and sufficient
grounds for his so doing; and that whenever any lands or
negroes shall be adjudged escheat or forfeit to your
Majesty, he be required, under pain of your Majesty's
displeasure, strictly to observe his Instructions in forbearing
to make any grant thereof, till he shall have given to your
Majesty an account of all escheats etc. so adjudged by the first
opportunity and have received your Majesty's pleasure thereupon.
If this method be duly observed it will answer the petition, as
the petitioners have declared, for thereby all your Majesty's
subjects of Jamaica may have a better opportunity either of
making good their titles to their lands and negroes upon a full
tryall there, or of having recourse to your Majesty's Royal goodness
and favour for relief here, as occasion may require. The Governor
to stay proceedings and forward a state of the case of Capt.
Samuel Jones, etc., as set out, Acts of Privy Council, II. pp. 549,
550. [C.O. 138, 12. pp. 265–272.]
1546. The Earl of Sunderland to Governor Crowe. Acknowledges letter of March 1st etc. Your care in putting the Island
into a posture of defence and in exercising the Militia is very
commendable, and I am glad you were so easily freed from that
alarm, which may have a good effect in being a warning to you
to be upon your guard against any real attempt of the enemy
if they should make one. As to Mr. Sharpe and the other
Councellors you have displaced, I must refer you to H.M. letter
of Jan. 24 last etc., and hope that you have obeyed H.M. pleasure
therein declared. I doubt not but you will receive from the
Council of Trade full answers to your letters to them, but I cannot
forbear taking notice of your proceedings in relation to Mr. Cox,
the Naval Officer in your Island, but hope you will for the future
show greater regard to H.M. Patent, which is the title by which
you yourself hold your place. Signed, Sunderland. [C.O. 5,
210. p. 99.]
1547. Same to Governor Handasyd. I have received yours
of March 31 etc. and thank you for the accounts you give me of
M. Ducasse's squadron. You did well in supplying Capt. Wager
with what men you cou'd spare, and I heartily wish he may have
the success you encourage us to hope for. I am glad your people
find means to trade with the Spanish coast, and doubt not but
you will give them all possible encouragement in it, to which
the disapointmt. of the late intended French invasion will probably
contribute, since the Spaniards will thereby know how little
likelyhood there is of their being supported by a power that have
so lately suffered so great a disgrace in an attempt of that
consequence; this you will improve as you have opportunitys
of sending to the Spanish West Indies by endeavouring that the
good news be spread among them as much as possible. Your
care of H.M. Prerogative and the rights of her subjects in not
passing an Act you apprehended to be so prejudicial to both,
is much to be commended, but I cannot say anything further
on that head till I have seen the Act and layd your letter before
H.M., which I will do with the first opportunity, and must beg
leave till then to defer answering the remaining heads of it about
a Chief Justice, the Naval Officer etc. Signed, Sunderland.
[C.O. 5, 210. p. 100.]
1548. The same to Governor Lord Cornbury. I have
received your Lordship's of Nov. 29, etc., which I shall lay before
H.M. with the first opportunity. H.M. having thought fit to
appoint my Lord Lovelace to succeed you in the Governmt. of
New York and New Jersey, you will soon have occasion yourself
to give H.M. a full account of the state of those provinces and
of your proceedings there. I heartily wish your Lordp. a safe
passage etc. Signed, Sunderland. [C.O. 5, 210. p. 101.]
1549. Same to Governor Parke. I have received yours
of March 7, and am very sorry to hear of any misunderstanding
between you and Col. Codrington, or any one else, but hope your
own prudence and temper will overcome those difficultys. I
know of no better way to secure you in your post than by a
ffaithful and diligent discharge of your trust. I think you did
no more than your duty in obeying my Ld. Treasurer's Orders.
As to the Brigadeer's commission, I doubt not but my Lord
Duke of Marlborough will do you justice, and you need not
despair of any friendship or good offices that you can reasonably
expect from me. Signed, Sunderland. [C.O. 5, 210. pp. 101, 102.]
1550. Same to Mr. Bridger. I received yours of March 10,
which is referred to the Council of Trade, from whom you will
receive directions etc. Signed, Sunderland. [C.O. 5, 210. p. 102.]
1551. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letter of Jan. 29, H.M. Privy Seal
as to suspending Councillors, and two Orders in Councill repealing
the late Quartering Act, all which shall be duly observed. As
to what I writt to your Lops. in relation to the privateers, which
you were informed had committed irregularitys on the Spanish
coast, the informer I did suppose to be Commadore Kerr, whose
behaviour I gave you a full account of Aug. 29, 1707. Reports
that happen are not to be taken notice of, except from good
hands, for where there is one true, 100 prove to be lys, so that
I am sure our people's correspondents in England will never want
news. As to the Minutes of the Assembly, I am very glad H.M.
Governors in other Islands do find their Assemblys so compliable
to their commands; but for my part the Gentlemen of this Island,
I must say, I never found ready to obey either the laws of God
or man; and notwithstanding I have shown them H.M. Order as
well as your Lops.' to this purpose, yet I could never get any minutes
from them but by scraps: to discourse with them apart they seem
as honest Gentlemen as can be, and ready to comply with every
thing required of them, but when they get together in the House,
they join in the doing every thing that is the contrary; if they
were any other people but the Representatives of a Country,
I could deal well enough with them, and not give your Lops.
this trouble, let the ffate of it prove what it would. The Minutes
of the Councill I hope your Lops. have no reason to find fault
with. As to what relates to the Prize Office, I have constantly
ordered the Prize Officers to send an account from time to time,
and I hope their neglect cannot be looked upon as a crime of mine.
I must say, I have had greater plague with the captors of prizes
and the Prize Officers, than with any thing in the Island, except
the Assembly. Since I came into this country, which is now
7 years past, and particularly since I have been in the Government, I have never eat the bread of idleness, but most part of the
time the bread of affliction, and there is nothing in the world
falls so heavy on me as the having a check from my Superiors,
when I have faithfully endeavoured to do everything, to the best
of my knowledge, for the good of H.M. service, and the welfare
of Great Britain. As to the Spanish trade, we have severall
sloops now upon the coast, but trading is very dull, to encourage
and support it, I have not been wanting either in my advice
or my purse, the latter I have been very unfortunate in, having
lost in the Neptune sloop above 3,300l., and in a Guinea ship
near the same summ: I had an eighth part of a 50 gun ship,
that was fitted out to destroy the French privateers, and she also
failed, these losses with that in the Royall Mine and other matters
have proved almost the ruine of my family. As to the account
your Lops. could have of the Patent Offices, I shall by the next
packett be sure to give you the best insight into them I can. I
enclose a Proclamation lately issued out here by the Councill
and me, which I had much ado to prevail with the Councill to
consent to. It will prove greatly to the advantage of H.M.
Revenue, by adding to it the Quitt-rents, I hope, of 1,000,000
acres of land, and I do not doubt but your Lops. will approve of
it. Here are arrived in this packett-boat 76 recruits. I writ
by former packetts to recommend to you for the Councill, in
the room of Col. Sadler decd., and Coll. Lowe absent, Col. Brodrick
and Capt. Oldfield, but Col. Lowe intending shortly to come over,
do desire that Capt. Oldfield may supply the place of Major John
Ascough, one of the Councill, who is gone to Great Britain with
a design not to return; I received no answer from your Lops.
to my former recommending them, but do understand that some
Gentlemen of this country now in great Britain have endeavoured
to oppose it on a pretence that they were not men of sense,
fortune or integrity. To which I do averr that they are both
men of sense and good fortunes in this country, and are not to
be byassed to do anything unjust; and I must say that if it is in
the power of the people here to make their own Councill as well
as their Assembly, it will not be then in the breast of any Governor
to have justice done to the Queen or Country. I have now but
8 Councellors here and severall of them are sick or bedrid with
the gout, so that I shall hardly be able to make a Councill upon
occasion, and as to appeals, there can be none, most of the old
Councellors being Judges or Factors for the Guinea Company.
I have advice from an English man, by name John Bernard,
that has lately made his escape from the Havanna, that there are
in that harbour 35 sail of merchant ships and 5 men of war, all
French ships with mony on board, and one galleon that has been
there these two years, they expect 3 men of war from La Vera
Cruz, that are waiting there to convoy the flotta, he says the
sailors are very sickly, and that Monsr. Du Cass had been 9 days
indisposed when he came away, he further informs that he saw
the two Regiments of Marines that belong to Monsr. Du Cass's
squadron, and counted the men, and that they consisted of no
more than 350. After severall consultations between Commadore
Wager and me, which were the properest places for him to lie
in to meet with the galleons, he has at last had the good ffortune
to fall in with them (see enclosure). We hourly expect Mr. Wager
in, and then I shall be able to give your Lops. a more particular
account of this matter. Signed, Tho. Handasyd. Endorsed,
Recd. 2nd, Read 4th Aug., 1708. 4½ pp. Enclosed,
1551. i. Account [? by Governor Handasyd] of Commodore
Wager's engagement with the Spanish galleons. Thomas
Newton, Master of the Martha sloop of London, arrived
in Port Royall Harbour from the coast of Porto Bell,
Wedn. June 9th, and adviseth that on the Thursday
before, on his return to Jamaica, under convoy of
H.M.S. Dolphin, they fell in with the Kingston, Portland
and ffireship, between the Brew and Friends Islands.
The Commadore engaged the Spanish Admirall, who,
after an hour's dispute, blew up: he then came up with
the Reer Admirall, and after three hours' engagement
with him, took him; the Commadore lost 14 men, the
Galleon 90. The Kingston engaged the Vice-Admirall,
who got among some shoals, and the Kingston being
timorous of runing upon them, that Galleon made her
escape into Carthagene. The next morning they spy'd
another Galleon which, in chasing of her, run ashore,
where the Spaniards blew up her stern and left her.
June 18. Capt. Tudor, H.M.S. Dolphin, is just now
arrived, who gives account that there are no more
men saved of the Admirall's galleon that blew up than 17
out of 7 or 800. Mr. Wager, he says, is to windward,
refitting the galleon he took, as well as his own ship,
and designs when done to make the best of his way to
Jamaica. The other two men of war are cruising off
Carthagene, and are endeavouring to get what they can
from the galleon that run ashore. It is my opinion
Monsr. Du Cass, when he hears this news, will not stay
any longer, but make the best of his way to France.
I shall endeavour all I can to prevent those vessells coming
out of Carthagene that designed to join Monsr. Du Cass,
and am sending all our privateers to cruize off that
port and the Havanna. I assure myselfe there will
be care taken to look out sharp for them in Europe;
pray God send us good success. The prisoners that are
taken report that there are in the three galleons that
are taken and destroyed, at least 14 or 15,000,000 sterl.
By the common report Mr. Wager has had a hard task,
the other two men of war and ffireship having done
very little, their reasons for it time will shew. Endorsed,
Recd. Aug. 2, 1708. 1½ pp.|
1551. ii. Copy of Proclamation by Governor Handasyd.
Holders of lands without patents are (within 6 months,
or 12 if beyond the seas), to pay the Receiver General
the quit-rents due, and will then have patents granted
them; if not, they will be prosecuted, and the
informer granted the patents of their lands etc.
Endorsed as preceding. 1½ pp. [C.O. 137, 8. Nos.
14, 14.i., ii.; and (without enclosures) 138, 12. pp. 306–311.]|
1552. W. Popple, jr., to Mr. Burchett. Encloses extract
of Mr. Bridger's letter, March 9, 1708, to be laid before H.R.H.
[C.O. 5, 912. p. 424.]
1553. Mr. Burchett to Wm. Popple. Acknowledges preceding.
The Records of the Admlty. Court having been searched, it does
not appear that there was any Commission issued out to Capt.
Whitborn [June 14] to empannel juries and to enquire into
disorders upon oath at Newfound Land; and none of the Bookes
in this office reach soe farr backward as 1615. Signed,
J. Burchett. Endorsed, Recd. Read June 18, 1708. 1 p. [C.O.
5, 864. No. 222; and 5, 912. p. 425.]
1554. S. Broughton to the Council of Trade and Plantations.
Recounts his applications to Governor Lord Cornbury, and his
continued delay in appointing him Attorney General of New York
according to H.M. warrant of June 18, 1705. Set out, Acts of
Privy Council, II. pp. 522–524. Signed, S. Broughton.
Endorsed, Recd. Read June 17, 1708. 3 pp. [C.O. 5, 1049.
No. 71; and 5, 1121. pp. 266–268.]
1555. Mr. Coward's terms for transporting the German
Refugees to New York. 150 men, women and children at 7l. sterl.
per head prepaid etc. Signed, Wm. Coward. Endorsed, Recd.
Read June 17, 1708. ½ p. [C.O. 5, 1049. No. 72.]
1556. Mr. Perry to Mr. Popple. Proposals concerning a
ship to transport the German Refugees. Signed, Micajah Perry.
Endorsed, Recd. Read June 17, 1708. Addressed. Postmark.
1 p. [C.O. 5, 1049. No. 70.]
1557. Mr. Ormston to the Council of Trade and Plantations.
Repeats reasons against Sonmans (June 4), and encloses following.
Signed, Joseph Ormston. Endorsed, Recd. Read June 18, 1708.
1 p. Enclosed,
1557. i. Corrected list of Proprietors who signed and did not
sign Peter Sonmans' Commission, showing 5½ who did
not and 3½ who did. See June 9. 1 p. [C.O. 5, 970.
Nos. 73, 73.i.]|
1558. Printed Copy of the Reply of the Assembly of New
Jersey to Lord Cornbury's Answer. [See June 7, 1707.]
Endorsed, Recd. from Mr. Ormston, Read June 18, 1708. [C.O.
5, 970. No. 74.]
1559. Mathew Newnam to the Queen. Refers to his trial
in Bermuda. See No. 576. ii. Formerly a Baron of the Exchequer
there, he was accused by Thomas Burton, the Attorney General,
out of private malice, in general terms, of monstrously ill behaviour.
Without admitting him to any defence, the Court committed
him to gaol, until he found security in 500l. to appear at the
next Sessions and in the meantime be of good behaviour. He
could not find bail for such an excessive sum. The next General
Court, instead of proceeding upon the said accusation, the Court
let it fall; but Burton then procured an indictment to be preferred
and found for having villified all the Justices, etc., as No. 576. ii.
It was known that he was not worth one quarter of the sum
to which he was condemned in fines and recognizances. He has
therefore been ever since detained in gaol, and the Governor
perswaded by petitioner's enemies hath lately ordered the only
window of the said gaol to be closed. These proceedings were
arbitrary and illegal; the fine and bail excessive and contrary
to the Declaration of Rights; the words, if spoken, were only
spoke in private; the Attorney General peremptorily challenged
8 of the jurors at the trial, without reason given, etc. Petitioner
has applied in submissive manner to the Governor and Justices.
All the common method of Justice having been totally obstructed
in the Island for the last two years, the Justices have proceeded
to act arbitrarily and contrary to Law, knowing there is no law
open to examine their proceedings, etc. Signed, Mathew Newnam.
1559. i. H.M. refers this petition to the Council of Trade and
Plantations for their report. Whitehall, June 27, 1707.
Signed, Sunderland. The whole endorsed, Recd. Read
June 18, 1708. 3 pp. [C.O. 37, 8. No. 54; and 38, 6.
1560. Governor Dudley to Mr. Popple. I make this
adventure round about Great Britain. Encloses following Act,
the like of which I am labouring to get in the Massachusetts Colony,
which will settle all, and Mr. Bridger will be easy in his station,
he has had a great hurry about the cutting of masts for Mr. Collins
of London, for which H.M. warrant is not arrived, and whatever
we could do by private methods and labourers, they got those
trees down, but I have seized them, and they are all in the keeping
of the sheriffs and officers till H.M. pleasure be known, but this
Act will preserve us for the future and make the matters easy
and H.M. right very secure, etc. Signed, J. Dudley. Endorsed,
Recd. Sept. 8, Read Nov. 10, 1708. Holograph. 1 p.
1560. i. Copy of an Act of New Hampshire for the better preservation of all mast trees or white pine trees, etc. enacted
May 11, 1708. Endorsed, Recd. Sept. 8, 1708. 1¾ pp.
[C.O. 5, 864. Nos. 241, 241.i.; and (without enclosure)
5, 913. pp. 23, 24.]|