|
| April 11. |
1019. Mr. Thurston to Mr. Popple. I enclose a particular
of the wants of the Company at Newfoundland, etc. Signed,
J. Thurston. Endorsed, Recd. Read April 12, 1705. 1 p.
Enclosed, |
|
1019. i. Wants of the Company at Newfoundland. The usual
year's cloathing, provisions and contingent and
subsistance money. Also a new recruit of bedding.
Signed, J. Thurston. ¾ p. [C.O. 194, 3. Nos. 51, 51.i.;
and (without enclosure) 195, 3. p. 411.] |
April 11.
Whitehall. |
1020. W. Popple [? jr.] to Mr. Burchet. The Council of
Trade and Plantations desire to be informed when the Newfoundland convoy will be ready to sail, and who is the Commander
thereof, in order to their preparing Heads of Enquiry as usual,
and giving notice to the out-ports concerned. [C.O. 195, 3.
pp. 409, 410.] |
| April 11. |
1021. Mr. Jenings to the Council of Trade and Plantations.
Prays for a passage for himself and 3 attendants to Virginia
on H.M.S. Kingston. Signed, E. Jenings. Endorsed, Recd.
Read April 12, 1705. 1 p. [C.O. 5, 1314. No. 51; and 5,
1361. p. 114.] |
| April 12. |
1022. W. Popple, jr., to Josiah Burchett. The Council of
Trade and Plantations recommend Mr. Jenings' request (above)
to H.R.H. Council. [C.O. 5, 1361. pp. 110, 111.] |
April 12.
Whitehall. |
1023. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following for H.M. signature. |
|
1023. i. The Queen to Governor Nicholson. Letter of revocation
in the usual terms. Concludes: And that you repair
to our Royal Presence to give us an account of the
state of that Colony, when you may expect from us the
marks of our Royal favour. [C.O. 5, 1361. pp. 111–113.] |
April 12.
Whitehall. |
1024. Council of Trade and Plantations to Mr. Secretary
Hedges. The ships being now ready to sail for New England,
after which no other opportunity will offer in a considerable time,
we remind you of our letter of Feb. 2., that H.M. pleasure may
be signified to Col. Dudley. We further desire to know the
determination that has been taken upon what we writ the 3rd
inst. in reference to a circular letter to the Governors, enclosing
copies of the Act for encouraging the importation of Naval Stores
from the Plantations, it being necessary that immediate directions
be given therein by the convoy now going. [C.O. 5, 911. pp. 464,
465.] |
April 12.
Whitehall. |
1025. Sir C. Hedges to the Council of Trade and Plantations.
Severall packets of Spanish and French letters having been taken
on board a ship coming from Martinico, I send them to you
herewith. If you find anything that may be for H.M. service
to be known, I desire you will acquaint me. Signed, C. Hedges.
Endorsed, Recd. Read April 13, 1705. 1 p. Enclosed, |
|
1025. i. Governor of Martinique to [? M. de Pontchartrain].
Martinique, Oct. 4, 1704. Court Martial upon M. de
Gennes, and other officers, for flagrant cowardice in surrendering the French part of St. Christophers without
striking a blow, etc. Although fully apprized from
Martinique of the declaration of war five days before
(July 10, N.S., 1702) being attacked, he kept the fact
secret, and pretended to be ignorant of it, instead of
doing as had been arranged by M. D'Esnos and joining
the militia of Basseterre with those of Cape Sable, in
which case he would have been superior to the English.
When the English began a series of acts of hostility, he
refused to fight or to allow any reprisals. When MajorGeneral Hamilton appeared on the 15th, he held parley
with him and surrendered without a blow. "If the
Council of War can find in his behaviour no understanding with the enemy, it sees at least his fixed intention not to fight." Verdict accordingly, but the Council's
votes being equally divided on this point, it was decided
not to degrade him publicly. Signed, De Machault.
Endorsed, Recd. April 13, 1705. French. 11 pp. |
|
1025. ii. M. de Retheuille to [? M. de Pontchartrain]. Guadaloupe, Sept. 28, 1703. Considerable sums are needed to
repair the fort ruined on all sides by the English. We
have restored one part of it to protect a magazine which
has been made there, etc. Signed, Binoist de Retheuille.
Endorsed as preceding. French. 2 pp. [C.O. 152, 6.
Nos. 9, 9.i., ii.; and (without enclosures) 153, 9.
pp. 118, 119.] |
April 12.
Whitehall. |
1026. Council of Trade and Plantations to Mr. Secretary
Hedges. Enquire H.M. pleasure whether the Company at
Newfoundland is to be relieved, etc. [C.O. 195, 3. p. 412.] |
April 12.
Whitehall. |
1027. Mr. St. John to Mr. Secry. Hedges. H.M. having ordered
a transport ship to be imediatly taken up for carrying the two
companies of Col. Handasyde's Regimt. to Jamaica, it will
be necessary that the Commissioners of the Victualling have
directions to furnish provisions for their passage. Signed, H. St.
John. [C.O. 137, 45. No. 64.] |
April 12.
Whitehall. |
1028. Council of Trade and Plantations to Governor Dudley.
Since our letter of Aug. 24, we have received the duplicate of your
letter of July 13, with your letter of Oct. 10, and we have seen
your letters to our Secretary of Oct. 17, and Nov. 27 last. Before
their arrival, Captain Nathanael Cary attended us. [See
Oct. 3.] Whereupon we represented to H.M. our opinion [Nov. 7]
in relation to ordnance etc. upon which H.M. has been graciously
pleased to order 20 cannon with their appurtenances to be sent
to you for the use of the fortifications in the Massachusets
Bay. |
|
Enclose H.M. letter relating to Pemaquid, Piscataqua, and salaries
[Jan. 11], which you will communicate to the Council and Assembly accordingly. Quote Capt. Cary on Capts. Larimore and Wells
[Oct. 3, 1704]. We cannot but take notice that Capt. Cary,
instead of delivering us the tryal of Quelch and the other pirates
which you mention (July 13) to have sent us, caused it to be
printed without communicating the same to us. We shall
expect duplicates of the planns of the fortifications in your
Governments, which were lost by Capt. Cary, according to your
promise. We have acquainted the Lord Bishop of London
with what you write concerning the want of Ministers for the
Indians, and doubt not but his Lordship will do what is possible
therein. We have laid before H.M. what you write us in relation
to the pirates, and to Captain Larimore. We have not received
the account you mentioned to have sent us of the pirates' treasure,
and therefore we desire you not to omit it in your next. As to
what you write about the Assembly's Address, which was sent
over without your concurrence, we gave you an answer thereunto
May 26. We have laid what you have writ to our Secretary
concerning ships being carried to Martinico (Oct. 17, 1704), as
also relating to your expedition to Accady before H.M., and
you will have timely notice in case any direction shall be given
therein. We enclose H.M. Order in Councill, for confirming
an Act passed in New Hampshire in October, 1703, for obliging
the inhabitants to do military service, and for raising money for a
stock of provisions to be in each town ready for a march against the
enemy, which you will take care to enter in the Council Books
accordingly. |
|
We enclose a Petition presented to H.M. by Mr. John Taylour,
and desire you to inform us how that case stands. We desire you
also to send us by the first opportunity copies of the Acts past
in May, 1701, and May and Oct., 1702, according to the
inclosed list, the originals formerly sent by you having
been mislaid. Enclosed we send you H.M. letter by which you
are directed to take due care to transmit constant accounts in
relation to the publick stores therein mentioned. We likewise
send you copies of 2 Acts past here the last Sessions of Parliament
for prohibiting all trade and commerce with France, and for
preventing all traiterous correspondence with H.M. enemies,
which you are to publish in your Government and which will
be a direction to you in all cases of that nature. |
|
P.S.—We do likewise inclose to you several printed Acts of
Parliament for the encouraging the importation of naval stores
into this Kingdome, together with a letter from Mr. Secretary
Hedges in that behalf, hoping for a good effect from this new
undertaking. [C.O. 5, 911. pp. 458–464.] |
April 12.
Whitehall. |
1029. Council of Trade and Plantations to Governor Sir B.
Granville. Upon Sir James Colleton's petition (April 2), we
find ourselves obliged to remind you of H.M. Additional
Instructions to you upon that matter, and also of H.M. Letter
to you upon the case of Mr. Sharp, that you may observe the
same, and we are further particularly to recommend to you, that
you do not permit Mr. Colleton to sit as Judge in any of the
Courts, nor in Councill upon any writ of error or appeal in this or
any other case wherein he is in his private interest concerned.
Enclose letter from Mr. Secretary Hedges with several Printed Acts
for the encouraging the importation of Naval Stores. [C.O.
29, 9. pp. 280, 281.] |
| April 12. |
1030. Council of Trade and Plantations to Governor Seymour.
Enclose copy of Sir T. Lawrence's Petition (Jan. 2, '05). We
recommend to you that you take care to preserve the ancient
rights of H.M. Patent Offices and Officers, and in particular
that you give all due encouragement and countenance to
Sir Tho. Lawrence, and that you do not pass any Act whereby
the just and usual fees of such Patent Officer may be diminished;
and in case any such an Act as is complained of in the said Petition
be already passed, you are not to delay upon any account whatsoever the sending it over, with your reasons for passing the
same, according to your instructions. [C.O. 5, 726. p. 306.] |
April 12.
Admiralty Office. |
1031. Mr. Fawler to Mr. Popple, jr. In reply to letter of
April 11, on March 24 publick notice was sett at the Royall
Exchange that the Convoy for Newfoundland was to sayle from
the Downes the first fair wind after April 1st. Accordingly,
on the 10th, H.M.S. Looe and Falkland prize sayled from the
Downes. They are to call at Spithead, Poole, Weymouth,
Exmouth, Topsham, Dartmouth and Plymouth, to which ports
Commodore Brydges was ordered to send notice overland, by
what time he might reasonably be expected there, etc. The
latter end of May or ye beginning of June next, the two other
ships designed convoy to Newfoundland are to sayle. Signed,
J. Fawler. Endorsed, Recd. Read April 13, 1705. Addressed.
1¾ pp. [C.O. 194, 3. No. 52; and 195, 3. pp. 413, 414.] |
April 13.
Whitehall. |
1032. W. Popple to Mr. Fawler. The Council of Trade and
Plantations are sorry they did not sooner know of the immediate
departure of the Newfoundland convoy, so that they are now
obliged to desire you to lay the enclosed Heads of Enquiry before
H.R.H. Council for their direction to the Commodore, unto
which they desire they may receive answers, as they have done
for these 15 or 20 years past, except the two last years,
which is a very great prejudice to trade. They desire that the
Commodore may acquaint the Chief Officer of the Company
there that H.M. has given orders for a new Company to be sent
by the next shipping for relieving the said Company, and that
orders are given for bringing them home and for providing all
necessaries for the fort and garrison. The Commission for the
Commodore to command at land during his stay is prepared by
Mr. Secretary Hedges. Annexed, |
|
1032. i. Heads of Enquiry relating to the Trade and Fishery
of Newfoundland to be given as Instructions to the
Commander in Chief of the Newfoundland Convoy.
You are to be guided by the Act to encourage the trade
to Newfoundland (10 and 11 William III); to distribute
copies of it among the principal inhabitants, etc., and to
observe and enquire whether the rules contained in it
be duly observed. [Repeat Enquiries set out C.S.P.,
1700. No. 198.i., and 1698. No. 498.] You are
to take care that the best remedies be applied for the
remedy of these abuses and mischiefs (Capt. Graydon's
Report, C.S.P., 1701. No. 879.xii.), and to report your
opinion thereupon in order to the preparing of clauses
to be proposed at the next Sessions of Parliament.
You are to inspect and assist in the fixing of the boom
at St. John's Harbour, as far as the other services
committed to your care will permit. And the Merchants
having proposed that Trinity Bay and Carboniere in
Conception Bay be fortified, but it not sufficiently
appearing in what places they may be erected so as to
be a security to those harbours from attacks by sea
and to the settlements from attacks by land, you are
to view those places and report to one of H.M. Principal
Secretaries of State and the Council of Trade and
Plantations how the same are fitted for such fortifications,
and what may be ye charge of erecting them. [C.O. 195,
3. pp. 415–436.] |
April 13.
Whitehall. |
1033. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose, for H.M. signature, the Commission for the
Commodore of the Newfoundland Convoy to command the Fort
and Garrison, "the despatch whereof being very necessary
for H.M. service, and for quieting the disorders of the present
garrison." [C.O. 195, 3. pp. 436, 437.] |
| [April 13.] |
1034. Major Nott to the Council of Trade and Plantations.
Prays that the fleet or one of the convoys for Virginia may be
stopped for 10 days from the 20th, as the passing of his Commission and Instructions will not be possible before the last of
this month. Enclosed, Recd. Read April 13, 1705. 1 p.
[C.O. 5, 1314, No. 52; and 5, 1361. p. 116.] |
April 13.
Whitehall. |
1035. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclosing preceding for H.M. pleasure therein.
Col. Nott's Commission is already passed this Board; his
Instructions will be ready on Wednesday next with all his other
necessary despatches. [C.O. 5, 1361. p. 115.] |
| April 13. |
1036. Copy of H.M. Commission to Governor Lord Cornbury,
for the trial of pirates in the Plantations. Oct. 21, 1704.
Countersigned, Wrighte. Subscribed, Commissions for other
Governments mutatis mutandis. Endorsed, Recd. from Mr. Baker.
April 13, 1705. 12 pp. [C.O. 323, 5. No. 78; and 324, 9.
pp. 91–102.] |
April 14.
Admiralty Office. |
1037. Mr. Fawler to Mr. Popple, jr. Mr. Jenings' request
[April 11] is granted. The convoy is ordered to sail the first
fair wind after the 20th inst. Signed, J. Fawler. Endorsed,
Recd. Read April 16, 1703. Addressed. 1 p. [C.O. 5, 1314.
No. 53; and 5, 1361. p. 117.] |
April 17.
Fleet Prison. |
1038. J. Clifford to the Council of Trade and Plantations.
Encloses letter written by him to Messrs. Shippard and Gardner
by the directions of Mr. John Pollexfen. Mr. Shepherd answered
that he would deliver the report at the beginning of this week,
tho' I doubt the contrary, etc. Signed, Jer. Clifford. Endorsed,
Recd. April 18, Read May 2, 1705. ¾ p. Postmark. Addressed.
Enclosed, |
|
1038. i. J. Clifford to Samuel Shippard and John Gardner
as in preceding. Signed, Jer. Clifford. 1 p. [C.O. 388,
75. Nos. 119, 119.i.; and 389, 36. pp. 263, 264.] |
April 17.
Whitehall. |
1039. Mr. Secretary Hedges to Governor Nicholson. H.M.
has been pleased to appoint Col. Edward Nott to be Governor of
Virginia, and has signed a letter of revocation to you in the
usuall forme, but I am at the same time to acquaint you, that
it is not upon account of any information against you, or of any
displeasure H.M. has taken against you, that she has recalled you,
but that she thinks it to be for her service at this time. Signed,
C. Hedges. Endorsed, Recd. from Mr. Wilcox. Recd. Read
April 20, 1705. 1 p. [C.O. 5, 1314. No. 54; and 324, 30.
p. 27; and 5, 1361. p. 198.] |
| [April 17.] |
1040. Proprietors of the Western Division of New Jersey
to the Council of Trade and Plantations. We humbly acknowledge your Lordships' great justice in making the termes of our
Surrender of Government part of Lord Cornbury's Instructions,
and heartily wish H.E. had given us occasion of acknowledging
his due observation of the Instructions, instead of troubling
your Lordships with a complaint of the breach of them, which
we are credibly informed he has made in the following instances,
but endeavours to palliate there by frequently and publicly
asserting that your Lordships consented to no termes upon our
surrender. One of the terms consented to by your Lordships
and one of H.E.'s Instructions relates to qualifications of members
and electorate. This Instruction, which we looked upon to be
the chief security of our estates in the Province, H.E. has violated
in two several instances. After the election of the last Assembly,
Mr. Revell and Mr. Leeds, two of the Governor's Council, at
their first meeting objected against 3 of the persons returned
as not having each 1,000 acres of land, though these men are
generally known to have so, and offered to make oath of it, and
many other members petitioned to have them admitted to their
right, yet H.E. would not suffer the House, who are the only
proper Judges of their own Members, to determine this matter;
but upon the bare suggestion of the two members of the Council,
who ought not to intermeddle with Elections, refused to swear
those three persons with the rest of the Representatives, and
yet did not order others to be chosen in their places. This we conceive to be such an invasion of the rights of the Assembly as
tends to overthrow the Constitution of it, and is an assuming
a negative vote to the Freeholders' election of their Representatives. |
|
H.E. has passed an Act of Assembly for altering the
qualifications of electors and elected. We conceive he has no
authority from his Instructions for passing this Act, and the
reasons he alledges are not sufficient to justify it; for though
the Instruction relating to elections of General Assemblys allow
an alteration by Act of Assembly of the number of Representatives
and of the manner of their being elected, yet it leaves no power
to the General Assembly to alter the qualifications of the electors
or elected, which was intended to be a standing and unalterable
part of the Constitution, as most agreeable to the Constitution of
England, where the electors of knights of shires must have a
certaine fix'd freehold, and the elected are generally the principall
landed men of their respective countys, for certainly those persons
are fittest to be entrusted with choosing and being legislators,
who have a valuable and permanent interest in lands, and must
stand and fall with their country; but money is an uncertaine
interest, and if it be admitted a qualification equal to land,
an Assembly may be pack'd of strangers and beggars, who will
have little regard to the good of the country from whence they
can remove at pleasure, and may oppresse the landed men with
heavy taxes. |
|
It is another term of our Surrender, and an Instruction to his
Lordship, that no Acts should be made to lay any tax upon lands
that be unprofitable. But H.E. has encouraged and consented
to a Bill for taxing all lands without distinction (except the
Proprietors' lands), which will make the Planters, whose subsistence depends wholly upon their labour in their cleared lands,
desert the Province. |
|
It is another term of our Surrender, and an Instruction to
H.E., that the Surveyors and other persons appointed by us for
surveying and recording the surveys of lands granted and sold
by us, shall be permitted to execute their respective trusts. But
H.E. has taken upon him, even contrary to the advice of his
Councill, to appoint fees for patenting lands, which has created
an opinion in the people that the power of granting lands is in
him, has lessen'd the credit of our title to the lands, and encourages
ye Planters to dispute our right. H.E. has demanded all publick
books, papers and records, and detains some which were delivered
at his request for his perusall only. This Order, if put in full
execution, will deprive the Proprietors of all meanes to justify
their past administration, of their evidences of their grants of
lands to the present possessors of them (all the surveys and
patents being recorded in those books) and will destroy the office
of our Register, or at least will disable him to execute his duty
in some cases, which by Acts of Assembly he is obliged to perform. |
|
It is a further term of our Surrender and Instruction to H.E.,
that all officers be appointed by advice of the Council. But
H.E. has constituted severall officers without such advice, and
particularly a Sheriff of Burlington, who was therefore suspended
by Order of Council, and yet continued to act under his Lordship's
appointment. H.E. hath put severall mean and contemptible
persons on the Commission of the Peace, particularly one Salter,
whom he knew to be under prosecution for felony, and has given
Commissions in the Militia to others, who have no estate in the
Province, and therefore are not like to be zealous in the defence
of it. We pray that your Lordships will reinforce your
Instructions by fresh orders, and relieve us from those violations
already made, and as a further security of our estates there,
direct that noe persons be admitted of the Governor's Councill or
be in the Commission of the Peace or of the Militia, who have
not estates in land within the Province suitable to those stations.
Endorsed, Recd. Read April 17, 1705. 8 pp. [C.O. 5, 970.
No. 27.] |
April 17.
Whitehall. |
1041. W. Popple jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion in point of law
upon the Act of Antego, passed July 3, 1704, for holding a Court
of Chancery by the Lieut. Gov. or President and Council in the
absence of the Commander in Chief, etc. [C.O. 153, 9. pp. 119,
120.] |
April 17.
Admiralty Office. |
1042. Mr. Burchett to Mr. Popple, jr. In reply to letter
of April 13th. The Heads of Enquiry are sent to meet the
Commodore of the Newfoundland convoy at Plymouth; he is
directed to acquaint the officer in chiefe of the Company there,
that H.M. has ordered them to be relieved by the next ships
that proceed thither. Signed, J. Burchett. Endorsed, Recd.
Read April 16, 1705. Addressed. 1 p. [C.O. 194, 3. No. 53;
and 195, 3. pp. 437, 438.] |
April 18.
Whitehall. |
1043. W. Popple, jr., to Sir H. Ashhurst. The Council of
Trade and Plantations desire to know what you may have to
offer upon enclosed petition in behalf of the Quakers of Connecticut
[see April 21] as soon as conveniently you can. [C.O. 5, 1291.
pp. 144, 145.] |
April 18.
Whitehall. |
1044. Council of Trade and Plantations to Governor Lord
Cornbury. Enclose charges against Connecticut and Rhode
Island [see March 26], and Order of Council, Feb. 12, etc. [C.O. 5,
1120. pp. 287, 288.] |
April 19.
Admiralty Office. |
1045. Mr. Burchett to Mr. Popple. The Lowestoft is under
orders to proceed forthwith to New Yorke, to attend on that
Collony, and the Deptford will sayle for New England in a little
time to attend there. Signed, J. Burchett. Endorsed, Recd.
Read April 20, 1705. Addressed. Sealed. 1 p. [C.O. 5, 1048.
No. 114; and 5, 1120. p. 291.] |
April 20.
Whitehall. |
1046. Mr. Secretary Hedges to Governor Dudley. H.M. is
pleased to pardon the 14 prisoners (mentioned in letter of July 13,
1704). Repeats Instructions about Spanish trade given March 29.
H.M. having out of her tender care of her Plantations in America
been pleased to cause a Bill to be presented to the House of
Commons for encouraging the importation of Navall Stores
from H.M. Plantations in America, which has since past into an
Act, whereby not only due encouragement is given for the
bringing such stores and materialls for the Royal Navy and
shipping of England from thence, but a further intercourse and
commerce is produced for the enabling H.M. subjects in those
parts to make returns for the manufactures of England, which
they stand in need of, I have thereupon received H.M. directions
to send you herewith the said Act, which you are to communicate
to H.M. Council and Assembly and render it otherwise publick
within the Province under your Government, as you may judge
most proper for promoting and advancing so usefull an undertaking. And more particularly you are to recommend to the
General Assembly the making of due regulations and orders for
the better carrying on of that work, which may be best effected
by passing an Act or Acts in that Province for preventing the
spoile of the woods as much as possible. And you are especially
to find out and encourage the best means for the making of tarr
most usefull for ropes and cordage by taking off the burning
quality that has been complained of here, as also to give the
necessary directions for preserving the woods and hindering
the unnecessary destruction of trees by the irregular drawing
out the turpentine. And it is expected that you, the Council
and Assembly should in all respects contribute your joint
endeavours for the rendering that Act and such others as may
be past conformable thereunto in the General Assembly most
effectual for the intended service, which will not only be very
grateful to H.M., but of the greatest advantage to H.M. Province
under your Government. [C.O. 324, 30. pp. 27–29.] |
April 20.
Whitehall. |
1047. Mr. Secretary Hedges to Governor Nicholson. Repeats
Instructions about Spanish Trade given March 29. Repeats
Instructions about Naval Stores given in preceding, with addition:
But you are to take care not to suffer the people employed in the
making of Tobacco to be diverted from it by this, or any other
undertaking. Similar letter to Governor Seymour, and, without
the last paragraph, to Governor Lord Cornbury. [C.O. 324, 30.
p. 29.] |
April 20.
Whitehall. |
1048. Mr. Secretary Hedges to Mr. Pen. Repeats Instructions
about Spanish Trade given March 29. Similar letter sent to
the Proprietors of Carolina, the Governor and Company of
Connecticut, and the Governor and Company of Rhode Island.
[C.O. 324, 30. p. 29.] |
April 20.
Whitehall. |
1049. Mr. Secretary Hedges to Governor Sir B. Granville.
Whereas H.M. does think fitt that the greatest ease and
encouragement be given to the pacquet boats that are employed
in the constant carrying letters to and from the Plantations,
and whereas by the Laws of each Plantation all vessels trading
thither are obliged to pay 1lb. of powder per tun, which would
be a heavy imposition upon such pacquet boats that pass so
frequently, you are to suspend the said powder duty, and that
you send over an account from time to time of the powder which
would have accrued in case such duty had been actually paid.
And you are further to propose to the next Assembly the passing
of an Act for exempting the pacquet-boats from the said duty. |
|
Similar letter sent to Col. Handasyde, Capt. Bennet, and the
Commander-in-Chief of the Leeward Islands. [C.O. 324, 30.
pp. 30, 31; and 324, 9. p. 87.] |
| April 20. |
1050. Circular letter from Mr. Secretary Hedges to the Governors of Plantations, about the opening of trade with Spain.
See March 29. Copy. Endorsed, Recd. April 20, 1705. 1 p.
[C.O. 323, 5. No. 79; and 324, 9. p. 103.] |
April 20.
Whitehall. |
1051. Council of Trade and Plantations to the Queen. We
humbly lay before your Majesty the draught of Col. Nott's
Instructions for the Government of Virginia, in which we have
incerted, in obedience to your Majesty's Order in Council of the
5th inst., a clause relating to the building of towns and settling
of Ports in that Colony. And whereas we find that in the number
of Councillors, Col. Diggs was omitted in Col. Nicholson's
Instructions, we are humbly of opinion that he be restored to
his former place in the Council, and have incerted his name
accordingly. We also lay before your Majesty an Additional
Instruction to the Governor of Maryland for the setling of ports
in that Colony. Annexed, |
|
1051. i. Instructions for Edward Nott, Lieutenant and Governor-General of Virginia. Similar to Instructions given to
Governor Selwyn, mutatis mutandis, abstracted, C.S.P.,
1701, No. 647. ii., q.v. Alterations and additions:—Members of Council, William Bird, Edmund Jennings,
John Lightfoot, Dudley Diggs, Benjamin Harrison, Senr.,
Robert Carter, John Custis, James Blair, Clerk Commissary
to the Lord Bishop of London, Phillip Ludwell, Wm.
Bassett, Henry Duke, Robert Quary and Wm. Churchill.
Although by our Commission [April 5] any three of our
Councillors are to make a quorum, you are not to act
with less than five, unless upon extraordinary
emergencies … You are as much as possible to observe
in the passing of all Laws, that whatever may be requisite
upon each different matter be provided for by a different
Law, without intermixing in one and the same Act
such things as have no proper relation to each other,
and you are more especially to take care that no clause
or clauses be inserted in, or annexed to any Act, which
shall be foreign to what the title of such respective
Act imports . . . . You are, with the assistance of the
Council, to take care that all Laws now in force be
revised and considered, and if there be anything, either
in the matter or stile of them, which may be fit to be
retrenched or altered, you are to represent the same
unto us, with your opinion touching the said Laws now
in force, whereof you are to send a compleat body unto
us and our Commissioners for Trade and Plantations,
with such alterations as you shall think requisite, to
the end our approbation or disallowance may be signifyed
thereupon. And whereas it hath been represented
that the late taxes, which have been levied by poll within
our said Colony, have been very heavy and burthensome
unto our subjects there, you are to recommend to the
General Assembly the consideration and settling of such
a way for raising money upon necessary occasions as
shall be more equal and acceptable to our subjects there
than the present method of levying the same by poll
and tythables. And it having been further represented
that a Duty upon liquors imported would be the most
easy means that can be found out for the better support
of that Government, you are to recommend to the
Assembly the raising of such an impost and continuance
of the same, which you shall permit them to appropriate
in such manner that it may be applyed unto the uses
of the Government, and to none other whatsoever.
And it being necessary that some further care be taken
to defray the contingent charges of that Government,
for which the constant Revenue now raised not being
sufficient, no other means can be found out for supplying
the same without calling an Assembly on the least
occasion that may happen, which, by the charges contracted by the Members and Officers attending them,
is often found to exceed the whole levy for which they
are convened, to the intent therefore the Publick
Necessities may be the more easily answered, you are to
propose the same unto the next Assembly, and to use
your best endeavours that a Law be passed empowering
our Governor and Councill for the time being to raise,
as there shall be occasion, a generall levy or tax for the
better support of the Government, which levey may
be also accounted for to the next Assembly, provided
always that neither in this Act, nor in any other to
be passed by you, you do not admit of any clause,
whereby any moneys raised within the said Colony
shall not be made liable to be accounted for unto us here
in England and to our High Treasurer, etc… Whereas
we have been informed that intelligence has been had
in France of the state of our 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, you are to
signify to all merchants, planters, etc., that they be
very cautious in giving any account by letters of the
Publick State and condition of Virginia; and to all
masters of ships etc. 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 you are
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 you are further to advise
all Masters of Ships that they do sink all letters in case
of danger. Upon your absence from your Government,
one half of the Governor's Salary, perquisites etc. to be
allowed to the Lt. Governor. Neither Governor nor
Lt. Governor to receive any present from the Assembly,
upon pain of our highest displeasure, and of being
recalled from that our Government. This our Royal will
and pleasure is to be communicated to the Assembly
at their first meeting after your arrival, and entered
into the Registers of our Council and Assembly . . . .
You shall take care that Members of the Assembly be
elected only by Freeholders, as being more agreeable
to the custome of England, to which you are as near as
may be to conform yourself. You shall reduce the
salary of the Members of the Assembly to such a
moderate proportion as may be no grievance to the
country, wherein nevertheless you are to use your
discretion so as no inconveniency may arise thereby.
Whereas an Act has been passed in Virginia (1684) for
altering the time of holding general Courts, you are to
propose to the next Assembly (if the same be not already
done) that a clause be added to the said Act, whereby
it may be provided that the power of appointing Courts
to be held at any time whatsoever remain in you or the
Commander in Chief for the time being. In case any
goods, money or other estate of pirates, or piratically
taken, shall be brought in or found within Virginia,
or taken on board any ships, you are to cause the same
to be seized and secured until you shall have given us
an account thereof and received our pleasure concerning
the disposal thereof, but in case such goods are perishable, the same shall be publickly sold and disposed of, and
the produce thereof in like manner secured until our
further Order. And whereas Commissions have been
granted unto several persons in our Plantations for
the trying of pirates in those parts pursuant to the Act
for the more effectual suppression of piracy; and by a
Commission now sent to Virginia, you, as Lt. and
Governour General, are impowered, together with others
therein mentioned, to proceed accordingly, our Will
and Pleasure is, that in all matters relating to pirates,
you govern yourself according to the intent of the Act
and Commission aforesaid: But whereas Accessories
in cases of piracy beyond the Seas are by the said Act
to be tried here in England according to the Statute of
28th Henry VIII, we do hereby further direct and
require you to send all such accessories in cases of piracy,
with the proper evidences that you may have against
them, into England, in order to their being tried here.
… Complaint having been made that the Members of
Council in all matters of civil right, where any of them
are dependants, claim a priviledge of exemption from
the ordinary forms of process by writt, so that they
cannot be arrested, and that it being the practice in all
such cases that the Secretary summon them to an
appearance by a letter, they either comply, or neglect
it at their own pleasure, by which means the course
of Justice is obstructed, and the Plaintifs, who are not
of the Council, are left destitute of reliefe; you are
therefore to take special care that, according to the
Order made in our Council of Virginia, March 27, 1678,
by which Members claimed the foresaid priviledge, a
letter of summons to any of the said Councellors, signed
either by yourself or the Secretary of our Colony, be
deemed as binding and as strict in law for their appearance as a writ; and that upon their neglect to comply
with any such summons (except only in time of General
Assembly) they be lyable to the ordinary forms of
common process . . . . A Court of Exchequer to be
called when needfull, and you are to inform us and our
Commissioners of Trade. whether our service may
require that a constant Court of Exchequer be settled
and established there… You are to take care that
all planters and Christian servants be well and fitly
provided with arms, and that they be listed under
good officers, and when and as often as shall be thought
fit mustered and trained . . . . You are to appoint fit
officers in the several parts of the country bordering
upon the Indians, who upon any invasion may raise
men and arms to oppose them, until they shall receive
your directions. … And whereas, together with other
powers of Vice-Admiralty, you will receive authority
from our dearest Husband, Prince George of Denmark,
our High Admiral, upon the refusal or neglect of any
Captain or Commander of any of our ships of war to
execute the written orders he shall receive from you
for our service and the service of our Colony under your
Government, or upon his negligent and undue execution
thereof, to suspend him from the exercise of his office
and commit him into safe custody, either on board his
own ship or elsewhere at your discretion, in order to
his being brought to answer for such refusal or neglect
by Commission either under our Great Seal of England,
or from our High Admiral; and whereas you will likewise receive directions from our dearest Husband that
the Captain or Commander so by you suspended, shall
during his suspension be succeeded in his office by such
Commission or Warrant Officer as by the known practice
and discipline of our Navy ought to succeed him,
and not otherwise, you standing also accountable for
the truth and importance of the crime and misdemeanor
for which you shall so proceed; you are not to exercise
the said power of suspending any such Captains etc.
otherwise than by virtue of such Commission or Authority
from our said High Admiral, any former custom or
usage notwithstanding . . . . You shall cause a survey
to be made of all the considerable landing-places and
harbours, and, with the advice of our Council there,
erect in any of them such fortifications as shall be
necessary for the security and advantage of that Colony,
which shall be done at the publick charges of the Country,
in which we doubt not of the chearful concurrence of
the inhabitants, from the common security and benefit
they will receive thereby. All servants that shall be
transported to Virginia, shall serve their respective
Masters for the term prescribed by the Laws of the
Colony, and shall at the end of the said term have
50 acres of land set out and assigned to every one of
them respectively, to have and to hold, their heirs and
assignees for ever under the rent and duties usually paid.
And whereas it has been represented that the grant of
K. James I to our Colony, exempting planters from
paying quit-rents for the first seven years, did turne to
the great prejudice of the same and that many took
occasion thereby to take and create to themselves titles
to such quantities of land which they never intended
to, or in truth could, occupy or cultivate, but thereby
only kept out others, who would have planted and
manured the same, and King Charles II having therefore
revoked the same, we do likewise give the same directions
unto you, that if any such grants should still be insisted
on, the same be taken to be void. And you are likewise
to restrain the unlimited practice of taking up more
lands than can reasonably be cultivated and to regulate
all abuses therein. You shall (with the advice of our
Councill there) take care to appoint men fitly qualified
to be Surveyors throughout all the several districts of
our Colony, and that they be sworn to make true and
exact surveys of all lands required to be set out according
to the best of their skill. You shall likewise take care
that a General Survey be made of all the Colony and of
each County and that an exact map be drawn and
transmitted to us and to our Commissioners for Trade
etc. An exact account to be drawn of arrears of Quitrents, and of what persons are possessed of above
20,000 acres of land apiece, by what titles they hold
the said lands, and how much each of them is possest
of above that quantity; both which accounts you are
without delay to transmit unto us, our High Treasurer
and our Commissioners for Trade. And whereas it has
been proposed that for preventing the taking up of land
for the future by such as do not make use of it, to the
exclusion of those who would plant and cultivate the
same for the benefit of the country, and the increase of
our Revenue, and of the trade of this Kingdom, the
terms of granting land be for the future altered and
that none shall acquire a right by merely importing
or buying of servants; but that whoever will sit down
and plant on any vacant piece of land there, shall have
100 acres granted to himself, and the like quantity for
each labouring person that he shall carry on, or engage
to bring on, that Plantation within 3 years from the
date of his Patent, under the yearly quit-rent of 2s. for
every 100 acres to be paid unto us, our heirs and
successors, provided always that if after the expiration
of the said 3 first years, he have not actually (and so
continue to keep) upon his said Plantation, the complete
number of hands or tythables now proposed, he shall
then either pay unto us 10s. a year for every 100 acres
contained in his Patent more than the hands or tythables
that he has upon it, or surrender the same unto us, at
his own choice; And on the contrary, if by the increase
of his stock he shall increase the number of hands or
labouring persons in his Family, above the proportion
now proposed, there shall be then granted to him (if he
desire it) an additional 100 acres for each additional
hand that he shall have above his first number upon the
same condition still of increasing his rent, or surrendering,
upon the lessening of the number of his said hands,
and provided also that wheresoever sufficient distress
shall not be found upon any land to answer the quitrent reserved upon it, there the said land shall return
to us, as if it had never been granted; All which appearing
unto us both reasonable in itself and highly conducing
to the advantage of our Colony, you are therefore to
consider and advise with the Council and Assembly
there (because of the difficulties which may arise from
the customary practice of the former method, and it's
being interwoven perhaps with the Laws of that Colony),
how those difficulties may be best removed, and the
method now proposed made practicable, and give
account thereof unto us and our Commissioners for
Trade. You are to transmit quarterly to the Treasury
and Board of Trade accounts of exports and imports
and ships coming and going. All tobaccos ship't in
Virginia, from what part soever they come, to pay
Virginia duties. You are to take care, during this time
of war, that no ships sail but in fleets or under convoy,
or at such time as you shall receive notice from hence
etc., and in case of any danger you are to expect directions
from hence what precautions shall be further necessary.
You are to examine what rates and duties are charged
upon exports and imports, and to use your best endeavours
for the improvement of the Trade in those parts. No
Schoolmaster to be henceforward permitted to come
from England and to keep School without the licence
of the Bishop of London, and that no other person now
there, or that shall come from other parts, be admitted
to keep School without your license first obtained. …
And as upon several Representations made concerning
a trade with the Indian natives, it hath been thought
fit to permit a free Trade between our subjects of Virginia
and the Indians, and we being willing to continue the
same permission, you are to signify to the next Assembly
that, out of our great care for the welfare of that Colony,
we have prefer'd the particular benefit of our subjects
there before any other advantage that might accrue
unto us by restraining that trade, whereof we do expect
they should have a due sense, and provide by some
means for the better support of that Government. …
Inasmuch as it may not be fit that appeals be too
frequently, and for too small a value, brought unto
our Governor and Council, you shall with the advice of
the Council, propose a law wherein the methods and
limitation of appeals to Governor and Council may be
settled and restrained in such manner as shall be most
convenient and easy to our subjects in Virginia.
Appeals to H.M. in Council to be allowed where the
value exceeds 300l. etc., and in cases of fines exceeding
2,000l. … You are to take care that no Courts of
Judicature be adjourned but upon good grounds, and
whereas complaint hath been made that the orders of
Court are entered in the absence of the Magistrates,
and sometimes penn'd in private at the Magistrate's
house, you are to prevent such abuses, and particularly
that no orders of any Court be entred or allowed which
shall not be first read and approved of by the Magistrates
in open Court, which rule you are in like manner to see
observed with relation to the proceedings in our Council
of Virginia, and that all orders there may be first read
and approved in Council, before they are entered upon
the Council Books. … And whereas an Agreement
has been formerly made with the Indians of Virginia
and of New York for their peaceable living with our
subjects and submission to our Governments, We do
hereby approve the same and require you to endeavour
as much as in you lies that the said agreement be
punctually observed, and renued if it shall be necessary
as conducing to the welfare of our Colony. … Whereas,
we are pleased to take notice that the building of towns
warehouses, wharfes and keys for the lading and unlading
of ships at proper places, exclusive of others upon each
of the four Great Rivers and on the Eastern Shore will
be particularly usefull in bringing the People to a more
regular settlement, and of great advantage to trade
in the more expeditious lading and unlading of ships;
and whereas there has been for many years several
transactions upon this subject, copies whereof will be
herewith delivered to you, you are upon your arrivall
to lay this whole affair, and the severall Acts in this
behalf before our Council there, and to recommend
to the Assembly (who may advise with the Officers
of our Customes there) to pass an Act for that purpose
to be presented to us, which may take in as much as
possible the several interests of the inhabitants and
planters there and of the merchants here, avoiding
allways the inconveniencies complained of in the former
Acts as set forth in the said Papers: in which Act so
to be passed the term of two years may be allowed
from the passing thereof for the building of towns and
warehouses, and for the setting out and appointing
of keys and wharfs as aforesaid, exclusive of any others,
the number of which towns are not to exceed three at
most on each of the 4 great Rivers, and two on the
Eastern Shore. And whereas we have given the like
direction to our Governor of Maryland, you are to
correspond with him in the carrying on of this good
work in both our said Colonies, and to give us and our
Commissioners of Trade a constant account of your
proceedings herein. Whereas we have understood that
an Act passed in Virginia, 1682, for repealing an Act
about Attorneys, 1680, hath been declared void, whereby
the said Act of 1680 is revived, and that this is inconvenient and prejudicial to our Colony, you are to declare
by Proclamation our Repeal of the said Act about
Attorneys, if the same be not already done. … You
are to take care, by and with the advice of the Council,
that prisons be kept secure. And forasmuch as an
allowance of house-rent hath been made to the Governors
of that Colony, we for the present allow the same unto
you, but nevertheless it not being reasonable that
we should always continue the said allowance, whilst
no advance is made towards the building of a House,
you are therefore earnestly to recommend unto the
Assembly in Our name at their first meeting after your
arrival, that care be taken by them for the building
of a fit and convenient house to receive you and the
Governor for the time being, which may be appropriated
to that use. You are to take as Governor 2,000l. per
annum by quarterly payments, and cause to be paid out
of the Revenue to the Councillors, Judges and Officers,
civil and military, etc., the salaries formerly paid, or
such other reasonable ones as you, with the advice of
our Council there, shall think requisite: a true account
whereof you shall from time to time transmit to our
High Treasurer and our Commissioners for Trade.
Provided always that you do not dispose of any part of
our Quit-rents, nor suffer the same to be issued out
upon any occasion, untill upon your certifying unto us
the value of what shall remaine thereof from time to
time in our Treasury, or be due unto us, we shall order
the same to be disposed of as we shall find occasion for
our service. Whereas upon considering the entries
at our Custom-house here in England with the payment
of the 2s. per hhd. on tobacco and other duties due unto
us in Virginia, there has been certain information given
of great frauds and abuses both in the payment thereof
by Masters of ships and others, and in the collection
by our officers, you are to use all lawful means for the
prevention thereof and for the improvement of our
Revenue. And whereas such abuses cannot be committed without apparent negligence of the Collectors or
their connivance, you are to take great care with the
advice of our Council in appointing fit and duly qualified
persons for the collecting of those duties, and the like
for the employment of Naval Officers. You shall not
commit the care of those different employments unto
one and the same person, nor any of them unto persons
much concerned in trade, who may be apt to be thereby
biased from their respective duties, nor unto the
Members of our Council. Persons appointed to the said
employments to be sworn to execute faithfully and
diligently their respective offices in their own persons,
not by Deputies unless in cases of absolute necessity,
and that those deputies be then likewise sworn; each of
the said officers to give their attendance at such certain
times and places as you, with the advice of our Councill,
shall direct. You are strictly to charge them in Our
Name to be more diligent and careful for the future,
under penalty of the forfeiture of their places, by your
putting others in their stead on the first offence, and
of our highest displeasure, and you are from time to
time to give us, our High Treasurer and our Commissioners for Trade a particular account of your
proceedings herein, and of the duties collected and
disposed of. And forasmuch as it seems incongruous
that the place of Receiver, or Accountant, should be
as it has been of late years, in the same person with
that of Auditor or Deputy-Auditor, which ought to
be as a check or controul thereunto, you are to consider
thereof and report unto us, our High Treasurer and
Commissioners for Trade, what you conceive most proper
to be done for our advantage and for the advantage
of that Colony in the settlement of both or either of
the said offices, with proper limitations and restrictions;
and in the meanwhile to take care that our Quit-rents
be not only duly gathered, but, in order to the improvement thereof, that they be sold every year openly by
inch of candle to the highest bidder in the respective
County Courts, and that due notice be given of the
time and place of any such intended sale in such manner
as may make it most publickly known to all people a
competent while beforehand. |
|
And whereas complaints have been made of several
undue practices in the Secretary's or Register's Office
of that Colony by the Clerks or other persons imployed
therein, you are to make inspection into what has been
the state and management of the said Office, and report
to us and our Commissioners for Trade how you find
the same, and by what methods any former mismanagements may for the future be best prevented; and in
the meanwhile to take all possible care that the Records
of the said Office be well and faithfully kept, and in
order thereunto, that not only the Secretary or Register
himself, but his clerks also be under oath for the due
execution of their trust, and that they give sufficient
security for their faithful performance. Whereas our
Council of Virginia has formerly made complaints that
the Lord Baltimore hath insisted on a pretended right
to the whole river of Potomack, which did very much
discourage the merchants and masters of ships trading
to that Colony, you are to assert our rights in those
parts, and to take care that the trade of our subjects
be not disturbed by the said pretences or any other
whatsoever. … All writs are to be issued in the
Queen's name. … You are not to declare war without
H.M. commands, except it be against Indians upon
emergencies, wherein the consent of our Council shall
be had and speedy notice given to us etc. Counter
signed, C. Hedges. April 30, 1705. St. James's.
69 pp. [C.O. 5, 1340. No. 10; and 5, 1361. pp.
118–195.] |
| April 20. |
1052. Instructions to Governor Nott in pursuance of the
Acts of Trade and Navigation. [C.O. 5, 1361. pp. 368–403.] |
April 20.
Fleet Prison. |
1053. J. Clifford to the Council of Trade and Plantations.
Encloses copies of papers relating to the illegal arrests which
the Dutch have caused to be made on my Plantation and all my
moneys and effects I have in Holland and Surinam, for your
Lordships to insert in your report to H.M. etc. Signed, Jer.
Clifford. Endorsed, Recd. April 21, Read May 2, 1705. 1 p.
Enclosed, |
|
1053. i. Letters and Memoranda, June, 1703. ff. relating to
Mr. Clifford's Plantations in Surinam and the behaviour
of the Dutch, as above. 16 pp. Dutch and English.
16 pp. [C.O. 388, 75. Nos. 120, 120. i.–iii.; and (without
enclosures) 389, 36. p. 264.] |
April 20.
Whitehall. |
1054. Council of Trade and Plantations to Governor Seymour.
Since our letter of Aug. 24 last. we have not received any from
you, but we have understood that a packet from you hath been
cast away, and therefore we desire that on all future occasions
you wou'd send us duplicates of all you write us. Enclose a
letter from H.M. by which you are directed to transmit constant
accounts in relation to the public stores therein mentioned.
We likewise send you copies of 2 Acts past here the last Sessions of
Parliament, for prohibiting all trade and commerce with France,
and for preventing all traiterous correspondence with H.M.
enemies, which you are to publish in your Government, and
which will be a direction to you in all cases of that nature. We
do likewise inclose to you several printed Acts of Parliament,
for the incouraging the importation of naval stores into this
Kingdom, together with a letter from Mr. Secretary Hedges
in that behalf, hoping for a good effect from this new undertaking.
We have further to remind you of that clause in your Instructions
which requires you to send over a compleat collection of all the
laws in force in your Government. We desire you therefore to
dispatch the same with all convenient speed. [C.O. 5, 726.
pp. 308, 309.] |
April 20.
Whitehall. |
1055. Council of Trade and Plantations to the Queen.
Having received letters from the Lord Cornbury, your Majesty's
Governor of New Jersey, representing to us several particulars,
wherein your Majesty's service may require some alterations in
your Majesty's former Instructions to his Lordship, and having
heard the persons concerned in the Propriety of that country, we
herewith humbly present to your Majesty the draught of an
additional Instruction to the Lord Cornbury, which we humbly
conceive will very much conduce to the better settlement of that
Province. Annexed, |
|
1055. i. Additional Instructions to Governor Lord Cornbury.
St. James's, May 3, 1705. It having been represented
to us by you, our Governor, that several inconveniences
have arisen from the manner of choosing Representatives
according to your Instructions, It is our will and pleasure
and you are accordingly to make the same known in
the most publick manner, that the method of choosing
Representatives for ye future be: Two by the inhabitants,
householders of the city or town of Perth Amboy in
East New Jersey, and two by the freeholders of each
of the five Counties of the said division of East New
Jersey; two by the inhabitants, householders of the
city or town of Bridlington in West New Jersey, two
by the inhabitants, householders of the town of Salem
in the said division, and two by the freeholders of each
of the four Counties in the said division of West New
Jersey; which persons so to be chosen make up together
the number of 24 Representatives, as limited by our
former instructions. And it is our further will and
pleasure that no person shall be capable of being elected
a Representative by the freeholders of either Division,
as aforesaid, or afterwards of sitting in General
Assemblies, who shall not have 1,000 acres of land of
an estate of freehold in his own right, within the Division
for which he shall be chosen, or a personal estate in
money, goods, or chattels to the value of 500l. sterling;
and all inhabitants of our said Province, being so
qualify'd as aforesaid, are hereby declar'd capable of
being elected accordingly. And it is likewise our
pleasure that no freeholder shall be capable of voting
in the election of such Representative, who shall not
have 100 acres of land of an estate of freehold in his
own right within the County, for which he shall so vote,
or a personal estate in money, goods or chattels to the
value of 50l. sterling, and all freeholders in our said
Province, being so qualify'd as aforesaid, are hereby
declar'd capable of voting in the election of Representatives, which number of Representatives shall not
be enlarged or diminished, or the manner of electing
(hereby directed) altered there otherwise than by an
Act or Acts of the General Assembly, to be confirmed
by the approbation of us, our heirs and successors.
And whereas it may be inconvenient that the Governor
by the approbation of us, our herirs and successors.
And whereas it may be inconvenient that the Governor
and Lieut. Governor of our said Province of New Jersey
be both of them absent from thence at the same time,
it is our will and pleasure that as soon as the General
Assembly of our said Province shall have provided a
house for ye reception of you, our Governor, and our
Lieut. Governor; with a convenient room for the
Meeting of our Council, and settled convenient salaries,
which you are in our name to press them to do; that
either you or our Lieut. Governor do constantly reside
in our said Province, and that you be not both absent
at the same time. It is likewise our will and pleasure
that no fees be exacted or taken by any of the Officers
under you for the grants of lands made by the Agents of
the Proprietors: and the said Agents are to deliver over to
you in Council duplicates of all such grants to be registered
in our Council books. [C.O. 5, 994.A. pp. 190–195.] |
April 20.
Fort William in St. Johns. |
1056. Lt. Moody to Governor Dudley. Announces "the
miserable destruction and devastation the French forces have
made in H.M. territories in Newfoundland under M. Subercasse,
Governour of Placentia, who on Jan. 21, after takeing into his
possession all our Southermost parts and did alsoe secure about
three o'clock in the morning the Harbour of St. John's, and
about five the same morning did lay formall siege to the Fort,
which I have the honour to command with about 40 soldiers.
His forces consisted of about 600 French Canadians and savages
with about 30 Commission officers, who after 5 weeks' siege,
altho our Garrison was in a miserable and weak condition, was
forced to withdraw his forces and march back with part of them
for Placentia, but by God's Blessing and the undaunted courage
and bravery of my men,—by the nerest computation with the
loss of 200 men, besides severall principall officers of note. The
Canadians and Indians upon their departure from this Harbour
steer'd their course to the northermost parts as far as Bonavista,
makeing the like destruction and devastation as they went,
sculping and murdering a great number of our inhabitants.
Where they now continue, in expectation to meat with our
Northern Furriors. So that indeed this Land, except H.M.
Garrison here, is totally destroyed, they having burnt all stages,
storehouses and effects, besides carrying most of the youthfull
strength of this Harbour to Placentia. By continual duty in the
sevearest of weather and the continual attacks day and night
of the enemie, I have not 40 men to maintaine this Garrison,
which Mounsieur Subercasse threatens with fire and sword, as soon
as men of warr arrive from France, which he dayly expects,
he being cruelly inraged against me for the loss of so great a
number of his men. But noe threats of his shall alter my fixt
resolution of maintaining H.M. honour and interrest in these
parts to the last drop of blood against all her Enemies whatsoever. And now beg leave to represent what fatall consequences
might ensew, if Mounsieur Subercasse, as I am fully perswaded
he will, attackt us againe this year, which may prove fatall to
this Garrison, he now knowing its strength, unless timely assisted
with new forces, which I doe not expect from England till the
latter end of October next, or Nov. I represent our sad and
dangerous condition to consideration of your Excellency and
Councill, and if you think fitt to afford us some assistance, it
will ad noe small encouragement to us all—the Inhabitants of this
place for the generallity being not worth my mentioning to your
Excellency." Prays that he will send news to England by all
opportunitys from New England, etc. Signed, J. Moody.
Subscribed, This letter came to my hands, May 9, which I thought
proper to cover to yourself (? Mr. Blathwayt). Signed, J. Dudley.
The whole endorsed, Recd. from Mr. Blathwayt, Read July 24,
1705. 4 pp. [C.O. 194, 3. No. 54.] |
April 20.
Whitehall. |
1057. Council of Trade and Plantations to Governor Lord
Cornbury. We are now to answer your letters of Jan. 14, 170¾,
and Nov. 4 last, relating to your Government of New Jersey.
We have considered what your Lordship writes about the method
of chusing Assembly-men; and have laid before H.M. the
draught of an additional Instruction for altering the same, which
we hope will tend more to the ease and advantage of the Province.
We agree with your Lordship that the Bill to settle and confirm
the estates of the Proprietors, as you have transmitted it to us,
was unfit to be past; your Lordship will do well therefore upon
all occasions to examine carefully all the Bills that shall be
presented unto you to be passed into Acts. We observe what
your Lordship writes about the Proceedings of the Assembly,
in relation to the settling of a Revenue; whereupon we must
advise your Lordship to move the next Assembly, that they
settle the Revenue for 21 years, and in case they will not come
up to that term, your Lordship do not accept it for less than
11 years: We think that 1,500l. for the first year, and 1,000l.
per annum for the succeeding years may be sufficient, if disposed
of as follows: vizt., 400l. per annum for your salary and travelling
charges, 200l. per annum for the salary of ye Lieut. Governor, and
for his travelling charges, and the residue for the contingent
charges of the Government. And you are to recommend to the
Assembly that in the taxes to be raised, there be a due proportion
in the assessments that shall be laid, as well upon those lands,
according to their value, as upon personal estates. We think
your Lordship will do well to leave the determination about
elections of Representatives to that House, and not to intermeddle therein, otherwise than by issuing of writs for any new
election. And in all other matters your Lordship is to take
especial care, that in the administration of the Government, all
things be carry'd on in the most equitable and satisfactory manner
to the inhabitants of that Province, with regard to their separate
interests. And as your Lordship does take notice to us, that
some Members are chosen into the Assembly, that are uncapable
of serving H.M. and their country; against which provision is
now made by H.M. Instruction by the enlarging of the necessary
qualifications; so we hope your Lordship will take care on
your part, that no other persons be chosen Justices of the peace
or other Officers, but such as may be of a competent estate and
capacity for that service. [C.O. 5, 994.A. pp. 197–200.] |
April 20.
Whitehall. |
1058. Circular letter from the Council of Trade and Plantations
to Governors, enclosing H.M. renewal of Commissions for trying
pirates in the Plantations, pursuant to the Act for the more
effectual suppression of piracy, 11 and 12 William III. You
are to give us a constant account of your proceedings in this affair.
[C.O. 324, 9. pp. 103, 104.] |
April 20.
Whitehall. |
1059. Council of Trade and Plantations to the Queen. We
humbly lay before your Majesty new seals for the Plantations
(except Jamaica, which is not yet finished), with draughts of
warrants for your Majesty's signature, directing that they be
made use of. [C.O. 324, 9. pp. 104, 105.] |
