America and West Indies
August 1705

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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600-613

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'America and West Indies: August 1705', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 600-613. URL: http://www.british-history.ac.uk/report.aspx?compid=73692 Date accessed: 20 October 2014.


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Contents

August 1705

Aug. 4.
London.
[dated 1704 by error.]
1295. Mr. Dummer to W. Popple. Gives the sailings of the Six Islands packett. Out and home 113 days, 12 of which were lost at Jamaica by overblowing contrary winds. She was also chased by several privateers West of Scilly, etc. Signed, E. Dummer. Endorsed, Recd. 4th, Read Aug. 10th, 1705. Addressed. 1 p. [C.O. 323, 5. No. 83.]
Aug. 6.1296. Sir Edward Northey to the Council of Trade and Plantations. I have considered the Acts of Nevis to settle the estate of Capt. Thomas Butler, decd., on his three sons, William, Thomas, and James Butler, and I find nothing therein contrary to law, or prejudiciall to H.M. royall Prerogative. I only observe that the saving the rights of others than the parties concerned is not in so decent and dutifull a manner as usuall, H.M. not being particularly named therein, but is included in the generall words of all person or persons, which I presume hath happened through inadvertency only; and H.M. right, if she have any, to the estate concerned in the Bill, will be saved by the generall saving. Signed, Edw. Northey. Endorsed, Recd. 6th, Read Aug. 10th, 1705. 1 p. [C.O. 152, 6. No. 20; and 153, 9. pp. 253, 254.]
Aug. 8.
New England.
1297. Governor Dudley to [? Sir C. Hedges]. I am acquainted by the Gentlemen to whom Capt. Walton's Muster-roll was assigned, that there is a doubt of the payment thereof, upon the date of their muster-roll and too high charges for the souldiers' subsistence. Explains at length his care in raising the two Companies for Jamaica, as ordered June 23, 1702, and checking payments, muster-rolls, vouchers and quarters. "It has been truly said that I used all means to encourage that expedition, by saying that I hoped H.M. would favour them in the disburst upon them, and a discent upon the coast of New Spaine would make them all rich, and that there was an encouragement from the Assembly of Jamaica for officers and souldiers comeing thither, which was all true, however, before they came thither H.M. had otherwise determined, and the Assembly of Jamaica had withdrawn their bounty and the souldiers were reduced to expect no more than the lowest establishment of England, without H.M. especiall favour. The establishment of this country is for every souldier in garrison 5s. per week, marching forces 6s., and for the last winter marches 7s. per week, besides the subsistance which these men might have had for service at home. In their return they were by the fleet carryed to Newfoundland, where they were almost starved with cold and came home sick. If this company and its just charge should be unpaid, it would gratifie those that were against that expedition, and perhaps discourage anything of that kind for the future." Signed, J. Dudley. Endorsed, R. Nov. 2. Q[uery] of ye Committee of Trade etc. 6 pp. [C.O. 5, 751. No. 73.]
Aug. 10.
Whitehall.
1298. Council of Trade and Plantations to Governor Parke. Herewith is delivered unto you H.M. Seal for the Leeward Islands, together with a Warrant authorising the same. You are to cause the former Seal to be broke before you in Councill, and transmitted to this Board etc. as July 28. [C.O. 153, 9. pp. 255, 256.]
Aug. 10.
Whitehall.
1299. Council of Trade and Plantations to the Queen. Recommend Act of Nevis (see Aug. 6) to be confirmed. [C.O. 153, 9. pp. 254, 255.]
Aug. 10.
Boston.
1300. Owners of the Charles privateer (see No. 1274.xv.) to the Council of Trade and Plantations. We applied ourselves first to Gov. Dudley for a Commission, but he would not grant it. The Governor of Rhode Island had no advantage in granting the Commission and never desired any. The Judge of the Admiralty forced us to pay 50l. to Governor Dudley and 150l. to himself for condemning the prize. Pray that they may not be so oppressed when they bring in prizes. Signed, Benj. Gallop, John Colman, John Wocker (sic). Endorsed, Recd. from Sir Charles Hobby, Nov. 6, Read Nov. 15, 1705. Addressed. 1½ pp. [C.O. 5, 863. No. 141; and 5, 911. pp. 479–481.]
Aug. 11.
Whitehall.
1301. Mr. Secretary Harley to Major Lloyd. I thought your whole demand had been fully answered by the arms etc. lately sent from the Tower, but I find you expect some other things and particularly 18 scaling ladders. I cannot see how they are now to be conveyed to you since you are under sailing orders and wait only for a fair wind (from Portsmouth). I took it, therefore, for granted you intended to have them made in Newfoundland etc. Signed, Ro. Harley. 1 p. [C.O. 194, 22. No. 41.]
Aug. 11.1302. Same to the Board of Ordnance. Since you desire to have in writing what the Lords of ye Committee of Councill ordered on Wednesday last to be sent to Newfoundland, the 20 cohornes with the shells and stores proportionable should be sent with all possible speed to Portsmouth etc. and consigned to Major Lloyd. If it can be done without loss of time you are likewise to send 18 scaling ladders of not less than 20 ft. Signed, Ro. Harley. ¾ p. [C.O. 194, 22. No. 42.]
Aug. 12.
Jamaica.
1303. Governor Handasyd to the Council of Trade and Plantations. I have little to add since mine of July 18, but what you will be informed of by the enclosed Minutes of the Council and Assembly. I believe I have broke the knott of the factious party, our Assembly haveing hitherto gone on very unanimously in the Queen and Country's business. I am of opinion I have had a snake in my bosom all this while, for I do believe all the disturbances that have happened proceeded from Col. Beckford's family, which has always kept a handkerchief over my eys, under the pretence of friendship, but I have now discovered the deceit, and therefore hope to make things more easy than they have been for these two years past, and that the snare they have sett for me they will be catcht in themselves, it haveing always been my observation that honesty is the best policy. Several Acts have past the Councill and Assembly, but I have resolved not to pass them till H.M. business and the quartering Act be first brought in, for fear of being out-witted. Admirall Whetstone and H.M. men of war under his command are all gone out a cruise. The 6th inst., at night, we had a small earthquake, but I do not hear of any damage it has done. The Island is very healthy. Signed, Tho. Handasyd. Endorsed, Recd. 2nd, Read Oct. 31st, 1705. 1 p. [C.O. 137, 7. No. 17; and 138, 11. pp. 433, 434.]
Aug. 12.
Jamaica.
1304. Governor Handasyd to Sir Charles Hedges. Duplicate of preceding. Signed, Tho. Handasyd. Endorsed, R. Sept. 30. 1 p. [C.O. 137, 45. Nos. 68, and (duplicate) 68.i.]
Aug. 13.
Windsor.
1305. Order of Queen in Council. Confirming Act of Nevis (see Aug. 6). Signed, Chris. Musgrave. Endorsed, Recd. Read Sept. 25, 1705. 1¾ pp. [C.O. 152, 6. No. 22; and 153, 9. pp. 260–262.]
Aug. 13.
Windsor.
1306. Order of Queen in Council. Upon the petition of his Agent, ordered that A. Skene be not dismissed (as July 20), but suspended as Secretary of Barbados, and that he return his answer in writing to all such papers as have been presented to the Council of Trade and Plantations against him, copies whereof they are forthwith to transmit to him, whereupon H.M. will declare her further pleasure. But that, nevertheless, the Governor do cause Skene to be prosecuted as ordered July 20, and that he be permitted to have affidavits taken in his behalf relating to the same without any discountenance or molestation whatsoever. One of H.M. Principall Secretaries of State to signify H.M. pleasure to the Governor accordingly. Signed, Chris. Musgrave. Endorsed, Recd. Read Aug. 29, 1705. 2½ pp. [C.O. 28, 9. No. 3; and 29, 9. pp. 363–365.]
Aug. 15.
Windsor.
1307. The Queen to Major Lloyd. Commission to hold Court Martials on the garrison at Newfoundland. Signed, Anne R. 2 pp. [C.O. 194, 22. No. 43.]
Aug. 15.
Boston.
1308. John Colman to the Council of Trade and Plantations. Repeats Nos. 1274.xv., xvi., and 1300, concerning the Charles privateer. Continues:—Coll. Dudley told me very lately he was ordered to send home an account concerning a prize brought into Rhoad Island some time since by Capt. Lawrance and Capt. Blew, and desired me to draw up a deposition concerning my going there and being refused the Admiral's dues, which accordingly I did and shewed it to him, on which he told me I need not speak too much in their favour, I answered I ought to speak the whole truth, but I perceive it doth not please him, for since he saw what I wrote hath never asked for it to send to your Lordships, and I know hath delivered his letters to the Master of the vessell. I inclose the very paper I had drawn up and shewed H.E. I must say as I shall answer it hereafter I have always found Governour Cranston ready to do justice in all matters I have been concerned with him in, with respect to the Admiral, etc. I have been told the value of that prize taken by Capt. Lawrance and Blew hath been wrong represented. The ship and cargoe was appraised by as good men as any in that Government (in the opinion of all that knew them) and the whole amounted to 2,123l. 5s. and no more. The Governour indeed did not admit me to receive the tenths for the reasons given in the within depositions, but he put the matter as he then told me into the hands of the Queen's Collector, who is esteemed a man of as much honour and justice and the very best bottome of any man in the place, and I have since received the greatest part of it of the Governor, and the rest he tells me is ready. Signed, John Colman. P.S.—Aug. 23. I have been with the Governor and desired an account of what gold etc. was recovered from the pirates etc. [See No. 1274.iv.] There were two negroes, one sold for 40l., and I am told the other the Governor's son, who is Queen's Attorney, hath at 20l. who is a rich penny worth at 40l. I had lately some talk with one of the Councill about the treasure, who told me the country had been at 1,500l. charge about it, which must be paid out of the same. I asked how it was possible the charge should swell so. He answered there was the sloop to pay for which Captain Cary went in to carry the news to England, which I think will be an abuse to the Queen, for the owners of the vessell the piracy was committed in did offer their vessell to go for 90l. per month, and they would run the risque of her, and she would in all likelyhood have performed the voyage in three months, being a prime sailor, and they sent a full vessell fit only to carry merchants goods, and I think also I have been very much slighted in this matter, that the treasure should be taken out of my hands, who had given security in England for my place, and put into the hands of others and I kept in the dark, that am not capable to render any account about it but what I am beholden to others for. Signed, John Colman. Endorsed, Recd. from Sir Charles Hobby, Nov. 6, Read Nov. 15, 1705. Addressed. 2¼ pp. Enclosed,
1308. i. Being deputed by the Honble. John Dod, the Receiver of the rights and perquisites of H.R.H., Lord High Admiral, to receive what might become due to H.R.H. in these parts, and being informed there was a prize brought into Newport by Capt. Blew, Commander of a private man-of-war, by the advice and direction of Governor Joseph Dudley, I went to Rhode Island and showed my Commission to Governor Cranston and informed him that I was come per the advice and direction of Col. Dudley who, I understood, was Vice-Admiral there, to demand the tenths of said prize, but Governor Cranston, on perusal of my Commission, found it said for Boston and the districts thereof, whereupon he answered they were no district of Boston and could not admit me to be the Receiver there by virtue of that Commission, adding that he had put that matter into the hand of the Queen's Collector. I then wrote to Mr. Dodd, who sent me another Commission impowering me to be the Receiver over all New England and Rhode Island, and about same time H.M. Commissioners for Prizes sent me a deputation to be the Queen's Receiver also, which as soon as I received I advised Governor Cranston of, who then shewed all respect to me as the officer and accounted with me for the tenths of the prize aforementioned, part whereof is yet in his hands. Boston, Aug. 10, 1705. Signed, John Colman. 1p. [C.O. 5, 863. Nos. 142, 142.i.; and 5, 911. pp. 482–488.]
Aug. 15.1309. Major Lloyd to Mr. Secretary Harley. Repeats proposals of March 29 for reducing Placentia, as to credit and subsistance for soldiers etc. See following. Signed, Tho. Lloyd. Endorsed, R. Aug. 15, 1705. 2 pp. [C.O. 194, 22. No. 45.]
Aug. 16.
W[hite]H[all].
1310. [? Mr. Secretary Harley] to the Duke of Ormonde. Major Lloyd having proposed this day to the Lords of the Committee that 2d. per diem subsistence money for the [460] soldiers designed from Ireland, and bedding at two men to each bed, should be sent with them from thence, it is H.M. pleasure that your Grace do give such directions therein as are necessary. No signature or endorsement. 1 p. Annexed,
1310. i. Memorandum for above Letter. ¼ p. [C.O. 194, 22. Nos. 44, 44.i.]
Aug. 16.
Cockpit.
1311. [? Mr. Secretary Harley] to the Lord High Treasurer. Encloses following. The Lords [of the Committee of Council] think it reasonable Major Lloyd should have 300l. credit allowed him. Your Lordship will please to give the necessary directions. I enclose papers relating to the Officer of Prizes in Newfoundland. No signature or endorsement. 1 p. Enclosed,
1311. i. Copy of Major Lloyd's proposals. See No. 1309. 1 p. [C.O. 194, 22. Nos. 46, 46.i.]
Aug. 25.
Stonington in ye Colony of Conecticut.
1312. Commissioners appointed to enquire into the complaints of the Mohegan Indians to the Council of Trade and Plantations. In pursuance of H.M. Commission we assembled here on the 23rd, and when we came to Pancatuck River, the edge of this Colony, we were met by Major Whiting and a small small troop of horse, who acquainted Col. Dudley that he was sent by Gov. Winthrop to bid him welcome and to conduct him to Stonington, where we were to sit, as soon as we arrived Col. Dudley produced H.M. Commission, and had the same in the presence of H.M. subjects assembled in a great number as well as Owaneco and the Indians published, and then in open Court took the oaths appointed instead of the oath of allegiance and supremacy and subscribed the Declaration, and then proceeded to swear all the members present, being 10 in number, who also signed the Declaration. Some Gentlemen of the Colony produced a letter from Govr. Winthrop to Col. Dudley to acquaint that the six gentlemen named in the letter, who presented it, were appointed to attend the trial and to make answer, who should also be assisting to summon witnesses and what else the Court had need of. The sd. Gentlemen desired a copy of H.M. Commission, which was delivered the same evening. The Court adjourned till the 24th, when Col. Dudley and the Gentlemen drew to the place where they were to sit, William Pitkin, John Chester, and Richard Christopher, three of the Assistants of the Colony, Eleazer Kemberly, Secretary, William Whiting and Richd. Lord, who were the six Commissioners named in Governor Winthrop's letter as Managers and Answerers for the Colony, drew up to Col. Dudley and told him they were come to read a paper to him, he told them the Commissioners were just sitting down, and when the Court was opened, they should be heard; the[y] insist upon it to read it presently, and he refused it and proceeded to open the Court. The Sheriff of the County came up to us and commanded silence in a very imperious manner, and the Gentlemen went on to read their paper, and then laid it down on the Board and drew off a very little distance, but within hearing of the Court, and then proceeded again to command silence and read publickly a protestation against the Court, and then returned several times in a very insolent manner while the Court was publickly proceeding in reading papers and hearing the complaint. Col. Dudley prayed them to be patient, they should be heard in their turn. Whiting told him boldly they had no business, and Chester they would not be put upon, and Saltonstall, one of the persons complained of for entering on the Indian lands, said the Commissioners were no Court, and that H.M. commands contradict one another, and that he was forbidden to answer by the Government, and one of their Ministers present when an evidence was swearing, drew him back by the sleve to hinder his oath. In a short time after they withdrew, and the Court had opportunity to proceed more peaceably, and proceeded to swear Elisha Pain and Jedediah Fitch, to whom Col. Dudley had given warrants to summon the intruders, who gave oath to the returns of their warrants, having summoned a great number of persons. All of whom were called in Court and commanded to attend their concerns, but no one of them appeared: We then proceeded to the complaint particularly, and went through distinctly all the articles contained in a report sent herewith. And again in the afternoon sat and called the Intruders and persons summoned to attend their concern, but no body answered, tho amongst the many persons present many of the Intruders that had been summoned were present, and refused to answer, as Mr. Saltonstal, one of them, told the Court, that he dare not answer, being forbidden by the Proclamation of the Government. We are as particular in our report as we can, and unanimous in our opinion, that Uncas and Owaneko are the only steady Sachims in this Province to the English interest, in all times without the least challenge; that the Indians of his Tribe have marched at all times in the service of the English, and bin very successful in these 70 years past; that by the disposall and grants of the General Assembly of this Colony, and by particular persons entering upon their Land, if they prevail therein, wil leave nothing that we are advised of to the whole tribe of the Mohegin Indians; that the said Indians are in the last distress and trouble, and under the greatest provocations to desert the English interest, which will be to the great disturbance of all H.M. Governments. We humbly pray that our service herein may be acceptable to H.M., and that H.M. commands may be speediely given to this Colony, least the Indians think themselves neglected, and the persons concerned for them to manage and bring in papers and evidences be oppressed and insulted, as they acquaint us they are threatened. Owaneco and his tribe attending at the Tryall offer their humble duty to H.M., promise publickly to continue faithfull, and pray to be supported, etc. Signed, J. Dudley, Edwd. Palmes, G. Sylvester, Jahleel Brenton, Natha. Byfield, James Avery, John Avery, John Morgan, Thomas Leffingwell. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. 3 pp. Enclosed,
1312. i. Proceedings of the Court of Enquiry and determination of the complaint of the Mohegan Indians, holden at Stonington, Aug. 23, 1705. Signed, J. Dudley. Boston, Nov. 3, 1705.
(a) The judgment of the Court confirms the justice of the Mohegans' case and complaint. [See C.S.P. 1703. No. 153.] The Court determine (1) that Owaneco is the true Sachem of the Mohegan Indians. (2) That he and his ancestors have always been loyal to the Crown of England (3) and that the Government of Conecticut have by several treaties acknowledged them to have lands of their own etc. (4) The Mohegan Indians had an undoubted right to a very large tract of land within that Colony, lying to E. of Connecticutt River, and the English inhabitants of New London, Norwich, Stonington and others have acknowledged their right to those lands, and many years since purchased of Owaneco and his father considerable parcels of lands belonging to the said towns, of which purchases Owaneco makes no complaint. (5) All the lands that were reserved unto Owaneco and the Mohegan Indians in 1683, were distinguished into planting and hunting grounds; their planting ground part of it scituat between New London and Norwich and contains 8 miles in lenth and 4 miles in breadth, one smaller tract about 9 miles in lenth and 2 miles in breadth lying on the N. bounds of Lyme, one other very large tract of hunting lands lying between the bounds of the towns of Norwich, Lyme, Lebanon, Metabesset and Haddam. (6) The Government of Connecticut in 1683 impowered a Committee, one of whom was the then Governour, to settle the bounds between Uncas and the Plantations to which his lands adjoyned. Return was made accordingly in 1684 and approved by the General Court, which Survey, since the arrival of this Commission, has been revised by Capt. John Chandler etc. (7) Uncass, to secure his lands or some good part of them to his family and people, in 1659 and again in 1665, did make over his lands in that country to Major John Masson, Deputy Governor of that Colony, and of great friendship with Uncass, for the Indians' use, and Masson in 1671, the better to secure some of their lands to them and their posterity, reconveys to Uncass and others and their heirs that tract of land between New London and Norwich for their planting, with an express limitation on that deed that neither they nor their heirs should ever alienate the same, which after that time passed commonly by the name of the sequestred lands. (8) The Government of Connecticut approved of Major Masson's being Guardian of the Mohegans during his life, and of Major Samuel Masson, his son, after his death, and in 1660 provided and determined that the lands of the Mohegans should be disposed of and ordered by Masson in 1692, for the more effectual securing to them their reserved remaining lands, directed that none of the lands, recorded and confirmed to Owaneco, should be passed away without the consent of Capt. Masson aforesd. (9) Contrary to these reservations and treaties, the Government of Connecticut have granted away considerable tracts of the planting grounds of the Mohegans amounting to about 3,000 acres, and in particular to the present Governor and Gurdon Saltonstall, the Minister of New London, 400 acres, which upon oath is found to be 1,100 and upwards, and in Oct. last the Government by a patent under the Seal of the Colony granted the whole tract abovementioned, being the planting ground of the Indians, to the Proprietors of New London and their heirs for ever. (10) The Mohegans have been very unjustly turned out of planting ground called Massapeage, lying within the township of New London, the improvement of which land is reserved to them by their deed to New London. (11) The town of Lyme, under pretence of their grant of their township from the Colony have taken into their improvement that tract of the Mohegan lands bounded upon their township containing about 9 miles by 2. (12) One other very large tract of their hunting ground is granted away from the Mohegans to the township of Colchester, viz. between Norwich, Haddam, Lyme, Lebanon and Mattabesset. (13) The Mohegans are a considerable tribe, consisting of 150 fighting men, formerly a much greater number, and cannot subsist without their lands. They have been extreamly grieved at these proceedings and have frequently applied to the General Assembly for redress, but could obtain none, whereby they have been reduced to great want and necessity, and are in great danger of deserting their ancient friendship. The Court are unanimously of opinion that they ought to be restored to the said lands, enumerated, and that Owaneco Uncass recover his costs. And that the Government of Connecticut be required immediately to cause them to be so restored, according to H.M. letter, March 23, 1703[4]. Signed, as preceding.
(b) Copies of evidence upon which the foregoing judgment was based. The whole endorsed, Recd. Dec. 31, 1705, Read Jan. 23, 1705/6. 81 pp. [C.O. 5, 1263. Nos. 56, 56.i.; and (without enclosure) 5, 1291. pp. 296–303.]
Aug. 26.
Fleet Prison.
1313. Mr. Clifford to the Council of Trade and Plantations. Prays that the States General may be moved to permit him to sell his estate in Surinam etc., and that they may account for some sugar made on his plantation there since 1695. Signed, Jer. Clifford. Holograph. 2 pp. Annexed,
1313. i. The claim of Jeronimy Clifford. Endorsed, Recd. Aug. 25 (sic), Read Oct. 12, 1705. 1 p. [C.O. 388, 75. Nos. 130, 130. i.]
Aug. 27.
London.
1314. Certificate of Owners of Portsmouth gally, that, whilst lading with salt at Exhuma, she was taken by a Spanish privateer and carried into the Havanna, April, 1704. Signed, Wm. and Jno. Crouch, John Eccleston, Tho. Humfreys. Endorsed, Recd. Read Aug. 28, 1705. 1 p. [C.O. 137, 7. No. 9.]
Aug. 27.
Admiralty Office.
1315. J. Burchett to Mr. Secretary Hedges. The shipps of warr which were bound to the Plantations, and receiv'd damage in the late storm, being now refitted, I desire to know whether they shall now proceed from Spithead. Signed, J. Burchett. 1 p. [S.P. Naval, 7. Under date.]
Aug. 28.
Maryland.
1316. Governor Seymour to the Council of Trade and Plantations. I presumed to give you an account how our affaires stood here by Coll. Quary, who went hence in the Oxford ffrigott that touch'd at Virginia etc. Having seized several of the Conspirators and Accomplices, who were concerned in the Plott [see July 3], I directed a speciall Commission for their more speedy tryall, and the Grand Jury found all the Bills; but the Petit Jury, like true Americans, quitted 'em all but two, and those I have consented to sell to some of the Islands for the country's good; But Clarke, the ringleader and Capt., stands out still, in defyance of all Law, and repeated Proclamations, not having been heard of these two months, so that it is thought he is designed to turne pyrate, and reported that with severall other loose idle persons, who are much indebted on account of protested Bills of Exchange, the epidemicall distemper this Country now labours under, gone quite away in a small sloope, but a very good sailer; I have given notice thereof to the severall adjacent Governments in order to suppress them. I received your letter and a great Seale by Coll. Nott, and shall endeavour my best allways to obey H.M. Royal Orders and Instructions; but doubt this Province will never consent to the building Towns, as H.M. desires, without a short Act or an Order from England compells them, for the same self-ended reasons they have allways refused it [see July 3]. As to your Lordships' directions about Tarr and Navall stores, all care shall be taken, and the Act to encourage the Continent of America will not only be of good use to all H.M. subjects in the several Colonys, but of great service to our Native Country, England. When their cropps here are in, and the season of the year gives the Country better leisure than at present, I entend to lay all these matters home to the Assembly, and by the first safe conveyance after, shall, God willing, transmitt their Resolutions, etc. Signed, Jo. Seymour. Endorsed, Recd. 3rd, Read Dec. 10th, 1705. 2 pp. [C.O. 5, 715. No. 88; and 5, 726. pp. 346–348.]
Aug. 28.
Maryland.
1317. Governor Seymour to [Sir C. Hedges]. Duplicate of preceding. Signed, Jo. Seymour. Endorsed, R. Dec. 1, 1705. 2½ pp. [C.O. 5, 721. No. 4.]
Aug. 30.
Whitehall.
1318. Council of Trade and Plantations to Lt. Governor Bennett. Since ours of July 28, we have received yours of March 31, and April 4, and have also received all the letters you mentioned to have writ us except that of Jan. 31. The last letter you mentioned to have received from us is of Nov. 30 last, since which we writ to you on March 6, April 26 and 27, May 30, by way of Barbadoes, which we doubt not before this but that you will have received, having sent duplicates thereof by the same way. Enclose Order in Councill concerning Lieut. Henley. As to Mr. Jones's demands of the rents, issues and proffits of his offices during his suspension, we do think it sufficient that one half thereof be paid to him, and that the other half be enjoyed by the person that executed the said places, as in all the other Plantations during the absence of the patentees. As to your dispute with Mr. Jones about keeping and using the publick seal, we judge it to be your right to keep the said seal, but upon applying the same you are to make use of H.M. Patent officer. And as to the keeping and securing the stores, there is no doubt but that the superiour care thereof dos appertain to you as H.M. Lt. Governor, and that no part of them is to be issued out otherwise than by warrant under your hand, which dos not hinder but that H.M. Secretary and Provost Marshall should be made use of for the ministerial keeping and issuing out the said stores pursuant to your warrants, and not otherwise, which you may communicate to Mr. Jones by shewing him this letter. And we have taken order that Mr. Jones is informed of our directions that he shall behave himself with civility and respect to you as to his superiour. [C.O. 38, 6. pp. 140–142.]
Aug. 30.
Whitehall.
1319. Council of Trade and Plantations to Lt. Governor Johnson. Since ours of July 28, we have received yours of March 22, 24 and May 26. We have also received a book of Nevis Laws, which seem to be a collection only of such laws (2 or 3 excepted) as have been confirmed here; whereas what is required by H.M. Instructions is a compleat collection of all the laws in force, whether confirmed or not; besides we observe that several of the laws in that book (a list whereof is here inclosed) were past at Antego, which ought not to have been mixed with the Nevis Acts. We desire you therefore to explain these things to us in your next. Your successor, Col. Parke, he is preparing for his departure from hence, but we believe will not be so soon with you for want of a fitting conveyance, which he will hardly obtain, untill the return of our fleets. Annexed,
1319. i. List of Acts referred to in preceding. [C.O. 153, 9. pp. 256–259.]
Aug. 30.
Whitehall.
1320. W. Popple to Mr. Tryon. Encloses copies of papers against Mr. Skene this day transmitted to Barbados. [C.O. 29, 9. p. 367.]
Aug. 30.
Whitehall.
1321. W. Popple, jr., to Guy Ball. Gives notice that a copy of his affidavit has been sent to Mr. Skene. [C.O. 29, 9. p. 368.]
Aug. 30.
Whitehall.
1322. Council of Trade and Plantations to Governor Sir B. Granville. We cannot doubt but you will have received our letters of April, May and July, though you only acknowledge (June 10), the receipt of ours of March 6, the reason of which we suppose comes from the packet boats having been stopped here for a considerable time. You will have been informed by your Correspondents of what H.M. has been pleased to determin in relation to the complaints preferred here against you, which we suppose will be to your satisfaction, and as it always is our care to support the dignity and authority of H.M. Governors, so we hope on your part you will use your best discretion in endeavouring to unite the minds of H.M. subjects in carrying on the publick service and contributing to the peace and welfare of the Island. Enclose Order of Council relating to Mr. Skene, Aug. 13, and depositions to be delivered to him as ordered. As to the matter of the coin in the several Colonies in the Plantations, we have the same under consideration, and have referred to the Attorney General to find out the proper means of rendering H.M. commands therein effectual in all her Plantations. And, whereas we understand that the Assembly are waiting in referrence to the Fortifications for H.M. pleasure relating to the 4½ p.c., which they would have applyed to the use of the said fortifications before they proceed any further therein, we do not know of any late application therein. [C.O. 29, 9. pp. 369–371.]
Aug. 30.
Whitehall.
1323. Council of Trade and Plantations to Governor Handasyd. Since ours of July 28, we have received yours of June 11. Tho you only acknowledge ours of March 6, we doubt not but that before this comes to your hands you will also have received ours of April 2, 20 and 26 and May 23, which have been detained here by the stop of the packet boats for a considerable time. We have under consideration what you write about the flag of truce, from Petit Guavas, as also a petition of Peter Dyer [see July 11]. We shall at the same time be mindful of what you write to us, Dec. 17, against exchanging prisoners in America, and we shall not fail to give you timely notice of what shall be determined thereupon. We doubt not but that by your prudent management of the Assembly you will have perswaded them to pass another Act for the quartering of soldiers. We shall lay before H.M. your recommendation of Col. Edlyn to be of the Councill, and shall give you notice of H.M. determination thereupon. As to the other parts of your letter, we are glad that matters within your Government are in so good a condition and have nothing further to add. [C.O. 138, 11. pp. 408, 409.]
[Aug. 31.]1324. Mr. Penn's Reply to the objections [of the Council of Trade and Plantations] to some Pennsylvania Laws. [See No. 1278. i.] (1) It's agreed that Law be returned, but let ye simplicity of the times in that wilderness excuse inexpertness. Pray word it better for us. (2) Agreed to be returned and amended. No need of using H.M. name, when the names used stand upon ye Queen's authority. (3) I cannot help it, 'tis ye great Charter yt. all Englishmen are entituled to, and we went not so far to loose a tittle of it. (4) Agreed to be amended. (5) I think a word no reason to lay by, or delay so material a Law, when there are words enow besides to answer ye end, nor have we yet Church places to authorise it. (6) I am of opinion my surrender will best repeal yt. part which regards fidelity to me. I cannot see any reason to out ye People that made it a country from ye Government of it, for their tenderness about an oath, that went thither to avoid it with other things. And for stiles of officers, they were under no obligation to symbolize with England. Carolina dos not, and yt. wch. is called Mayor in one place is a Bayliff in another, and in Ireland in divers places Soveraigne. (7) When the Government is surrendered, to be sure it becomes useless. (8) Agreed to be amended. (9) Under favour, you will find power of ports in me, since 'tis one of the clauses to be surrendered by me, nor dos the Act reach but to Colonys in H.M. disposition, nor undo what is done, nor compel the Queen to it. (10) The same answer serves. (11) Agreed to be amended. (12) It is not to be wholy hindred, and if done, then to be done not fraudulently. Nor can reason of State in prudence or justice put one man's commodity, as this will, upon another at ye seller's price. As good forbid wearing shoos at all. (13) I desire only the priviledges truly Proprietary, or as Ld. of the Soyle, except ye Queen pleases at ye instance of ye Board to make a farther distinction. (14) I presume they are not inconsistent. (15) But yt implys ye Crown's authority, under which they claim the same in Palatinats and Corporations here. (16) I must submit to Lawyers, but the nature of that Act, and its extent deserves to be explained and settled. (17) A clause in the Surrender may regulate it. Till the Surrender is perfected, 'tis good, and that I pray with expedition. (18) Since so stiled by ye Kings and Queens, it must be no fault to use it, nor is there inconveniency in it. (19) It is in our Courts and Acts of Courts and in ye Rolls By ye Queen's authority and name of ye Propriatary, being the old forme, and it must be an undesigned omission, but ye by Laws of our great Towns here I suppose do ye same thing. Signed, Wm. Penn. Endorsed, Recd. Read Aug. 31, 1705. 2 pp. [C.O. 5, 1263. No. 28.]
[Aug.]1325. Heads of Instruction for the Commanding Officer of the troops on board [for Newfoundland]. To observe such orders as the Commodore shall give him for keeping this design secret etc. 1½ pp. [C.O. 194, 22, Nos. 48; and (rough draft) 47.]
[Aug.]
Windsor.
1326. H.M. Instructions for Major Thomas Lloyd. Whereas the Trade of Newfoundland is of great advantage to our subjects and therefore well deserves our care, not only to secure our present settlements there, but also to gain new acquisitions from the French now in war with us, and to that end we having thought fit to send an additional force of 460 men to join those already there and the inhabitants as far as they can be made useful, in order to make an attempt upon the French settlements in Newfoundland, and particularly on Placentia, you are upon the arrival of the said forces to consult with the C. in C. of our ships appointed to convoy the transports and forces thither of the best place for landing them, and accordingly to make an attempt upon such of the French settlements as you shall judge to be most practicable and likelyest to succeed in, and particularly upon Placentia, according to the proposals you have made to us, etc. If you shall take any of the French settlements, you shall leave a Garrison in them as you and a Council of LandOfficers shall judge sufficient to keep them, and the rest of the said men you are to return to England by the transports and men of war. Corrected draft. 6 pp. [C.O. 194, 22. Nos. 49, 49.a.]
[Aug. ?]1327. [Sir C. Hedges to ? Major Lloyd.] The C. in C. of the convoy will deliver you H.M. Instructions [above] when you are in a particular station at sea. You are to open them in the presence of each other, and to communicate them to him, as he is ordered to do his to you. ¾ p. [C.O. 194, 22. No. 50.]
Aug.
Windsor.
1328. H.M. Instructions to the Commander in Chief of the troops appointed for service in Newfoundland. Upon your arrival you are to follow Major Lloyd's orders and land as he directs, etc. It is of the greatest importance that this design be kept with all imaginable secrecy. 1¾ pp. [C.O. 194, 22. No. 51.]