America and West Indies
April 1705, 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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480-503

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'America and West Indies: April 1705, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 480-503. URL: http://www.british-history.ac.uk/report.aspx?compid=73684 Date accessed: 23 April 2014. Add to my bookshelf


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April 1705, 11-20

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.]