America and West Indies: June 1708, 11-20

Pages 745-755

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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June 1708, 11-20

June 11.
Inner Temple.
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.]
June 11. 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.]
June 11.
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.]
June 11. 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.]
June 11.
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.]
[June 11.] 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.]
June 12.
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. 2 pp.
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. 1½ pp.
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.]
[June 14.] 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.]
June 14. 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.]
June 14.
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, 57.]
June 15.
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.]
June 16.
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.]
June 16.
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.]
June 16.
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.]
June 16.
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.]
June 16.
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.]
June 17.
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.]
June 17.
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.]
June 17.
Admlty. Office.
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.]
[June 17.] 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.]
[June 17.] 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.]
June 17.
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.]
[June 18.] 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.]
[June 18.] 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.]
[June 18.] 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. Subscribed,
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. pp. 366–376.]
June 20.
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. Enclosed,
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.]