America and West Indies
June 1704, 21-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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174-194

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'America and West Indies: June 1704, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 174-194. URL: http://www.british-history.ac.uk/report.aspx?compid=73662 Date accessed: 30 July 2014.


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Contents

June 1704, 21-31

June 21.403. Attorney General to [? the Earl of Limerick]. I am of opinion [upon a case submitted of a Roman Catholic petitioning for a grant of Crown land in New England] that a Roman Catholick is not disabled to purchase lands in H.M. Plantations, the disabling statute of 11 William III extending only to lands in England, Wales and Berwick on Tweed. Signed, Edw. Northey. Endorsed, Recd. Read June 22, 1704. Presented to the Board by the Earl of Limerick. [C.O. 5, 863. No. 103; and 5, 911. p. 343.]
June 21.
Whitehall.
404. Council of Trade and Plantations to the Queen. We see no objection to the heir of Major-General Selwyn [see June 16 and Acts of P.C., II, p. 474] being allowed to receive the sum voted by the Assembly of Jamaica. [C.O. 138, 11. pp. 278, 279.]
June 21.
Mint Office.
405. Table of the Weight and Intrinsic value of foreign coins in England, with a computation for proportioning them in the Plantations. [Embodied in Proclamation, No. 392.i.] Signed, Is. Newton. Endorsed, Recd. Read June 23, 1704. 1 p. [C.O. 323, 5. No. 59; and 324, 8. pp. 465, 466.]
June 22.406. Governor Lord Cornbury to the Council of Trade and Plantations. After having several times desired Captain Nanfan to make up his accounts with the 4 Companys of Fuzileers, after many delays he brought me an account stated by a Dutchman here, which had neither head nor tail. I told Mr. Nanfan his accounts must be stated by way of debtor and creditor, but it seems the persons he employed either could not or would not understand that method, for he brought me two accounts afterwards in no better a method than the first, so seeing there never would be an end that way I ordered the accounts to be stated as I have seen it done in England, under the heads of subsistance, clearings and off reckonings according to the establishment and muster rolls, and a copy to be given to Capt. Nanfan, after he had had it some time I laid another copy of that account before the Councill, and desired them to consider it well, to send for Capt. Nanfan and hear his objections, if any he had, and make a report to me upon the whole matter, accordingly they did make a report which I here send inclosed with the account abovementioned, which I hope will prove to your satisfaction. I am sure if I had not taken this method, I should not have been able to have sent over his accounts these three years. Deals at length with Capt. Nanfan's Accounts. [Set out New York Documents, IV., pp. 1100—1103.] Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. 3 large closely written pp. Enclosed,
406.i. List of papers, relating to the accounts between Capt. Nanfan and the Forces at New York. 4 pp.
406. ii. Capt. Nanfan's Account with the Four Companies. 2 pp.
406. iii. Capt. Nanfan's Account of money paid in England and received by him. 3¾ pp.
406. iv. Capt. Nanfan's Account of Subsistence, clearings and offreckonings of the Four companies, Dec., 1700–1701. 7 pp.
406. v. Capt. Nanfan's Account of subsistence of the Forces, Dec., 1701—May 8, 1702. 1 p.
406. vi. Abstract of above accounts to May 8, 1702. 1 p.
406. vii. Deposition of E. Wilson, High Sherrif of New York, that he arrested Capt. Nanfan on Oct. 2, 1702, on suit of the Queen, and on his giving security to answer for any sums he should be found indebted to the Crown, he was immediately discharged. He has since arrested him on several suits for debt, in four of which (brought by John Theobalds, Capt. James Weems, and William Glencross) he hath given no bail and therefore remains in custody. Signed, Ebenezer Willson. 1 p. [C.O. 5, 1048. Nos. 83, 83.i.–vii.; and (without enclosures) 5, 1120. pp. 156–171.]
June 22.
Whitehall.
407. W. Popple to J. Clifford. Encloses following. [C.O. 389, 36. p. 197.]
June 22.
Whitehall.
408. W. Popple, jr., to Saml. Shepard, John Gardner etc. The Council of Trade and Plantations desire you to despatch your report on Mr. Clifford's accounts. [C.O. 389, 36. p. 197.]
June 22.
Whitehall.
409. Order of Queen in Council to Governor Nicholson. CommunicateOrder of Council June 15 and papers referred to. [C.O. 5, 1360. p. 484.]
June 22.
New York.
410. Governor Lord Cornbury to the Earl of Nottingham. Your letter of July 22 came to my hands April 23, the Dreadnought having been driven into Barbados etc. I beg you to assure H.M. that I will dilligently obey her commands to treat the Captains of the men of war with all civillity etc.; I hope H.R.H. will command them to be careful in keeping their men, for sometimes it falls heavy upon these Collonys by reason of the desertion of the seamen, and it falls heavier upon this then upon any other, because of the ill methods of our neighbours of Connecticut and Rhode Island, who protect all deserters both from the garrison here and from H.M. Ships, and will not let us have them, though we shew them the men, now if a ship comes into port and wants 40 men, the Queen having commanded me to provide soe many men as any of her ships may want, the Captain will have his full complement made up, this often occasions our young men to run away, either into New Jersey or Connecticut, and sometimes settle there, which is a great losse to this Collony. etc. The French of Canada and their Indians have done a great deal of mischief upon the Eastern borders of New England the last summer, last winter and this spring. They cut off Deerfield etc. owing to the negligence of the people, who did not keep guard so carefully as they should have done, though I had sent them notice a considerable time before that the ennemy was preparing to attack them, the design of the French was brought to my knowledge by some spys which I have kept in the Indian country ever since the warr has been declared, and they have proved very true to me, for they have brought me word from time to time of all the preparations the French have made, of which I have constantly given Col. Dudley notice; the ennemy have not yet attempted anything upon our northern frontiers. I will take all the care I can to be in as good a posture to receive them as possible; though all manner of stores of warr are very scarce with us, there having been none sent since I came hither, soe that a great deale of the powder is spoiled. I hope the Queen will order us a supply both of arms and ammunition. I have acquainted the Merchants here with H.M. favour granting them the liberty to trade to the Spanish West Indies; they are very sensible of H.M. great goodnesse to them etc. Signed, Cornbury. Holograph. 4 pp. [C.O. 5, 1091. No. 10.]
June 23.
Whitehall.
411. W. Popple, jr., to Mr. Lownds. The Council of Trade and Plantations desire you to move my Lord Treasurer for 400 copies of H.M. Proclamation for ascertaining the rates of foreign coins, to be transmitted to the Plantations by the West India Packet Boat on Thursday. [C.O. 324, 8. pp. 456, 457.]
June 23.
Whitehall.
412. Sir C. Hedges to Governor Dudley. You are to assist Mr. John Taylor, he being under contract with the Navy Board for importing masts from New England, and you are to take all necessary care that they be not destroyed by the Indians, and likewise to give your countenance and assistance to his Agents in building a ship in New Hampshire, which he intends to employ in that service. Signed, C. Hedges. [C.O. 324, 30. p. 6.]
June 23.
Whitehall.
413. Council of Trade and Plantations to Mr. Secretary Hedges. In pursuance of yours of June 2, requiring us to consider of a premium to be allowed on importation of pitch and tarr from the Plantations. we have discoursed with several persons well acquainted with that Trade, and humbly offer that, tho' the said merchants demand 10s. per barrel imported, i.e. 4l. per tonn, as the least premium that can be offered with hopes of success, we humbly offer that for a tryal 3l. be allowed for 3 years from Jan. next. The consideration of a fund for such a premium is proper to be laid before the Parliament at their next Session. We humbly offer that these commodities thus imported from the Plantations may be exempt from the duties to which they are now lyable; for though these duties are but low in the Book of Rates, vizt. 7 or 8s. per tonn, yet when it shal be publickly known in the Plantations that Naval Stores may be imported Custom Free into England, it will give a further reputation and incouragement to the Trader, and we humbly conceive an equivalent to be made to H.M. instead of this duty will likewise fall properly under the consideration of the Parliament at the same time. Endorsed, June 27, 1704. 2 pp. [C.O. 5, 3. No. 16; and 324, 8. pp. 457–459.]
[June 24.]414. Accounts of the Commission for Trade and Plantations, Christmas, 1703—Midsummer, 1704. Petty expenses, 42l. 15s. 5d.; Stationer's Bill (Wm. Churchill), 36l. 9s. 8d.; Wm. Short, the Postman, 34l. 4s. 11d.; wood and coals, 33l. 9s. 1d. The whole endorsed, Recd. Read Aug. 18, 1704. 10 pp. [C.O. 388, 75. Nos. 92–95.]
June 24.
New York.
415. Governor Lord Cornbury to the Council of Trade and Plantations. There was such an unwillingness in my Lady Bellomont's Agents here to state her accounts, that they would never hear of any method, nor would produce any muster roll, or other voucher, unless I would consent to charge my Lady with no more than what they said my Lord Bellomont's Agents had actually received, without producing any account from the Office, by which I might have known the truth of what was paid by the Agents. This I thought I ought not to do, therefore I have stated her accounts by way of debtor and creditor and have made the charge according to the establishment, supposing the Companys to be compleat (because I could see no muster rolls) and I have allowed in discharge all that Mr. Champante has (by his accounts) thought fit to give my Lord Bellomont credit for. I hope your Lordships will approve of this method, which I think will be the shortest way to bring these accounts to a conclusion. I beg leave to observe to your Lordships that my Lady Bellomont has presented several petitions to the Queen, whereupon Lord Nottingham has signifyed to me H.M. pleasure that my Lady Bellomont's security should not be prosecuted yet for some time. These repeated petitions oblige me to inform your Lordships of the truth of that whole matter, which is thus: On my arrival I had a great number of petitions delivered to me by several Officers of the four Companys here, the Staff Officers and several other persons who had trusted the souldiers, setting forth that there were great arrears owing to the Companys here by the late Earle of Bellomont, that the Countess was going for England, that they should be ruined unlesse some care was taken that they might be paid; upon this I sent to my Lady Bellomont to desire that she would appoint somebody to state the late Earl's accounts, and I appointed five gentlemen here to settle those accounts, with whomsoever my Lady should appoint on her part, after which I went up to Albany, but stopping in the County of Ulster, I received there an account that my Lady complained that the Commissioners did not attend, which was a delay to her accounts, whereupon I added four more to the first five that there might always be a quorum, my Lady thought fit to trust one Mr. Taylor, who had been the late Earl's private Secretary, who did appear sometimes, but either could not or would not produce all the muster rolls for my Lord Bellomont's time. Mr. Ling and Mr. Cholwell, who appeared as friends to my Lady Bellomont, offered that her Ladyship should account for 9,563l. 13s. 2d., that being all (as they said) that the Earle of Bellomont or his Agents had received, but not producing any account from the Office to satisfie the Commissioners that-it was so, they did not think fit to allow of that, and went on with the full charge; but Mr. Taylor, seeing that, would proceed no further; being informed of this by one of the Commissioners, I wrote to the Attorney General, to desire him to go to my Lady Bellomont, and acquaint her that since her Agents did not think fit to go on with stating the late Earle's accounts, and her Ladyship was preparing to leave this Province, I should expect she should give security to answer all such sums as should appear (upon the stating the late Earl's accounts) to be due to the Crown, or the forces here, and I directed the Attorney General to insist upon a security of 10,000l., and this I did because, by the complaints made, I had reason to beleive there would be more due; the Attorney General did as I had directed him, and my Lady sent to me by young Mr. At wood the names of several persons who were willing to be bound with her, to know if I aprouved of them. I sent that list back and left it to the Attorney General to take the persons he should think fit, and he insisting to have the security dispatch'd; under pretence of the sicknesse that then raged here, her Ladyshippe thought fit to remove from this City into King's County, where she staid till Capt. Caldwell, with H.M.S. Advice, was ready to sail. Mr. Attorney General being informed that my Lady did intend to go privately on board the Advice, took out a writ against her, and sent for the Sherrif of King's County, gave him the writ and ordered him to make what dilligence he could to execute it, and directed him, as soon as he had done so, to send him word of it that he might wait upon my Lady to take her security. The Sherif took the writ and I suppose acquainted her Ladyshipp with it, for the next day the Sherrif, under pretence of having executed his writ, sent the Attorney General word he had done his duty and had taken security from my Lady Bellomont to the value of 10,000l. Mr. Attorney, surprized at this, went over the water to inquire into that matter, and found that my Lady was gone on board, and that the Sheriff had taken a joint bond from two men for 10,000l., who are not worth 10l. apiece. I have never directed any proceedings against them, nor did I intend to do it till I had directions from England, therefore her Ladyship needed not have troubled the Queen soe often about that matter, when she knows what I say to be true, however I shall always obey the orders I receive. Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. Holograph. 4 pp. [C.O. 5, 1048. No. 84; and 5, 1120. pp. 171–176.]
June 24.
New Yorke.
416. Governor Lord Cornbury to the Council of Trade and Plantations. I trouble your Lordships with this letter to acquaint you with an accident lately happened here, which is as follows. On March 13 arrived here the Eagle galley, Capt. John Davison commander; the Collector, Mr. Byerly went himself on board the galley. When she was about six miles below the town, at his landing, he told me it was a ship belonging to Sir Jeffrey Jeffreys, that she came from London, had been at Madera and taken a cargo of wines there, and that she had some Canary wines on board, which he said he thought was contrary to the Laws of Trade, since they were not shipped in England, but in Madera. I told him I could say nothing to that till I saw what entry he made; the ship anchored that evening in the Road, and the next morning Mr. Wenham and Capt. Davison came to me and told me they were under a very great difficulty, because part of the cargo of the ship had been put on board for the Island of Jamaica the last year, but that having taken a prize near Madera he landed the goods intended for Jamaica at Madera, and took on board his ship as much of the Canary wines that were in the prize as he could and sayled for England, where (as he says) the prize and cargo were condemned in a Court of Admiralty, that afterwards he was ordered to take on board his ship the goods which he had left at Madera and bring them to this Port. Capt. Davison further said that when he arrived at Madera he found all his goods, but that the cocketts (which he had left with his goods) were lost, and that for want of them the Naval Officer here would not take his entry. I told them I was sorry it was so, and the more because I did not see how I could help them, but that if they could propose anything that I could do, and that was fitt for me to do, I should be ready to give them all the assistance I could, upon this Mr. Wenham (who is Sir Jeffrey Jeffrey's Correspondent here) told me he would give me what security I should direct to produce cocketts in any reasonable time. I told him I would consider of it and would give him an answer very quickly, and in order to it I sent for the Attorney General and asked his opinion how far I might comply with Mr. Winham's proposal, he told me that if the intent of the Law was answered, trade ought to be incouraged, that if they gave sufficient security to produce cocketts in a reasonable time, he was of opinion the Queen would be safe, and the intent of the Laws of Trade answered; upon this I did direct security to be given for the value of the goods according to the prices set down in the invoyce with 100 per cent. advance, which is ye profit commonly made here by merchants, this being done the Naval Officer took his entry and certifyed to the Collector as he ought to do, whereupon the Collector suffered the Capt. to enter his goods in the Custome House, to unload and carry the goods to Mr. Wenham's warehouse, where they were exposed to sale and several of them sold till March 21 or 22, that the Collector came to me and told me he must seize the Eagle, for she had imported European goods, which were not shipped in England, which he said was contrary to an Act of Parliament, 15 Charles II, by which the ship and all her cargo was forfeited, and he brought with him a lawyer to satisfye me that it was so, who produced to me Wingate's Abridgement of the Statutes. After I had read it I told him I thought that by that Statute it was plain that nothing could be forfeited but those European goods so unlawfully imported, and the ship, but that no other part of the cargo could be affected by that clause (7). He then told me there was cocketts wanting for several parcells of goods. I told him it was true, but that Mr. Wenham had given me security to produce cocketts within a limitted time. He then said they had no register. I told him that the ship was registred, and that if I had not been satisfyed of that the Naval Officer should not have certifyed as he did, upon that he told me he had other things to alledge against the ship, and that he would seize her and her cargo. I told him if he told me what those things were I would tell him my thoughts of them, but he did not think fit to tell me, on the next day seized the ship and all the goods, as well those for which cocketts were produced and those for which I had given time to produce cocketts, as the Canary wines; upon this Mr. Wenham brought me a petition (enclosed) setting forth that the Eagle and her lading had been seized by the Collector upon supposition of some breach of the Act of Trade, of which he did not suppose her guilty, and therefore pray'd the ship and cargo might be discharged and the seizure taken off. Upon this I called a Councill and acquainted them with the whole proceeding, and desired their advice and opinion what was proper to be done; they desired time till the next day, which I gave them, and then they gave me their opinion that they did not think any part of the cargo was within the Statute of 15 Car. II, except the Canary wines and the ship, and they said that tho' a seizure had been made by the Collector, yet there being no libell filed in the Court of Vice-Admiral, I might discharge the seizure, and that since the goods on board that ship were sent hither to pay the soldiers, and that the Laws of Trade were not broken, they were of opinion the seizure ought to be taken off from all the goods, except the Canary wines and the ship. Upon this I sent an order to the Collector to take off the seizure from all the goods except the Canary wines and the ship etc. This order he obeyed, and Mr. Wenham went on selling his goods as he did before the seizure, on or about March 27 Mr. Collector came to me again and told me he must seize the Eagle galley again. I told him I hoped he would consider well what he did, unless he could shew me some new cause for it, I should order him again to take it off, he shewed me no new cause, but did seize the ship again and all the goods at Mr. Wenham's unsold or at least undelivered. Mr. Wenham came and acquainted me with it, and I sent a second order to the Collector to take off that second seizure, but he refused to do it. In some few days after this Mr. Monperson, the Judge of the Admiralty, came to town, being sent for by the Collector. He acquainted me that the Collector had told him he had filed a libell against the Eagle and all the cargo, and desired him to appoynt a Court for the tryal of the said ship, which he said he would not do till he had spoke to me. I gave him an account of the whole matter, and told him that since I had given Mr. Wenham time to produce cocketts upon the reasons before mentioned, I did not think it would be proper for him to try the ship upon that head, and that I would send him a messuage by the Queen's Advocate (copy enclosed). Also, that if he thought fit to try the ship upon account of the Canary, I had nothing to say against it. He did hold a Court and upon hearing the Proctors on both sides relating to the importing of Canary wines from Madera, the Proctor for Capt. Davison insisted that the Canary wines might be imported because they were prize goods and condemned as such in a Court of Admiralty in England, and desired time to prove the same, the Judge thought fitt to grant them time. I hope I shall have your approbation for what I have done, if I have erred I am sure nobody can think I had any private interest in hindring the condemnation of that ship, it was certainly my interest she should have been condemned, for then I should have had my third which would have amounted to above 3,000l, and perhaps by H.M. grace and favour I might have hoped for the Queen's thirds too; which would have been a much greater proffit than I can ever hope for in this country, but besides that I thought the seizure of all her cargo unjust in itself, I considered that if all the cargo of that ship was condemned the forces here must have starved, for Sir Jeffrey Jeffryes's Correspondent would have found it very difficult to have found money to have paid the forces here; what the consequences of that would have been may easily be seen, for the soldiers desert now they are well paid, certainly if such an accident had happened they would all have deserted. I am informed by several persons here that Mr. Byerly has sent great complaints against me into England, what those complaints are, or to whom they are sent I know not, but sure I am that I have never given that gentleman any just cause of complaint, unless his being disappoynted of the third he thought to have had by the condemnation of the Eagle be a just cause of complaint. Mr. Byerly has given me many causes of complaint, yet because I have told him of them I am in hopes he will amend them, therefore I will not trouble your Lordships with them now, tho' I beleive at last I shall be forced to it, in the mean time I begg your Lordships' directions in one thing, which is this, in my Instructions I am commanded [not] to suffer any publick money to issue, but by warrant under my hand and seale [sig]ned in Council, which I have punctually observed in all cases except Mr. Bierley's, and in his Commission the Queen is pleased to grant him a sallary of 200l. sterl. a year out of the revenue of this Province, which he is directed to retain in his hands, this seems in some measure to contradict that clause of my Instructions, however, I have not insisted upon this matter with Mr. Bierley, but have suffered him to retain his sallary, nevertheless I intreat the favour of your Lordships' commands how I shall proceed for the future in this matter. All the favour I presume to begg of your Lordships upon this occasion is that you would not let any reports or stories make any impression upon your Lordships to my disadvantage till I may have opportunity to justify myself, which I do not question the doing to your Lordships' satisfaction whenever you will be pleased to let me know what I am accused of. Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. 4 large pp. Enclosed,
416. i. Copy of proceedings of the Court of Admiralty, April 8, 1704, against the Eagle galley, as above. Endorsed, Recd. Aug. 8, 1704. 60 pp. [C.O. 5, 1048. Nos. 85, 85.i.; and (without enclosure) 5, 1120. pp. 177–186.]
June 24.417. Lt. Gov. Usher to the Council of Trade and Plantations. Refers to letters of June and October. Thank God the enemy hath made no attack on Province New Hampshire. Coll. Romer all this summer hath bin at New Castle, repaired the Fourt, which is now in a very good posture of defence, the only thing wanting is men, armes and ammunition. Major Walton hath a Commission for Captain of the Fourt. It was my misfortune to be Treasurer in Sir E. Andross' Government, in that time advancing for the same 1,038l., was by the late King favoured with several orders to the Government Province of Massachusets Bay to pay the ballance or render a reason for not so doing. This twelve years could not obtain either. In June last had a Committee appointed by the General Assembly and make report what thinck proper to be done, objection being onely against Sir E. Andross' sallary, and be explained how itt did arise, which report accepted by Governour and Council, Assembly did break up doeing nothing. In Oct. H.E. moved I might give my answer, and be heard. Nov. 15, appointed, gave in my answer, with Address to pay me the ballance with interest which amounted to above 900l. Finding no payment nor rendring a reason, pray my case may be laid before H.M. and that H.M. would give orders positively for payment thereof. Being called to account for raising money and how disposed I privately made my escape to England, and there rendered account and made it up with Auditor General. I stay'd three years in England before dispatch'd which did stand me in 400l. sterling and no business but as Treasurer to render account to the Crown, so that my case hath bin attended with great hardship. Signed, John Usher. Endorsed, Recd. 1st, Read 12th March, 1704/5. Addressed. Sealed. 1 p. Enclosed,
417. i. Copy of Mr. Usher's Memorial to the Assembly of the Massachusetts Bay, praying to be reimbursed the money he issued out when Treasurer in Sir E. Andross' time. 1¾ pp.
417. ii. Copy of Report of Committee upon Mr. Usher's Accounts and proceedings of the Assembly of the Massachusetts Bay thereon (May 31, June 28, Nov. 3, Nov. 9, 1704). 2¾ pp. [C.O. 5, 863. Nos. 104, 104.i., ii.; and (without enclosures) 5, 911. pp. 452–455.]
June 24.418. Attorney General to the Council of Trade and Plantations. I have considered the Report of the Attorney and Solicitor General of Barbados, and am of opinion that no proceedings can be now had on the Commission therein mentioned to have been granted pursuant to the late Act of Parliament, and that therefore to enable the proceedings in the Barbados according to that Act it will be necessary that a new Commission be granted according to the directions of that Act, but without the help of that Act, the Lord High Admiral or his Lieutenant or Commissary in the Court of Admiralty may proceed against pirats and condemn them by the Maritime Lawe, but that way hath been disused since the statute of 28th Hen. VIII. Signed, Edw. Northey. Endorsed, Recd. Read July 6, 1704. 1 p. Enclosed,
418. i. Copy of opinion of the Attorney and Solicitor General of Barbados. Jan. 12, 170¾ (q.v.). Signed, E. Chilton, Wm. Rawlin. 3 pp. [C.O. 323, 5. Nos. 50, 50.i.; and 324, 8. pp. 472–475.]
[June 27.]419. Council, Justices, Officers and Inhabitants of Bermuda to the Queen. Return thanks for continuing Lt. Governor Bennett, who hath given many demonstrations of his loyalty to H.M., zeal for the Protestant Religion, impartial justice, and care for the fortifications and Militia, etc. 413 signatures. Endorsed, Recd. Read June 27, 1704. 1 large sheet of parchment. [C.O. 37, 6. No. 18.]
June 27.
Martinique.
420. Col. Lambert to Mr. Clayton, M.P. Taken prisoner in a Dane sloop, encloses petition by others at Martinique that an exchange of prisoners may be arranged. Continues: "We have had 163 vessels brought in here since the warr, and since my imprisonment sloops of 4 and 6 guns have brought in good ships of 18 to 24 guns for want of being better man'd—there is about 30 privateers now belonging here, so that it's almost impossible for a vessel to pass to or from the Islands without a good convoy, and then they take some from them. Our friggotts sailing so heavy, they run round them at their pleasure, being in sloops which you know keeps the wind better than any ship can. This Island have a grate trade with the Spaniards, their vessels pas and repas without molestation, they bring great quantities of money here, which they send home in their men of war and great merchantmen, which are always well mann'd. There is lately arrived a small Spanish ship of 6 guns from Laverdecruise with about 800,000 pieces of eight, they have two French men of war, each 50 guns, goeing ritchly loaden to the coast of New Spaine as well to trade as to protect their small trading vessels there, and the convoy of this fleet has 50 guns ritchly loaden with money and merchandize, which has been trading on that coast this two years and commanded by M. Laroux; had we some good cruising ships to lie about this Island, they should retake our ships as they bring them in, destroy some of their privateers and take mighty ritch prizes of theirs which use the Spanish trade, as well as Spanish ships that trade here. As for our New England trade, it's at a stand, wee having no exchange of prisoners, they will not venture to sea, which is a great detriment to the Plantation Trade, and for want of cask, several will be forced to binn their sugars, etc. The French gentlemen have offered to lay me wagers, that we shall not have an English Island left by next December, saying they are certain to have a fleet sent out with sufficient force to take all the Islands before that time etc. Signed, Mich. Lambert. Endorsed, Recd. Read Dec. 20, 1704. 2 pp. Enclosed,
420. i. H.M. subjects prisoners at Martinique to the Queen. To the number of 300, some whereof have been here 16 months in close prison, pray for an exchange of prisoners. When this war first began, there was a mutual exchange of prisoners continued here for some months, but a truce sent from hence to Barbados was, through some needless jealousies, seized on there, and a breach of articles ensued. Should all our grievances be related, they would amaze even the least thoughtful. These 16 months has brought hither 100 prizes and 1,500 odd men, and yet of all these there's now but a small remainder here, renegadoes, death, change of religion and many bewitching French artifices having devoured the others. Necessity has forced more than 500 to take up arms against a Kingdom and Religion they love. This and much more has been related to the rulers of Barbados and Antigua, and yet no redress can be had, nor no petition in the least regarded. The only excuse they have is the depopulating the French privateers, but your poor subjects who through meer necessity have revolted from you here, are more then twice the number of French that have been taken by your Majesty's arms in these parts. When we sent our petitions to those Governors, we all obliged ourselves to serve your Majesty for 6 months without pay. Signed, Maniford Howe, William Forster, John Parry, John Molineux, Tho. Holland, Wm. Simmons, Thomas Tuder, John Tankerd. Refinery Prison in Fort St. Peirs, Martinique. June 26, 1704. 2 pp. [C.O. 152, 5. Nos. 73, 73.i.]
[June 27.]421. State of the Regiments at Jamaica. A Regiment in the West Indies now consists of 10 Companies, each Company consisting of 2 sergeants, 2 corporals, 1 drummer, and 34 private men; to which they now intend to add 16 sergeants, 16 corporals, 14 drummers and 210 private men, to make the complyment of 12 Company and 55 private men. The two Regements now in Jamaica and the Regement in the Leeward Islands are the same. Endorsed, Presented to the Board by Capt. Gardner. Recd. Read June 27, 1704. ½ p. [C.O. 137, 6. No. 55.]
June 27.
New York in America.
422. Attorney General of New York to the Council of Trade and Plantations. Refers to letter of Dec. 12, 1702. I hear nothing of the renewal of my Commission of Advocate General to my great loss, Gov. Dudley appointing his son to officiate in that place at Massachusets Bay and Rhode Island, two of the chief places of proffitt in my Commission: especially Rhode Island, which lies as convenient for me as him. I am informed that Coll. Dudley does apply home for a Commission for his son to be Advocate General in those Collonies, as he hath already procured one for him to be Attorney General at Massachusets Bay; nothing of this nature I am sure can pass without your Lordships' privity. I will therefore submit myself and my affairs to your Lordships' care and to H.M. good pleasure, etc. The evill treatment I met with by Mr. Attwood's and Weaver's means, the first year of my being here, run me so far in debt that the proffits of both Commissions hitherto have not maintained my family and discharged it, by above 100l. sterl., though I have taken aid of my salary in England also. The chief ground the Coll. goes upon in this matter is because I have not been at those places to shew my Commission and take the proper oaths, to which I answer that when Mr. Attwood at our first arrival went to Boston to shew his Commission as Judge of the Admiralty, he was not willing to have me with him, told me there was no business then to be done (though he found some to his no small vexation), and that he would give them notice of my Commission, and it would be time enough to shew it and take the oaths when there was occasion to hold a Court, which I resolved to do; but no Court of Admiralty being held at those places till after the death of the late King, I thought my Commission determin'd and apply'd to your Lordships for a new one, but have not been yet favoured therewith. And divers Courts have since been held at Boston and Rhode Island by Mr. Newton, Deputy to Mr. Atwood, but no notice given me thereof, tho' several condemnations of value were there had, and they knew of my Commission yet appointed others to be Advocates, tho' the Queen's Proclamation made my Commission good untill H.M. pleasure be further known, and I was ready to do my duty in my place, had I had the civility of notice given me as I ought. Nor am I without my uneasiness in this place, even from those that have H.M. Commission as well as my self. Mr. Byerly, Collector and Receiver General, takes upon him to controul me in my Offices and to defame me publickly to the people with neglect of duty to H.M. and her affairs, having behaved himself very rudely and insolently towards me in divers places and companys where we have accidentally mett, and once at the Chief Justice's lodgings, where he gave me very base and scurvey language, and told me he would appoint whom he pleased to do the Queen's business, which is more than my Lord Cornbury will do, for he gives me the liberty of choosing whom I think fitt to my assistance in all causes of difficulty wherein H.M. is concerned that do require it, without forcing any upon me. These matters reached H.E.'s eares without my bearing, who of his own accord told me he he would do me right therein, whenever I would desire it. I have forebore hitherto taking that method in respect to Mr. Collector, knowing him then to be in H.E. displeasure for other matters which I was not willing to stir up afresh against him, but rather chose this way of acquainting your Lordships that he may receive a gentle and proper admonition from you. The ground and occasion of all this long story was no more than this. The Officer of Excise had made a seizure of some liquors and was going to proceed irregularly as I thought upon it, so I pray'd H.E. that I might give directions to the Officer and J.P.s before whom the matter lay to stay further proceedings, till the matter was better enquired into. I hope you will be so far on my side as to allow me the power of staying or proceeding in the Queen's Causes as I think proper for H.M. interest, and that the subjects may not be oppressed. Another matter hath sett Mr. Collector more at odds with me. Mr. Collector consulting some of the town lawyers was inform'd that the Eagle galley [see June 26] was liable to seizure for breach of the Acts of Trade and Navigation, upon which he sends to me to give him and one of them a meeting, which I did, the points layed before me were the want of a Register, not being duely navigated with Master and men (either of which I agreed to be a totall forfeiture) and importing Canary wines, which were said to be European goods not brought directly from England etc. I differ'd with that gentleman in that point of the wines being European goods, and judged them not within that clause of the Act. But if they were as prize, I thought they might be carryed into any H.M. Dominions without incurring any penalty. The seizure was made, and then H.E. received a petition from Col. Wenham, that the seizure might be taken off. The Petition was referred to myself and other gentlemen of the Councill. I with some others were of opinion that the Governour (if he thought fit) might discharge any seizure of this nature before information fyled, it being wholly in the Queen's hands and power till then. H.E appointed an Order to be prepared for that purpose; in the meantime Mr. Collector sends to me to draw an Information against the galley and cargo, or give way to some body else to do it. I refused both with this answer, that the matter of the seizure had been under the consideration of my Lord Cornbury and the Councill, and I could do nothing in it till I knew the result of that. In a very little time after Mr. Collector received the Order of discharge from H.E., and with great reluctancy at length took off the seizure from the galley, but in a day or two reseized her, filed an Information and put her in suit without ever consulting me at all, as the way was in Mr. Attwood's time, tho' I desired no Information might be received but from my hands, the Queen's and Governour's interests being above the informer's, and often times such lame and imperfect ones have been filed in hast to gett the benefitt of informing that have cost much time and labour to sett them right; and I could heartily wish some directions to my Lord Cornbury might be obtained from H.M. for the settling of this point, or to the Judge of the Admiralty. Upon the second seizure of the galley, H.E. told me he was sure she was well registered, and duly navigated, then there was only the point of the wines, and some goods that wanted cocquetts, the want whereof (unless I have overlooked and missed the Statute) affects not the vessell, only are liable to seizure themselves, or a double value to be paid by owner or lader of them. H.E. commanded me upon the discourse we had (without any stated points in writing) to peruse the Acts of Trade and Navigation and give him my opinion of them in relation to the present case under my hand, which I did as above; for which Mr. Collector declares me opposite to the Queen's interest, and consequently not fit to serve H.M. etc. The cause at present stands upon security to produce cocquets and make out the point of the wines to be no forfeiture. I thank God the power [of Government here] is now in H.M. subjects of England, tho some of them are not so thankfull for it as might be expected from them. There are some Republican spirits amongst us, some that retain the leven of the late factions and disorders, which render the administration at present not so easy and current as it ought, even the Assembly, which are just dismist, have shewed some touch thereof in the disputes they have had with H.E. this Sessions. But they are not many, and H.E. knows them to a man, and will be vigilant over them etc. Prays for liberty to answer any charge brought against him before any censure be passed. Signed, Sa. Sh. Broughton. Endorsed, Recd. Read Oct. 19, 1704. 4 closely written pp. [C.O. 5, 1048. No. 87; and 5, 1120. pp. 220–230.]
June 27.
New York in America.
423. Mr. Broughton to the Earl of Nottingham. I hear nothing of my Commission for Advocate General in the Court of Admiralty. The want of it is a great loss to me, and I am informed Governor Dudley is endeavouring to deprive me of it for his son etc. Signed, Sa. Sh. Broughton. Endorsed, R. Aug. 11, 1704. 1 p. [C.O. 5, 1091. No. 11.]
June 29.424. Circular Letter from the Council of Trade and Plantations to the Proprietors of H.M. Colonies in America. Enclose H.M. Proclamation for settling and ascertaining the rates of forreign coines in ye Plantations … that the same may be published in the most solemn manner in H.M. territories under your Lordships' Propriety. And whereas H.M. by the said Proclamation does require that Peru peices of eight, dollars and other species of foreign silver coines, shall stand regulated according to their weight and fineness in proportion to the rate set for peices of eight, of Sevill, Pillar and Mexico, and the Master-worker of the Mint having informed us at what rates those foreign coines ought to pass in the Plantations according to the said proportion, we send your Lordships the inclosed table that it may be fix'd in publick places and observ'd accordingly.
This postscript was added.—In ye inclosed table your Lordships will find Peru peices of eight are computed to pass in the Plantations at 5s. 10½d., but we are well informed that of late years some of those coines are made lighter and some with more alloy than formerly. Therefore your Lordships will do well to have a watchfull eye upon that species, because this computation is for the best sort. Those other sorts that are lighter or baser ought to be regulated to pass in proportion to their weight and fineness. These words were added to Mr. Penn;—Upon this occasion we are to mind you of sending forward H.M. Order in Councill for repealing the Pennsylvania Act for settling ye rates of foreign coines in that Province, and to desire you to let us know by what ship you shall send it. Annexed,
424. i. Table of rates according to which all foreign coine may pass in H.M. Plantations. [See June 15.] [C.O. 5, 1291. pp. 39–41.]
June 29.425. Similar letter to Governors of Plantations. [C.O. 324, 8. pp. 467–469.]
June 29.
Whitehall.
426. Circular letter from Council of Trade and Plantations to the Governors of Plantations in America. H.M. having been informed that intelligence has been had in France of the state of the Plantations by letters from private persons to their correspondents in England taken on board ships coming from the Plantations and carryed into France, which may be of dangerous consequence, if not prevented for the future, it is therefore H.M. pleasure that your Lordship signify to all merchants, planters and others that they be very cautious in giving any account by letters of the publick state and condition of the Provinces of New York and New Jersey under your Government, and your Lordship is further to give directions to all Masters of ships, or other persons to whom you may intrust your letters, that they put such letters into a bagg with a sufficient weight to sink the same immediately in case of imminent danger from the enemy, and your Lordship is also to let the merchants and planters know how greatly it is for their interest that their letters should not fall into the hands of the enemy, and therefore that they should give the like orders to the Masters of ships in relation to their letters. And your Lordship is further to advise all Masters of ships that they do sink all letters in case of danger in the manner beforementioned. [C.O. 324, 8. pp. 470, 471.]
June 30.
New Yorke.
427. Governor Lord Cornbury to the Council of Trade and Plantations. Your Lordships' letter of April 29, 1703, and of July 29, 1703, are come to my hands. You take notice that since that you have not heard from me, I intreat you to consider that the losses our people here have had in their shipping is the cause why we have very few vessells now that goe directly for England. I wrote last summer by Simmons, and by Bond, they were both taken. I wrote after that by the Virginia fleet, I hope those letters got safe. I sent one letter since by H.M.S. Centurion. I beg your Lordshipps to consider likewise the difficulty I lye under with respect to opportunitys of writing into England, which is thus, the post that goes through this place goes Eastward as farr as Boston, but Westward he goes no farther than Philadelphia, and there is noe other post upon all this Continent, soe that if I have any letters to send to Virginia or to Maryland, I must either send an expresse who is often retarded, for want of boats to crosse those great rivers they must goe over, or else for want of horses; or else I must send them by some passingers who are going thither, the least I have known any expresse take to go from hence to Virginia has been three weeks, soe that very often before I can hear from Col. Nicholson what time the fleet will sail and send my packets, the fleet is sailed. I hope we shall find a way to remedy that shortly, for Col. Nicholson and Col. Seymour have wrote me word that they will be here Sept., and I doe then intend to propose to them the settling of a post to goe through to Virginia, by which I shall have opportunity to write to your Lordshipps by every ship that sails from this Continent. Our letters do not come safe by the way of Boston. I have had several letters by that way, which have been broken open; however, I will omit noe opportunity of writing. Refers to following letter etc. As to the Act for preventing vexatious suits, the Secretary informs me there are no suits commenced in New York, upon any cases relating to that Act. I have received the letters mentioned, July 29, for the several Governours, which I have sent to them, but have no answers yet. The Acts disallowed by H.M. were taken off the file, but not destroyed, soe I have ordered the Secretary to return them into the Office again etc. Your Lordships are pleased to order me to cause just and reasonable security to be taken for Capt. Nanfan's answering the ballance of his account, in order to his being released from his confinement, in order to satisfy your Lordships at whose suit he is confined. I herewith send you the affidavit of the High Sherriff of this county, by which it will appear that he was arrested at the suit of the Queen, whereupon he gave security to answer such summs as should (upon the stating his accounts) appear to be due from him to the Crown or to the forces here, upon which he was immediately discharged; he has since been arrested at the suit of private persons, who I am satisfied would discharge him upon any reasonable security, but I know he has refused to give any, but still insists that I am to pay that money, because Mr. Andrews received it, and I had done soe if I had not received advice from Mr. Thrale, that I was to pay the subsistance from May 9, 1702, forward, which I have done; it would have been the same thing to me if I had paid from Dec. 25, 170½, for I could have paid but once, but it appears by the account sent to me by Mr. Thrale, and will appear by the accounts now sent to your Lordships, that Capt. Nanfan (if he had paid the money he is arrested for) would be still debtor to the Crown upwards of 200l.; however upon your Lordships' commands I will endeavour to prevail with the persons concerned to take reasonable security from Capt. Nanfan, and I do not doubt but I shall succeed if he pleases to give it, of which I will inform you by the next. We want all manner of stores of warr, some small arms, great gunns etc., as I have formerly informed your Lordships and upon which you were pleased to make a Representation to the Queen, but we have yet received nothing of that nature from England since I arrived here, only 100 small arms and 50 barrells of powder came with me; I intreat your Lordships to use your endeavours that we may be supplyed, especially now in time of war. The General Assembly have lately satt and passed some Acts which I herewith transmit. (1) An Act granting sundry priviledges and powers to the Rector and inhabitants of the City of New York, of the Communion of the Church of England. (2) An Act for the better explaining an Act to oblige persons to pay their arrears of 1,000l. tax etc. (3) An Act to repeal the last clause in an Act for the quieting and settling the disorders that have lately happened within this Province etc. (4) An Act to charge the several cities and counties of this Collony with 143l. 10s. 10d. for fitting and furnishing a room for the General Assembly. (5) An Act for the better laying out, farther regulating and preserving publick common high ways etc. The reason for my assenting to the first is because the Rector and Vestry of Trinity Church have a Charter from Col. Fletcher, and they have been told that Charter is defective, soe they apply'd to me for one that might be more sufficient. I told them I did not perceive that by my Commission I have any power to grant Charters of incorporation and that I would not venture to doe it without such a power, some time afterwards they came to me again, and desired I would give them leave to offer a Bill to the General Assembly to be passed into an Act for setling the Church. I told them I did consent to it, because by that means the Queen would have the matter fairly before her, and I most humbly intreat your Lordshipps' favourable representation of that Act to H.M. that it may be confirmed. The second is an Act occasioned by a difference among the J.P.s of King's County, which made that Act absolutely necessary for the effectuall recovery of those arrears, I hope it will be confirmed. The third is an Act passed in pursuance of H.M. commands to me; the fourth is an Act I readily consented to because till this time the Assembly has always sat in a tavern, which I thought was a scandalous thing, and therefore I did severall times recommend it to some of the members of the Assembly to think of some method to provide a place fit for them to sit in, this is now done by this Bill, and I hope H.M. will be pleased to confirm it; the fifth is an explanatory Act (so far as relates to Richmond County) of a former Act passed for laying out high ways in this Province, of which there is great need, for till now (except a very few places) there are noe roads passable, this is so necessary an Act that I must intreat your Lordships' favourable recommendations of it to the Queen, that it may passe. Thus I have given your Lordships an account of the Acts past this last Sessions, which has been longer than it needed have been through the endeavours of some ill affected persons, who had a mind to push the Assembly to such extravagant proceedings, as might move me to dissolve them, hoping by that means to get a Dutch Assembly, these methods did prevail with the Assembly, to offer at some things, which I thought not proper for them to meddle with, however having told them my mind of those things I thought it more proper to adjourn them, then to dissolve them, hoping they will grow wiser when the hot weather is over. I will send you an account what those things are as soon as their clerk can prepare a copy of their Journal. Lately some French Indians have been seen a dozen miles above Albany. I have given the necessary directions for the defence of the frontiers, and shall go up in four days myself. Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. Holograph. 4 pp. [C.O. 5, 1048. No. 88; and 5, 1120. pp. 194–202.]
June 30.
New Yorke.
428. Governor Lord Cornbury to the Council of Trade and Plantations. Having received your Lordshipps' commands to give my opinion of certain Acts of the Generall Assembly of this Province passed since March 2, 1698, I ordered copys of the list you sent me to be delivered to every member of H.M. Councill here, that is in the Province, and at last they have made a report to me upon those Acts, which I enclose, by which it will appear that the two first Acts mentioned in the list and in their report they are of opinion should be confirmed, the reason they give for it is because they think the same may tend to the peace and quiet of this Province, in this I agree with them, though I must observe that there are some persons indemnified by that Act, who have always been the disturbers of the peace of this Country, and are now, and always will be (as far as they are able) irreconcilable enemys to an English Government, particularly one Samuel Staats, and one Abraham Gouverneur, the first is a surgeon who was born in this Province at the time of the Dutch Government, went into Holland to learn his trade, and returned hither again, and was here at the time the Dutch surrendered this Province to the English, upon which surrender Articles were agreed upon, by which those of the Dutch nation, who had a mind to remain here, were to qualify themselves by certain oaths, and there was a certain time limited, beyond which they were not to have the benefit of those Articles, if they did not qualify themselves accordingly. This Samuel Staats stayed here till the time allowed was very near expiring, and then rather than endeavour to make himself an Englishman, he left this Province, and went to Holland, where he remained till a very little time before the Revolution, then he came hither, and joyned with Mr. Leisler, was one of the most active men in this Country, and will never cease his endeavours till he brings this to be a Dutch Government again, if he can; the other is one of those who (at the time of Col. Fletcher's arrival in this Province) lay in prison, under sentence of death, only for rebellion and murder, but was reprieved by Col. Fletcher, and since has obtained (as he says) a pardon from the late Queen, but he has produced noe such pardon, here yet. I could mention others, tho' not of so dangerous a nature, but I am unwilling to make a longer digression. The 4th and 5th Acts, mentioned in the list, and the report, are expired by their own limitation; also the 8th and 14th Acts; the 9th, 10th, 11th, and 12th, the Council are of opinion ought to be confirmed, and I intirely agree with them, because I take them to be absolutely necessary for this Province. The 13th Act is repealed by H.M.; the 15th Act has been reinforced since my arrival here by a new Act of Assembly, which I hope H.M. will please to confirm. The Acts 16 to 28 were repealed by an Act of Assembly since my arrival here, and I hope H.M. will confirm that Act for the reasons I sent to your Lordshipps with the Act. The third Act in the list and report is repealed by an Act since my arrivall, and I cannot help being of opinion that it ought to be so, because that Act could intend nothing but to justify rebellion by a Law, as will appear by the very words of the Act. The 7th Act is repealed by the Act above mentioned, and the chief reason that induced me to consent to the repealing of that Act was because by it the Church was striped of a lease granted for seven years by Col. Fletcher under the rent of 60 bushells of wheat, and as soon as that Act was passed my Lord Bellomont granted the same farme to a Dutchman under the same rent. It is true several grants repealed or vacated by the Act passed in my Lord Bellomont's time were very exorbitant grants, and I think ought to be vacated, particularly that to Captain Evans (which contains near 300,000 acres of land) and that for two reasons, (1) because the quit rent reserved bore no manner of proportion with the grant; (2) because the granting soe vast tracts of land to one single person has notoriously hindred the settling of this country. I must say the same of the grants to Dellius, Pinhorn, Banker etc. and to Bayard, all these grants contain vast tracts of land, and some of them some of the best land in the country. I should have thought that if Capt. Evans had had a grant of 4,000 or 5,000 acres it might have sufficed, espetially since he nor noe body for him has taken any care to settle or improve that land, which extends 30 miles on the west shoar of Hudson's River, and would be a very good place to settle a towne, if those persons who have already offered me to settle there (who are above 30 in number) might have suitable quantitys of land to improve, and I must be of opinion that it would be very proper to have an Act passed here for the vacating of those grants last mentioned, which are really very exorbitant; however I would not propose anything of that nature to the Assembly here, till I receive your Lordships' commands upon that subject, which I intreat you I may have; the 8th Act is the same with the 15th. I offer it to your consideration, whether it would not be proper that I should have an account what Acts of this Province have been confirmed and what not, because there is no footsteps in the Secretary's Office of this Province, nor in the Councill Books, which Acts have been confirmed or repealed, or neither, till the list your Lordships were pleased to send me, and very often in hearings before me in Councill the lawyers of one side affirm certain Acts to be repealed, when those on the other side affirm the same Acts to be confirmed. Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. Holograph. 5 pp. Enclosed,
428. i. Council of New York to Governor Lord Cornbury. Report on the Acts referred to in preceding. Signed, Sa. Sh. Broughton, Tho. Wenham, Matthew Ling, John Bridges, Rip Van Dam. Autographs. Endorsed, Recd. Aug. 8, 1704. 6 pp. [C.O. 5, 1048. Nos. 86, 86.i.; and (without enclosures) 5, 1120. pp. 187–193.]
[June.]429. Copy of Acts of New Hampshire, against trespassing on town commons (1702), and for the confirmation of town grants. 1 p. [C.O. 5, 863. No. 98.]
[June.]430. Copy of Proclamation by Samuel Allen. By virtue of my grants from the Crown I have taken possession in part of the whole of all the waest, unoccupied and unfenced in lands of New Hampshire, and hereby forbid any person, except those that have taken leases of me or my predecessors, to fence in, occupy, graze cattle or cut timber on any such waste lands, without first agreing with me, which I am redy to do on very reasonable terms. These are also to require all men that have fenced in and occupyed any land without any lease, to repair to me and bring with them the boundaries and number of acres, in order to take leases of me before Feb. 10 next. If any refuse to come within the time limited, I will sell and dispose thereof as I shall think most convenient. Newbury, Dec. 24, 1703. Signed, Samuel Allen. 1 p. [C.O. 5, 863. No. 99.]