America and West Indies
July 1704, 11-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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211-223

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'America and West Indies: July 1704, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 211-223. URL: http://www.british-history.ac.uk/report.aspx?compid=73664 Date accessed: 21 October 2014.


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Contents

July 1704, 11-20

July 11.
Whitehall.
449. W. Popple, jr., to Governor Dudley. Acknowledges letter of April 20, which is being laid before H.M. You will have timely notice of directions given thereupon. Encloses letters for other Governors etc. [C.O. 5, 911. p. 365.]
July 12.
St. Christophers.
450. E. Penhallow and N. Higbee to the Queen. Petitioners, of your Majesty's Royal and late Reformed Independent Company in this Island, pray for arrears of pay etc. Signed, Nathaniell Higbee, Emanuell Penhallow. 1 p. [C.O. 239, 1. No. 6.]
July 12.
Boston.
451. Humble Address of the Council and Assembly of the Massachusetts Bay to the Queen. It is upwards of two years since the arrival of Governour Dudley, for whose appointment we formerly addressed your Majesty with the thanks of this Province; And we have been made sensible of his careful management of your Majesty's Interests and the Government of your good subjects, particularly of his great application and the cost expended to have stedyed the Eastern Indians in their obedience to the Crown of England and your Majesty's soveraignty over them, whereof they have formerly made their repeated recognition, and more lately renewed the same in two attendancies upon H.E.; yet through the influence of French Emissarys residing among them, they have for 12 months past broken out and continued in open rebellion, and with the assistance of French officers and souldiers have committed diverse outrages and barbarous murders upon many of your Majesties' good subjects. Which irruption has obliged the Governour to garrison all the frontiers of more than 200 miles extent, and to send forth greater and lesser partys into the Desart, in places almost inaccessible, if possible to find out those bloody Rebels in their obscure recesses, under covert of a vast hideous wilderness, (their manner of liveing being much like that of the wild beasts of the same) and to give check to their insolencies. And there are not less than 1900 effective men now in arms, under pay, upon our Eastern and Western Frontiers, besides the vessels and men necessarily imployed for guarding of the sea coast against the infestings of the French from Canada, Port Royal and the West Indies, who endeavour to intercept our supplies and disturb our Fishery, so that we are at an exceeding great and almost insupportable charge, and see not the end thereof. We are ready to thinke it highly reasonable that the neighbouring Governments being secured thereby, should bear a just Quota of the said charge, which is humbly submitted to your Majesty's great wisdom to direct. We have therefore accounted it our duty by an express humbly to lay before your sacred Majesty the very distressing circumstances of your Majesty's good subjects, who have hitherto chearfully undergone the sore fatigue and charge of their defence and pursuits made after the enemy, and that in the greatest severitys of the winter, exposing themselves to the last sufferings, being sensible that the advances made by the Governour in the service have been absolutely necessary, and that his care had been to keep the expence as low as the emergencys would bear, and we doubt not of a good concurrance at all times of the Council and Assembly with the Governour, to advance both the men and money necessary to the utmost of their ability. We crave leave also humbly to express our just resentment and detestation of the piracys and robberies lately committed by Capt. Quelch and Company, and we hope the speedy justice that has been done upon those vile criminals will vindicate the Government from the imputation of giveing any countenance to, or favouring of such wicked actions. There are several stores of war necessary for the safety of your Majesty's interests within this Province, that cannot be supplyed here. And if your Majesty of your Royal Bounty shall be graciously pleased to order that they be supplyed out of your Majesty's Stores, it will greatly encourage us in the service of your sacred Majesty, being always resolved to maintain the honour and dignity of your Majesty's Crown and Government over us, and by the favour of Almighty God to maintain our station in this Province etc. Signed, In the name and by order of the Council, Isa. Addington; In the name and by order of the Assembly, Jams. Converse, Speaker. 1 large p. [C.O. 5, 863. Nos. 105; and (duplicate) 105.i.]
July 12.
Boston.
452. Memorial accompanying above Address. It is humbly offered, as necessary for your Majesty's service within your Province of Massachusetts Bay and for Defence of the same, that the following supply be made of warlike provision: Two Frigatts for guarding the Coast: Cannon for the new fortifications on Castle Island: Powder, great and small shott: Fuzills or other good fire arms: small gunners stores. Signed as preceding. Endorsed, Recd. Read Jan. 25, 1704/5. 1 p. [C.O. 5, 863. Nos. 106; and (duplicate) 106.i.]
July 12.
Whitehall.
453. W. Popple, jr., to Henry St. Johns. The Council of Trade and Plantations desire you would order 2 horse grenadiers to go down to Deal with the money for the pay of H.M. soldiers in Newfoundland, for its better security. [C.O. 195, 3. p. 333.]
July 12.454. Col. Whetham to the Council of Trade and Plantations. Col. John Johnson, made Deputy Governor of Nevis, July 1, 1703, requests that orders may be given for the payment of his allowance, and the Queen's Commission for that post. Signed, Tho. Whetham. Endorsed, Recd. Read July 13, 1704. 1 p. [C.O. 152, 5. No. 76; and 153, 8. p. 327.]
July 13.455. Governor Dudley to the Council of Trade and Plantations. I lately humbly addressed your Lordships by way of Lisbon, April 20, having had no direct conveyance from hence since the Centurion, since which I have had no ill accident, notwithstanding the appearance of the Indians everywhere in small partyes, except the loss of one family at Northampton, where the Indians again surprized them in the darke of the night. About six weeks since, by some letters from Canada to Port Royal which I intercepted, we had news of the march of 100 French and 200 Indians, from Quebeck to joyne the Eastern Indians to make in all 1,000, with direction to them to fall in to Pascataqua River to burn New Castle and the fort there, and draw off immediately, and to acquaint them that from Mount Reall at the same time the number of 500 should fall upon our upper townes on Connecticot River; in prevention of which Col. Church with the forces I had Eastward at Penobscot, very luckily fell upon that small Setlement of about ten French familys, where he took the present sent those Indians, and the Agent, one M. Gordeau, and 20 soldiers, the forerunners of the Quebeck party, and about 40 souls more, women and children, whom he sent with Gordeau prisoners hither with a considerable booty, which I gave to his men, which I hope hath diverted that expedition, and at the same time I sent 300 men more into the Province of Mayne, least the enemy should oppresse any weak part there, and to the westward upon Connecticot River I have 200 men from Hartford from Connecticot Colony, to whom that part is a frontier, and 200 of this Province who are now going 200 miles above Deerfield upon Connecticot River, to seek the rendezvous of the Mount Reall party, supposed to be upon that River, about 200 miles above any English Setlement, and these additions to the forces under Col. Church make up 1,900 men in pay with 20 sloops, put this Province to a very great charge at present, under Col. Church I have 600 men with the said 20 sloops and the Gospir friggot and the Jersy being here from New York to fitt, I obtained of my Lord Cornbury to let her keep company with the abovesaid forces into L'Accadia and all along the coast, on both sides the Bay of Fundee, who are now out, and have ranged all the coast from Kenebeck River as far as St. Johns, and taken considerable plunder and burnt all the Setlements where Casteen Le Flibu and other French Setlement have long been, and are at this time gone over to the Port Royal side, to see if it may be they may surprize the French supplyes coming thither, where they are very poor, and to cut the banks of their corne land, and let in the sea upon their meadowes, which destroyes them for five yeares next coming, and if I had had the favour of a 4th rate ship, added this spring, as I humbly pray'd, I might, by the favour of God, have possessed Port Royall with no other losse or danger than rideing before the place, and preventing their supply from France, and the prisoners I have tell me they have some moneths been at allowance, the Inhabitants as well as the Garison; and in the like condition they are at Quebeck, as the letters we have taken of theirs informe us. To support this great charge the Assembly, who sate the whole moneth of June, have very frankly granted 23,000l., and have given me no objection to the number of ye forces, nor improvement of them, but very readily and cheerfully submitted to the charge and thank'd me for the advance of the forces, which is now the fifth man in the Province, but I can obtaine nothing from Road Island, from Connecticot I have 260 men in the upper townes upon that River, which is truly their own frontier, but without any command they come and goe as they please, sometimes by orders from their own government, and sometimes without, and so it will be while those Charters remaine, no money will be raised, nor men under commands, while their neighbours are oppressed with hard marches and great taxes, if this inequality (my Lords) were at a great distance it might not easily be observed, but nothing parts us but a brooke, we are in equal danger and can call to each other, and a family of this Province pays a tax of 5l., and his next neighbour of equal estate pays not one cross. I am in great want of pouder and small armes. I have strictly taken ye pouder duly in specie, and have abbridged all unnecessary expence of pouder, and the Lieutenant Governour and other Officers are very carefull; but the service and marching and removing will waste it away, and armes are every day lost and spoyled, which I cannot repaire here. If by any meanes this Province might be favoured with H.M. bounty in these articles, I would engage for the good husbandry and just expence of them. I have, as your Lordships have directed, sent exact planns of the several fortifications in both H.M. Provinces, with the number of cannon mounted, and the wants we stand in, which I also humbly pray may be supplyed according to H.M. gracious inclination in your Lordships' former letters. It hath been the usage of this Province once in a few yeares to conciliate and confirme their freindship with the Maquaws and Five Nations, and I have written to my Lord Cornbury to advise therein, and have accordingly provided for the charge of Commissioners and a present about 500l., which is necessary to keep them steady, of which the French letters intercepted complaine, and hath moved me to this present errand and charge on their behalfe, and yet at last I doubt we shall loose them, if we have not ministers amongst them to defeat the French missionaryes, to whom they are infinitely bigotted. I am sencible the papers your Lordships gave me a list of as wanting were twice sealed up in my sight but both times lost, but the last letters wherein those papers should have been were sealed at Pascataqua, and by the carelessnesse of the Secretary left behind, and yet I cannot expect any exact service there from a Secretary whose salary is but 12l. per annum, and the perquisites scarce worth 5l. more, beyond which profit that office hath not amounted these 20 yeares. I am sencible I have troubled your Lordships too often with the account of the Assemblies' refusal of any establishment of a salary for the Governour, which they are obstinate in to the last degree, and so they are in their elections of the Councill, the best men in all parts are left out, and men of no principles in Government sent to the board, from whom I can expect nothing but contradictions and opposition. Those priviledges of election of Councillors are no manner of benefit to these Provinces, but are scandalously used to support partyes against the Honour of the Crowne and Government, and are made opportunityes to affront every loyall and good man that loves the church of England and dependance upon H.M. Government, who to be sure shall never obtaine a vote though very superior to others for learning and estates.
Amongst others the last year I gave Commission to Capt. Plowman for a privateer gally, who was a man of undoubted probity and courage, and was very well equipt by Merchants of this place, and sailed from hence Aug. 1, 1703, but falling sick his company resolved to alter their course from the River of Canada, whither they were bound, and two daies after he was found dead in his cabbin, and then his Leiutenant and company sailed for the coast of Brasill, where they robbed nine Portugall vessells in a moneths time, took about 10,000l. of treasure, kill'd one Portugall Captain, and upon the coast in their returne tore and reforme'd their Journalls, but coming into harbour were soon suspected and committed to prison, and have since been found guilty, 20 of them, the greatest Rogues of them, early escaped; however I have, I hope, attended the Act of Parliament and H.M. Instructions, and have executed six of them, that is the captain and master, who were the ringleaders, the person that kept Plowman close and would suffer no man to speak with him, the man that shot the Portuguese Captain after he got on board his ship, and there are yet 14 condemned left in chains that are young and ignorant fellowes, objects of H.M. mercy if she pleases, and I humbly pray your Lordships that it may be represented to H.M. for her royal pleasure and commands therein. The whole proceeding is inclosed, which I ordered to be printed, it being a very new thing, and seeming very harsh to hang people that bring in gold to these Provinces. I have used all possible means to surprize their treasure, and have got above halfe of it, the receipt of the gentlemen appoynted to receive and secure it is enclosed, and I humbly waite H.M. pleasure for the disposall thereof. There is a considerable charge in seizing of it in severall parts of the countrey at great distances, which I have allowed and ordered to be paid. If H.M. shall see meet to allow any part thereof for my care, or the service of Lieutenant Governor Povey, I shall thankfully accept it, especially since the Province will do so little for the support of the Government. I have also sent home Captain Laurence and [? Larimore, Ed.], and his Lieutenant, John Wells, who have made themselves accessories after the fact by hideing and carrying away of the said pirates, with the proper evidences against them, as I am commanded. If H.M. shall please to extend her royal grace to those that remain here in irons, their suffering will be long and hard, and the executions paste, I hope, will forever be a warning to such evill men here. I pray I may be pardoned for any mistake in the tryals, the proceedings here being wholly new, and that I may have H.M. direction for what remaines in this affair. I formerly acquainted your Lordships that the Representatives in their Assembly, the last year, sent home a private Address, without my knowledge or advice, which I humbly pray your Lordships will acquit me of, being referring to Pemaquid etc., and if it be a fault (that matter being commanded by H.M. to be sollicited by the Governour) to give him the go by, I humbly pray they may be advised of it by your Lordships. In the last Assembly they have done better and prayed that a Committee might be allowed to attend me with an Addresse to H.M. which is enclosed in this packet and I humbly pray that it may be countenanced by your Lordships, and the prayers therein heard, what is represented of the pressure of the warr being altogether true [see preceding, July 12]. Acknowledges letters of Feb. 16, 170¾. The Rhode Island packet is by my own messenger safely delivered, and I hope will be so far obeyed as to make the article of the Vice Admiralty more easy for the future, but that of the Militia and the just use of theyr forces and expectation of a Quota from them will by no meanes be had, untill they have farther commands from H.M., or a dissolution of their Charter, which truly stands in the way of all Religion and good Government. The grant of 500l. for the fort by the Assembly of New Hampshire was truly as much as could well be collected at one time under the present pressure of the war, but I have done my endeavour to double it, by causing every man in the Province, by 30 in a week, to worke at the Castle without pay, which amounts to twice as much more as the tax, and yet it will be too little for so important a worke for that Province. I am in great need of great guns (as the account and planns shew) of pouder and small armes, which I hoped to have received last yeare, and can very ill defend the Province for want of it. I thank your Lordships for the re-establishment of Col. Byfeild in the Admiralty, he lately in his first court gave judgment against the Charles gally, out of which the privateers were taken, and his judgment seems agreeable to the Law; however the owners have appealed to the Court of Admiralty in Doctors Commons, as the Law allowes, where if the judgment be confirmed it will very much repute and steady the Government here. The allowance by law and usage here is to give the Justices 4s. per diem out of the fines during the Session lesse than what the Law of England allowes, and I shall take care they do not passe it in neither Province, and the remainder of the fines strictly comes into the Treasury. The Assemblies refusall to vote the standing assistance for New York, I took it the more greivously from them the last and this year, because it had been no more than a dutifull submission to H.M. commands, and would have cost them nothing, the trouble being so pressing upon us, and my Lord Cornbury in peace in his Government would have been much more ready to have moved to our assistance than to have expected anything from this Province, and if it might be thought meet that all the Provinces on the shoar of America should contribute towards the war, it would make it look like fellow subjects and concerned in the same interest and duty to support H.M. Crowne and dignity. I most humbly pray for the assistance of guardships for this great coast. I most humbly thank your Lordships' acceptance of my service so farr in raising men for the defence of the Province. I must do the Assembly here that justice to say that tho' they have not obeyed H.M. in providing for my support here, they have very frankly submitted to my appoyntment at all times for numbers of men and their support; and I am bold to say, one reason hath been that they are convinced of my sincere endeavours in their service and for their support, and that not one man nor penny hath been diverted from its just use and service designed, nor have I by any means taken for myselfe or the Lieutenant Governour one penny but what hath been known to them and seen in their accounts at all times for the payment and support of their owne men. Mr. Usher is in the Province of New Hampshire taking care of the fortifications of which I have given him the command, and Col. Romer is overseeing the work, although uneasy with a difficult and poor people. I hope Mr. Allen doth me the right in his letters to say that he hath asked nothing of me for letters or orders in his affaires that I have refused, he hath again begun his actions with severall, and I hope they shall come home in the order and method H.M. hath commanded, though many of the people do every day submit and take leases of him, as he aquaints me from time to time. I shall strictly obey your Lordships' direction, referring to privateers' commissions when I have the honour to receive them. I have published the repeal of the two Acts of the Assembly of New Hampshire for the confirmation of some grants and an act to prevent contention etc. and entered the repeal in the Assembly books, and the avoydance of them will, I think, much facilitate Mr. Allin's affair, they were both made before my arrivall here, and I have often observed the tendency of them since my coming. The last clause of your Lordships' letter of Feb. 16 referrs to the settlement of a salary, that matter being never to be obtained of this Government during their present forme, I most humbly submitt myself to H.M. care, and shall never neglect my duty in H.M. service, nor the just interest of this Province notwithstanding while I may approve myselfe to your Lordships, whose commands will be alwaies obeyed by me, while I am honoured with my present station. Mr. Phipps gives me notice your Lordships have considered the necessity of a Chancery Court to be established in this Province. I am humbly of opinion your Lordships would have that power lodged in the Governour for the time being, and a number of the Council, as Masters of Chancery, or Assistants to that Court, and it is most certain it would then be a just honour to H.M. and a great benefit to the Province. I have written to Mr. Phipps to attend your Lordships therein. These letters are sent expresse upon a sloop I have employed on the Province charge on purpose, and humbly pray your Lordships will let Capt. Cary the messenger be as soon as possible dispatched, having nothing else to doe, and that he may have protection for his Master and saylors on board, and that the two prisoners and the evidences may be disposed of as H.M. pleaseth, that he may return. Captain Lawrance and Lieutenant Wells, the accessoryes whom I am commanded to send home, have these two last years done good service, the first year Lawrance took 5 French prizes, since commanded a Company of voluntiers to Jamaica, and Wells his Lieutenant, and did good service there and returned, but fell unluckily there into this folly. I pray that if it may consist with H.M. honour he may obtain his pardon. Signed, J. Dudley. Endorsed, Recd. Dec. 23, Read Jan. 31, 1704 (5). 8½ pp. [C.O. 5, 863. No. 107; and 5, 911. pp. 415–433.]
July 13.
Southwark.
456. Mr. Cox to [? W. Popple]. Encloses following on behalf of his brother, Samuel Cox, "wch. I hope will prevail with their Lordships to readmit him into the Council of Barbados. Signed, Charles Cox. Endorsed, Recd. July 28, Read Aug. 24, 1704. ¾ p. Enclosed,
456. i. Council of Barbados to Charles Cox. Certificate as to the innocence of Samuel Cox. Signed, John Farmer, Geo. Lillington, Wm. Sharpe, Tob. Frere, Michael Terrill, David Ramsay, Benj. Cryer, Thomas Merrwick, Robt. Johnstoun. Addressed. 1 p. [C.O. 28, 7. Nos. 38, 38.i.]
July 13.457. Council of Trade and Plantations to the Queen. There being transmitted to us amongst many other Acts from the Bermuda Islands an Act for raising a publick Revenue for the support of the Government, and a dispute having arisen whether the said Act was perpetual, some of the Assembly affirming that there was a Clause of Limitation in the original Act for determining the same in two years, but no such clause appearing to us, we did thereupon consult Sir Thomas Trevor, then Attorney General, who reported "that the continuation of the said Act is not limitted to any certain time, but that it is a perpetual Law." And that we might have a further information in this matter, we did write to Col. Bennet requiring him to send us a copy of the said Act as it stands upon the Records, as likewise of that which was called by those Assembly Men the original Act, both of them under the seal of the Island, together with authentick copys of the Journals of the Assembly, wherein that Act was past. In answer whereunto Col. Bennet has acquainted us, that upon his enquiring for that which was called the original Act, it could not be found, nor any Journals or Minutes of the Assembly, relating thereunto, but has sent us a copy of the said Act, under the publick seale, as it stands upon Record, attested by Charles Minors, Clerk of the Councill and Secretary of those Islands, wherein there is no limitation of time for the continuance of the said Act, so it appears to us according to the opinion of the said Attorney General to be a perpetual Law, which being for raising a Revenue for the support of your Majesties Government, we humbly offer that your Majesty be pleased to give your royal assent to the said Act, and that a letter be writ to your Majesties Governour and Councill to cause that the same be put in execution, and that they do not pass any temporary law in derogation of the said Act. [C.O. 38, 6. pp. 36–38.]
July 13.
Whitehall.
458. Council of Trade and Plantations to the Queen. Commissions having been granted by his late Majesty to all the Governours in America for the tryal of pirates, in pursuance of the Act of 1700, for the more effectual suppression of piracy, and Governor Sir B. Granville having transmitted to us the Report of the Attorney and Sollicitor Generall of that Island containing their reasons why upon the demise of his late Majesty no proceedings can now be had upon the Commission to the Lord Gray, late Governor of Barbados, we have thereupon consulted your Majesty's Attorney General, who is of opinion that it is necessary that a new Commission be issued out in your Majesty's name pursuant to the said Act, whereupon we humbly offer that such Commission be renewed for all the Governments, amongst which we have comprehended the Bahama Islands as formerly, to take effect when those Islands shall be resetled and brought under a regular Government, they remaining uninhabited since their being destroyed by the French and Spaniards, and in order thereunto we humbly lay before your Majesty the names of Commissioners to be inserted in each respective Commission, which we are humbly of opinion may be prepared by your Majesties' Attorney and Solicitor General, and dispatched to the Plantations by the first opportunity. Annexed,
458. i. Names of Commissioners for trial of Pirates in the Plantations. [C.O. 324, 8. pp. 481–505.]
July 14.
Whitehall.
459. W. Popple to W. Lowndes. The Council of Trade and Plantations have sent to Jamaica the observations of my Lord Treasurer upon the Revenue Act, to the end that provision may be made for those particulars in a subsequent Act. They desire to know if he has any objection why the said Act may not be laid before H.M. for her Royal confirmation. [C.O. 138, 11. p. 294.]
July 14.
Whitehall.
460. Council of Trade and Plantations to Governor Sir W. Mathew. Give instructions as directed by Order of Council on case of Peter van Belle [see July 6]. [C.O. 153, 8. pp. 328, 329.]
July 15.
Whitehall.
461. W. Popple, jr., to Mr. Borret. The Council of Trade and Plantations send you the following letter to Mr. Attorney or Mr. Solicitor General for either of their opinions upon two Acts past at Nevis in February, which you are desired to procure as soon as may be. They also desire you to solicite Mr. Attorney General for his opinion upon the Virginian bills in his hands, it being absolutely necessary for H.M. service that they be dispatched before the sailing of the convoy, which will now very shortly be ready, and will be the last opportunity of sending thither this year. [C.O. 153, 8. p. 330.]
July 15.
Whitehall.
462. W. Popple, jr., to Mr. Attorney or Mr. Solicitor General. Encloses, for opinion in point of law, the two Acts of Nevis, for establishing of Courts and settling due methods for the administration of justice; and for the better Government of negroes and other slaves. [C.O. 153, 8. p. 331.]
July 15.
Whitehall.
463. Council of Trade and Plantations to Governor Nicholson. It is H.M. pleasure that you give us a particular account of the pitch and tar made in Virginia, and offer what you think necessary to be done for the promoting and incouraging the production of that commodity in Virginia, and that in the meantime you do all that lies in your power for the incouragement of merchants who may send such naval stores to England. [C.O. 5, 1360. p. 491.]
July 17.464. Mr. Partridge to the Council of Trade and Plantations. Tar, pitch and rossin will not be made a trade from the Plantations as tobacco and sugar is, for they may be had nearer home and much cheaper than from the Plantations. But it would be the interest of England to have all supplies from the Plantations although paying ¼th more. If H.M. had her Naval Stores thence it would be such an employ for the people there that they would be able to make good payment for the goods they have from hence etc. Proposes to furnish tar at 37s. 6d. per 30 gall., pitch at 17s. per hundred and rosin at 18s. per hundred, with an allowance of 3l. per tun and duty taken off, etc. Those masts the French bring from New England are got in H.M. Government at St. George's River, but little from Pemiquid. The French have no masts in all their Government; there is no pines or very few grows E. or N. of St. George's River, which is but 12 leagues E. of Pemiquid, and if H.M. would cause a Fort to be erected at Pemiquid, and send 200 soldiers for 3 years and then lett them settle, we should soon beat the French out there and H.M. right defended, which would in a few years be a bigger trade than Boston, the bigger the Trade the more advantage to England. Signed, Wm. Partridge. Endorsed, Recd. Read July 18, 1704. 3½ pp. [C.O. 5, 863. No. 108; and 5, 911. pp. 366–372.]
July 17.465. Additional Instructions to Governor Lord Cornbury. Given at our Castle at Windsor, July 17, 1704. Whereas by the third Article of our Instructions to you, according to several Laws relating to Trade and Navigation, you are required to take care and give in charge that no goods or commodities whatsoever be imported into or exported out of our Province of New Jersey, under your Government, in any ships or vessels but in such whereof the Master and three fourths of the mariners at least are English; and whereas by a clause in an Act past the last session of Parliament, entituled, An Act for raising recruits for the Land-forces and Marines, and for dispensing with part of the Act for the encouragement and increase of Shipping and Navigation during the present war; (copy whereof you shall herewith receive) it is enacted, that during the present war, and no longer, the number and proportion of mariners to sail in such ships or vessels, which by laws now in force are limited to the Master and three fourths of the mariners to be English, shall be enlarged to the Master and one moiety of the mariners at least to be English; it is our will and pleasure that you take care and give in charge to the proper officers, that the said Act be observed in our said Province of New Jersey under your Government, during this present war accordingly. Annexed,
465. i. Copy of Clause of above Act. [C.O. 324, 8. pp. 477–481; and 5, 994.A. pp. 164–168.]
July 17.466. Similar Instructions to Governor Sir B. Granville. [C.O. 29, 8. pp. 439–444.]
July 17.467. Similar Instructions to Lt.-Governor Bennett. [C.O. 38, 6. pp. 16–20.]
July 17.468. Similar Instructions to Governor Seymour. [C.O. 5, 726. pp. 284–286.]
July 17.469. Similar Instructions to the several Proprietors of H.M. Colonies in America. [C.O. 5, 1291. pp. 42, 43.]
July 17.470. Similar Instructions to Governor Nicholson. [C.O. 5, 1360. pp. 487–490.]
July 17.471. Similar Instructions to Lord Cornbury, Governor of New York. [C.O. 5, 1120. pp. 107–110.]
July 17.472. Similar Instructions to Governor Dudley. [C.O. 5, 911. pp. 354–358.]
July 17.473. Similar Instructions to Governor Sir W. Mathew. [C.O. 153, 8. pp. 322–326.]
July 17.474. Similar Instructions to Governor Handasyd. [C.O. 138, 11. pp. 289–292.]
July 18.
Whitehall.
475. Council of Trade and Plantations to the Queen. Recommend for H.M. approbation several Acts of Bermuda 1690–1694. [Cf. Dec. 6, 1703.] Recommend for Repeal (1) An Act for preventing differences about dry goods imported, whereby it is enacted that the oath of the Importer of such goods being brought from some of your Majesty's Plantations in America shall be sufficient for clearing of such goods and the vessel importing the same, which we judge an insufficient provision against illegal imprisonments. (2) An Act for the liberty of the subject. [See Dec. 6, 1703.] (3) An Act for liberty of the subject from illegal imprisonment. No Act of that nature [see Dec. 6.] having been allowed by your Majesty's royal predecessors in the Plantations, we are of opinion this Act be repealed, and that for the satisfaction and ease of the inhabitants such Instructions be given under your Majesty's signet and sign manual to the Lieutenant-Governor as may in the best manner secure the liberty and property of your Majesty's subjects, and prevent any hardships by long and unreasonable imprisonment in the said Island, in the like manner as your Majesty has been pleased to order upon an Act of the same nature in Barbados. (4) An Act about shipping, enacting that ships may load and unload in any Port or harbour, which is contrary to the Instructions constantly given to the Governors etc. [C.O. 38, 6. pp. 39–45.]
July 19.
Whitehall.
476. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose extract of Governor Handasyd's letter of May 4th relating to some French prisoners sent home. [C.O. 138, 11. pp. 299, 300.]
July 19.
Whitehall.
477. Council of Trade and Plantations to Mr. Secretary Hedges. Recommend Mr. Partridge's proposals (July 17). We are of opinion that an encouragement given to him may be a proper means to give a beginning to this trade. [C.O. 5, 911. p. 373.]
[July 19.]478. Wm. Partridge to the Council of Trade and Plantations. I am ready to give security for my performing my proposals for importing tar, etc. (10,000 barrels for 7 years as July 17). Signed, Wm. Partridge. Endorsed, Recd. Read July 19, 1704. ¾ p. [C.O. 5, 863. No. 109; and 5, 911. pp. 374, 375.]
July 20.479. Certificate by Col. Whetham that Governor Codrington appointed Col. Johnson [see July 12] his Deputy Governor etc. Signed, Tho. Whetham. Endorsed, Recd. Read July 21, 1704. 1 p. [C.O. 152, 5. No. 77; and 153, 8. p. 332.]