America and West Indies
February 1704, 16-28

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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41-62

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'America and West Indies: February 1704, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 41-62. URL: http://www.british-history.ac.uk/report.aspx?compid=73651 Date accessed: 21 September 2014.


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February 1704, 16-28

Feb. 16.
Whitehall.
101. Council of Trade and Plantations to Governor Nicholson. Since our letter of July 29, we have received yours of July 23 and 28, of Aug. 1, Oct. 22, and one without date which we suppose to be that of July 24 mentioned in the last. We are sorry to find the Council and Assembly have had so little regard to H.M. demand relating to the quota for New Yorke. We observe your zeal for H.M. service in advancing the said quota to the Lord Cornbury; and we have written to his Lordship that, in case the Assembly of Virginia do not reimburse you the money, he immediately repay it you. As to what you write about attacking Canada we have communicated my Lord Cornbury's proposal upon that subject to the Secretary of State. You have no occasion to be troubled for the reports concerning any male administration; for no complaints have been offered to us against you, nor do we believe that any complaints have been made elsewhere against you. Col. Quary according to your desire is made Surveyor Generall of the Customes of all H.M. Plantations. We have reported to H.M. that Col. Diggs be appointed to the Councill of Virginia, which H.M. has been pleased to approve. As to what you write about Burgesses for James City, about taking up lands on the South side of Black Water Swamp, about a rent roll of quit rents, and about lapsed lands, we shall consider the same, as also the two volumes of Acts and Bills, received with your last letter, at Mr. Jenning's returne from Yorkshire whither he has gone for two months with our leave, only this we have to add, that a perfect rent-roll of all the lands in Virginia is absolutely necessary to be sent with all convenient speed. We are glad you keep a good correspondence with the Lord Cornbury and the rest of H.M. Governors on the continent, and hope that your meeting with them and your joynt care will have a good effect. There having been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, you are to govern yourself on the like occasions according to the Commissions and Instructions usually granted here, copies whereof are here inclosed. This goes by the convoys for Virginia and Maryland, which we have sollicited at your desire, and we doubt not but the necessary care will be taken for the security of the coast and rivers of Virginia. P.S.—The Commissions and Instructions to privateers above mentioned not being perfected, they will be sent you by our next. [C.O. 5, 1360. pp. 454–456.]
Feb. 16.
Whitehall.
102. Council of Trade and Plantations to the Queen. Recommend Dudley Diggs for the Council of Virginia. [C.O. 5, 1360. p. 453.]
Feb. 16.
Whitehall.
103. Council of Trade and Plantations to H.M. Enclosing draught of Letter to Governors as ordered Jan. 28. Annexed,
103. i. The Queen to the several Governors in America. Whereas complaints have been made to us of abuses in the Courts of Admiralty in the Plantations and of irregularities in the disposition of the proceed of prizes brought into our said Plantations by our ships of war, privateers or others with Letters of Mart; for prevention whereof we strictly charge and require you, that you be obedient to such Orders and Instructions as you shall from time to time receive from our High Admiral, and that you require all persons whatsoever in the Plantations whom it may concern to be aiding and assisting in the recovery of our dues as also our High Admiral's dues in cases of prizes, according to our Declaration for the incouragement of our ships of war and privateers, and in maintaining the rights of the Admiralty.
103. ii. The Queen to the Governors of Proprieties. Begins as preceding: continues: "and otherwise in maintaining the rights of the Admiralty and in the support of the officers and Court of Admiralty appointed by our High Admirall within our said Province." March 2, 170¾. Countersigned, Nottingham. [C.O. 324, 8. pp. 346–348.]
Feb. 16.
Whitehall.
104. Council of Trade and Plantations to Governor Seymour. We expect to hear shortly of your arrival in Maryland, and that you have found all things in good order there; we have not had anything before us relating to that Province since your departure, only a petition from Sir T. Lawrence. Leave will be granted him for 18 months, he putting in a sufficient Deputy with your approbation to officiate during his absence. There having been complaints of irregularities in the manner of granting Commissions to private ships of war in the Plantations, we send you a copy of the Commissions and Instructions granted here in the like cases, that you may govern yourself thereby, with regard to the difference of places. P.S.—Not being perfected, they will be sent you by our next. [C.O. 5, 726. pp. 279, 280.]
Feb. 16.
Whitehall.
105. Council of Trade and Plantations to the Queen. Enclose following (cf. Jan. 28 etc.). Annexed,
105. i. Draught of letter for H.M. signature to the Government and Company of Rhode Island relating to Admiralty Jurisdiction. Whereas complaints have been made to us that by virtue of an Act past at New Port in our Colony of Rhode Island and Providence Plantation Jan. 7, 1694, you have assumed to your selves an Admiralty Jurisdiction, and have established Courts accordingly, altho' no such power be granted in your Charter, and have refused to yeild obedience to the Courts and Officers vested by our 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 our said High Admiral to have anything to do therein; particularly in the case of a ship of 5,000l. value, carryed into Rhode Island by a Privateer of Boston, nor permitted the said ship to go to her Commission Port. And thereupon having thought fit by advice of our Privy Council to declare our disapprobation and disallowance of the foresaid Act, and having accordingly declared the said Act nul and voyd and of none effect, We strictly charge and require you that you do not assume to your selves the power of erecting any such Admiralty Courts, and in case you make any such attempt for the future, we shall give directions that you be prosecuted to the utmost rigour of the Law. And we further require and command you to submit to the Court of Admiralty constituted by our High Admiral in those parts and to the powers of Vice Admiralty vested in Coll. Dudley, our Governour of the Massachusets Bay. March 2, 170¾. [C.O. 5, 1290. pp. 438–440; and (enclosure only) 5, 209. pp. 16, 17.]
Feb. 16.
Whitehall.
106. Council of Trade and Plantations to Gov. Codrington. We have received no letter from you since yours of Aug. 8. H.M. having been pleased to gratify you in your desire of coming to England, has appointed Col. Mathew to succeed you. Enclose Order of Council etc. upon the collecting the 4½ p.c. [Jan. 28]. We have laid before the Admiralty the want of sailers in the men of war that attend the Plantations, and the necessity of having a sufficient provision of supernumerary seamen on board those ships which may supply the places of those that become deficient; and we have likewise offered to them the want of guardships necessary for the Leeward Islands and of convoys for their trade, and what the Lord High Admirall shall order thereupon will be sent you by the first opportunity. Enclose Lord Nottingham's letter relating to the Spaniards. [C.O. 153, 8. pp. 247, 248.]
Feb. 16.
Whitehall.
107. Council of Trade and Plantations to Lt. Gov. Handasyd. We have received yours of Nov. 27 last with the Acts and other papers therein referred to, which we are laying before H.M. for her determination thereupon. In considering the Acts of the Assembly of Jamaica formerly transmitted us we have judged that entituled An Act for encouraging privateers and other seafaring men and to prevent impressing derogatory to H.M. Royal Prerogative and prejudicial to her service in that it forbids the impressing of any inhabitant of that Island without exception, under very severe penalties; and may endanger H.M. ships of war in exigencies where seamen may be wanted. We have therefore offered to H.M. that the Act be repealed. And H.M. having accordingly repealed the same, we send you H.M. Order in Council, Nov. 11, that it may have its effect. And whereas we have likewise represented to H.M. that contrary to your instructions requiring that, when any Captains or Commanders of any of H.M. ships of war in any of her Plantations shall have occasion for seamen to serve on board the ships under their command, they do make their application to the Governors and Commanders in Chief of the respective Plantations, to whom H.M. is pleased to commit the sole power of impressing seamen in any of her Plantations in America or in sight of any of them, not only seafaring men, but landmen, and traders having families in that Island have been violently carried off by the Commanders of H.M. said ships of war, without your privity or direction, to the ruin of some, the terrifying of others, and the great diminution of the strength of the Island, we are ordered to assure you of H.M. due care in directing the strict observation of that Instruction for the future. And as we acknowledge your good service in relation to the passing the Revenue Act, so we desire you to be very carefull hereafter not to consent to any Act prejudicial to H.M. Royal Prerogative as your Instructions especially import. We have represented to H.M. the great disorders that we have observed in the former Proceedings of the Assembly, and their differences with you and the Councill, whereupon H.M. has been pleased to write the inclosed letter to you and the Councill that you may communicate the same to the Assembly, and further use your utmost endeavours to persuade them to lay aside their private heats and animosities and to apply themselves with dilligence and moderation to the dispatch of publick affairs as may be best for H.M. service and the welfare of the Island. We have considered of the Memorial of yourself and the other offices of the two Regiments in Jamaica, relating to Quarters, and have represented to H.M. the hardships you lye under in respect of the insufficiency of the allowance made to the superior officers by the Assembly, the dearness of provisions, and the undue method of subsisting the soldiers, it being left to the choice of the inhabitants either to receive them into their houses or pay them 5s. per week for Quarters, by which means the soldiers receiving this money may be apt to mispend it, to the ruin of their health, and be frequently left without Quarters. For the remedy and prevention whereof for the future, we doe inclose to you a copy of our Representation that it may serve for your guidance and direction in what may be necessary therein for H.M. service, and in particular that a clause be offered in the Councill or Assembly for the better securing quarters to every soldier without admitting money to be given them in lieu of Quarters which they so mispend. We inclose the copy of a Memorial presented to the principall officers of H.M. Ordnance by Francis Cope [C.S.P. Dec. 2, 1703]. We desire you to give us an account of the neglects which he complains of, and to use your endeavours that due care be taken in all such matters. relating to the defence of the Island. We have laid before the Admiralty the want of sailors in the men of war that attend the Island, and the necessity of having a sufficient provision of supernumerary men aboard those ships which may supply the places of those that become deficient, and likewise the desire of the Merchants and Planters who have applyed to us relating to the guardships necessary to be appointed for that service, and to convoys for their Trade, the effect whereof they are accordingly solliciting. We inclose a copy of Mr. Baber's complaint, that you may give us a state of that matter and your reasons for your demand by the first opportunity. As to what you write in your letter to our Secretary about the methods used by some persons of note lately arrived in England to obstruct the publick good, we desire you would name such persons in all future occasions of the like nature. Upon considering the Act of Revenue we observe that by a Clause in the latter end, it confirms all Acts formerly confirmed by King Charles II, for 21 years, which ought not to have been done by the Assembly, inasmuch as H.M. had promised to confirm the said Acts, as soon as the Assembly should have passed the Act of Revenue. We advise you therefore for the future to be more carefull how you pass any such Clause to the deminution of H.M. Prerogative. We have represented Charles Long and Richard Thompson to H.M. as persons proper to fill the vacancies in the Council, and H.M. has been pleased to appoint them. The papers you have sent us relating to the ships of Curacoa and St. Thomas taken by Jamaica Privateers, are under consideration, and in the mean time we inclose a letter from Lord Nottingham, by which you will see how you are to govern yourself in this conjuncture with relation to the Spaniards. We can not at this distance give any direction about adjourning, proroguing and dissolving of Assemblies, but must leave it to you, who, being upon the place, can best judge what will be most for H.M. service. We are glad to find the Island has suffered so little by the attempts of the enemy, and that the inhabitants are so watchfull and ready upon all occasions to defend themselves. Your Agent here is making enquiry to whom the wreck you mention does of right belong. When that is known you may be assured that we will do what in us lies in your behalf. As to what you say relating to Escheats we have that matter under our consideration. Whereas there has been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, you are to govern yourself for the future according to the Commissions and Instructions granted here in England, copies whereof are here enclosed. We send you the copy of our Representation for repealing the three Acts relating to Kingston and Port Royal, and H.M. having been pleased to approve thereof, the said Acts are repealed accordingly.
P.S.—H.M. Order in Council, Feb. 10th, for repealing the abovesaid Acts is here inclosed. We must now repeat to you our earnest recommendation that you take all possible care and represent to the Council and Assembly of Jamaica that absolute provision be made for the quarters of the two Regiments now there; and not of money for or instead of Quarters; by which means we are informed that many private soldiers are destitute of lodging and reduced to the last extremities, without which necessary and effectuall provision H.M. will be obliged to recall those Regiments from that Island. The Commission and Instructions to Privateers above mentioned not being perfected, they will be sent you by our next. [C.O. 138, 11. pp. 139–147.]
Feb. 16.
Whitehall.
108. Council of Trade and Plantations to Governor Sir B. Granville. Your letters of Oct. 31 and Nov. 27 have been laid before us. We observe what you write about Col. Maxwell's death and Mr. Johnstown's succeeding him in the Councill by an order from H.M.; but that we may be inabled to present to H.M. the names of persons to fill up vacancies that may happen in the Councill, we desire you to send us a list of such persons as you shall judge fitly qualifyed, according to your Instructions, to fill up the said vacancies, that we may make use thereof from time to time, as there shall be occasion, and for preventing of importunities from many persons that desire to be made Counsellors in Barbados. We have sent to Mr. Attorney Generall the case of Manasses Gilligan, and as soon as wee have his answer, we shall report that matter to H.M., and thereupon directions will be sent you; however in the meantime we cannot but commend your care and diligence in preventing such illegal trade. Enclose letter from Lord Nottingham relating to the Spaniards. We have reported to H.M. our opinion that you might have leave to receive the 500l. per annum settled by Act of Assembly upon you for house rent during your Government, and H.M. having been pleased to allow thereof, we desire you to send us an exemplification of the said Act under the Seale of the Island for H.M. Royal assent. Whereas there has been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, you are to govern yourself for the future according to the Commission and Instructions granted here in England; copies whereof are here inclosed. Upon consideration of an Act past at Barbados, Nov. 18, 1701, entituled An Act to incourage privateers in case of a war, wherein is no provision for preserving to the Lord High Admiral his tenths and other dues according to the inclosed Order of Councill of March 6, 1665/6, we are to advise you to endeavour that a clause be inserted in some other Act, for reserving the said tenths and dues, otherwise this Act will be repealed by H.M. for that defect. The Commission and Instructions abovementioned will be sent you by our next. [C.O. 29, 8. pp. 382–385.]
Feb. 16.
Whitehall.
109. Council of Trade and Plantations to the Queen. Governor Dudley having inform'd us that the French in conjunction with the Eastern Indians had attacked several places upon the frontiers of the Massachusetts Bay and had killed or carryed away about 100 persons; that he had thereupon been obliged to raise 1,000 men, which would cost the Province 3,000l. a month; that the Assembly had granted 11,500l. for their subsistence, and that upon this occasion he had writ in the most pressing manner to the Governors of Connecticut and Rhode Island for 150 men between them, but could obtain nothing from them, notwithstanding those Colonies are screen'd from the attempts of the French and Indians by the Province of the Massachusets Bay; we humbly offer that your Majesties letters be sent to the said Colonies, taking notice of this refusal and enjoyning them to assist their neighbours upon occasion for their mutual security. And Col. Dudley having further represented to us the great want the Province is in of small arms, wee humbly offer that your Majesty be pleased to order 400 fire-arms to be sent to the Governour, and that he be directed to take care that the value thereof be reimbursed by the Assembly, or by such persons to whom the said armes shall be delivered, and not otherwise. [C.O. 5, 911. pp. 206–208.]
Feb. 16.
Whitehall.
110. Council of Trade and Plantations to Governor Dudley. Since our letters of July 29 and August 6, we have received yours of February 11, 1702/3, Aprill 4, August 5, September 15 and October 27 last; in which you mention several papers to be inclosed, but those papers not being received with the said letters, we send you herewith a list thereof that you may know what is wanting. Wee observe the Assembly of New Hampshire have given 500l. towards the reforming the fort at Piscataway; but as we fear that summ will not go very far, you will do well to exhort them to compleat what is so necessary for their defence. As to the complaint of the Massachusets Bay against the New Hampshire Act for continuing the duties on timber etc. exported, we can say nothing to it, not having yet received that Act. Your desire of having a Judge of the Admiralty has been complyed with, and Mr. Byfield has accordingly been appointed. As to what you write about the revenue arising by fines and amerciaments in New Hampshire falling short of the allowance made to the Justices at their Sessions, we can only say that if that allowance be according to Law, we have no objection to it. But, however, you must be carefull there be no abuse in the disposal thereof. Wee are sorry to find the Assembly so averse to comply with H.M. commands of assisting New York; however, you have done your part in pressing them to it. We have reported to H.R.H. the want of guardships and convoys for New England, and ships are appointed for those services accordingly. Your care and diligence in raising men for the defence of the Province upon the approach of the enemy is very commendable, and wee hope by your management the Assembly will be prevailed with to raise the money necessary for the maintenance of the said men during the war. We have represented to H.M. the refusal of Connecticut and Rhode Island upon that occasion of sending you 150 men between them, as also your desire of small arms; likewise the irregularities in Rhode Island, particularly relating to their pretended power of Vice-Admiralty. Whereupon H.M. has been pleased to repeal an Act of theirs, by vertue of which they have claimed an Admiralty Jurisdiction, and to write the inclosed letter which we desire you to send forwards, and to give us an account from time to time how they behave themselves for the future. We are well pleased that Mr. Usher's advancement is acceptable to you, we doubt not of your good correspondence with him, and your impartial justice in what relates to Mr. Allen's pretentions. We inclose a letter from the Earl of Nottingham by which you will see how you are to govern yourself in this conjuncture in relation to the Spaniards. There having been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, you are to govern your self in the like occasions for the future according to the Commissions and Instructions granted in England with regard to the difference of places, copies whereof are here inclosed. Having reported to H.M. our opinion upon two of the Acts of New Hampshire, in the collection formerly received from you, vizt., An Act for the confirmation of Town Grants; and An Act to prevent contention and controversies that may arise concerning the bounds of the respective towns within this Province, and H.M. having been pleased to repeal the same, we send you here inclosed a copy of H.M. Order in Councill of November 11 last for that purpose, as also of our Report that you may see our reasons for repealing the said Acts. We are sorry to find the Assembly so averse to settle a salary upon you. And H.M. having often recommended that matter to them without effect, we do not see what more can be done at present. Nor do we think necessary to lay the Act for 500l. (given you by them) before H.M., for that you may receive it without H.M. confirmation as you will find by H.M. letter of Aprill 20 last. P.S.—H.M. Letters being not yet perfected, will be sent by our next. Annexed,
110. i. List of papers referred to in Gov. Dudley's letters, which have not been received. [C.O. 5, 911. pp. 208–216.]
Feb. 16.111. Mr. Thrale to Mr. Popple. I have made a strict enquiry concerning the persons you gave me yt. were of the Councell of the Leeward Islands, and find that Mich. Smith of Nevis, and Francis Carlile and Jno. Corbett of Antegua, are dead, and Tho. Duncombe, in England, will not return; Jno. Estridge of St. Kitts, is dead; Steph. Paine and Jno. Davis of the same place are living. Signed, Jno. Thrale. Endorsed, Recd. Read Feb. 17, 170¾. ½ p. [C.O. 152, 5. No. 54.]
Feb. 17.112. List of the Councill of the Leeward Islands. Nevis: William Burt, John Smer, Azariah Pinney, James Bevon, William Butler, William Ling, James Thynn, Daniel Smith, Richard Abbot, Phineas Andrews (a), Phillip Broome (a), Thomas Butler (a). St. Christophers: Walter Hamilton, Lt. Gov., Charles Mathew (a), Joseph Crisp (a), John Mac-Arthur, Michael Lambert, Henry Burrell, Samuell Crook, John Garnett, James Thynn, John Pogson, Steph. Paine (a), Jno. Davis (a). Antegoa: John Yeomans, Lt. Gov., Rowland Williams, John Fry, senr., John Hamilton, Edward Byam, James Thynn, Henry Pearn, William Coddrington, Charles Mathew (a), Henry Lyons (a), Barry Tankard (a), Tho. Morris (a). Mountserat: Ant. Hodges, jr., Lt. Gov., William Fox, Thomas Lee, William Fry, John Scott, James Thynn, John Dawley, Joseph Little (a), William Beddingfield (a), George Milward (a), George Lydell (a), Charles Mathew (a). Mem. Those marked (a) are proposed to fill up vacancies. Endorsed, Recd. Read Feb. 17, 170¾. 1 p. [C.O. 152, 5. No. 55.]
Feb. 17.
Whitehall.
113. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty the draught of Instructions for Governour of the Leeward Islands. [Same as given to Governor Codrington, 1699. No. 766, q.v., with Additional Instruction relating to proportion (one-half) of English seamen required on vessels during the war.] [C.O. 153, 8. p. 249; and 153, 9. pp. 1–31.]
Feb. 18.114. Jno. Thrale to Mr. Popple. I have attended Mr. Warre with their Lordships' letter to Lord Nottingham, who says it was moved and lyes before the Queen, and there being noe notice taken of ye Representation, his Lordship must have a fresh letter to signifie the necessity of it's being dispatched. Signed, Jno. Thrale. Endorsed, Recd., Read Feb. 18, 170¾. ½ p. [C.O. 5, 1120. No. 78.]
Feb. 18.
Whitehall.
115. Council of Trade and Plantations to the Earl of Nottingham. The convoy being shortly to sail for New York, where stores of war are very much wanted, that Province being a frontier to the other Colonies against the French, we pray your Lordship to move H.M. upon the list of stores formerly presented, that they may be dispatcht, or such part thereof as H.M. may direct by this convoy, and that we may be inabled to give the Governour an account of H.M. directions therein. Autographs. 1 p. [C.O. 5, 1084. No. 21; and 5, 1120. pp. 43, 44.]
Feb. 18.
Whitehall.
116. W. Popple to Richard Warr. Enclosing draught of Lord Nottingham's letter to the Governors of America, as altered by the Council of Trade and Plantations. Annexed,
116. i. Draught of Letter from the Earl of Nottingham to several Governors in America, as altered by the Council of Trade. The States General of the United Provinces having represented to the Queen the advantages and conveniences of the trade with Spain in the West Indies, H.M. upon consideration of the reasons alleged by them has thought fit to approve of their proposal, and to continue the trade and commerce with the Spaniards in those parts during this warr in all commodities, excepting stores of warr and ammunition, and such commodities as are prohibited by law to be carryed from H.M. Plantations directly to any foreign country: And H.M. has commanded me to signify her pleasure to you, that you permit and suffer her subjects freely and openly to carry to any place or territory under the Dominion of Spain in America all such merchandizes and commodities as might have been carryed thither before the war, provided there be not among them any stores or ammunition of warr, which you must be very carefull to hinder, and you are likewise to permitt H.M. subjects to bring from the Spanish Dominions in America any merchandize or goods of those parts; and the Dutch having promised to injoyn their privateers in those parts not to disturb H.M. subjects in this trade, you must in like manner require all the privateers under your jurisdiction not to molest any of the Dutch in their trade to and from the Spanish Dominions except only in case of their carrying stores and ammunition of war. But as the reasons inducing H.M. and the States Generall to this resolution are peculiar to the Spanish trade, and respect only the Spanish nation, H.M. would have you take as much care as is possible that the French may receive no benefit by this indulgence. [C.O. 324, 8. pp. 372–374.]
Feb. 18.
Whitehall.
117. Council of Trade and Plantations to the Earl of Nottingham. It will be necessary that copies of the Orders of the States General to their Governors be sent with your Lordship's letter to each of the Governors of H.M. Plantations. [C.O. 324, 8. p. 375.]
Feb. 18.
Whitehall.
118. Council of Trade and Plantations to Col. Quary. We have received your letters of June 30, July 25, Aug. 4 and 14, and Oct. 15 last. We approve your diligence and endeavours in preventing illegal Trade, and hope the method you have taken to prevent frauds in the importation of bulk tobacco will have a good effect. Upon what you writ relating to Mr. Roger Mompesson's superseding you as Judge of the Admiralty in Pennsylvania, we have represented that matter to H.R.H., upon which your Commission has been again renewed. We also writ in your favour to the Commissioners of H.M. Customes upon occasion of Mr. Randolph's death, whose place was thereupon immediately conferred upon you, we doubt not of your care and pains therein. You not having in any of your foresaid letters acknowledged the receipt of ours of Feb. 25, 1702/3, which inclosed to you H.M. Order in Council of Jan. 21st, we send you a copy of the said Order, which you will communicate to the Deputy Governour of Pennsylvania, that he may govern himself accordingly. We sent copies of our said letter to you under cover to the Lord Cornbury and to Coll. Nicholson. As your correspondence is very acceptable to us, we desire you to continue the same upon all occasions. [C.O. 5, 1290. pp. 441, 442.]
Feb. 18.119. H.R.H. the Lord High Admiral to Governor Mathew. Empowering him to give orders to H.M. ships appointed to attend upon the Leeward Islands, for cruizing and protecting H.M. subjects. Signed, George. Endorsed, Recd. Read March 9, 170¾. Copy. 1 p. [C.O. 152, 5. No. 56; and 153, 8. pp. 259, 260.]
Feb. 19.
Newcastle.
120. Lt. Gov. Usher to the Council of Trade and Plantations. By this conveyance you will have Col. Dudley's Speach on the 11th inst., representatives' answer on 12th. One half hour after the answer read, the Assembly order'd to be prorogued, to speak truth Assembly called for the Speach. I humbly conceive for H.M. service taking care of the fort, repairing the same, and securing of it had been of greatest concernment the which to this day is not done, no timber, boards or plancks so much as agreed for, there was two small gunns for salutes, which Col. Dudley about one year since taken out of the fort is not returned again. Repeats about Capt. Hinks etc., Dec. 19, Jan. 19, etc. There was against Mr. Hinks a Petition to H.E. and Council of two soldiers for 30l. paid by the Treasurer for their wages due to May last, Hinks refuses to pay, the soldiers directed to prosecute Hinks at next Court in forma pauperis, so they will be kept out of their money above one year and have one year's wages more due, the poor soldiers have not bread to eat, but what is beged out of charity to be supplyed, so the fort neglected, the poor oppressed, all because Mr. Hinks first in Councill, to speak the truth such things dishonourable. The 18th instant I visited the out - garrisons, find all families at their respective houses, not in garrison, and secure as if no war, notwithstanding the enemy hath twice made attacks at garrisons in severall places, killed and carryed away alive many of H.M. subjects. There has ben volunteers after the enimy, but returned without seeing one enemy or one living creature. Boston Government hath made taxes for 12 or 15 rates, which will amount unto above 30,000l., this Province not made rate for one penny, though surrounded by and most exposed to the enemy. Your Lordships will find by Representatives' answer [see under March 3] they are for Mr. Allen to have 2/3 of the land up in the country, one foot of land by the seaside is of more value than 100 foot in the country, the first settling of this country was by Mr. John Mason, who sent over servants and chattell for settling the place, when Mr. John Mason dyed his servants entred upon and took possession of the lands, have disposed of the same, together with the stock, which amounted to 2,500l., and sold the same. Mr. Robert Mason, who derived his title from Mr. John Mason, hath for 43 years made a constant claime. As to the town bounds, by which the[y] make a claime, the said town bounds were never apointed above four or five years ago, so the priviledge of commons for wood and feeding no right unto, neither has the General Assembly power to settle town bounds, or grant power to dispose of lands; by seizing the Government in Oliver's time, Mr. Mason kept out of his right to this day. As to hazard of their lives and bloodshed for defence of the place is no more then all H.M. Governments, and as for the treasure expended, is all had of the wast and uninclosed lands, as for the Indian war which hath expended a treasure, I judge the war with Indians of late was occasioned by one Major Walderen, who in a former war invited Indians in giving assurance they should have their lives and liberty, upon which the Indian enemy came in and surrendered themselves, when so done were seized, many shot to death, and the rest shipt off for slaves, which usage the Indians will not forgett; in the Assembly's answer they desire H.E. favourable representation for them, which judge he will, they being able to give great presents, but hoped will not availe; H.M. having given directions thereon, the mony presented H.E. is not out of duty but intirest. H.E. communicated H.M. letter as to misaplying of the Revenue, that the Assembly takes no notice of, so overlooked, and Gov. Dudley will not enquire into that matter because above 1,100l. Mr. Partridge and Vaughan received all by contrivance of Mr. Walderen (who thoug no Assembly-man drew up the said Speech) and by reason of him money presented, and disbursements for entertainments. Walderen is Governor, all things to be done as he pleases, in a word the Lieutenant Governour signifyes nothing but made a laughing stock to serve Walderen's intirest. Your Lordships will find in the answer a complaint for pressing Judges, Justices and cheif men as private sentinells and sending out on a scout, the clause in the Act for pressing men in the Province I here enclose with copy of a warrant for pressing, the design of the Act was for opressing the poor by serving and the rich go free, a rich man that has but one man shall only serve, and a poor man or trader that has five or six they must all serve, the very impotent and sick that cannot march must pay 2s. 3d. a day, an unjust Act however I begin with the rich and shall so do leaving the poorest to the last, a contrivance to save rich men's estates the poor to do all. As to trees to be preserved for masts, abundance this winter destroyed for masts, and beleive in ten years' time H.M. cannot be supplied with masts from hence as now is unless some possitive orders to prevent the same. When I was in England the Earl of Limrick did discourse of settling the Eastern Country, if H.M. please to grant the same to him, I doubt not but the Indian Enemy will be soon subdued, and will be a setling of those parts, a great security against French and Indian enimy, which they possess without disturbance. The Eastern Country the onely place for Navall Stores, and for supplying H.M. therewith the country is able to do it; to be carryed on to effect, must be by a Company. I find none against it but some Merchants, who think a Company will be prejudiciall to their particular interest, but judge may be of great advantage to the Crown and the English Nation, and to the whole country; there are new discoverys of great Tracts of Land with Trees fitt for rosom, pitch and tarr. William Partridge comes by this conveyance, who, when I was in England, exhibitted a charge entring on Government without being qualifyed. I send copy of a Commission stiling himself Commander in Chiefe, by it the Act makes 1,000l. forfeiture, besides his contempt to your orders; his entring on Government I send you Minuit of Councill, besides which I judge is answerable for issuing out moneys in the Treasury by orders under his hand (copies enclosed) in moneys paid to Mr. Partridge, 'tis said in the order for disbursements, but no acct. on file for 1d. disbursed: there has bin 1,167l. paid out of H.M. Revenue to Wm. Partridge and Wm. Vaughan, which humbly desired may be inquired into, in case Partridge and Vaughan be in England; if they give security to answer for the Queen's Revenue the abovesaid summe, am redy to make appear to be misapplyed. One Wm. Furber was for a misdemeanor sentenced to pay 20l., committed to prison for the same. Mr. Partridge setts him at liberty. I do not find by the Instructions power to remitt a fine of above 10l., said Furber a person disaffected to Crowne Government etc. Here is one Mr. Mentzis, a loyal able person whom I make bold to recommend for Secretary and Recorder, none on the place having a Commission. King William was pleased to order the books of Records to be put into the secretary's hands, that refused: your Lordships have ordered the same, that disobeyed: the books being demanded of Mr. Penhallow refused to deliver them, alleading because were put into his hands by order of Wm. Partridge, Lt. Gov., Council and Assembly. I have for Mr. Allin ben searching ye Records for Judgements obtained in Mr. Mason's time and for evidences in ye case, find in the Books of Records all the Judgements cutt out, in all 23 leaves. And all the proceedings as to Title and Evidences taken away, which is great injustice, and of a high misdemeanor. And yett those Persons are the persons in place of trust and power, and persons of honour and justice laid aside to serve private ends. The Treasuror and Major hath no Commissions; those two places reserved for Major Vaughan of Antimonarchicall principles, etc. Several persons served H.M. at Jamaica, the Capts. promising great wages and press money, but when listed paid them none, which makes great murmuring here. My Lords, this Province is of greatest concernment to the Crown for supply of Navall Stores: the place even the Key of all other places is but weake in itselfe; humbly propose H.M. frigatts ordered for these parts, there station may be appointed for Newcastle, where they may be as well supplyed with provisions, a safeguard to the place, a benefitt for procuring masts, a great discouragement to the enimy. Repeats former statements. Prays for directions how far my power is to be extended in absence of the Governor. I have account that Capt. Walton and one Capt. Browne, both good men, Commanders in Boston Government, hath orders to consult with Mr. Walderen so to act as by his advice, in case I am betrusted with the Queen's Commission, Mr. Walderen to do all I think disrespect to Queen's Commission. My principalle is not to countenance any ill thing in rich or poor, but if do not countenance the rich therein, I must be as a cipher. As to affairs of the Province, beg your Lordships to send for Masters of vessels, as Capt. Eason, and passengers to give account. Signed, John Usher. Endorsed, Recd. 11th, Read 23rd May, 1704. 2¾ pp. Enclosed,
120. i. List of Members of Council of New Hampshire who do not attend: Wm. Partridge, dismist on request; Nathanl. Fryer, ditto; John Hincks, refuses; Nathanl. Waren, by reason of age cantt; Wm. Vaughan, absent; John Garish, not this five months attend in Councill.
Humbly offer as loyal persons: Major Jos. Smith; Winthrop Hilton; Kingley Hall; Thomas Packer; Peter Waer. Same endorsement. ¾ p.
120. ii. Copy of the accounts of Wm. Vaughan, Treasurer, 1698. Same endorsement. 2 pp.
120. iii. Copy of an account of money paid by the several Treasurers of New Hampshire to Lt. Gov. Partridge, with copies of his orders for payment of the same, 1698–1701. Same endorsement. 2¾ pp.
120. iv. Copy of a Clause of an Act of New Hampshire, past Oct. 6, 1703, for scouting after the French and Indians; of Minutes of a Council of War (Dec. 22) and Lt. Gov. Usher's order thereupon, Dec. 24, 1703, for impressing soldiers to scout. Same endorsement. 1½ pp.
120. v. Copy of Minutes of Council of New Hampshire, Feb. 8, 1696, relating to orders for seizing Mr. Usher; and (Dec. 14, 1697) to Mr. Partridge's publishing his Commission as L.G.; and (March 3, 170¾):—The L.G., now going to Boston, acquainted the Council that he had visited some of the Garrisons and found none in garrison as the Law directs; also that he lately gave a Commission to Capt. Walton for Capt. of Fort William and Mary, with orders to Capt. Hinkes to deliver H.M. Stores, who refused; therefor designs to leave the fort under the management of Lt. Theodore Attkinson. Same endorsement. 1¾ pp.
120. vi. Copy of a Commission from Lt. Gov. Partridge to James Randle to be ensign of a Foot Company, April 1, 1698. Same endorsement. 1 p.
120. vii. Deposition of Joseph Smith that on Dec. 30th, 1697, John Usher published orders from Whitehall and the Proclamation of Peace at Hampton and Newcastle, and sat in Council Dec. 13th. On Dec. 14 Wm. Partridge issued a warrant to apprehend Wm. Ardell, Sheriff, commissionated by John Usher. Same endorsement. Copy. 1 p.
120. viii. Extracts of letters from Governor Dudley to Lt. Gov. Usher, relating to Capt. Hinks, Oct. 28 and Nov. 28, 1703. [See under Jan. 19 and March 3.] Same endorsement. Copy. 1 p.
120. ix. Lt. Gov. Usher's Report to Gov. Dudley upon Capt. Hinks' neglect of the Fort etc. Feb. 8. 170¾. Same endorsement. Copy. 1 p. [C.O. 5, 863. Nos. 78, 78.i.–ix.; and (without enclosures) 5, 911. pp. 312–326.]
Feb. 21.
Whitehall.
121. Council of Trade and Plantations to the Queen. We humbly offer that the stores necessary for the Leeward Islands (see Feb. 2 and 12) be sent by Governor Mathew to the said Islands. [C.O. 153, 8. p. 253.]
[Feb. 21.]122. Opinion of R. Mompesson, Counsel at Law, upon the Jurisdiction of the Admiralty Courts in the Plantations, Aug. 15, 1699. Described in Col. Quary's Letter, July 25, 1703. Endorsed, Recd. Read Feb. 21, 170¾. Copy. 4¾ pp. [C.O. 5, 1262. No. 67.]
[Feb. 21.]123. Moses Stringer, Professor of Phisick and Chemistry, to the Queen. If it shall please your Majesty to grant him and Company a Charter and Letters Patents for settling and fortifying Tobagoe and Trinidado, when they can purchase the same and the Virgin Island, and for asserting the King of Spain's right and proclaiming him in all his Colonies in America, and for making captures upon the enemy in the North and South Seas of America and for building and endowing a Colledge upon the Island of Tobagoe and founding a large Hospital near the City of London for infants and such men as may become maim in their service, the above promise to fit out 60 saile or more of private men of war, besides merchant ships, to rendezvous at Tobago, and to transport thither such numbers of indigent families as will be sent by some wealthy merchants and others who have subscribed for 40,000 acres of land there etc. Elaborates proposals. If H.M. give Stringer and Co. full power to destroy the enemies' ships, they will do it until they have not left one in America, neither French nor Spanish, and will for the future bring all the King of Spain's treasures to Tobago, and there deliver it to your Majesty's ships to be carryed to Spain, so that they never more may have an opportunity of increasing their navigation, or otherwise with your Majesty's assistance will farm the mines of his Catholick Majesty, etc. And whereas the Emperor of Caribe Nation lives upon the large fertile Island of Trinidado, whereon he has vast numbers of subjects, and comes once a year in his periaguoes a processioning round the Island of Tobagoe, claiming it as his, and hath many times disturbed the settlement of Tobagoe, he has several Colonies of Spaniards upon Trinidado, with whom he lives amicably, but hitherto there has been a misunderstanding, and too often violent and bloody actions betwixt the English and those natives who are very numerous, and can now joyn the Spaniards under French Government and with their periaguoes pour vast numbers thereon, and the French may exert their politics to the great damage of the American trade, wherefore Moses Stringer, if your Majesty pleases, at their own cost will go your Majesties Ambassador to the Emperor of the Caribe Nation and make a perpetual peace with him etc. etc. Some queries and answers as to the Navigation Laws etc. Endorsed, Recd. Read Feb. 21, 170¾. 7 closely written pp. [C.O. 28, 7. No. 19.]
Feb. 21.
Spring Garden.
124. Mr. Jenings to [? W. Popple]. Their Lordships were pleased to dispense with my attendance for sometime to visitt my relations in Yorkshire. I went to provide a place in ye York Coach for to goe this day or sooner, but found ye coaches taken up till ye 9th of ye next month. Proposes to wait on the Board before leaving London. Signed, E. Jenings. Endorsed, Recd. Read Feb. 21, 170¾. Holograph. 1¾ pp. [C.O. 5, 1313. No. 39.]
Feb. 22.125. Mr. Thurston to Mr. Popple. I entreat the favour of you to lay the enclosed before the Council of Trade and Plantations. It may possibly be taken notice of that the whole pay of the Company at Newfoundland is now demanded, whereas the subsistance only was required formerly. But the same is conform to the method the Lord High Treasurer has seen fit to take with them for these two years past, and by that means they stand fully cleared from Christmas, 1701, to Christmas last. But before that time, all mony issued was not to any determinate space, but on account only, which passing through the hands of many officers, I humbly conceive it absolutely necessary for the Service that the same be adjusted; and then, what shall thereupon be found to exceed the subsistance for the time preceding the Lord Treasurer's clearing may be otherwise applyed, either towards payment of the Company's arrears, or towards satisfying the present demand exclusive of provisions, which must still continue in the same way of advance, from summer to summer, or the men perrish. Yet my Lord Treasurer is at present determined not to make any payment beyond Christmas as the Parliament direct their funds. Signed, J. Thurston. Endorsed, Recd. Feb. 22, Read March 2, 170¾. 2 pp. Enclosed,
125. i. State of the Arrears of the Company at Newfoundland. Total 221l. 4s. 2d. 1 p.
125. ii. Wanting for the Company at Newfoundland, 1704. Total, 916l. 12s. 8d.; a year's provisions, the value of malt and hops in money (not enough sent last year), and a chest of medicines etc. Signed, J. Thurston. 1 p.
125. iii. Small cloathing necessary for the Company at Newfoundland, 1704. Total value, 53l. 13s. 4d. ¾ p. [See Acts of Privy Council II. No. 926.] [C.O. 194, 3. Nos. 13, 13.i.–iii.; and 195, 3. pp. 260–265.]
Feb. 22.
Whitehall.
126. Council of Trade and Plantations to the Earl of Nottingham. We have examined the list of the Councill of Barbados, as also the list of such as the Governours have recommended to us, which are inclosed. There is no vacancy at present in that Councill, the compleat number thereof being twelve and no more. And as to Col. Downes, who is one of the persons recommended, we have no objection against him, but on the contrary a very good character of him as well as of every other person in the said lists. [C.O. 28, 9. pp. 388, 389.]
Feb. 23.
St. James's.
127. Order of Queen in Council. Approving Representation of Feb. 16 and ordering the Earl of Nottingham to prepare a letter for H.M. signature, to be sent to the Governor and Company of Rhode Island by the first conveyance. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 5, 1262. No. 68; and 5, 1290. pp. 446, 447.]
Feb. 23.
St. James's.
128. Order of Queen in Council. Approving Representation of Feb. 16, and ordering Lord Nottingham to prepare letters for H.M. signature to be sent to the Governors by the first conveyance accordingly. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 323, 5. No. 39; and 324, 8. p. 379.]
Feb. 23.
St. James's.
129. Order of Queen in Council. Ordering the draught of Instructions for Gov. Mathew to be prepared for H.M. signature. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 152, 5. No. 57; and 153, 8. p. 256.]
Feb. 23.
St. James's.
130. Order of Queen in Council. Ordering stores for the Leeward Islands as recommended Feb. 21. The Lord High Treasurer to cause the money necessary to be issued, and the Duke of Marlborough, Master General of the Ordnance, to cause the said stores to be delivered to the Governor of the Leeward Islands. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1¼ pp. [C.O. 152, 5. No. 58; and 153, 8. pp. 257, 258.]
Feb. 23.
St. James's.
131. Order of Queen in Council. Referring Representation of Feb. 16 to the Duke of Marlborough, Master General of H.M. Ordnance, to return an estimate of the charge of small armes required for the Massachusetts Bay, with his opinion what is fitt to be done therein. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 5, 863. No. 80; and 5, 911. pp. 218, 219.]
Feb. 23.
St. James's.
132. Order of Queen in Council. Approving of Representation of Feb. 16, relating to Connecticut and Rhode Island, and ordering the Council of Trade and Plantations to prepare draughts of letters for H.M. approbation accordingly. Signed, John Povey. Endorsed, Recd. Read March 21, 170¾. 1 p. [C.O. 5, 863. No. 79; and 5, 911. pp. 220, 221.]
Feb. 23.
St. James's.
133. Order of Queen in Council. Appointing Dudley Diggs Member of Council of Virginia. Lord Nottingham to prepare a warrant accordingly. Signed, John Povey. Endorsed, Recd. 11th, Read 14th Sept., 1704. 1 p. [C.O. 5, 1314. No. 1; and 5, 1361. pp. 26, 27.]
Feb. 23.
St. James's.
134. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations to examine and report upon. Signed, John Povey. Endorsed, Recd. Read March 2, 170¾. 1 p. Enclosed,
134. i. Petition of James Cowse of Barbados and Elizabeth his wife to the Queen. Complain of delays in the proceedings in the Courts of Barbados, in their claim for money left her by her father, William Sharpe, proceedings which, owing to the influence of William Sharpe, his son, defendant, a Member of the Council and Judge of the Court of Chancery, have resulted in four years' delay without any answer put in by defendants, notwithstanding two Orders in Council of the Lords Justices and his late Majesty, and beg that defendants be obliged to put in their answer. And see March 16. Copy. 3 pp. [C.O. 28, 7. Nos. 20, 20.i.; and 29, 8. pp. 397–405.]
Feb. 24.
Whitehall.
135. Council of Trade and Plantations to the Earl of Nottingham. Enclosing a letter of revocation for H.M. signature recalling Governor Codrington. Annexed,
135. i. Draught of a letter for the revocation of Col. Codrington, as usual in such cases. Countersigned, Nottingham. Dated, Dec. 27, 1703. [C.O. 153, 8. pp. 254–256.]
Feb. 24.
Whitehall.
136. Earl of Nottingham to the Council of Trade and Plantations. Enclosing following letter, continuing trade between the Plantations and the Spanish Dominions, "whereby your Lordships will understand H.M. intentions, that so persuant thereunto the Instructions to the Privateers in those parts may be altered, and suited to the present case, for which purpose H.M. would have your Lordships give the necessary directions." Signed, Nottingham. Endorsed, Recd. Read Feb. 24, 170¾. 1¼ pp. Enclosed,
136. i. Copy of Circular Letter from the Earl of Nottingham to Governors of Plantations. See Feb. 18. 1¾ pp. [C.O. 323, 5. Nos. 40, 40.i.; and 5, 209. pp. 12–16; and (without enclosure) 324, 8. pp. 376, 377.]
Feb. 25.
Newcastle.
137. Lt. Governor Usher to Mr. Popple. Repeats gist of letters of Jan. 19 and Feb. 19 etc. Endorsed, Recd. 11th, Read May 25th, 1704. Addressed. Sealed. Holograph. 1½ closely written pp. [C.O. 5, 863. No. 82.]
Feb. 26.
The Tower of London.
138. Wm. Bridges to Wm. Blathwayt. Encloses a proportion of ordnance stores necessary for Barbados, to lay before the Council of Trade and Plantations, it being part of what was formerly apply'd for by the Lord Gray, etc. Signed, Wm. Bridges. Endorsed, Recd. Read Feb. 28, 170¾. 2 pp. Enclosed,
138. i. List of stores referred to in preceding. 2 pp. [C.O. 28, 7. Nos. 21, 21.i.; and (without enclosure) 29, 8. p. 390.]
Feb. 28.
Whitehall.
139. W. Popple, jr., to John Bennet. The Council of Trade and Plantations will allow you 6 months to produce authentick proofs of the charges against Mr. Jones (Jan. 24 etc.), and particularly an attested copy of the Record of his conviction of perjury. [C.O. 38, 5. pp. 465, 466.]
Feb. 28.
Whitehall.
140. Council of Trade and Plantations to Lord Granville and the Principal Officers of H.M. Ordnance. Enclose copy of No. 138, and desire an estimate of the value of the stores referred to. [C.O. 29, 8. p. 391.]
Feb. 28.
Newcastle.
141. Sampson Sheafe to the Council of Trade and Plantations. I attended H.E. [Dudley] in Council and satisfied him on the particulars referred to by your Lordships. Refers to a memorial by Col. Romer. The Records of this Province remains as they did; how they have been preserved, or rather imbezled, your Lordships will receive the relation from a better hand. No Court of Chancery yet allowed, for want whereof manie honest men complain they suffer. No Court of Admiralty at present, the last Deputy Judge his Commission being determined. It will be a very rare thing if anie Jury in this Province [New Hampshire, upon anie trials upon ye Acts of Trade etc. bring in a verdict for H.M., tho' never so plainly forfeited. The Indians are daily doing mischiefe. This Province hath hitherto escaped, but we must expect before next summer expire our share. The divisions both in this and ye neighbouring province does forebode bad successe, etc. H. E. hath an hard taske of it, for between good willingness and a strong desire in him to please all and an impossibilitye so to do, it is no wonder if impatience does sometimes arise, he findes it very difficult to obteine anie good proceeding in anie thing for H.M. service, tho' he proposes it with never so much prudence, and if he displease, no more money. The Lt. Gov. [Usher] on publishing his Commission was entertained very coldly, and his Commission is much sleighted; he seemes to be a gentleman very sinceere and loyall for H.M. service and the best good and security of H.M. subjects here; but he is come to a ticklish Government, in respect of ye people, especially some of them, who are of an ungovernable spirit, and notwithstanding all their pretensions, against monarchical govermt. A Commander for ye Fort, and a Compa. of soldiers sent hither I presume would be very serviceable and needful. The People here continue their ill talent toward their Proprietor, tho' in a late answer of the Assembly to H.E. Speech, they seem to admit his title, and submit themselves to H.M., yet they still express themselves that they will rather spend their whole estates then he should have anie interest here, and yet manie of their predecessors were sent over by Capt. Mason as servts., who first settled this Province at his own charge amounting to more then 16,000l., besides manie thousand pounds since. These men, so soon as they heard of their master, Capt. Mason's death, seized his estate and made settlements for themselves of ye best of ye land as they pleased. Endeavors have been made to reconcile the inhabitants and Col. Allin, but in vain, by reason of some ill instruments, who work upon both parties to set them further asunder, making their particular advantages thereby. The fees of the office of Collector here are not sufficient for the subsistence of a single person. I have made several seizures to my great charge and hurt, for thoro' the favour of those then in govermt. the causes went against H.M. In Mountess's cause I expended at least 80l., and in triall of ye cotton wooll above 20l., both plain cases, so that I have officiated almost for nothing. I have formerly been Secretary, deplaced without anie fault found to make way for him now emploied; he hath no Commission and is a stranger. If your Lordships please to direct that I may be restored to that place and Keeper of ye Records, I shall thankfully accept etc. Signed, Sampson Sheafe. Endorsed, Recd. April 29, Read May 23, 1704. Addressed. Holograph. 2¼ pp. Enclosures referred to missing. [C.O. 5, 863. No. 83; and 5, 911. pp. 306–312.]
[Feb. 28.]142. Pennsylvania Company to the Council of Trade and Plantations. Reasons why they cannot undertake the importing of Naval Stores from the Plantations without a Charter. Endorsed, Recd. Read Feb. 28, 170¾. 1½ pp. [C.O. 5, 1262. No. 69; and 5, 1290. pp. 443–446.]
Feb. 29.143. Mr. Bridger to the Council of Trade and Plantations. I have seen the Gentlemen concerned with me, who pray(s) me to acquaint your Lordships that, if there be a Company granted, concieve twill much advance the price of those stores there, and the mighty price now given here, being 3l. per barrel tarr, 30s. per cwt. pitch, and no probability of being cheaper, they cannot supply the quantity under 35s. per barrell of tarr and 22s. the cwt. for pitch, by reason the scarcity here is known in all places proper for the raising those stores, wch. has much advanced them in the Plantations, from 10s. per barrell to 16s. tarr, but if your Lordships will give us such dispatch as we may depart hence by the midle or last of Apprile wth. convoy, they are willing to proceed on the last price mentioned, otherwise to dissist. Signed, J. Bridger. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 5, 863. No. 84; and 5, 911. pp. 216, 217.]
Feb. 29.
Whitehall.
144. W. Popple to Richard Warr. Enumerating Governors of [all] the Plantations and Proprieties etc. to which the Council of Trade think the Circular letter relating to Prizes should be sent, and enclosing copies of H.M. Declaration to be sent therewith. [C.O. 324, 8. pp. 377, 378.]
Feb. 29.
London.
145. Jeronimy Clifford to the Council of Trade and Plantations. Proposing 3 merchants to state his accounts [see Feb. 10]. Signed, Jer. Clifford. Endorsed, Recd. Read March 2, 170¾. 1 p. [C.O. 388, 75. No. 87; and 389, 36. p. 177.]
Feb. 29.146. Attorney General to the Council of Trade and Plantations. Report on the case of the Mohegan Indians, quoted [see Dec. 3, 1703, Feb. 1]. Subscribed, It doth not appear to me that the lands now claimed by the Indians were intended to pass or could pass to the Corporation of the English Colony of Connecticut or that it was intended to dispossess the Indians who before and after the Grant were the owners and possessors of the same, and therefore what ye Corporation hath done by ye Act mentioned is an apparent injury to them, and H.M., notwithstanding the power granted to that Corporation, there not being any words in the Grant to exclude H.M., may lawfully erect a Court within that Colony to doe justice in this matter, and in ye erecting such Court may reserve an Appeale to H.M. in Council, and may command ye Governors of that Corporation not to oppress those Indians or deprive them of their right, but to doe them right notwithstanding the Act made by them to dispossess them, which I am of opinion was illegall and void. Signed, Edw. Northey. Endorsed, Recd. Read March 3, 170¾. 4 pp. [C.O. 5, 1262. No. 70; and 5, 1290. pp. 451, 452.]
[? Feb.]147. Lt. Gov. Usher to the Council of Trade and Plantations. Repeats part of letters Feb. 19 etc.
Since my arrival in visiting the garrisons etc., I have spent above 50l. My Commission bears date June 14, 1703. Having moved to the Country for a House and mony for support of the Government, they refused. Now being in my fifth year serving the Crown, hope H.M. will grant reliefe for my support etc. The little time I have been here, have done more as in visiting the garrisons and security of the Forts than all the Governors put together since 1696, etc. If Col. Dudley or any writes anything against me, desire no more then I may know what it is, and give an answer upon a fair hearing etc. Signed, John Usher. Endorsed, Recd. April 29, Read May 8, 1704. Addressed. Holograph. 1 p. [C.O. 5, 863. No. 77; and 5, 911. pp. 278–280.]
[? Feb.]148. Governor Codrington to the Council of Trade and Plantations. I did not intend to amuse your Lordships when I promist yr. Lordships to give you a good acct. of things here. As to ye condition of the Islands Col. Thomas was sent home on purpose to give it yr. Lordps. wth. full instructions from myself, the Councill and Assembly, and I thought yt. method wd. be of greater use than a letter, since he might further answer such questions as your Lordps. should think fit to ask. I have had a very capricious, and at this time almost a distracted People to deal with, and in good earnest thô I have had a great deal of trouble with them they are rather to be pityed than blamed. What I cheifly aim'd at, and what I have been labouring at ever since I came over (except from ye taking of St. Christophers till ye late recovery of my health) was to send your Lordships ye satisfactory news that I had put our Courts of Justice upon a better foot than they were in when I arrived. I had brought ye Assembly to a pretty good temper and we were reforming our very bad Act, when I reced. orders from my Lord Nottingham to prepare for ye assistance of Jamaica. The people here beleived these Islands were to be perfectly sacrificed and abandoned, and were so out of humour, that for a good while I coud perswade 'em to doe nothing in public busnes; but I have incessantly pursued my point, and now send yr. Lordps. a much better Act of Courts than is any where in the Indys, or perhaps any where else. I have also brought 'em to a resolution of reviewing all their Acts, and if I had continued here, I beleive yt. work wd. have been finisht by ye next Spring, however I hope it will goe forwd.; I am now going to ye other Islands, and beleive I shall easily get ye same Act past in all of them. I have more than once prepard them good Acts, but they still made amendments and stufft in all yt. was bad in ye Antigua Act, so that I found till that was altered noe good was to be done any where else; to gain this point has cost me more pains than I shall trouble yr. Lordps. wth. an acct. of; 'tis at last well got over, the merchant will have no further reason to complain, and my successor will have little to doe but to see this Act, and yt. of ye Militia duly executed to keep all things in good order; I am told I may expect Col. Mathews here in May; I cannot prepare for my voyage under two or three months, and shall not be willing to come over just before the winter, so I design to go up and settle my affairs in Barbadoes, and shall not have ye honour of seeing your Lordships before the next spring. Signed, Chr. Codrington. P.S.—I have also perswaded the Assembly to go on wth. their great fortification on Monks Hill, thô they think it very hard and beleive they ought to be trusted with ye applycation of ye 4½ per cent. as well as ye gentlemen of Barbadoes. Holograph. 3½ pp. [C.O. 152, 5. No. 59; and 153, 8. pp. 267–270.]
[? Feb.]149. Duplicate of preceding. Endorsed, Recd. 24th, Read 25th April, 1704. [C.O. 152, 5. No. 60.]