America and West Indies
July 1705, 21-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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584-600

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'America and West Indies: July 1705, 21-31', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 584-600. URL: http://www.british-history.ac.uk/report.aspx?compid=73691 Date accessed: 15 September 2014.


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Contents

July 1705, 21-31

July 21.
Exon.
1269. Merchants of Exeter to the Council of Trade and Plantations. In reply to July 7. Approve memorial of the London Merchants concerning Newfoundland. The building of forts must be a work of time. The French might easily be driven out of Newfoundland, their nursery for seamen; their attack last winter shews us the way. It is of the greatest consideration that the officers in garrison be debarred from trade, etc. Signed, Gill. Yarde, Mayor. Endorsed, Recd. Read July 24, 1705. Addressed. 1½ pp. [C.O. 194, 3. No. 80; and 195, 4. p. 53.]
July 21.
Admiralty Office.
1270. Mr. Burchett to W. Popple, jr. H.R.H. is informed that R. Sampson [see July 17 etc.] is servant to Mr. Campbell and endeavouring to run away from his service. This is the reason of the Captain's Orders being contradicted. Signed, J. Burchett. Endorsed, Recd. Read July 24, 1705. 1 p. [C.O. 194, 3. No. 82; and 195, 4. p. 54.]
July 22.
Windsor.
1271. The Queen to Governor Sir B. Granville. As No. 1268. q.v. Countersigned, C. Hedges. [C.O. 324, 30. p. 37.]
July 23.
Whitehall.
1272. W. Popple, jr., to Sir Robert Cotton and Sir Thomas Frankland. The Council of Trade and Plantations send you an Act for erecting and establishing a Post Office, past in Pennsylvania, and desire to know whether you have any objection why it may not be approved. [C.O. 5, 1291. p. 192.]
[July 25.]1273. Merchants of Weymouth and Melcomb Regis. Approve Memorial of London merchants concerning Newfoundland. Also propose that a serjeant and a file of soldiers be placed in each harbour to induce the planters there to exercise their arms. Endorsed, Recd. July 30, 1705. 1 p. Annexed,
1273. i. Wm. Harding to Samuel Eyre. Weymouth, July 25. Requests him to present above to the Board. Signed, Wm. Harding, Mayor. 1 p. [C.O. 194, 3. Nos. 83, 83.i.; and (abstract only) 195, 4. pp. 56, 57.]
July 25.
Boston.
1274. Governor Dudley to the Council of Trade and Plantations. I hope my last letters by Capt. Morris, H.M.S. Advice, are well arrived. I have no opportunity but this of a small vessell coming North about [i.e., round Scotland.—Ed.], in which I am willing to adventure this only letter, humbly to acknowledge H.M. gracious letters of Jan. 25 and Feb. 22, together with your Lordships' letters of April 12, 8, and 20, etc., with the letters from Sir C. Hedges of April 20, and the Act of Parliament for naval stores and the two Acts of Parliament prohibiting trade and correspondence etc., together with Mr. Taylor's petition. The first of H.M. letters referring to the rebuilding of Pemaquid, and the establishment of salaries, I have communicated to the Councill, and the Assembly being to meet Sept. 5, I shall obey H.M. commands in using all possible methods to prevail with them to be sensible of their duty and obedience to H.M. commands therein. In obedience to H.M. other letter, I have now inclosed the accounts of the stores in Piscataqua, and the present condition of all things there under the hand of the Treasurer, and Commissary General, as also the present state of the fortifications and stores of the Massachusetts Province, and what is wanting. And I pray your Lordships' favour for me in this matter. I have not neglected my duty, but very soon after my arrivall here by way of Virginia sent the then present state of every thing, and once since under Coll. Romer's hand, and the third and last time now by Carey, who unhappily lost all. The two first of these I believe arrived, or at least one of them, and I hope is in the Office. I humbly ask your Lordships' pardon, I have had but two opportunities seasonably by H.M. ships for my letters since I came hither, and when my letters are lost, I must obtain pardon for the time, till I have an opportunity to repeat them. I have also humbly laid these papers before his Grace the Duke of Marlborough, and hope they will be to his Lordship's satisfaction. I most humbly thank your Lordships' care and favour in relation to the great gunns H.M. has graciously bestowed upon this Province, and upon their arrival shall direct the Assembly at their first sitting humbly to address H.M. thereupon. I am very sorry Mr. Carey should know his duty no better than to neglect to wait upon your Lordships with what papers he had, especially the printed triall. My Lords, I should not have directed the printing of them here, but to satisfy and save the clamour of a rude people, who were greatly surprised that any body should be put to death that brought in gold into the Province, and did at the time speak rudely of the proceeding against them, and assisted to hide and cover those ill persons, but when it was so printed here, I intended nothing more than humbly to lay them before your Lordships, and Carey's neglect to offer them, or to reprint them, was perfectly his own fault, of which I am truly ashamed. I have urged Col. Romer to furnish me with plans of the fortifications, which were lost in Carey. He acquaints me that besides those that were lost in Carey, he did two years before that cover them to your Lordships, and saies he is well assured they are in your Lordships' Office; howsoever, he is coming home and will waite on your Lordships with them, having now sent the present state of them severally what they have and what they want. Since the arrivall of Capt. Redknap, I have had some difficulty with Col. Romer, who being superceeded by Capt. Redknap's Commission, perhaps sooner than he expected, has been uneasy, that I would not since Redknap's arrival direct my warrants to him for the remaining works at Piscataqua. I am very sensible of H.M. favour in allowing an Engineer's attendance in these Governments at a great expence, but I dare not presume to imploy two, as I have told him, but what they could agree upon, I would say nothing against, but have strictly given my orders to Redknap as being the standing Officer. Col. Romer is a skilful officer, and served very well here, but his temper is harsh and superiour, and very disagreable to the people, that it has been a difficult Province to keep matters quiet, passing through his hands, with other Commissioners, which is perfectly altered in Mr. Redknap's temper, and is thereby made very easy. In Capt. Carey was an account of every penyweight of silver or gold taken from the pirates or their imployer, with their names severally, and in my other letters since the grosse sums, but I have now again as your Lordships commanded, sent an exact particular of that treasure with a copy of the charges thereupon, which is as thriftily set down as the officers concerned can do it. I have only to offer to your Lordships that I may be allowed the 5 per cent., which is taken in all places, for my service therein as Judge. The recovery of the money out of the many hands where it was scattered was a great drudgery, and hard to steady the people in their obedience, and if H.M. shall be pleased to bestow any part thereof upon me and the Lieut. Governor, it will justify my proceedings against those ill men, and assist my support in the Government. Five daies since I sent to the Secretary of New Hampshire H.M. confirmation of the Act for obliging the inhabitants to do military duty, and the same is published and entered accordingly. In answer to Mr. Taylor's petition, referring to his paying powder money for the mast' ship, which duty is exacted from none but such as come for masts, I have a very good opinion of Mr. Taylor's service to H.M., and have been very carefull to secure and cover his axmen, teams and places where the masts are lodged, and if your Lordships see meet to have the powder duty abated to his ships I shall submit, but the matter is a very great mistake. I inclose copies of the two Acts for the powder duty, which both provide for all shipping to pay those duties, except only where the owners dwell in that Province, and I humbly offer that that duty is rigorously taken of every ship, and without it the Province would be undone for want of powder, being no waies able to supply themselves. However, in both voyages upon the application of Mr. Taylor's Master of the mast ship, I abated one third of the duty, considering the excessive price of powder at present made it a heavy duty. I have ordered the publication of the three Acts of Parliament referring to naval stores etc. to be done to-morrow, attended with the Sheriffs and Justices, and shall take care to put them forward in the Assembly, that these Provinces may be serviceable in the supply of naval stores. The Articles against Connecticott and Road Island I have had in my hands but a week, and this conveyance is but uncertain and ready to depart, that I cannot possible proceed to the obtaining proofs to those Articles without a longer time, but shall be diligent therein, and they may proceed from hence by the first opportunity after two or three months. However, the last conveyance I sent the copies of the Articles to the two Governours of those Colonies, and acquainted them they came to me under cover from your Lordships, the letters commanding me to see that they were safely presented to them, only I observed they were not signed by any Secretary or Clerk, as is usual, whether it be a mistake I cannot tell, but I did not observe it to those Governours, but laboured to supply it by certifying as above. The next day after the receipt of the Commission for the tryal of pirates, I publish'd it in the proper Court, and it is of record in the Offices, and I then discharged the remaining pirates, and they are very sensible of H.M. grace and favour to them, and I shall proceed at all times by the said Commission as I ought. I have suffered no losse by the enemy these last ten months, notwithstanding the French and Indians shew themselves in small parties everywhere upon the frontiers, to see if we keep good guards, and like thieves, now and then, to steal a few cattle or horses, which keeps me alwaies upon an alarm, and ten large villages in close guard and garrison upon the length of the frontiers, from Deerfield to Wells. Sometime in the winter I sent a messenger upon snow shoes to Quebeck, his errand was to procure an exchange of prisoners, but more to observe their posture, which is very indigent and necessitous, no money nor subsistence nor cloaths for the garrison of Quebeck or Mont Reall, which were happily taken upon the coast of England last year, and Capt. Stukely acquaints me that the Quebeck storeship is again taken some months since. If it should be so, that countrey will be brought to the last distress, and might easily be reduced with the assistance of ships of war from H.M., and men of this Province. I am now for the summer quarter reduced to 650 men, 3/7 of which ought in proportion to be born by Connecticott and Road Island, but from Road Island I am worse since H.M. commands than before. I had from thence once for three months 50 volunteers in my Port Royall expedition about 18 months since, but since H.M. letter commanding their assistance, I have had not one man, nor penny but a letter offering to give H.M. command of this Province to Commissioners, and I know not what, to consult and order. I have enclosed the letter and answer that your Lordships may see the temper of that people, as also a copy of an Act of the Assembly in defiance of the powers of Vice-Admiralty, agreeable to their first Resolution, to lose all together. From Connecticott I have a running assistance into West Hampshire, which is their Frontier, but with this disadvantage, that they will not come without I give them all their subsistence, not will let me know how long they will stay, nor be under any command but their own, but for the Eastern war, where the seat of the enemy is, in the Province of Maine, I have had not one file of Englishmen since the war began, but from Uncas and his tribe I had for some months a service of 100 men, whom I armed and subsisted every day of their service, and trusted them with cloaths upon the hope that Connecticott would pay it out of their wages, but could never obtain anything. The last Session of the Assembly in May the Assembly chose Mr. Thomas Oakes, whom I had formerly refused to be of the Councill, Speaker of the House of Representatives, and sent up to acquaint me of that Election. I gave them notice that I did not accept of him for a Speaker, and in right of H.M. prerogative and the direction of the Charter I had power so to do, to give the negative to all elections in the Assembly, as is plain, if your Lordships please to peruse that clause, wherein the choice of Councellors and all elections is in H.M. power to refuse, and has been done by me referring to Councellors severall times without dispute; however, the Councill, upon the debate, every man except one delivered their opinion that I had not the power by the Charter to refuse the Speaker, whereupon to save the Session, who were to raise 22,000l. by order of the Assembly last sitting, I allowed him for fear of the loss of the tax, saving to H.M. her prerogative, the papers are inclosed. I had good reason to refuse the said Speaker, who is a known Comon-Wealth's man, never quiet, nor satisfied with the Government, but particularly so very poor, that some time since he begg'd off his tax to the Government upon the head of poverty, and had it granted to him. I humbly pray your Lordships' advice and direction upon the matter, after which I shall strictly govern myself, as I shall do in the establishment of the Castle, when I may have your Lordships' answer. In obedience to H.M. commands referring to Coll. Allin's estate in New Hampshire, I repaired thither in May last. I neglected no opportunity nor means to serve Coll. Allen, and shall do the same for the son, when I shall see him here. I enclose a copy of the Assemblies offer, and have given Mr. Blathwaite [May 9] my estimate of it, not being willing to trouble your Lordships with the particulars thereof. I formerly acquainted your Lordships that notwithstanding H.M. strict commands to the Governor of Road Island not to intermeddle with the businesse of the Admiralty, Mr. Cranston had given Commission to one Halsey in the Charles galley, who lately arrived at Road Island with a Spanish prize, and while Col. Byfeild the Judge was considering and advising with the Judge of the Admiralty of New York and with me, the Assembly of that Province made an Act and Declaration of their power to give Commissions for the seas, expressly contrary to H.M. aforesaid letter, and were resolved to proceed to condemn the said ship, without the Judge. And herein I am doubtfull they were encouraged by Mr. John Coleman, who is H.R.H. Agent for the tenths. I inclose a copy of his letter, wherein are these words, that Col. Byfeild, I find, is gone to Boston, if he doth not return speedily, I hope I shall have her condemned before he returns. Mr. Coleman is a merchant in good business here, and I hope is very carefull of the Prince's rights, but for himself and his brother, Col. Hobby, he has the greatest interest in that galley, and obtained the Commission from Cranston, and after when he saw that the Judge would not proceed upon that Commission he signed the petition to myself inclosed, confessing Cranston had no power so to do. And in another case, of a prize taken by Capt. Morrisse, he bought that to his own use. I am humbly of opinion that it is not the Prince's interest or benefit to have any Officers here in the Government, or receipt of his rights, owners or purchasers of prizes, lest the value be thereby lowered, upon the same reason as the Commissioners of the Customes will not allow their Collectors or Receivers to trade for any thing, lest they be tempted to a fraud; and it is certainly very easy for a gentleman in the figure of a Receiver to H.R.H. to influence the appraisement, and as easily moved to it when he is the purchaser. I thought it my duty to lay the matter humbly before your Lordships, though I have nothing personally to charge Mr. Coleman with of any neglect, but when he saies in his letter the Prince's interest was bleeding, there was no danger of the Prince's tenths but of Mr. Coleman's own halfe or thereabouts, which was also brought to passe by taking a Commission, without power, when if they had stayed for H.M. Instructions for the new regulation of privateers, they might have had it of me, as I told them at that time, and everybody else, had the manners to stay till that Instruction came. I have examined the Post-office in Boston, referring to my Lord Cornbury's letters, and the Master here has thereupon written to the Post-master at York, and they both affirm to me, they never had charge of any letters to my Lord Cornbury, that were not carefully delivered, and if at the time of any failure of that sort, my Lord had been pleased to have written to me thereupon, it might have been easily discovered, but I never heard of it, but in your Lordships' letter, and the officers pretend ignorance, and that at York, which reaches halfe way between us, and who alwaies delivers the letters there, is first chargeable. I am of opinion humbly that that office is not well in the assignes of Mr. Neale, but should be disposed imediately by H.M., and put under the care of H.M. Governour or other substitutes, and all things in it would be well. I am taking care to obey your Lordships' commands referring to the annuall births in this Province, and have commanded the Sheriffes of every County to require the Clerks of every town and precinct to give them the number of males and females distinctly that have been born the last year, which will be obtained with some difficulty, the officers in towns being lesse capable. I have pursued the affair of the weight of money in obedience to H.M. most gracious commands, and that matter is thus. Seven years since there was a law of this Province, allowed of by the late King, that all pieces of eight of 17 dwt. should pass for 6s., and pretty well observed, so that I thought I had little to do, only in obedience to H.M. Proclamation to adde the ½d., and accordingly at the next imediate Session, the General Assembly agreed to the publication of H.M. Orders, and their own affirmance of it in this Province, unto the next General Assembly which sate in May last, where I expected and accordingly directed in my Speech, whereof a copy is inclosed, that they would proceed to inforce H.M. commands by adding just and severe penalties to any hereafter offering clipt money, or other light money by tale, but could not obtain so much as a Committee upon that affair, till I would leave out the word penalties, whereby I perceived plainly the Representatives' minds were altered, which they soon further declared in sending up their vote to pay the tax of 22,000l., in silver at 8s. the oz., which is scarce 15 dwt. for 6s., and this they insisted upon for five weeks sitting, but I would not accept it so, and refused their votes peremptorily, and have gotten the tax upon the old usage of 17 dwt., but nothing at all done to inforce the Proclamation, nor any penalty, and thereby the countrey will be imboldened to use their late way of payment at 15 dwt., though I shall take care that the Courts and officers of receipt keep steady and allow of no legall payment but of due weight. I expected from Capt. Hincks (who I found at my arrivall Captain of the Fort at New-Castle in Piscataqua River, as well as first of the Councill and Chief Judge of the Superiour Court) an account of the past expence of powder etc., but he is gone lately to Barbadoes, without giving me any notice of his departure, contrary to the duty of his station in H.M. service. I humbly offer Mr. Richard Waldron, Lt. Col. Winthrop Hilton and Major John Smith to be admitted of H.M. Councill, if it shall please H.M. They are persons of loyalty and estate. Signed, J. Dudley. Endorsed, Recd. Oct. 31, Read Dec. 18, 1705. 12 pp. Enclosed,
1274. i. Account of the guns, placed and wanting, in the Forts of New England. Boston, April 29, 1704. Signed, Wolfgang W. Romer. Endorsed, Recd. Oct. 31, 1705. 1 large p.
1274. ii. Account of stores in H.M. Castle on Castle Island. July 28, 1705. Same endorsement. 1 p.
1274. iii. Account of small arms and gunpowder in the Massachusetts Bay. July 30, 1705. 496 arms. 26 barrels, 40 ordered in June last. Same endorsement. ¾ p.
1274. iv. Account of gold and silver piratically taken by Quelch etc, and now lodged in the hands of the Treasurer. 879 odd oz. of gold. 90 oz. silver. Signed, Isa. Addington, Paul Dudley, Jeremiah Allen pro James Taylor, Treasurer, Commissioners. Same endorsement. 3 pp.
1274. v. Account of payments (366l. 12s. 4d.), to defray charges, made out of preceding stock. Due 49l. Signed, Isa. Addington. Same endorsement. 3 pp.
1274. vi. Speech by Governor Dudley to the Assembly, May 30, 1705. See Letter above, and Minutes of Council and Assembly. Same endorsement. 1½ pp.
1274. vii. Minutes of Council in Assembly of the Massachusetts Bay, June 1 and 7, 1705. Same endorsement. 1 p.
1274. viii. Governor Dudley's Proclamation. Boston, March 3, 1704(5). No money shall pass by tale but what is of due weight according to H.M. proclamation and the laws of this Province. All light money shall pass by the ounce Troy pro rato until the end of the Session of this Court in May next, when further consideration shall be had thereof, etc. Signed, J. Dudley. By order of the Governor, Council and Assembly. Same endorsement. Printed. 1 p.
1274. ix. Minutes of Council and Assembly of the Massachusetts Bay. May 30, 31, 1705. Same endorsement. 3 pp.
1274. x. Proclamation by Governor Dudley, Boston, July 3, 1704, for opening the trade with Spain in America. Signed, J. Dudley. Printed. Same endorsement. 1 p.
1274. xi. Governor and Assembly of Rhode Island and Providence Plantations, to Governor Dudley. Newport, Dec. 28, 1704. Acknowledge H.M. letter of March 30 and the request of the Governor and Assembly of the Massachusetts Bay for assistance against the French and Indians. As to H.M. commands for assisting your frontiers, we have not been anyways remiss, but on all occasions ye summer past we have to ye best of our power been ready to give all assistance, (we judging ourselves to be bound as H.M. subjects to give our assistance to all four neighbouring Colonies) neither shall we be wanting for ye future, altho' we cannot give that account as we expected, for ye season of ye year being so violent yt great part of ye Representatives from ye mainland could not be present, neither altogether ye number of ye listed souldiers produced, and for ye further care thereof ye Assembly is adjourned until Feb. 14. It is not unknown yt. we also are a frontier on ye sea, and have allways a number of men in actuall service and pay, and if by ye next sitting of our Assembly we knew but ye number of ye listed souldiers, we doubt not but our Assembly will readily order a full number and proportion on all actual service. Signed, By Order, West. Clark, secry. Same endorsement. 1 p.
1274. xii. Governor Cranston to Governor Dudley. Newport, Feb. 28, 1704/5. I have once more laid H.M. letter as well as your Excellency's (relating ye assistance of men etc.) before ye General Assembly sitting ye 14th currant, who have ordered ye raising of one company of men to ye number of 48 to be allways ready for ye Colony's service, and, if occasion require, for ye assistance of our neighbouring Colonies. The Assembly have appointed Major John Dexter, Major Nathl. Coddington, and Capt. Joseph Sheffield, or any two of them, Commissioners to treat with the like number of Commissioners that may be appointed by your Excellency, for settling how the respective forces sent to ye assistance of each Government shall be supported, supplyed and disposed of. The Assembly desire you to appoint such Commissioners with full powers to settle these and other points etc. Signed, Samll. Cranston. Copy. 1 p.
1274. xiii. Governor Dudley's answer to preceding. March 8, 1704/5. I am very unhappy to find H.M. commands and my own endeavours to end in a projection of Commissions for I cannot tell what. I am here H.M. Capt. Genll. and I doe neither incline nor dare to give away H.M. authority etc. I know no such officers nor figure of men as you intimate, to tell me what to do. If I may expect any number of men, I pray to be so told, and I intend at present to keep them as a scout from Marlborough to Oxford, which will cover all ye side of ye country. I am setting all ye frontier into a posture for ye summer, and pray your answer. Signed, J. Dudley. Endorsed, Recd. Oct. 31, 1705. Copy. 1 p.
1274. xiv. Memorandum of No. 1275.
1274. xv. Petition of Col. Paige and others, owners of the briganteen Charles, Capt. John Halsey, to Governor Dudley. Boston, June 23, 1705. The above privateer, commissioned by the Governor of Rhode Island, took a Spanish prize and brought her in there. Petitioners now understand by the Judge of the High Court of Admiralty in these parts that the said Governor had no power to grant such a commission, the Vice-Admiralty being wholly vested in your Excellency. Pray for the benefit of their prize, nevertheless, and a new Commission. Signed, Nicho. Paige, for himself and John Coleman, Benj. Gallop, John Walker [? Wocker]. Same endorsement. 1¾ pp.
1274. xvi. John Colman to [? Governor Dudley] Newport, June 17, 1705. The Judge of the Admiralty defers giving sentence against the Charles prize, for want of 5 p.c. or 200l., wch. tho' I think unreasonable yet have advised the Capt. to give it, provided he will give bond to repay wt. it appears to be more than ye stated fees in England. Col. Byfield is gone to Boston, if he doth not return speedily, I hope shall have her condemned before he return., …The Lord High Admiral's interest lyes bleeding here for want of doing his duty etc. Signed, John Colman. Same endorsement. Copy. 1 p.
1274. xvii. List of ships paying powder-duty at New Hampshire, Aug. 1699—Oct. 1703. Total, 53. Signed, Sampson Sheafe, Depty. Collector. Newcastle, Custom house, Oct. 5, 1703. Same endorsement. Copy. 1 p.
1274. xviii. Minutes of Council and Assembly of New Hampshire, Dec. 1703 and March 20, 1704. See C.S.P. 1703, No. 1365. Capt. Eason excused part of the powder duty. Same endorsement. 2½ pp.
1274. xix. Copy of the offer of the inhabitants and terre-tenants of New Hampshire to Samuel Allen. Portsmouth, May 3, 1705. Analysed by Governor Dudley in his letter of May 9 q.v. Signed, by the Representatives and Commissioners:—John Pickerin, Samuel Keas, Samuel Levitt, Samuel Thing, Thomas Robie, Nathl. Hill, Willm. Cotton, Willm. Wallis, William Furbur, William Stacy, Gershom Elkins, Samll. Shaw, William Partridge, Richard Waldron, Tho. Phipps, Jno. Tuttle, Kinsley Hall, Theophilus Dudley, John Stanyan, Theodore Atkinson, Samuel Dow, John Brackit, Thomas Philbrick, Jona. Saxburn. Same endorsement. 3 pp.
1274. xx. Account of stores in H.M. Fort William and Mary, Newcastle, July 27, 1705. 18 barrels of powder etc. Signed, Saml. Penhallow, Sha. Walton, Capt. Same endorsement. ¾ p.
1274. xxi. Copy of two Acts of New Hampshire, 1702, 1705, relating to the powder duty. Same endorsement. 2 pp. [C.O. 5, 863. Nos. 140, 140.i–xxi; and (without enclosures) 5, 912. pp. 32–55.]
July 25.1275. Copy of Declaration of Assembly of Rhode Island, Newport, June 19, 1705, upon the case of Capt. Halsey, that their Governors "have had, and still have power and authority to grant commissions to privateers, provided they take bond, and do all other things as the Law directs." Subscribed, This I received from Col. Byfield. Signed, J. Dudley. Endorsed, Recd. Oct. 31, Read Dec. 18, 1705. 1¼ pp. [C.O. 5, 1263. No. 55.]
July 25.
Boston.
1276. Governor Dudley to [? Sir C. Hedges.] Repeats part of preceding letter. Refers to Col. Byfield's letters [see preceding and July 10 and 19]. Continues:—The Privateers and others bringing in prizes to these Ports complain that the fees of the Court of Admiralty are not set and determined, for which I have no authority, but humbly refer myself to your[s] Honour's direction. For all the other Plantations of Jamaica, Barbadoes, Virginia etc., somewhere between 10 and 13 p.c. hath been alwaies taken for the Judge, Register, Marshall, Advocate, Proctor, etc. I have not allowed this Court to go beyond 5 p.c. for all these officers, which yet doth not please, but the Government of York have lately given their Judge and other officers a good salary and taken away all fees, to invite all Captors of Prizes into their Ports, which this Province will not be brought to, for their Governour, nor any officer whatsoever, notwithstanding H.M. strict commands therein. If your Honour would please to direct or intimate to me, what fees should be taken, every officer of that Court, who indeed are the best men I have in H.M. service here, will absolutely obey your Honour's direction. The condemnation often demands a great travell of 100 miles for the Judge and officers, and the 5 p.c. is little more than ⅓d of what is taken elsewhere, but the People here are seldom satisfied in anything in the Government, especially where H.M. officers of Her own appointment sit. I have in obedience to H.M. command discharged the remaining Pirates; I hope they will be serviceable on board the Deptford, I have also covered an account to the Board of their treasure etc. (Nos. iv, v. supra.) I have humbly set down 5 p.c. for my drudgery in that affair etc. I pray that I may be remembered in the division to assist my support in the Government, having yet no establishment of any salary. I pray your Honor's favour to mee in the service of these Provinces, who are so very hardly kept steady to H.M. service and obedience to their duty in the Acts of Trade and what els do's not concern their own immediate benefit. Signed, J. Dudley. Endorsed, R. Dec. 1. 4 pp. [C.O. 5, 751. Nos. 71; and (duplicate) 72.]
July 25.
Virginia Kiquotan.
1277. Governor Nicholson to the Council of Trade and Plantations. This is designed God willing by Honble Col. Robert Quary with whom I presume to send your Lordships the box wherein are the severall Journalls. Refers to letters sent by the Eagle gally. I should have endeavoured to have given a full account of affairs by this opportunity: but on 22nd instant came to me the Master of a small vessell, who gave me an account that he left our Fleet about six weeks before, going into Fyal, and that on board H.M.S. Kingston was a Lieut. Governor for this country, by which I suppose H.M. hath been pleased to order me for England: so I intend God willing to embark on board one of the men of war that are coming in (for I hear they are not to stay here above 30 days) and when please God I come to London I shall do myself the honour of paying my duty to your Lordships, and shall then endeavour to give your Lordships a just and full account etc., and bring duplicates of what is wanting. Transmits copys of Mr. Beverly's letters, papers etc. for I find they are not in the Journal of the House of Burgesses, I can say a great deal on this subject, how prejudicial such things may be to H.M. interest and service, as likewise to the inhabitants here etc., but for the reasons aforesaid shall not now trouble your Lordships with them, and Col. Quary will I suppose say something to your Lordships concerning it on his own account etc. Encloses a Bill of Exchange for the Sollicitor of the Virginia affairs. I desire your Lordships will be pleased to dispose of it as you think proper, for I have not appointed any person. Last October I sign'd a warrant on Col. Byrd for paying the preceeding half year's sallary to Mr. Thraile, not knowing that he was dead; but how Mr. Auditor Byrd paid it I know not. Encloses accot. of the 2s. per hogshd. of this date, by which your Lordships may please to see the state of the Revenue. I would not presume to take my own sallary, but if your Lordships please, I think an order to Mr. Micajah Perry to transfer it to my account (he being my correspondent) may be sufficient etc. My successor will find a considerable Bank of H.M. money both of the Quittrents and 2s. per hogshd., besides above half of this year's crop left behind, and I hope in God to deliver up the Government in peace, tho' far from being in quietness etc. Signed, Fr. Nicholson. Endorsed, Recd. 8th, Read Oct. 12th. 1705. 2 pp. Enclosed,
1277. i. Assembly of Virginia to the Queen. Repeat profession of loyalty. "Our education hath been in the Church of England as by Law established, in the protection whereof your Majesty has upon all occasions shewn yourself an eminent instrument, and our hearts according to the principles of that Church (which is the best constituted in the world) have always been full of Loyalty to the Monarchicall Government of England, and that as much out of inclination as duty. We have never been guilty of endeavouring to make any encroachments upon your Majesty's rights and prerogatives; or to arrogate to ourselves any greater liberties and priviledges than your Majesty and your royal predecessors have been graciously pleased to allow us. Yet, nevertheless, to our great grief we are made sensible that Col. Robert Quary of Pennsylvania hath taken upon himself to make a very untrue Representation to the Council of Trade and Plantations, wherein, after many unjust reflections, he adds that "now or never is the onely time to maintaine the Queen's just prerogative and put a stop to these wrong, pernicious notions which are improving daily, not only in Virginia, but in H.M. other Governments, a Frown now from H.M. will do more than perhaps an army hereafter." Whereby as we concieve he falsely insinuates that nothing less than your Majesty's displeasure backed with an armed force will be sufficient to restrain us from disobedience to your Majesty's Government. It is possible that many other such misrepresentations may be made to our prejudice, but our poverty (as it happens to your Majesty's other poor subjects) makes us to have but few friends, so yt. it is difficult for us to come to the knowledge of them, and therefore it is impossible for us to vindicate ourselves from all those aspersions that may be cast upon us. We are very sensibly afflicted that it is not in our power to make more evident demonstrations of our Loyalty than by our words. But since we have allways shewed a firm adherence to the Crown of England, and a more than ordinary Zeal and affection for your most sacred Majesty's person and government, we humbly hope that your Majesty will be graciously pleased to believe the truth and sincerity of these our Professions. Further protestations of loyalty. Signed, Peter Beverly, Speaker, Wm. Randolph, Francis Eply, Wm. Harrison, Robt. Bolling, Nath. Harrison, Wm. Edwards, Edward Hill, Tho. Ballard, Ar. Smith, Tho. Giles, Danl. Sulivan, James Willson, Edwd. Moseley, Adam Thorowgood, Nicholas Curle, Wm. Armstead, Hen. Jenkyns, Miles Cary, Robert Hubbard, Tho. Barbar, George Marable, John Forster, Jno. Harrison jr., James Moss, John West, Thos. West, Wm. Bird, John Walker, James Ransone, W. Churchill, Richard Covington, James Boughan, Cha. Ashton, Henry Ashton, Rice Wood, Benja. Nottingham, Wm. Ball, John Turbervile, Wm. Robinson, Richd. Hayme, Richard Fassaker [? Fossaker], Tully Robinson, Ri. Drummond, Jacob Johnson, Drury Stitch. [May 10, 1705.] Endorsed, Recd. Oct. 8, 1705. 5½ pp.
1277. ii. Copies of Proclamations by Governor Nicholson. Duplicate of No. 921.ii, with addition of Proclamation proroguing the Assembly to Oct. 3. July 16, 1705. Endorsed as preceding. 11 pp.
1277. iii. Account of the Revenue of 2s. per hhd. April 25—July 20, 1705. (1,918l. 18s. 7d.), and of the salary due to Col. Nicholson. Same endorsement. 2 pp.
1277. iv. Copies of Robert Beverley's letters, including abstract of Col. Quary's Report, July 20, 1703, etc. sent to the Assembly of Virginia, with their proceedings thereon and Address to H.M. as No. 1277.i. April, May, 1705. Same endorsement. 22¼ pp.
1277. v. Account of Tythables in the several Counties of Virginia and the quantity of tobacco levied on them by the Assembly, April, 1705. Totals, 27,053. Tobacco, 196,147 (?lb). Endorsed, Recd. 8th, Read Oct. 12th, 1705. 1 p.
1277. vi. Abstract from the reports of the Committee of Public Claims, April, 1705. Endorsed, Recd. Oct. 8,1705. 1¼ pp.
1277. vii. Account of the payments ordered by the Assembly of Virginia, April, 1705. Endorsed as preceding. ½ p.
1277. viii. Copy of the Rent-rolls of all the lands held of H.M. in the several Counties of Virginia, 1704. Same endorsement. 62 large pp. double columns.
1277. ix. Account of H.M. Quit-Rents, 1704. (2s. per 100 acres.) Total, 1,841l. 1s. 6¾d. Same endorsement. 2 pp.
1277. x. List of patents for land signed May, 1705. 59 grants of from 50 to 4,900 acres each. Same endorsement. 2 pp.
1277. xi. Account of H.M. Revenue of 2s. per hhd. Oct. 25, 1704—April 25, 1705. Total, 303l. 19s. 10½d. Same endorsement. 2 pp.
1277. xii. Accounts of Col. Carter, late Treasurer, 1704. Passed the Council and Assembly, May, 1705. Same endorsement. 2 pp.
1277. xiii–xv. Accounts of Peter Beverly, Treasurer, of the impositions on liquors, servants, and slaves to May, 1705. Same endorsement. 6 pp.
1277. xvi. Proceedings of the Governor and Council of Virginia relating to H.M.S. Strombolo, and H.M.S. Hastings, and Oxford, and the fleet bound out under their convoy. April–July, 1705. Same endorsement. 15 pp.
1277. xvii. Copy of Reply of the Several Vestries in Virginia to Col. Nicholson's Orders with Sir E. Northey's Opinion concerning induction and maintenance of Ministers etc. Same endorsement. 36½ pp.
1277. xviii. Abstract of Naval Officers' Lists of ships' cargos cleared outward from Virginia, May, 1704—July 22, 1705. Endorsed, Recd. 8th, Read Oct. 12th, 1705. ¾ p. [C.O. 5, 1314. Nos. 63, 63.i–xviii.; and (without enclosures) 5, 1361. pp. 360–368; and (duplicates of Nos. v.–vii.) 5, 1340. Nos. 11–13.]
July 26.
Whitehall.
1278. W. Popple, jr., to Mr. Penn. Encloses following,
1278. i. Objections made by the Council of Trade and Plantations upon the Acts of Pennsylvania. (1) Act against menacing and assault and battery. The wording and penalty are too general. (2) Act against sedition. Instead of the words sedition and disaffection to this Government, ought to have been "against H.M. or this H.M. Government," for there cannot be any sedition but against H.M. (3) The Act of priviledges to a free man ordains that no freeman shall be tried etc. but by 12 equals or by the Laws of this Province, which interferes with the Act for preventing frauds etc. 7 and 8 Wm. III. (4) An Act for the names of days and months. Every man may call the days and months as he pleases; this Act is insignificant and not fit to be laid before H.M. (5) In the Act to regulate Elections, Advertizements for Elections are to be posted … upon the Court Houses and publick meeting houses: it ought to have been, Churches, Chapples and public meeting houses. (6) An Act directing the attests of officers etc. If the Government be surrendered to H.M., this Act ought not to be confirmed, because Judges etc. are hereby required to promise fidelity to the Proprietary. Besides, none of the officers mentioned are obliged to take an oath for the due execution of their places, but only to make an attestation, which we think not sufficient. The words Master of the Rolls are not used in any other of H.M. Plantations, and is peculiar to H.M. Officer in Chancery here. (7) An Act for the preservation of the person of the Proprietary and Governour, we think not proper to be laid belore H.M., the Proprietary and Governour having already the same protection by law as other H.M. subjects. (8) An Act against speaking in derogation of Courts is worded too generally and liable to arbitrary constructions. (9) An Act requiring all masters of ships to report at Newcastle, establishes that town as a Port, whereas the power of settling ports is by Act of Parliament vested in the Commissioners of Customs etc. Besides, if the Government be surrendered, this Act must not be confirmed, because part of the penalties herein are appropriated to the Proprietary. (10) An Act for the levying of fines cannot be confirmed for the same reason. (11) Act against scolding. The words if any person shall be clamorous with their tongue are too generall, and the penalty of standing gagged in some publick place or five dayes imprisonment at hard labour is too great. It is not said how long the persons shall stand gagged. (12) An Act to prevent the sale of ill-tanned leather and working the same into shoes and boots. It cannot be expected that encouragement should be given by Law to the making any manufacturys made in England in the Plantations, it being against the advantage of England. (13) An Act that no public house or inn within this Government be kept without licence. If the Government be surrendered, this cannot be confirmed, because the lycenses are to be granted by the Proprietary etc. (14) An Act against Pirates cannot be confirmed because a late Act of Parliament has provided for these cases and commissions issued by H.M. accordingly. (15) An Act for erecting a bridge over the creek at Chester. The first enacting clause begins "Be it enacted by the authority aforesaid," whereas there is only the Governor and Councill mentioned before. (16) The Law about tryalls by 12 men interferes with the Act for preventing frauds. (17) The Act against swine running at large cannot be confirmed if the Government be surrendered, because the forfeitures are to the Proprietary. (18) We observe besides the above particular objections upon all the Pennsylvania Acts in general, that in most of them it is said Counties or Territories annexed, whereas we know of none anex'd. H.M. reign or the year of her reign are not mentioned. (19) In all the Acts it is said, This Government, whereas it ought to have been This H.M. Government. The stile of enacting in all the Acts to be redressed. 5½ pp. [C.O. 5, 1291. pp. 193–202; and (enclosure only) 5, 1263. No. 29.]
July 27.
Whitehall.
1279. W. Popple, jr., to Mr. Attorney and Mr. Solicitor General The Council of Trade and Plantations desire your opinion in point of law upon the enclosed Act of Nevis, to settle the estate of Capt. Thomas Butler, etc. [C.O. 153, 9. p. 240.]
July 27.
Whitehall.
1280. W. Popple to Mr. Lewis. Encloses copy of Governor Dudley's letter with Lt. Moody's, April 20th, to be presented to Mr. Secretary Harley. [C.O. 195, 4. p. 55.]
July 27.
St. Christophers.
1281. Lt. Governor Johnson to the Council of Trade and Plantations. Repeats letter of July 4. Concludes: I assure your Lordships the Councill of this Island are all very good men and much for H.M. service and their own security for the erecting fortifications or repairing old ones. But I am more plagued with four or five ill Members in the Assembly than I am with all the rest of the Islands, who out of malice by reason I would not pass such laws as tend to the prejudice of H.M. Prerogative, have ungratefully turned the soldiers out of that poore and indifferent quarters that they formerly granted them into the open field, where both officers and soldiers are forced to build themselves hutts for their cover. A copy of their unreasonable Bill, as likewise the Minuitts of theire owne Assembly I shall send your Lordshipps per next, as alsoe the Laws of all the other Islands, with all other orders as your Lordships have commanded me to send with all due obedience. Signed, Jon. Johnson. 3 pp. [C.O. 152, 6. No. 28; and 153, 9. p. 277.]
July 28.
Whitehall.
1282. W. Popple, jr., to Governor Nott. H.M. having been pleased to issue her Royal Proclamation for a Thanksgiving for a Victory obtained by H.M. arms over the French in the Spanish Netherlands, encloses same that you may appoint a Day accordingly. Upon receipt of the new Seal [May 8] you are to cause the old Seal to be broken before you in Councill and transmitted to this Board so broken to be laid before H.M. in Councill as usual. [C.O. 5, 1361. pp. 358, 359.]
July 28.
Whitehall.
1283. William Popple to Governor Handasyd. Instructions for a Day of Thanksgiving as in preceding. [C.O. 138, 11. p. 400.]
July 28.
Whitehall.
1284. W. Popple, jr., to Lt. Governor Bennett. Similar Instructions for a Day of Thanksgiving. [C.O. 38, 6. pp. 126, 127.]
July 28.
Whitehall.
1285. W. Popple, jr., to Lt. Governor Johnson. Similar Instructions for a Day of Thanksgiving. [C.O. 153, 9. p. 241.]
July 28.
Whitehall.
1286. Similar Instructions for a Day of Thanksgiving to the Governor and Company of Rhode Island. [C.O. 5, 1291. pp. 202, 203.]
July 28.
Whitehall.
1287. Similar Instructions, mutatis mutandis, to Governor Sir B. Granville. [C.O. 29, 9. p. 357.]
July 28.
Whitehall.
1288. Similar Instructions, mutatis mutandis, for a Day of Thanksgiving and breaking the old seal etc., to Governor Lord Cornbury. [C.O. 5, 1120. pp. 336–338.]
July 28.
Whitehall.
1289. Similar Instructions to Governor Seymour. [C.O. 5, 726. p. 312.]
July 28.
Whitehall.
1290. W. Popple, jr., to Governor Dudley. Acknowledges letters of March 10 and 22 and May 8, and March 7. Answer will be returned by the next shipping. Communicates H.M. Proclamation for a thanksgiving in both his Governments as preceding, and instructions for breaking and transmitting seals. [C.O. 5, 911. pp. 471, 472.]
July 28.
Whitehall.
1291. W. Popple, jr., to Sir Edward Northey and Sir Simon Harecourt. Encloses Order in Council, July 20. [C.O. 29, 9. p. 356.]
July 28.
Bermuda.
1292. E. Jones to the Council of Trade and Plantations. I humbly acknowledge your Lordships' condescending goodness in not giving full credit to unfriendly informations [See May 3], etc., being so far from truth that from the day of my return to these Island I have studied nothing with more eager zeal than to expunge all former differences by an unfeigned humility and respect to H.E. and a ready obedience to all his commands, and (as I well hoped) obtayn'd H.E. generous promise to comply with H.M. Order in Council and a perfect reconciliation. But I soon found my longing expectation frustrated. The taking off my suspension occasioned matter of debate and articles de novo secretly drawn up agst. me. The records of the Secretary's office (or at least the most usefull part of them) were and still are kept from me. The arrears of rent of the Sheriffe or Provost Marshall and Secretary's lands are received and paid to H.E. the Governor by his own order, and still kept back by him and unaccounted for etc. I beseech your Lordships to suspend any further proceedings, till a Commission (which I humbly crave) may be sent hither to 4 or more indifferent persons jointly elected to search records, examine witnesses, and do what else may be necessary to the discovery of the truth and report the same. Your Lordships will then readily conclude I have acted nothing materially contrary to the known duty of my offices, or against H.E. in particular that could admit of such riguorous prosecutions, which I conceive are very unaturall, if not beyond example. etc. etc. Signed, Ed. Jones. Endorsed, Recd. Nov. 13, Read March 4, 1705. 2 pp. [C.O. 37, 7. No. 21; and 38, 6. pp. 159–161.]
July 29.
Windsor.
1293. The Queen to Governor Sir B. Granville. As July 20 q.v. Countersigned, Ro. Harley. [C.O. 324, 30. pp. 34, 35.]
July 29.
Windsor.
1294. The Queen to Governor Sir B. Granville. The High Court of Admiralty having reversed the judgment of the ViceAdmiralty Court of Barbados, and ordered the Charles II to be restored to Manuel Manasses Gilligan and Company, you are to see the said ship and her lading, or proceed thereof, restored accordingly. Countersigned, Ro. Harley. [C.O. 324, 30. p. 36.]