America and West Indies
January 1704, 1-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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'America and West Indies: January 1704, 1-14', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 1-16. URL: http://www.british-history.ac.uk/report.aspx?compid=73648 Date accessed: 20 October 2014.


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COLONIAL PAPERS.

January 1704, 1-14

1704.
Jan. 3.
Boston.
1. Governor Dudley to Mr. Popple. Enclosing, An Act of New Hampshire for the supply of forces, Minutes of the Assembly and Council, etc. Signed, J. Dudley. Endorsed, Recd. April 29, Read May 2, 1704. Holograph. 1 p. Enclosed,
1. i. List of fines and forfeitures in New Hampshire, Dec. 1695—Dec. 1702. Same endorsement. 3 pp.
1. ii. List of Causes tried at the Inferior Court of Common Pleas holden at Portsmouth, New Hampshire, June, 1702. Same endorsement. 3 pp.
1. iii. List of Causes entered at the Superior Court of New Hampshire, at Portsmouth, Feb. 1700/1. Same endorsement. 6 pp.
1. iv. List of Causes entered in H.M. Court of Admiralty in the Massachusetts Bay, from Aug. 20 to Dec. 1703. Signed, Tho. Newton, Dep. Jud. Same endorsement. 1 p. [C.O. 5, 863. Nos. 71. 71.i.–iv.; and (without enclosures) 5, 911. pp. 251–253.]
Jan. 4.
London.
2. Capt. Richards to Mr. Popple. I am ordered to Holland with my Lord Duke of Marlborow. I can't help giving my opinion, that if the inhabitants are not obliged to rendezvous at St. John's and put under direction of the officers, the enemy may improve the opportunity to dispossess us of those works etc. Signed, M. Richards. Endorsed, Recd. Jan. 7, Read March 15, 170¾. Addressed. Sealed. 1 p. Enclosed,
2. i. Capt. Richards to the Council of Trade and Plantations. According to your Lordships' request, I offer these few heads, that such orders as shall be thought fitt may be given so as to oppose any undertaking of the enemy's, particularly in absence of the Convoys, at which time should they be assisted with a few hundreds from New France, the want of the inhabitants' assistance to so small a garrison may be the loss of the Settlement, such small works having frequently been carry'd sword in hand, in which they may be also favour'd by the snow. In consideration the French have 3 Companys of 50 men each, etc., and doe oblige the people from the out harbours to winter with them at Placentia, and therefore render themselvs formidable, it may be taken into consideration, whether the Company and Officers at St. Johns be sufficient, having severall places to occupy to the seaward, besides ye Fort, notwithstanding which, great part of the inhabitants both northward and southward can't be persuaded to joyn with them, the officers wanting sufficient authority to oblige them. The inhabitants' houses even at St. Johns are subject to surprize, by reason that no one work can secure the whole, their dwellings being straggling and scituation difficult. That at least may be said of other harbours proposed to be fortifyed, so that the effect can't be extraordinary, though the expence may. But if St. Johns be made the generall place of rendezvous during the warr, the inhabitants might build store houses under the cannon of the Fort and pallisade them in, the better to secure them against a surprize. As the New England people do continue carrying off such number of passengers, so much to the prejudice of the private and publick interest, some effectuall means should be found to prevent ye same. As many of the soldiers have deserted, and are very disorderly, pretending they ought to be releived, it will be absolutely necessary to exchange more or less of them, and for the better maintaining of order and discipline, that there be power given to the Commander in Cheif, to try deserters and other capital criminals. The provisions should include as much flower and oatmeal as the allowance will afford; as the miscarriages of provisions may be the last ill consequence to such a garrison, it would be very proper to send by the first ships, and to have half a year's beforehand. What remains for the artificers to do at St. Johns, will be compleated next summer, except what relates to the booming the chain. But as for the removing the earth in and about the Fort and works, it must be done by the inhabitants before and after fishing, which they did, and the better sort was willing to comply, knowing how much it concerns them. For the better performance of all orders, that the Commander in Cheif may in person visitt and make survey of the works, both at his arrivall and departure, particularly to secure the wharfe of the south redoubt, its plattformes etc., the whole to be caulked and tarred etc. In absence of the Commander in Cheif of the Convoy, orders [to] be left with the commanding officer on shore for the time being. If an Engineer be continued for some time or during the warr, that he may be ordered to visitt the Harbours proposed to be fortifyed, and make the survey of the same. Signed, M. Richards. London, Jan. 3, 1703(4). 3 pp. [C.O. 194, 3. Nos. 11, 11.i.; and 195, 3. pp. 266–270.]
Jan. 4.
Boston.
3. Col. Romer to the Council of Trade and Plantations. Little progress has been made with the fortifications of Pemaquid and Piscataqua River. H.M. will only be able to depend on the fortifications she orders if she grants very considerable assistance towards them. Desires leave to return to England to recover his health and not to be sent to Barbados first. The Castle [at Boston] being almost finished, I propose to put an inscription over the gate, for which I beg your Lordships' approbation. Signed, Wolfgang Romer. Endorsed, Recd. Read May 18, 1704. French. 2 pp. Enclosed,
3. i. Inscription proposed above. Anno Decimo tertio Regni Gulielmi tertii Mag. Brit. Fr. et Hib. Regis Invictissimi hoc Munimentum (ex ejus nomine Wilhelmi Castellum nuncupatum) fuit inceptum; Annoy Secundo Regni Annæ Mag. Brit. Fr. et Hib. Reginæ Serenissimæ perfectum. Annoy Domini MDCCIII. A tribuno W. W. Romero etc. constructum. 1 p. [C.O. 5, 863. Nos. 72, 72.i.; and 5, 911. pp. 298–302.]
Jan. 4.
Whitehall.
4. W. Popple to Sir Edward Northey. Enclosing Order of Councill Dec. 23, etc. The Council of Trade and Plantations desire your opinion whether H.M. be intituled to the 4½ p.c. or any other duty in that part of St. Christophers. I inclose copy of a clause in Col. Codrington's Commission relating to lands. It does not appear to this Board how far he has exercised that power in respect to the French part of [? that] Island. Your answer is desired with speed, for that a Commission and Instructions are preparing for a new Governor. [C.O. 153, 8. pp. 231, 232.]
Jan. 4.
Whitehall.
5. W. Popple to Mr. Borret. The Council of Trade and Plantations desire you to attend Mr. Attorney General with the [above] letter and to procure his answer with what speed you can. [C.O. 153, 8. p. 232.]
[Jan. 4.]6. Nicholas Hallam to the Council of Trade and Plantations. Refers to Memorial of Dec. 3 on behalf of Mohegan Indians, and begs for speedy Representation thereon, so that effectual orders for their relief may be sent by some ships allready at Graves End. Some small presents from H.M. to the Sachem Owaneko etc. would be esteemed as an earnest of H.M. favour etc. Signed, N. Hallam. Endorsed, Recd. Read Jan. 4, 1703(4). 3 pp. [C.O. 5, 1262. No. 61; and 5, 1290. pp. 404–407.]
Jan. 5.
Whitehall.
7. Council of Trade and Plantations to the Queen. Laying before H.M. the draught of a Commission for Col. William Mathew to be Governor of the Leeward Carribbee Islands etc. [C.O. 153, 8. p. 233.]
Jan. 7.
Whitehall.
8. W. Popple to Josiah Burchet. The Council of Trade and Plantations desire to know what directions H.R.H. has given upon their Report relating to convoys. [C.O. 324, 8. p. 317.]
Jan. 7.
St. James's.
9. Order of Queen in Council. Col. Mathew's Commission [Jan. 5] to be prepared for H.M. signature. Signed, John Povey. Endorsed, Recd. Read Jan. 13, 170¾. ¾ p. [C.O. 152, 5. No. 43; and 153, 8. p. 234.]
[Jan. 7.]10. Copy of Order of Council, Dec. 10. 1696, relating to allowances for Commissioners sent to survey Naval Stores in N. England. Signed, W. Bridgman. Endorsed, Recd. 7th, Read Jan. 13, 170¾. 1 p. [C.O. 5, 863. No. 73.]
Jan. 8.11. Affidavit of Nicholas Hallam [Cf. Dec. 3, 1703]. Three or four years ago the General Assembly of Connecticut Colony granted liberty for a township called Colchester, and some time the last spring this deponent was desired by Capt. Samuel Mason on behalf of the Mohegan Indians to assist in running the line between New London North bounds, and the Indian lands called Mohegan Lands belonging to the Mohegan Indians; but this deponent and those who were employed to run the line could not agree in running the same by reason of variation in the compass which was best part of a point. This deponent went with some of the Mohegan Indians down to Norwitch River where the said Indians shewed him a rock in the said River, saying that was the bounds between New London and them. When he came to the said river. (it being a cold snowey day) he met about fifty or threescore Mohegan Indians, men, women and children in a very poor and naked condition, many of them crying lamentably, whereupon he asked them the reason of their being in that condition, who told him the Governor had been up there that day and had drove them from their planting land which they had enjoyed ever since the English came into the country, and that they were not willing to leave the English unless they were forced to it. In May last, being present in the said General Assembly at Hartford, he saw several of the cheif of the Mohegan Indians there, who said they came to see if they could get their lands again. Deponent then heard Capt. Daniel Clark, who is one of the patentees named in Connecticut Charter, declare publickly on behalf of the said Indians that they were wronged, and that the said Indian lands had been taken from them contrary to agreement between the Government of Connecticut Colony and the said Indians, notwithstanding which the said General Assembly enlarged New London bounds and ran the same to Norwitch bounds, which takes in all the lands commonly called the Mohegan Feild, and this deponent has been very credibly informed that the abovesaid land granted to Colchester and the land called the Mohegan Land or Feild is all the land the said Indians reserved for themselves for hunting and planting, and that John Prentis, the Surveyor, has laid out of that very land for the Governour, Minister and some others to the number of 1,600 or 1,800 acres, and made a return thereof, and that the same is recorded. Deponent has heard Ben Unkas, one of the Mohegan Indian Sachems, say the Governor had wronged him, and taken his land from him, and that if he the said Sachem had money he would go for England and make his complaint, and that there are several English famillies live upon part of the said Mohegan Lands, who never bought or paid for the said land, as some of the said Indians has told and informed this deponent. Signed, Nicholas Hallam. Endorsed, Recd. 8th, Read Jan. 12, 1703. 1 p. [C.O. 5, 1262. No. 63; and 5, 1290. pp. 408–411.]
Jan. 8.
Treasury Chambers.
12. Wm. Lowndes to Mr. Popple. Encloses following, which his Lordship desires you to lay before the said Council of Trade and Plantations to the end they may please to transmit to his Lordship the instances of fact, where any goods have been carryed from H.M. Plantations to the Dutch, and the commodities of the growth of Europe suffered to be brought to the said Plantations in exchange from the Dutch contrary to the Acts of Trade. Signed, W. Lowndes. Endorsed, Recd. Read Jan. 11, 170¾. Addressed. Sealed. ¾ p. Enclosed,
12. i. Commissioners of Customs to the Lord High Treasurer. Quote Representation of Council of Trade, Oct. 29, 1703. Pursuant to the laws of this kingdome, we have given repeated instructions to the Governours and Officers in all H.M. Plantations, that they permit none of the enumerated Plantation commodities to be laden or put on board any ship or vessell, until bond be given with sufficient sureties to carry the same to England, Wales or Berwick, or some other of H.M. Plantations, and that no goods or commodities of the growth, production, or manufacture of Europe (but such as are by law excepted) be imported into any of the said Plantations, but what shall be shipt and laden in some port or place of this kingdome, and in ships duly qualifyed both as to built, property and navigation. And if the Council of Trade and Plantations will give us the instances of fact before them where any goods have been carryed from H.M. Plantations to the Dutch, and the commodities of the growth of Europe suffered to be brought to the said Plantations in exchange from the Dutch, contrary to the Acts of Trade, wee shall from thence be enabled to ground a charge against the officers whose duty it was to have prevented the same, and to give such fresh orders and instructions as may be effectual for exciting them all to greater diligence in putting the laws in execution. 1½ pp. [C.O. 323, 5. Nos. 33, 33.i.; and 324, 8. pp. 318–321.]
Jan. 10.13. Sir Henry Ashhurst to the Council of Trade and Plantations. In reply to letter of Jan. 4. The Goverment of Connecticott could not have the least notice of Hallam's complaints and therefore it is impossible I should make any answer from them. I hope you will not creditt the report without further information, since it is made by one who hath lately given the Government a great deal of trouble in bringing an Appeal to make void a will which hath been acquiesced in 14 years, and is confirmed but a few days ago by the Lords of the Council. It is believed there is as little ground for this complaint, and that it is not a complaint of the Indians any otherwise then encouraged by some English there upon some ill designe, etc. Signed, Hen. Ashhurst. Endorsed, Recd. Jan. 12, 170¾. Holograph. 1¼ pp. [C.O. 5, 1262. No. 62.]
Jan. 11.
Whitehall.
14. Council of Trade and Plantations to the Lord High Treasurer. Having on Oct. 29 transmitted an account of the incidental charges of this office, we lay before your Lordship a further account to Christmas amounting to 147l. 15s. 8d. Annexed,
14. i. Account referred to. Examined by the Board. [C.O. 389, 36. pp. 167, 168.]
Jan. 11.
Whitehall.
15. Council of Trade and Plantations to the Lord High Treasurer. Recommend the petition of the Clerks of the Office [Cal. 1703, No. 1404] to be exempted from taxes. To have such large deductions made from their small salaries makes it difficult for us to find Clerks capable of the service. Propose that the taxes be placed to the account of incidents as they become due. (The salaries vary from W. Popple 100l.—taxes 12l. 10s., to Mary Wright, necessary woman, 30l., taxes 3l. 15s.) [C.O. 389, 36. pp. 169, 170.]
Jan. 11.
Bermuda.
16. Lt. Governor Bennett to the Council of Trade and Plantations. Acknowledges letter of July 28 and duplicates. Refers to his of Aug. 9. In answer to yours of June 18, 1703, all care shall be taken to word our Acts accordingly. As for the Liquor Act passed in Col. Day's time, I have now transmitted a copy of it under the Seal of the Island, as it stands on Record, but when I enquired for that which is called the originall Act, it could not be found, nor any Journals nor Minutes relating to the same, upon which the Assembly addrest me, that I would allow them to prepare interrogatories by which the Members of the Assembly, that were soe att the time of makeing that Act, might be sworn and examin'd to, for the doing whereof I ordered a Commission to be directed to three of the Councill to take their Depositions, copies of which are annexed to the Act now sent. I strictly examined Mr. Minors, the Secretary, about the word original being struck out, and the word Record interlin'd in the copy of that Act transmitted to Col. Day, but he affirms he remembers nothing of it. I beg your Lordships' pardon for being so forward in believing the assertions of the Assembly in the Preamble of that Liquor Act passed by me, but I did not imagine that they could be wanting in proving what they so possitively affirm'd, and was seconded by most of the now Council, and besides that Act was brought me when a ship was seen off and bound in from the Maderas loaden with wine, which was another reason that I had not time to search so nicely into matters, for she paid considerably towards the support of the Govermt. I should be glad to hear that it were your Lordships' opinions that the Act passed by Col. Day was an indefinite one, for pursuant to your Lordships' commands and H.M. Instructions I prest the Assembly to pass a New Revenue Act without limitation, but all to no purpose, and it's my opinion they never will, for they were soe far from complying that they sent me by a Committee an Act determinable in one yeare, and therein nominated a Collectour to receive what money should arise by the same, which by my Instructions I am positively commanded to constitute that Officer, whereupon I sent the Secretary to them with a copy of that article in my Instructions, but it argued nothing, they still insisting that it was their undoubted right to appoint a Collectour or Receivour, and that they could not without violation of their oathes and the trust reposed in them, relinquish it, upon which I sent for the Speaker and the House, and told them I thought it high time to send them home, when they own'd to have taken an oath to insist on what they knew was contrary to my Instructions, and accordingly dissolved them. A new Assembly are to meet next month, but I am satisfyed the major part of the Members will be the same, and I expect the like management. My patience with Mr. Larkin and rejecting the constant sollicitations of the Councill and Country sooner to have confin'd him, has lessened me extreamly in the opinion of the people, for what they now so insolently insist on, they never before (either through respect or awe) ever pretended to mention. I have been soe continually employ'd in preparing accounts concerning him, that it has taken up mine and the Secretary's whole time etc. I will now take care dilligently to transmitt as fast as possible authentick copys of all publick proceedings. I expect Capt. Nelson will by his son complain I deny'd him writts of error upon proceedings att Common Law after he had appeal'd to Chancery, and a decree made to confirme the verdict att Law, a full state of which I'le (if possible by this conveyance) send to my Brother, who on occasion will attend your Lordships therewith. Signed, Ben. Bennett. P.S.—On Dec. 20 was brought in a French ship about 200 tuns, 17 men and 6 guns, which was taken off the Bank of Newfoundland by one Capt. Bale; she has nothing on board but about 2,000 bushels of salt and a small quantity of fish. Endorsed, Recd. June 9, Read July 6, 1704. Holograph. 4 pp. [C.O. 37, 6. No. 10; and 38, 6. pp. 2–7.]
Jan. 12.
Whitehall.
17. W. Popple, jr., to Wm. Penn. The Council of Trade and Plantations enclose an extract of a letter from Sir T. Lawrence, Oct. 25, 1703 (q.v.) relating to the disorderly behaviour of some Quakers of Pennsylvania in Maryland, "that you may take care to give such directions that they do not by such proceedings any more disturb the neighbouring Provinces." [C.O. 5, 1290. pp. 407, 408.]
Jan. 12.
Barbados.
18. Governor Sir B. Granville to [? the Earl of Nottingham]. Acknowledges receipt of letters etc. Signed, Bevill Granville. Endorsed, R. March 30, 170¾. Holograph. 2 pp. [C.O. 28, 38. No. 20.]
Jan. 12.
Barbados.
19. Governor Sir B. Granville to the Council of Trade and Plantations. The West India pacquet boat arrived the 9th inst. and brought me your Lordships' letters of Oct. 28 and Nov. 24. I shall very carefully observe all your directions etc. I have employ'd Capt. Hayes as Ingenier, and made use of him about the fortifications: I find him very well qualify'd and very industrious, and being upon the place and season'd to the country I doe humbly recommend him to be put upon the establishment here in the room of Capt. Sherrard decd. I cannot get in time to send now a particular account of the number, lading and value of the prizes, but shall send it by the very next conveniency. I have never taken into my hands any prize that has been brought in here, nor meddled with the produce; they have all bin tryed before the Court of Admiralty and after condemnation put into the hands of the Marshall and Prize Officer, who sell them at outcry. The Receiver of the Queen's Casual Revenue takes care of H.M. share, and H.R.H. Patent to me as Vice-Admiral directs me to receive all his dues whatsoever, and to be accountable if required. There did an Act passe here in my Lord Grey's time which gave away all to the captors, but it is my opinion that without H.M. own consent nothing that is due to her can be taken away, since my time therefore no regard has bin had to that Act, but all proceedings in the Court of Admiralty have bin pursuant to H.M. declaration. No orders are come yet about the payment of the Gunners, if the next packet should not bring them, those people will be in a poor condition. The want of a new commission for the tryal of pirates was no apprehension of my own, but the opinion of the Lawyers, who still persist in it, as your Lordships will see by the enclosed. Signed, Bevill Granville. Endorsed, Recd. March 30, Read 31st, 1704. Holograph. 4¾ pp. Enclosed,
19. i. Report of the Solicitor and Attorney General of Barbados that H.E. not having received the Commission for trying pirates there, no prosecution could take place. Signed, E. [Chilton], W. [Rawlin]. Endorsed as preceding. 1½ pp. [C.O. 28, 7. Nos. 11, 11.i.; and 29, 8. pp. 420–422.]
Jan. 12.
Barbados.
20. A. Skene to Wm. Popple. H.E. directed me to send you over duplicates of the Minutes of Councill May 11 to Sept. 28; and also the last three months' Minutes, but not being able to compleat them before the sailing of the packet, I have only sent the duplicate of the others, the Acts and the whole Proceedings relating to Capt. Gillingan, the which I had particular direction for. Signed, A. Skene. Endorsed as preceding. Sealed. Addressed. Postmark. 1 p. [C.O. 28, 7. No. 12; and 29, 8. p. 423.]
Jan. 12.21. Mr. Bridger's Account of the money received by him during his stay in New England. Signed, J. Bridger. Endorsed, Recd. Read Jan. 13, 170¾. ¾ p. [C.O. 5, 863. No. 74.]
Jan. 13.
Whitehall.
22. Council of Trade and Plantations to the Lords Proprietors of Carolina. In answer to yours of Nov. 16, we desire you to inform us what forts, guns and ammunition are there, and in what posture of defence that country is, in case the enemy may make any attempt upon it, as likewise in what particulars your Lordships desire our concurrence in obtaining H.M. assistance. [C.O. 5, 1290. p. 412.]
Jan. 13.
Whitehall.
23. Council of Trade and Plantations to the Queen. Having formerly laid before your Majesty the great irregularities daily practized in the Proprietary Colony of Rhode Island and Providence Plantation, we humbly take leave to repeat, that the Governour and Company of the said Colony have refused to submit to your Majesty's Commands relating to their Militia, during the time of war, when required and pressed to do it, in your Majesty's name, by Coll. Dudley your Majesty's Governour of the Massachusetts Bay; that they have declined to transmit authentic copies of the Acts of their Assemblies, or Laws, and at length, (vizt. May 27, 1699) sent only a very imperfect abstract thereof till that time and none since, thô the inspection of such laws in order to your Majesty's approbation or disallowance, as is practized in all Plantations under your Majesty's immediate Government, be more especially there necessary; that they have harboured pirates, incouraged illegal traders, admitted and protected soldiers that had deserted, and fugitive servants from the neighbouring Plantations; that for carrying on illegal practices in matters of Trade and Navigation they have erected an Admiralty Jurisdiction amongst themselves without any authority, and refused to yeild obedience to the Courts and Officers vested by H.R.H. the Lord High Admiral with due authority for the tryal of marine and other causes appertaining to such Courts in those parts, and have not permitted the Collector and Receiver on behalf of H.R.H. to have anything to do therein, particularly in the case of a ship of 5,000l. value carryed in thither by a Boston privateer. Upon which subject we humbly lay before your Majesty the abstract of one of their said Acts, asserting their pretended right of Admiralty Jurisdiction, whereupon having consulted your Majesty's Attorney General in point of law, we humbly offer that by the acknowledgement of the Act itself no such authority having been granted them by their Charter, and the said Act being only provisional untill his late Majesty's pleasure (or the pleasure of the Crown) should be further known, your Majesty would please by the declaration of your royal pleasure to determine and disannull the same, and further to direct a letter to be prepared for your royal signature wherein the Governour and Company of that Colony may be required to submit to the Court of Admiralty constituted by H.R.H. in those parts, and to the powers of Vice Admiralty vested in Coll. Dudley, and that your Majesty would be pleased strictly to forbid them to assume to themselves the power of erecting any such Court, with intimation that if they make any the like attempts for the future your Majesty will direct they shall be prosecuted to the utmost rigour of the Law. And forasmuch as upon the like complaints of misdemeanours to his late Majesty, Sir Edward Ward and Sir Thomas Trevor, the Attorney and Sollicitor General, did report their opinion that H.M. in case of extraordinary exigency happening to arise thro the default or neglect of any Proprietor to protect or defend the said Procince and the inhabitants thereof in times of war, or imminent danger, H.M. might constitute a Governor of the said Province, for the protection and preservation thereof, and of his subjects there we do humbly represent that the people of Rhode Island do still continue in their refractory proceedings to the great detriment of legal trade and incouragement of piratical and disorderly practices. We do not see how a present stop can be put to these great irregularities better than by commissionating Coll. Dudley. your Majesty's Governour of the Massachusetts Bay, to be likewise Governour of Rhode Island and Providence Plantation during the war, according to the opinion of your Majesty's learned Councill aforesaid. [C.O. 5, 1290. pp. 413–416.]
Jan. 13.
Whitehall.
24. Attorney General to the Council of Trade and Plantations. I have considered of the Presentment of the Commissioners of H.M. Customes [see Jan. 4], and also of the extract out of Coll. Codrington's Instructions, and am of opinion, that those Instructions are not material in any sort to the matter contained in the Presentment, it being only a power to lett or dispose of lands; as to the Presentment, I am of opinion that the officers of the English part of St. Christopher's had no authority by virtue of the Plantation Act made there for the 4½ per cent. on goods, to levye the same for goods exported from that part of St. Christophers lately gained by conquest from the French, that law extending only to such part of St. Christophers as belonged to the Crown of England when that law was made, but H.M. may, if she shall be so pleased, under her great Seale of England direct and command that the like duty be levyed for goods to be exported from the conquered part, and that command will be a law there, H.M. by her prerogative being enabled to make laws that will bind places obtained by conquest, and all that shall inhabit therein. Signed, Edwd. Northey. Endorsed, Recd. Read Jan. 14, 170¾. 1 p. [C.O. 152, 5. No. 44; and 153, 8. pp. 235, 236.]
Jan. 13.
Whitehall.
25. Council of Trade and Plantations to the Queen. Refer to recent Representation on the disorders in the Assembly of Jamaica, whereby the renewing of the Laws is impeded, particularly the Act of the Revenue, which is near expiring. Repeat gist of Representation to his late Majesty [Cal. A. and W.I., 1701. No. 67, etc. q.v]. Continue:—But whereas they have all this while neglected to avail themselves of your Royal favour, as of the condescension of his late Majesty herein, by not complying with the frequent admonitions given them by the Earl of Inchiquin and afterwards by Sir William Beeston, and now lately by Col. Handasyd, pursuant to your Majesty's Instructions; and the approaching term of the temporary Act past in 1683 making it necessary for your Majesty speedily to declare your Royal pleasure upon the perpetual Act past by the Duke of Albemarle, lest otherwise the granting of the Revenue for the support of the Government of that Island should become precarious, we humbly offer that your Majesty would please to confirm the said Perpetual Act, with directions to your Majesty's Lt. Governor or the Commander in Chief for the time being not to publish or put the same in execution in case the Assembly of Jamaica, which shall be sitting or may be called immediately upon the receipt of the Declaration of your Majesty's pleasure and confirmation of the said Act, shall before Nov. 1 next pass another Act to the same purport and altogether conformable to the Act of 1683, to continue likewise in force for 21 years, the L.G. likewise acquainting them with your Majesty's pleasure and assuring them in your Majesty's name that in case of their due complyance your Majesty will be graciously pleased to continue for 21 years longer your Royal Confirmation of all the other Laws of that Island formerly confirmed for the said term of 21 years, which will likewise expire Nov. 1. But if it shall so happen that the Assembly do not accept of your Grace and favour herein, the L.G. or C. in C. be strictly directed and required to cause Publication to be forthwith made of your Majesty's Confirmation of the said perpetual Act for raising a Publick Revenue for the support of the Government of that Island and take care that the said Act be accordingly put in execution. [C.O. 138, 11. pp. 102–106.]
Jan. 14.
Whitehall.
26. Council of Trade and Plantations to the Queen. Refer to Order in Council Dec. 23, and Attorney General's Report, Jan. 13, relating to the 4½ p.c. in St. Kitts, and recommend that the Great Seal of England be forthwith signified to the Governor. [C.O. 153, 8. pp. 236–238.]
Jan. 14.27. Governor Lord Cornbury to the Council of Trade and Plantations. Hoping that this may still reach H.M.S. Centurion before she sails from Boston, I take the liberty hereby to acquaint your Lordships with what has pass'd in New Jersey, at the meeting of the General Assembly of that Province, which according to H.M. commands, in her Instructions to me, met for the first time at Perth Amboy, in the Eastern division of New Jersey. The qualification prescribed in my Instructions for the persons who are to elect, and to be elected, will not be advantagious for that Province, and I am persuaded the persons that proposed that regulation did not intend the good of the country; the effects that have attended that way of electing (for I did take care that the Queen's commands should be obeyed) are (1) several persons very well qualified to serve could not be elected, because they had not 1,000 acres of land, though at the same time they had twice the value of that land, in money or goods, they being trading men; on the other hand, some were chosen because they have 1,000 acres of land and at the same time have not 20s. in money, drive no trade and can neither read nor write, nay they cannot answer a question that is asked them, of this sort we have two in the Assembly; the next inconveniency that the people complain of, in this way of electing is, that there being ten members to be chosen for each division, it may so happen that all the ten may be dwellers in one county, and the more likely to be so because the election is made but in one county, and though the election has been appointed as near as could be in the center of each division, yet a very great number of people could not come to the election, because some had above 100 miles to travel, others were afraid of the charge, espetially the roads being very bad in most places where any are made. These inconveniences may all be prevented if H.M. will alter the qualifications of the persons chusing, and to be chosen, and the method of chusing; I believe it would tend very much to the service of H.M., and would be a general satisfaction to the country, indeed to everybody, except some few persons who have a mind to oppress the people. The Assembly met at Amboy, Oct. 10, I then recommended to them the settling a Revenue for the support of the Government, the settling the Militia, the passing an Act to settle and confirm the estates of all Proprietors and Purchasers of lands; accordingly they did prepare a Bill under the [latter] title, how far that Bill would have answered the title of it, will best appear by the Bill it's self enclosed. It is enacted that this confirmation shall be an effectual title in the law for the said proprietors and purchasers, their heirs and assigns, etc.; as soon as this Bill had been read once by the Council, several persons petition'd to be heard by their Counsel against it, setting forth, that if it passed as it was, great numbers of people would be divested of their estates, in which they thought they had as good as title as the Proprietors, the first people that came to be heard, were the people of Elizabeth Town, who set forth that they have a grant of the lands they possesse from Col. Nicholls, who was the first Governor sent into these parts by H.R.H. the then Duke of York, and that as this clause is worded they conceive that they should be divested of those lands, the case, as it appears to me, stands thus, Col. Nicholls coming into these parts, found the people of New York refractory and not inclinable to submit to him, but found the people of Elizabeth Town ready to obey his orders in all things, by which means the people of New York became more tractable and did submit, Col. Nicholls thought himself obliged to do something for the people of Elizabeth Town, that might be a reward for their fidelity, and upon that consideration granted them the lands they now hold, indeed it doe appear that H.R.H. the then Duke of York did grant unto my Lord Berkley and Sir George Carteret all that tract of land known by the name of New Jersey, and the Duke's grant bears date a month or six weeks before Col. Nicholls's grant, upon this the present Proprietors pretend that Col. Nicholls's grant is void, and that the people of Elizabeth Town shall hold their lands of them under the same quit-rents which they have from other persons to whom they have sold lands since, on the other hand the people of Elizabeth Town insist that Colonel Nicholls's grant to them is good, because (they say) he had power from the Duke to grant, and that his grant was made before he could know that the Duke had granted, they further insisted that if a grant of that nature is set aside, it will not be safe for any man to make any improvement upon any land obtained by grant from any Governor in these parts, nor to purchase any lands from any trustee, agent or attorney for any person in England, they say, they ought to pay their quit-rent to the Crown, if the Queen is willing to give that to the Proprietors, they are willing to pay to them, but insist they ought to pay no more quit-rent than was reserved in Nicholls's patents. The next are the people of Woodbridge, who say that they had a Charter granted to them by Phillip Carteret, who was the first Gouvernor sent over by my Lord Berkley and Sir George Carteret, and they say that this clause will overthrow that Charter, indeed I have seen the Charter and do think that it overthrows it's self. The next clause enacts that all and every such parts, shares etc. survey'd, taken up, etc. to all and every of the Proprietors and Purchasers within the said Western Division, is and shall for ever be assured, ratified and confirmed unto the respective Proprietors etc. The next clause enacts that this present confirmation is hereby declared a full title in the law for the several and respective Proprietors, Purchasers, etc. (and afterwards enacts that) all other Proprietors, Purchasers etc. who have as yet neglected to take up their respective shares and proportions, shall be obliged to take their equal proportions out of the lands remaining, etc. notwithstanding of their or any of them being joint tenants, or any other cause. These two last clauses are very unjust in themselves, for they are contrived both for the same ends, first to confirm the injuries some people here have done to others in England, by making that good in law, which is not so in it self, and then by a law to oblige the people injured to be content with the injuries they have receiv'd,. that these would be the consequence of these two clauses will appear very plain, if your Lordships are pleased to consider that the present Proprietors of the Western Division of New Jersey, by their purchase from my Lord Berkley, are tenants in common, now here is a clause to break that tenancy in common with respect to those Gentlemen in England who have not yet thought fit to come into America themselves, nor to send any Agent to take up their shares, and that without their knowledge, the truth of the matter is, that those Proprietors who are come hither have taken up all the best of the land, and that which lies most convenient for Trade, soe that those in England must be content, (if this Bill had passed) to take their shares in the mountains. This I did not think at all reasonable, and endeavoured as much as I could, with those persons who I thought had the most interest among the Members of the Assembly and Council, to convince them of the unreasonableness of that Bill as it then stood, I told them several of the objections I had to it, that they might get them amended before the Bill came to me, but as it was contrived to answer private ends, it was impossible to get them to depart from those clauses. The next clause enacts that all shares, parts, proportions etc. that have been designed, released, granted etc. since Feb. 2, 1682, within the Eastern Division of New Jersey etc. is hereby declared a good title in the law, notwithstanding the want of form or any other matter, so that if one man's estate has been conveyed away to another (as I am afraid it has been done) why that conveyance was to be confirmed, and made valid in law, as well as many others, without ever producing one, to shew the necessity of such a clause. By another clause, it is enacted, that all and every particular tract of land formerly granted by my Lord Berkley and Sir George Carteret, or by their Governors and Council of New Jersey, under the Common Seal thereof, or by their agents or attornies, conform to the powers, concessions and instructions to them given by the said John Lord Berkley or Sir George Carteret, or either of them, are hereby ratified, assured and confirmed to each and every of the respective grantees etc. This clause at first sight seems to carry a fair face, but is in reality a very ill clause, it seems to confirm to the grantees their estates, but then it is only such as have been granted conform to the powers, concessions and instructions given by my Lork Berkley and Sir George Carteret, or either of them, to their Governors, and everybody here knows that those Governors never acquainted the people what their powers were, only publish'd their commissions, so that those persons who purchas'd from those Governors are now to be divested of the lands they have honestly paid for, and have improved with great expence, labour and industry, (unless they will purchase them again from the present Proprietors) because their grants or conveyances are not conform to the powers, concessions and instructions given by my Lord Berkley and Sir George Carteret, or one of them (which indeed very few of the grants are), but at the same time the purchasers knew nothing at all of those instructions, nor what they contain'd, if they had, it is reasonable to beleive they would have conformed themselves to them, because it is very natural for every man to desire as good a title to the estate he purchases as he can. Another clause is to empower the Proprietors, jointly or severally, by themselves, or their Receiver General, or their agents, attornies or servants, to make distress for non-payment of quit-rent, and this is to be done by them or their servants, without taking any notice of any magistrate, or any Officer in the Government, but because they were told that was carryed a little too far, the next clause is to qualify it, and there it is enacted that all the respective sheriffs and Constables shall for ever hereafter (being required thereto by the said Proprietors etc.) be aiding and assisting to make such distress as aforesaid, and this is to be done by the sheriffs or constables without any warrant from any J.P., or anybody else, but ex officio, and at the request of any servant of a Proprietor when perhaps his master may know nothing of the matter. Another clause enacts that all tracts of land belonging to persons beyond the seas, or within any of the neighbouring Colonies, which have been sold by their agents or attornies, since the first day of Feb., 1682, by virtue of letters of agency or of attorney, such sales are declared good, sufficient; this, I confess, is a very necessary clause for some people as the case stands, for great tracts of land have been sold by agents without the knowledge and contrary to the interest of the owners, and sometimes contrary to their directions, so that if there is not some clause of this nature, now that the law begins to take its proper course, the right owners may recover their own again, which will be no small loss to some persons here, who have been agents for persons in England, and have combined with other persons here, to cheat and defraud their employers. Thus I have gone through the several clauses of the Bill, which the Proprietors here were so fully resolved to have passed, that they were resolved no revenue should be settled, till that was done; I often put them in mind of the absolute necessity of settling a revenue upon H.M. for the support of the Government, but still the Proprietors' Bill, as they very well called it, was insisted on; so seeing there was no good to be done with them at that time, and the season of the year being far advanced, on Dec. 13 I adjourned ye Assembly to May 18, 1704, at which time I hope to find them in better humour; if not I must try another Assembly. Signed, Cornbury. Endorsed, Recd. Jan. 16, Read Feb. 2, 170¾. Holograph. 5 pp. Edges torn. [C.O. 5, 970. No. 15; and 5, 994.A. pp. 172–186.]
Jan. 14.
Admiralty Office.
28. Mr. Burchet to Mr. Popple Jr. Enclosing following, in answer to letter of this day's date [? Jan. 7]. Signed, J. Burchett. Endorsed, Recd. Read Jan. 17, 170¾. Enclosed,
28. i. H.R.H. to the Queen. H.M. having directed mee to report, at what time it may be most proper for the severall convoys to proceed with the outward bound Trades, I did thereupon desire the Council of Trade and Plantations to send for the severall merchants concerned and to discourse them, and report to me their severall demands, and they having thereupon represented unto me what number of ships the aforesaid merchants have demanded, not only for the convoys to the Trades bound to the Plantations, but to remain there for their security, which amounts to 50 ships of war, from 50 to 20 gunns, and that 10 or 12 of them may be particularly stationed at Jamaica, for the safety of that Island, I have considered of the same, and do humbly report unto H.M., that considering the many occasions there will certainly be for the service of the ships of those rates it will be altogeather impossible to furnish so great a number as the Merchants do demand, nor can it be known what ships can be spar'd, till it shall be determined what part of the Fleet may be necessary to employ in the Channell the approaching year, and what other remote services may absolutely call for shipping, the which requires the more speedy consideration because the Merchants insist upon having the greatest part of the convoys proceed from hence by the beginning of Feb. next, and in the meantime there will be all possible diligence used in the putting such ships of the Fleet, as are proper for the services aforementioned, in the best condition that may be. Signed, George. Copy. 1 p. [C.O. 323, 5. Nos. 34, 34.i.; and 324, 8. pp. 322–324.]