America and West Indies
November 1705, 1-5

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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653-680

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'America and West Indies: November 1705, 1-5', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 653-680. URL: http://www.british-history.ac.uk/report.aspx?compid=73696 Date accessed: 02 September 2014.


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November 1705, 1-5

Nov. 1.
Westminster.
1415. Council of Trade and Plantations to Governor Sir B. Granville. Since ours of Aug. 30, we have received yours of June 24 and July 16. We shall in due time examine the Collection of Laws, etc. You will receive an account from the Agents of all that has past here. We are sorry to find by the fresh complaints that are now before us, that no effectual stop has been put to the divisions and animosities that are in that Island. We hope you will take the best methods to compose those unhappy differences. [C.O. 29, 9. pp. 408, 409.]
Nov. 1.
London.
1416. R. Cary to Mr. Popple. I have not had any Instructions from the Leeward Islands relating to a trade with St. Thomas. Signed, Rd. Cary. Endorsed, Recd. Read Nov 1, 1705. Holograph. ½ p. [C.O. 152, 6. No. 29; and 153, 9. p. 280.]
Nov. 1.
St. James's.
1417. The Queen to Governor Sir B. Granville. Whereas wee are given to understand that great abuses have been committed in our Plantations in America in matters relating to Prizes, we hereby strictly charge and require you to interpose with your authority and advice in all differences arising between the Agents appointed for the management of Prizes and the Captains of our ships of war and others concerned, who shall make application to you, as likewise in an especial manner to be aiding and assisting unto Alexander Hamilton, who is appointed by our Lord High Treasurer to be Agent in the West Indies, in the discharge of his office, etc., as also to transmitt unto our High Treasurer from time to time exact accounts of all occurrences concerning prizes that happen to be brought into Barbadoes, etc., whereof you are not to fail. Countersigned, C. Hedges. A similar letter, mutatis mutandis, was written to Governor Handasyde and Lt.-Gov. Johnson. [C.O. 324, 30. pp. 44–46.]
Nov. 1.1418. (a) Abstract of the Muster-rolls of the Old Company at Newfoundland, Nov. 1, 1705. 52 privates, with officers.
(b) Abstract of Muster-rolls of the new Company at Newfoundland, Nov. 30, 1705. 80 privates with officers. Endorsed, Recd. from Mr. Roope. Recd. Read Jan. 16, 1705/6. ¾ p. [C.O. 194, 3. No. 90; and 195, 4. p. 102.]
Nov. 1.
Whitehall.
1419. Council of Trade and Plantations to Lt.-Governor Johnson. We have yours of July 4 and 27. The transcribing and transmitting to us a compleat collection of all the laws in force in each respective Island under your Government is a work absolutely necessary for H.M. service, and we expect that it be done, nor can we imagine that any of the Deputy Secretarys should refuse the doing thereof, if a fitting recompence was allowed them. By a collection of the Laws in force, we do not mean such only as have been confirmed by the Crown, but all such as have been passed, and are neither repealed nor expired. We desire the collection for each Island may be seperate by itself, as also the collection of those past at the General Assembly of all the Islands likewise by themselves. We are sorry to find the Assembly of St. Christophers have been so refractory as not to provide the necessary quarters for H.M. officers and soldiers there, and we desire you to represent to the said Assembly, and to any of the others, as there may be occasion, that unless they do take care to provide the necessary quarters for the said officers and soldiers, H.M. will be obliged to recall them. [C.O. 153, 9. pp. 278, 279.]
Nov. 1.
Whitehall.
1420. Council of Trade and Plantations to the Queen. Having received several Acts past at a General Assembly of your Majesty's Island of Antego in 1704, and having had the opinion of your Majesty's Attorney Generall thereupon in point of law, we humbly represent to your Majesty that the Act entituled, "An Act for holding a Court of Chancery in this Island by the Lieut. Governor or President and Councill in the absence of the Commander in Chief, and for the speedy dispatch of Causes in the said Court," is not fit for your Majesty's approbation. For that the powers given by this Act to the Lt. Governor or President of the Councill and 3 of the Councill in the absence of the Governor, to hold the Court of Chancery, is properly done by your Majesty's Commission and Instructions to the Governor, which will be in your Majesty's power to alter, if any inconvenience appears, but cannot be done if this Act be approved. This Act, likewise, excludes all appeals to your Majesty if the value of the matter decreed does not exceed 500l. current mony of that Island, which ought not to be. There are also other clauses in the Act which may be prejudicial to your Majesty's service. The Act "for establishing of Courts and settling due methods for the administration of justice," is also unfit for your Majesty's confirmation, for that by your Majesty's Commission to your Governor of this Island, he is impowered to erect Courts and name Judges and other officers, and what such Governor may do is done by this Act, which seems to be prejudicial to the authority given by your Majesty to your Governor; and this Act lessening your Majesty's Prerogative in matter of Appeals. We have no objection why your Majesty may not confirm the Act, "impowering a Councill of Officers to appoint methods for repairing trenches and breastworks, etc." [C.O. 153, 9. pp. 280–283.]
Nov. 1.
Whitehall.
1421. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of July 18 and Aug. 12. We are sorry you have had such difficulty in managing the late Assembly; but observing that the new Assembly proves of a better temper, etc., we doubt not but that by your prudent conduct you will have persuaded them to pass the Act for Quartering of souldiers. [C.O. 138, 11. pp. 435, 436.]
Nov. [1].1422. Governor Dudley to the Council of Trade and Plantations. I humbly addressed your Lordships last by a runner to New [castle] and duplicate thereof, by the Virginia fleet of July 25 last, etc. I humbly offer your Lordships the several Acts of As[sembly] of which I had the particulars which were mislaid, as also all the Acts of [Assembly] and Minutes of Council of both Provinces, the Massachusets and New Hampshire, since my last account which went by the Advice, Capt. Morrice Commander, who I am advised is well arrived, and I hope has been more carefull than Capt. H[ern] was of the map of this Province, which was carelessly left at Portsmouth, notwithstanding the great charge I gave him of it and the value I put [upon] it to him. Acknowledges H.M. commands of Jan. [2]1st, referring to Pemaquid and salaries for H.M. Governour and Lieut. Governour. And that I might niether delay those Articles nor be put by a plain and peremptory answer from the Assembly, if pos[sible] to H.M. satisfaction, I held a speciall Session in the Assembly in Sept. last, when I communicated H.M. letters to the Council and Assembly and allowed them not to proceed to any other affayr of the Province, that I might have their positive and direct answer, and used all the methods and arg[uments] with them in my power, assuring them, of H.M. favour upon their obedience, one instance whereof was before them in the same Letters, which was the bounty of the cannon for the Castle, and that they themselves saw meet originally to erect that fortification without any such strict command, and lost it very foolishly, so that [it was] much more necessary now, both to procure our defence and show our obedience, and the present charge of the war would be no excuse because three years since when they were in peace they had refused the same commands. I also urged the danger of their diso [bedience]. And on the head of salarys, I told them how unreasonable it was that H.M. Governours should have no establishment, but depend absolutely upon their favour [for] a support, which was so arbitrary that no person could know how to regulate [his] expences, and that H.M. at my coming had commanded that a house should [be] built or taken fit for the reception of a Governour, which they had not done, [and] if my own estate and settlement were not near the town I could not tell how [to] dispose my self; that if they had any complaint to offer for male administration [of] the Goverment to make their present Governour or Lt. Governour unworthy such [pr]ovision, they might freely offer it to H.M. But no methods will prevail in the least with them but they have positively re[fu]sed all, and have sent their Address signed by the Secretary in the name of the Councill and the Speaker of the Representatives wherein after their thanks to H.M. [for] the cannon, they offer their reasons why they cannot build Pemaquid, that it is useless and no [cu]rb to the Indians, which is very mistaken being allways a great benefit and [sec]urity of the Province, and that Casco Fort does the same, which being but a [tr]ading house, I have since my arrivall raysed to be a regular work, which [the]y would have instead of Pemaquid, but on the contrary I allways told them [th]e day the gates of Pemaquid were raysed, I would rase Casco Fort being a farr [mu]ch less serviceable place, and the building of Pemaquid being now particularly [com]manded by H.M. [In] their excuse for not assisting the little Province of New Hampshire towards [thei]r fortification, they alledge they have payed dutys towards the support of [th]at fort, which is also a mistake, there is nothing payed there by any but fees to the [Of]ficer for clearing at the fort, nor any duty or tax ever raysed for the building [or] repair of the walls there, to which any part of the Massachusets payed any[th]ing. The Acts of the Revenue are all before your Lordships, which will evince it plainly, and the Guards spoken of for the masting and other trade is what they cant help, the Province of Main, which is part of the Massachusets Government, lying between the enimy and the little Goverment of [Ne]w Hampshire, so that in defending themselves they must needs defend their neighbours. To the Article of salaryes they playnly answer they stand up their [r]ights, they will not do it, and alledge their Charter for it, which says nothing thereabouts, but add that they will support their Governour, but allways as they please, which has been hitherto about 500l. of this countrey money, which amounts not to 350l. sterling, that will by no means support the expence of a table, servants and horses. Mr. Phips, the Agent of this Province at present, will attend your Lordships, [I] suppose or Sir Charles Hedges with the address which I am humbly of opinion cannot be acceptable to H.M., I humbly pray your Lordships to represent [m]y pressing endeavour in the matter for H.M. satisfaction, and notwithstanding my free offer to them at all times to complayn, they acknowledge their [af]fairs of warr and everything else proceed better than at other times, but they will [ha]ve their Governour depend upon them, and what they shall do for him shall be the [las]t hour of their Session, least he should prorogue or dissolve them before they [pl]ease to rise. I have used all methods upon the receipt of the Act of Parliament for Navall Stores to put the people upon it to reform the burning quality in the tarr, which proceeds only from the slovenly dressing and overburning in the drawing of it, which I hope will be reformed, and H.M. favour therein will put the Provinces upon that trade and divert the woollen manufactory here in a great degree. I have inclosed the planns for the several fortifications in [?both the] Governments, with the account of ordnance and stores in them and expences severally, which I have also humbly offer'd at the Board of Ordnance in obedience to H.M. commands of Feb. 22, 1704/5. The planns are drawn by Captain Rednap and the accounts by the Master Gunners severally and I hope will [be accepta]ble to your Lordships. They were all in Caryes packetboat before that command came to me, and shall not for the future be neglected, but may miscarry by reason of the [? warr as] many of my packets have done heretofore. I am very sorry that Cary should offend your Lordships in printing those tryals [be]fore he had done his duty to offer them to your Lordships, and neglect his [duty] referring to the Prisoners sent home by him, or trouble himself about the pyrat [?es' treasure] to obtayn it for this Province, while they set so light by H.M. [?commands]. He had no other Instruction from me, nor business into England but to deliver [?Larimore] and his Lieutenant prisoners, humbly to offer my letters and to attend your Lords[hips'] comands, but with the loss of his papers, I think he lost this prudence also, and pray your Lordships not to attribute his faults to me, having no other intention in sending him but that H.M. might see my care and industry in discovering and proceeding against those ill men. I have now by H.M. command sent home to my Lord Treasurer [7]88oz. of gold, the pirates' treasure clear of charge, [and] notwithstanding in my account sent home by my last letters I charged 5 [per cent.] for myself, the double of which has been taken by other Governments, but my Lord Treasurer in his letters having assured me that he would represent my service [therein] for H.M. royall bounty, I have withdrawn that Article and not take [n one] farthing for myself for all the proceedings against the Pyrates, nor obtayning their treasure out of 40 hands, where it was hidden. I humbly referr my [self to] H.M. favour therein, and pray your Lordships' favourable represen[tation] of me that the people here may not insult that after all my service I h[ave no] benefit thereby nor countenance from H.M. therein. I lately received from the Rt. Hon. Sir Charles Hedges two new seals with H.M. commands to break the late King's seal in use hitherto in [both] the Provinces, and in a few days after I broke both those seals and disposed the [new] ones into the proper offices, and they are in use. Refers to Minutes of Council. [Mr. Allin's] widow and daughters [are] here, but his only son is in England, your Lordships will best judge whether it be [best] for his family to take up with the offer of compromise made by New Hampshire, a copy whereof I have now also in[closed, or] that they shall further proceed in law. Mr. Allen dyed the day after that compromise was offered him, and so could say nothing to it, but it is most certain there is not [one] person in the Province of New Hampshire, Councellor, Judge or Juryman, will e[ver be] found to do that title right, being so concerned in the lands of the Province. Mr. Allin had before his death appealed from the Superior Court of the Province to the Governor and Councill as the Commission directs, which Cou[rt was] to sit the day Mr. Allin was interred, I could not judge what your Lordships would direct and I did thereupon continue that Court of the Governor and Councill for six months by adjournment and have now again adjourned it to May [10th] next, untill the heir might appear to manage the appeal, but I am [sens]ible that the issue will be the same then, all the Members of the Councill being [tert]enants in the Province, and my judgement alone which I am very clear in, [hav]ing these 20 years known that matter, will avayle nothing but to give my [? own] report, which your Lordships have had better done heretofore by my Predecessors, [and] yet no advantage thereby to Mr. Mason or Mr. Allin. I hope the young Gentleman will attend your Lordships for direction, and if I may be commanded [therein] I shall faithfully attend your Lordships' orders. I pray your Lordships will [ob]tain H.M. order for the admission of Richard Waldron, Coll. Winthrop Hilton and Major Joseph Smith of the Council of New Hampshire. I did also in my last pray your Lordships' direction referring to the establishment [a]t the Castle which was done in the year 1701 by my Lord Bellomont and is [in] the Minutes of the Assembly of that time before your Lordships, I cannot [obtayn] of the Council to suffer Debenturs to be given according to that establishment, so extreamly are the Assembly and the Council set against any salary or establishment whatsoever, as your Lordships see in the papers I then sent home, [the] representatives demanding that the money pay'd by my order thereupon should be [res]tored into the Treasury; if your Lordships please to declare that establishment [to] be good untill another be made by the Goverment here and allowed by H.M., I hope that will quiet the matter, otherwise I can do nothing with them. [I] also pray'd your Lordships' direction in my last whether I might not refuse the Speaker at any time chosen by the Assembly, the Charter expressly declaring that all elections in the Assembly may be refused, but the Councill have given their votes that I may not do it, and therefore I was forc'd this year [in] May last to allow Mr. Thomas Oakes, a man of no fortune nor principles [? of] Government to serve as Speaker, otherwise if thereupon I had dissolved that Assembly, I had lost a tax 22,000l. for the warr, which the Assembly preceeding had granted and directed them to raise, if your Lordships please upon the perusall of that clause in the Charter to declare it to be in the Governour's power, I shall use it with all moderation, and not shew any uneasiness where there is not a plain reason fit to be offered to your Lordships for my so doing. Encloses an account of births for the last year, which was difficult to obtain, new villages being careless therein, and Quakers not being to be brought to register their children, the account amounts to 2,000, to which may be added 500 on the reasons aforesaid. I shall bring it to a better posture for the future [if] I may obtain a law from the Assembly therein. I did about two months since in obedience to H.M. Commission, referring to Owaneco Uncasses's complaint, travell into Connecticut Colony, with the Commissioners named, and proceeded thereupon in the best form I could, having the service of the Attorney Generall of this Province, and Mr. Minzey [Meinzies] a good lawyer, with him etc. [See Aug. 25.] We published our determination, and gave a letter to the Governour and Company of Connecticut to see Owaneco put into possession accordingly. But by the treatment we had there, I am well assured nothing will be d[one] in it by that Government; your Lordships will see in the papers the protest [against] the Commissioners, which their managers publickly read in Court by perfect [force] against my repeated commands, and then drew off at a distance and with their officers clamourly commanded all persons to withdraw, and not to attend us nor [give] evidence, and some of them boisterously pulled down the hand of a witness s[wearing] and drew him out of the Court, and the people spoke freely amongst them[selves] of seizing us at the board, as I was severall times assured, however, we proceeded [to an] issue, and nobody but the persons concerned but judge well of the proceeding, [and] are glad of H.M. royall care and favour therein. And it is certain upon the proceedings of that Government there was not one [? acre] of land left for Owaneco's tribe in the world, if the grants must take effect. I pray your Lordships to be sensible of one thing in the grant, that Goverment will offer in their answer, when they grant the last reserved lands between London and Norwich to the town of New London, to make it plausible, they have added saving to the Indians their rights, which if sincerely meant, the grant gives nothing to New London at all, every acre of their grant being the reserved lands [for] the Indians, but their intention appears, for notwithstanding the said saving, they have measured out to their Governour and Mr. Saltonstall two grants called 400 acres, which by a sworn Surveyor amounts to 1,200 acres, and if we had not proceeded, the remainder had been layd out also. There remains to perfect that matter to the Indians' just satisfaction, H.M. acceptance of the judgement and report and commands to possess them thereof, and to remove those houses, fences and incroachements, otherwise in a short time they will proceed and forget all that has been done, and those Indians must leave that place and unless I can dispose them in this Province will go over to the enimy. If your Lordships can have the leasure to go over that judgement and re[port] I have no articles that I can offer referring to that Goverment like it, being humbly of opinion that if H.M. cannot grant Commissions to hear so apparent a breach between that Government and a Tribe of independent [Indians], from whom they have purchased 5 or 6 towns, near one whole county, [and] thereby acknowledge his title to those lands, that Corporation must be be[yond] all challenge. Some of their Gentlemen offered at it to prove Owaneco no Sachem or Go[vernor], but would not proceed, the evidence of his right and government being in t[? wenty] pages of their own records, and while we were there upon the ground, Owaneco proceeded orderly in his own fort to the hearing of a murther committed by one of his own tribe upon another, and put the murderer to death within 10 miles of the Governour's residence, without any interposall or consent of that Government, which has never been allowed in the Massachusets these 60 years, but their Indian capitall offenders have been allways tryed by the Courts of the English, with a Jury de medietate linguae, notwithstanding we also acknowledge the Sachems' right to lands and purchased them justly, and have in every part strictly reserved lands sufficient for the Indians to dwell upon and manure. In obedience to your Lordships' commands upon the Articles against Rhoad Island, which I sent as commanded and have receipt for them from that Governour, I have after a very great trouble, and difficulty, obtained evidences to the severall heads, the persons giving evidence being principall persons of estates and figure in that and the other Provinces, lesser persons being afraid to be known to attend mee, alledging they cannot live in that Province in peace if it be once known they have given evidence against the Government, as Major Richard Smith was formerly pursued and prosecuted by that Government for petitioning King Charles II, the record of all that is in your Lordships' Office long since and something of it in these papers, and Capt. Eldrige, as he now informs, has been so pursued and abused for his attendance of mee with the Company under his command in the Naraganset Countrey, that he is forced to remove out of the Province 30 or 40 miles distance for his own quiet. In obedience to H.M. commands to demand assistance from the Colonyes of Rhoad Island and Connecticut, I was willing to be at the charge to send gentlemen fit to bear H.M. Letters to those Governments commanding their assistance, and to make my own expostulations thereupon, and therefore sent Coll. Byfield, Major Converse, Speaker of our Representatives, and Mr. Samuell Lynds, men of estates and loyalty, who travelled to both those Goverments and delivered H.M. Letters, and used all possible diligence to perswade the Governours severally to their duty, and alledged particularly to Connecticut Governour that for above 60 years past, when they confederated with the Massachusets for mutual defence, they were obliged to bear their proportion, the Massachusets 100 and Connecticut 60, which proportion held all the former warrs, but that they had now fayled and would be bound to nothing. This was done about 9 months since, during all which time I have had at no time less than 700 or 800 men in pay, but I solemnly protest I have never had one man nor penny from either of these Goverments either for marching or garrisoning forces, and shall give over any expectation, if some other methods agreeable to your Lordships' wisdome be not taken. It is true before that time Connecticut will alleged they have sent forces to our towns up the river of Connecticut above them, who have stay'd some time and returned. But that is only their own defence, those towns being their frontier and security, but I have not had one man for the Eastern service in the Province of Mayn, where the dint of the service is, nor have they at any time sent any manner of subsistance and ammunition for their men, nor will their men accept any Commission from me, nor obey any orders, but come and go when they please, that I can have no dependance upon them nor know their motion, nor when they draw off, and [a shew] of 100 or 200 men for 10 or 20 days, and this Province [to subsist] them, is nothing to the standing service that I have now been obliged [to for every] day for 3 years. I hope the evidences referring to Road Island will be found full in [every] Article, and my distance is greater from Connecticut, and my Lord Cornbury being their nearest neighbour I doubt not will supply that proof. I am humbly [of] opinion that the treatment of H.M. Commissioners on the Indian affairs, and their refusall to give any assistance since H.M. last commands will be enough to shew their resolutions to do as [they] please. I assure your Lordships I was at 50l. cost for the more [honou]rable delivery of H.M. letters to both those Goverments, commanding their assistance about 8 months since, and I have not obtayned one musqueteir, though I am upon my guard for 200 miles, and in my forts, garrisons and other services have necessarily ex[pended] 20,000l. this year, which is much less then the two former years have cost me, the whole charge of the three years amounting to 80,000l. I humbly thank your Lordships for the coming of the Deptford, Capt. Stukely Commander, he has performed a very good cruise as far as Port Royall, and since before the Capes of this Province and Piscataqua, and a has [sic] been us[uall] heretofore, he is now going to guard our vessells at Saltertudas, upon which the whole fishery absolutely depends, which will take him these three winter m[onths], from Dec. to March, in which time he must have otherwise layd up the ship for fear of the ice and bad weather, and run the hazard of the loss of his men. It would be a great favour if I might have one lesser, a sit-rate, to assist in the guard and cruise where the Deptford cannot be without hazard. Signed, J. Dudley. P.S.—The plan of the Castle at Boston is not sent, Col. Romer acquainting me that it is already in your Lordships' office, and cannot easily be done presently by Capt. Redknap. Major Palmes, a Gentleman of Honour and great truth, comes in this fleet and will attend your Lordships to give evidence in the Articles of Connecticut; and understands that Goverment perfectly. Endorsed, Recd. Dec. 31, 1705. Read Jan. 22, 1705/6. Edges torn. 7 pp. Enclosed,
1422. i. Proclamation by Governor Dudley. Recalling absent sailors to H.M.S. Deptford, about to sail to the West Indies. Boston, Nov. 9, 1705. Printed. 1 p.
1422. ii. Proclamation by Governor Dudley. Laying an embargo upon ships bound for Barbados or the Leeward Islands until H.M.S. Deptford be ready to convoy them. Boston, Oct. 30, 1705. Printed. 1 p.
1422. iii. Proclamation by Gov. Dudley for a General Thanksgiving on Oct. 18 for the success of H.M. arms, for the quiet and tranquillity of the past summer and the prospect of a plentiful harvest. Sept. 20,1705. Printed. 1 p.
1422. iv.–ix. A list of the causes tried in the several Courts in New England, Oct. 1704—Oct. 1705. The whole endorsed, Recd. Dec. 31, 1705. 17 pp.
1422. x. Register of births in the several towns of the Massachusetts Bay. April 5, 1704—April 5, 1705. Totals, (Counties): Suffolk, males 229, females 241; Middlesex, m. 203, f. 187. Essex, m. 231, f. 247. Hampshire, m. 91, f. 77. Bristol, m. 88, f. 92 (more for Quakers, 75). York, m. 18, f. 13. Plymouth, m. 42, f. 50. Barnstable, m. 91, f. 74. Martha's Vineyard and Nantucket, m. 22, f. 20.—Total, 2091 (given as 2071). Endorsed as preceding. 2 pp. [C.O. 5, 863. Nos. 144, 144.i.–x.; and (without enclosures) 5, 912. pp. 71–94.]
Nov. 1.
Boston.
1423. Governor Dudley to [?Mr. Secretary Hedges]. Acknowledges letters of Jan. 25, Feb. 22, April 20. Repeats part of preceding letter. We are out of danger of correspondence with the French, who are beggars, are near as, and we only pray an opportunity of some of H.M. ships to remove them from our neighbourhood, which would for ever put all the Nor[thern] Provinces to peace . . I have kept so good guard all along the frontiers this summer, that though they [French and Indians] have lookt upon every part by their scouts, they have been able to do nothing but now and then steal a straggling boy in the forrest, etc. Signed, J. Dudley. Endorsed, R. Dec. 30. 3 pp. Enclosed,
1423. i. Address of the Council and Representatives of the Massachusetts Bay to the Queen. Boston, Sept. 15, 1705. Reasons for their refusal to build a fort at Pemaquid, contribute towards the charge of Piscataqua Fort or settle fixed salarys on the Government, as above. Signed, Thomas Oakes, Speaker. 1 p.
1423. ii. Proposals for an exchange of prisoners offered by Governor Dudley to M. Vaudreville, Governor of Canada. Endorsed (? by Sir C. Hedges). Not to make any progresse in this matter. 5 pp.
1423. iii. Copy of a treaty offered by M. Vaudreville, Governor of New France, to Governor Dudley, in reply to preceding. Quebec. Oct. 20, 1705. The war between them can never redound to the glory of their sovereigns, but only to the ruin of some poor families. Proposes that all acts of hostility on either side shall cease, and that passports be given to vessels by the said Governors, etc. 9 pp. [C.O. 5, 751. Nos. 74, 74.i.–iii.]
Nov. 2.
Boston.
1424.Governor Dudley to the Council of Trade and Plantations. Encloses proofs, etc. of the Articles of Complaints relating to the irregularities of Rhode Island. Signed, J. Dudley. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. 4 pp. Enclosed,
1424. i. Governor Cranston's Receipt for the packet containing the charges against the Government of Rhoad Island. Signed, Small. Cranston. July 25, 1705. Endorsed, Recd. Dec. 31, 1705. Slip.
1424. ii. Col. Dudley's Certificate that the following affidavits were made by persons of credit, etc. Nov. 1, 1705. Signed, J. Dudley. Endorsed as preceding. 1 p.
1424. iii. Deposition of James Meinzies, Oct. 12, 1705. There are great numbers of sheep on Road Island. There has been considerable quantities of wool carried thence to the mainland yearly. 1 p.
1424. iv. Deposition of J. Meinzies. There has been sundry pyrates harboured there, as Richard Cornish, Wm. King, George Cutler, Joseph Rogers, Peter Brock, etc. The three last named are still upon the Island, and Brock present Constable of Newport. 1 p.
1424. v. Deposition of J. Meinzies. A great many persons, both marryed and unmarryed, went out of the Province [of the Massachusetts Bay] and lived in Rohade Island. Capt. Peter Laurence and Capt. Halsey taking their commissions to be private men of warr, carryed out with them a great many young men from the Massachusetts, etc. 1 p.
1424. vi. Deposition of Capt. Halsey, of Boston, Aug. 3, 1705. To man the Charles, for which he had a Commission granted him by Governor Cranston, he had 25 men from the Massachusetts Bay, out of a complement of 47. Signed, John Halsey. ½ p.
1424. vii. N. Byfield to Governor Cranston. Bristol, Aug. 18, 1703. I issued my warrant the 13th inst. for the detaching fourty able men to goe against the Indian enemy. Lt. Daniel Howland, Commander of the Militia Company in Tiverton, complains that some of his men have fled to Rhode Island, etc. Demands their return. Signed, Nathal. Byfield. Subscribed, Col. Byfield assured me he had many soldiers fled to Road Island, but never had one returned. Signed, J. Dudley. Copy. 1 p.
1424. viii. Col. Byfield to Gov. Dudley. Certifies as to the frequent running away of soldiers to Rhode Island, and the removal of people thither. Signed, Nathal. Byfield. Bristol, Aug. 30, 1705. 1p.
1424. ix. Deposition of James Meinzies. Oct. 1705. Being a practicer in the Courts in Rhode Island he was employed by Wm. Cullimore of Scituate in ye Massachusetts against one Capt. Halles, then resident at Newport, who was lawfully arrested and bail taken for his appearance at next Court. Yet the Governor at his desire (when both plaintiff and his attorney were out of the Colony) issued out his warrant upon the Saturday to call a special Court to sitt next Tuesday to determine the case. It was impossible the plaintiff could be notified and in readiness, whereupon the special Court cleared Halles, although plaintiff was always willing to have a special Court when he and his Attorney was upon the Island. 1 p.
1424. x. Extracts from the Laws of Rhode Island. Attested by Nathaniel Coddington. Boston. Aug. 7, 1705. 4 pp.
1424. xi. Deposition of James Meinzies that the Government of Rhode Island have tried sundry robberies, murders, etc., and sundry pyrates, who were thereby cleared, and the proceedings in their Courts are in sundry cases most arbitrary. 1 p.
1424. xii. List of persons tried and executed in Rhode Island, 1671–1673, for capital crimes—murder, and rape by an Indian and a Negro. Attested by Nathl. Coddington and Francis Brinley. 2½ pp.
1424. xiii. Commitment of Joseph Pemberton of Westerly. March 26, 1700. Found guilty of contempt of Court, he is bound to be of good behaviour under a penalty of 20l. till the next General Court, to pay all charges, and remain a prisoner till performed. Attested by Weston Clarke, Recorder, Francis Brinley, Peter Sanford, Nathal. Coddington. Copy. 1 p.
1424. xiv. Governor Cranston's warrant for the arrest of Joseph Pemberton, John Lewis and Edward Bliving [sic] until they give bond in 40l. each, to answer the charge against them (remonstrance of Westerly against being taxed by Rhode Island. See C.S.P. 1700. No. 580. xvi.). Copy. 1 p.
1424. xv. Copy of the petition of Joseph Pemberton to Governor Lord Bellomont. Describes his trial, March, 1700. See C.S.P.1700. No. 580. xvii. 1¼ pp.
1424. xvi. Deposition of Giles Sylvester, Counsel for Robert Munday, Chyrurgion, who was indicted for piracy at Newport, April 3, 1703. He was acquitted by the Jury, but Counsil could not obtain that he should be cleared by proclamation or in the Records, nor the restoration of his confiscated goods from the Governor or Assembly. Munday was therefore forced to depart the country in debt. Signed, G. Sylvester. 2 pp.
1424. xvii. Extract of Report of the Commissioners appointed to examine the claims to the Narragansett Country. Oct. 20, 1683. See C.S.P. 1683. Nos. 1316, 1320, and 1684. No. 1986. 1 p.
1424. xviii. Deposition of James Meinzies. Oct. 12, 1705. Notwithstanding the Law of Rhode Island appointing the Laws of England to take place in all cases where they have no Laws in the Colony to the contrary, yet he, being a practicer at their Courts, have sundry times upon particular cases been denied the benefit of the Laws of England. 1 p.
1424. xix. Extract from H.M. letter to Rhode Island, Feb., 16798/9, concerning the Narragansett Country. See C.S.P. 1679. No. 890. 1 p.
1424. xx. Further Extract from Report on the Narragansett Country. (Cf. No. xvii.) 1 p.
1424. xxi. Vote of the Assembly of Rhode Island for the arrest of Richard Smith. See C.S.P. 1679. No. 1067ff. 1 p.
1424. xxii. Minutes of Assembly of Rhode Island, Oct. 28, 1685. See C.S.P. 1685. No. 432. 1 p.
1424. xxiii. Extract from the Records of a Court of Trials. Newport, Rhoad Island, Sept. 1704. On application for an appeal to England in the cases of Elisha Hutchinson etc. v. John Foues and Aron Jacques, the Court decreed that the plaintiffs ought to have a reheareing to another Court before the appeal be granted. The Governor enters his desent. Subscribed, And further in said Colony there is no law for a rehereing possitive for either plaintiff or defendant being cast, but either may have a rehering if they please, but it is to the same judges. ¾ p.
1424. xxiv. Deposition of James Meinzies that the Government and Courts of Rhode Island have frequently refused appeals to the Crown, as in the case of Brinley v. Dyer, and Brenton v. Walley. 1 p.
1424. xxv. Deposition of J. Meinzies. When Col. Dudley published his Commission to command the Militia of Rhode Island during the war and his Commission of Vice–Admiralty [see C.S.P. 1702. No. 935], the Governor next day desired Meinzies to go to Col. Dudley and get copies thereof, which he did, and carried them to the Governor, who then refused them, whereupon, by order of Col. Dudley, Meinzies delivered them to the Governor and Magistrates of the said Colony in their publick Court which they refused to receive, but ordered the Sheriff to take them up, which he did. 1 p.
1424. xxvi. Deposition of Paul Dudley, H.M. Attorney General for the Massachusetts Bay and Advocate of the Court of Admiralty. Governor Cranston, on June 5, in reply to Nath. Byfield, Judge of the Court of Admiralty, complaining of his granting a commission to Capt. Halsey, a privateer, after the receipt of H.M. commands to the contrary, replied that the General Court were all of opinion that H.M. commands did not restrain him from granting concessions for privateers, and that their Charter granting them power of Vice-Admiralty, he was determined to exercise it, and grant such Commissions, until their Charter was actually and wholly taken away; and that they would not part with their powers or Government by piecemeal, but would die all at once, and that they had parted with too many of their priviledges already. Signed, Paul Dudley. Aug. 15, 1705. ¾ p.
1424. xxvii. Deposition of Capt. Eldredg [Eldridge] of Stonington. After Gov. Dudley had published his Commission [see above, No. xxv and C.S.P. 1702, No. 935], deponent, in obedience to his orders, had in readiness 120 men next day to be reviewed by H.E. But in the interim the Governor of the Colony came over with some of the Council, and then not only showed his displeasure against deponent by using threatening words against him for his readiness to obey H.E. commands, and ever thereafter untill he was forced to live [? leave] the Colony and cary away his whole family. Signed, Danll. Eldredg. Stonnington, Aug. 24, 1705. 1 p.
1424. xxviii. Deposition of J. Meinzies. The Government of Rhode Island have refused to submit to H.M. and H.R.H. Commissions of Vice-Admiralty and for commanding their Militia, except that at some times they allowed of and submitted to a Judge of the Admiralty for condemnation of prize ships only. 1 p.
1424. xxix. Copy of Governor Easton's Commission to Nathl. Coddington to command a company at Newport, June 26, 1694. Signed, John Easton. 1 p.
1424. xxx. Minutes of Assembly of Rhode Island, June 19, 1705. The Governor has power to grant commissions to privateers, etc. 1¼ pp.
1424. xxxi. Copy of Governor Cranston's Commission to Capt. Halsey to command the Charles privateer. Signed. Samll. Cranston. Nov. 7, 1704. 1½ pp.
1424. xxxii. Act of Assembly of Rhode Island, June 19, 1705. Only soldiers in train-bands who are freemen of their respective towns or freemen of the Colony shall have a vote for the election of their officers, etc. 1 p.
1424. xxxiii. Deposition of J. Meinzies as to Major Martindale's action. See C.S.P. 1702. No. 935.
1424. xxxiv. Memorial by Governor Dudley as to the action of Rhode Island in regard to his Commission of Militia [See C.S.P. 1702. Nos. 935, 966], and the case of Lawrence and Blew [see C.S.P. 1703. No. 673]. Signed, J. Dudley. Boston, Oct. 29. 1702. 1½ pp.
1424. xxxv. Deposition of Members of Council of the Massachusetts Bay that when Governor Dudley published his Commissions of Militia and Vice-Admiralty before the Governor and Council of Rhode Island, he was sworn, though not without opposition, Mr. Walter Clarke, Dep. Governor, publickly expressing himself that they were insnared and injured, etc. (see C.S.P. 1702, No. 966). Confirm preceding. Signed, John Hathorne, John Walley, Penn Townsend. ¾ p.
1424. xxxvi. Deposition of James Meinzies, that the Quakers by their interest in the Government of Rhode Island will not admit of any persons of estate or ability into any places of publick trust. 1 p.
1424. xxxvii. Deposition of N. Coddington. Newport, July 31, 1705. The way of making freemen in Rhode Island. Any person born in the Colony in any town, at the age of 21, if his real estate be worth 20l. or 30l. a year, or more or less, is not admitted to have any voat in their town meetings without he petitions to be admitted a freeman, and if by the major vote in the town-meeting he be admitted, then record is made thereof, then he may have a voat on that town concerns. The names of such freemen is once a year returned to the Assembly, and if they see cause then they are admitted freemen of the Colony and may vote for general officers. Often such are made freemen of the towns and Colony that hath no vissable estate, being only to make partys to voat on combinations for choice of town and publick officers as will suit their interest, and of late they have combined together to take away the rights and propertys of several persons' lands in several towns and from such that have had and made the natives purchas right, and this contrivance have been by some of they freemen so made; and such as gave great sums for said lands and have settled part of them for 40 years, there have been partys made to take away such persons' lands, although they acters [?] they can give no account they have on any pretence of clame to any right of the soyl by buying with them as bought it of the natives, or gift, or any other way, only they will cry out, Wee are freemen of the Colony. Signed, Nathll. Coddington, Assist. 1 p.
1424. xxxviii. Deposition of James Meinzies as to the case of Lawrence and Blew (see C.S.P. 1703. No. 673). 1 p.
1424. xxxix. Deposition of part-owners of the privateers Charles, and Hannah and Mary, commanded by Capt. Peter Lawrance and Capt. John Blew. Confirm preceding. Signed, Cha. Chambers, Saml. Phillips. Boston, Oct. 31, 1705. 2½ pp.
1424. xl. Deposition of J. Colman. Boston, Aug. 10, 1705. Confirms preceding. Signed, John Colman. 1 p.
1424. xli. Governor and Company of Rhode Island to Governor Dudley. Newport, Dec. 28, 1704. Concerning the Quota.
1424. xlii. Duplicate of Governor Cranston to Governor Dudley. Feb. 28 [1705].
1424. xliii. Duplicate of Governor Dudley to Governor Cranston, March 8, 1705.
1424. xliv. Certificate by Governor Dudley that the affidavits to prove the charges against Connecticut are made by persons of repute and veracity, etc. Signed, J. Dudley. Boston, Nov. 9, 1705. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. ¾ p.
1424. xlv. Governor Winthrop to Governor Dudley. New London. Acknowledges receipt of charges against Connecticut. Aug. Signed, J. Winthrop. Holograph. 1 p.
1424. xlvi. Report of Commissioners for assistance in the war to Governor Dudley. Boston, Dec. 28, 1704. We met the Governor and Council of Road Island, Dec. 11, who, after we had delivered H.M. commands to them, declared they had not above 1,200 men in that Colony, and urged the necessity of keeping them at home, and mentioned Block Island as a place in danger. We had much discourse as to the distress of H.M. subjects in the Massachusets Baye in this time of war, and that without the assistance of the neighbouring Governments, we should not be able to secure the Province. Upon which they declared that a just list ought to be taken on both sides and according to their numbers and estates they did think they ought to bare a just proportion, but could not consent to anything without the advice and determination of the Generall Court, which they promised to call for the 27th and give an acct. to your Excellency. We waited on the Governor and Council of Conecticoate at New London, Dec. 15, and delivered H.M. commands. Next day the Governor appointed Capt. Gold, Mr. Pittkin, Major Whiteing and Mr. Elliott to treat with us. They told us that in Sir William Phips' time there was an adjustment made between the two Governments, when the Massachusets were allowed to have 15,000 men and Conecticoate 3,000. We shewed forth our numbers, amounting to but 7,750 men; they alledged that they had but 3,200; they would not allow that they ought to bare a just proportion according to numbers, for that the opposeing the enemie is more our immediate interest then theirs, though we heard no argument to make that out. We told them that ye subsisting must be performed by them for the men they send out, to which they were very aversed; we then tould them for a present supply, there being an accot. of 800 men comeing over the lake, if they would send 200 men to West Hampshire and subsist them, or 300 to be subsisted by the Massachusets, and have 2 or 300 ready to march upon notice of that County being attacked, or approach of the enemie, that might be sufficient at this time. Then we had discourse about your Excellency giving all orders to the officers during their continuance within these Governments, to which their answer was that they had ye last year, and should for the future give orders to their officers to follow the direction of the Cheife Millitary Officer upon ye place and that he preside in all their Councils, but to commissionate and call home did of right belong to them; and after much time spent in debate, they said the utmost they could doe was to send 150 men to West Hampshire, but they could not subsist them. We tould them we had possitive orders not to consent to ye subsisting of their men, and that there must be a greater number of men to secure that country, which is the barrier between them and the enemie. After another day spent in discourse, they tould us they had determined to raise 200 soldiers and send them to West Hampshire with all speed, and would give orders that the soldiers belonging to the Towns next unto West Hampshire should march to their assistance upon news of the approach of an enemie, but all men they should send must be subsisted by the Government of the Massachusets Bay. We acquainted the Governor and Council that there was great waste made of the ammunition by the souldiers they had sent out, and that it was most reasonable they should be supplied by them, which they consented to. Signed, Nathal. Byfield, Jams. Converse, Samuel Lynde. 2 pp.
1424. xlvii. Deposition of Nicholas Hallam, of New London. He was present in a Court of Assistant, Hartford, Connecticot, May, 1700, when, in a cause concerning the Liveen, Major Edward Palmes and John Hallam v. John Winthrop, Rd. Christophers, and Samuel Fosdicke, the jury found for defts. Deponent heard two of the jury, Capt. Aaron Cooke, foreman, and Lt. Hallestar, say that if they could have had the liberty of the Laws of England, they must have brought in their verdict for Palmes and Hallam, but being sworn to the Laws of this Colony, and there being no laws of sd. Colony to allow that one Executor could act without all, they brought in their verdict for defts. He asked them to give that under their hands; they answered, if they should do so, they should be looked upon to be disaffected with the Governmt. for they saw it plainly that any person that gives any thing under their hand concerning any thing touching the Governmt. was looked upon to be enemys to said Governmt. Signed, Nicholas Hallam. Boston, Nov. 9, 1705. ¾ p.
1424. xlviii. Deposition of Major James Fitch, of Hainfield, Connecticut, and Capt. Samuel Mason, New London, that they heard Major Edward Palmes and Nicholas Hallum, upon being cast as in preceding, demand an appeal for England, but they were denyed, Governor Winthrop saying, I (or we) will grant no appeals for England, but I will dispute it with the King, for if we should allow appeals, I will not give a farthing for our Charter. Sworn before Governor Cranston, July 10, 1703. A true copy, G. Sylvester. 1 p.
1424. xlix. Deposition of Giles Sylvester that on Aug. 25, 1705, at the house of Joseph Saxton, of Stonington, Robert Lord said that if he had appeared before H.M. special Court determining the Owaneco affair, he could show such papers as would defend him in his possession of his land, but the Govermt. had forbidden him to appear. Deponent replied, then he respected the Govermt. of Conecticutt above ye Queen's Majesty's Commission. Lord made answer that he was a freeman of Conecticutt Colony, and by ye oath of his freedom he was obleidged to observe ye orders of ye Govermt., which if he should doe otherwise, he should be guilty of ye breach of his oath, and consequentially, as he was informed, be out of ye protection of ye said Govermt. Signed, G. Sylvester. Aug. 27, 1705. 1 p.
1424. 1. Deposition of Nicholas Hallam. Boston, Nov. 7, 1705. At a County Court action, New London, 1705, Oliver Manwening, administrator of the estate of Saml. Raymond, New London, v. Capt. Thomas Avery, the defendant pleaded the law of England in bar of the action. The Court denied him the benefit of the Laws of England, etc. Signed, N. Hallam. 1 p.
1424. li. Deposition of Col. Partridge, Boston, Oct. 29, 1705. Appointed by Governor Dudley to make applications to Governor Winthrop for a supply of men to be posted in the frontier towns, I did so from tyme to tyme, especially when we expected an assault by the enemy upon some of sd. towns, and from Feb. to Oct. 1705, I could obtaine no reliefe. Signed, Samll. Partridge. 1 p.
1424. lii. Copy of Order of the Assembly of Connecticut, Newhaven, Oct. 11, 1705. Appointing a Committee (the Governor, with Capt. Nathan Gold, Peter Burr, Rev. Timothy Woodbridge, Rev. Mr. Pierpoint, Capt. Cyprian Niccolls, Capt. Abraham Fowler, and the Secretary, Eleazar Kimberley), to inquire into the supposed wrongs of Owaneco, etc. Endorsed, Since H.M. Commissioners sitting; Owaneco refused attendance. 1 p.
1424. liii. Warrant to Owaneco to attend above Committee. New London, Oct. 29, 1705. Signed, Eleazer Kimberly. Endorsed, To which he answered he had been heard by H.M. Commissioners, who he was sure would do him right, and he had nothing with their Govermt. Signed, J. Dudley. Copy. 1 p.
1424. liv. Copy of the complaint of some inhabitants of New London to the General Assembly against the Minister, Mr. Saltonstall, and his maintenance, etc. May 9, 1700. Signed, Edward Palmes and 70 others. 4 pp.
1424. lv. N. Coddington to Governor Dudley. Newport, Nov. 9, 1705. Recapitulates the difference about the Narraganset Country. H.M. Commissioners have been abominably abused. Everything is in confusion there. Some persons here have been put under bonds for petitioning H.M. and others fined and thrown into gaol for onely asserting their rights to land in the Colony, others apprehended and threatened the gaol onely for desireing that their deeds of claim of native right might be seen into, and prohibitions set up forbidding several persons to assert their right to those lands as these vagrant persons are settled on; and if any petition to H.M. in Council for relief, they are threatened to have their estates taken away, as hath been before, and now on such a petition within this two months, so that the mouths of everyone must be stoped, etc. Signed, Nathl. Coddington. Endorsed, Recd. Dec. 31, 1705. Addressed. 3½ pp. [C.O. 5, 1263. Nos. 57, 57.i.–lv.]
[Nov. 2.]1425. Copy of Charter of Philadelphia, 1701. [See C.S.P., 1702. No. 782, and 1702–3. No. 15.i.] Endorsed, Recd. 2nd, Read Nov. 7, 1705. 8 pp. [C.O. 5, 1263. No. 37.]
Nov. 2.
Treasury Chambers.
1426. Mr. Lowndes to Mr. Popple. My Lord Treasurer transmits enclosed to be laid before the Council of Trade and Plantations. Signed, W. Lowndes. Endorsed, Recd. 3rd, Read Nov. 8th, 1705. ½ p. Enclosed,
1426. i. Mr. Secretary Hedges to the Lord High Treasurer. Whitehall, Oct. 27, 1705. Encloses following. Signed, C. Hedges. 1 p.
1426. ii. Extract of Letter from Governor Seymour to Sir C. Hedges, July 3, 1705 (q.v.), relating to want of arms, Attorney General's salary, etc. 4 pp.
1426. iii. Governor Seymour's Scheme for preventing abuses in the Plantation Trade. All tobacco to be brought to 5 ports only in the province by April 20 yearly. [See July 3.] Maryland, June 26, 1705. Endorsed, Oct. 31, 1705. 6½ pp. [C.O. 5, 715. Nos. 91, 91.i.–iii.; and (without enclosures) 5, 726. p. 322.]
[Nov. 2.]1427. R. Lillington to the Council of Trade and Plantations. By reason of several defects. misresitalls and imperfections, the Order of Council, Oct. 26, is ineffectual, and is not drawn up by the Clerk of the Counsell agreeable with your Lordships' report or H.M. directions thereupon. Prays for a copy of said report. Signed. Roger Lillington, on behalf of George Lillington. Endorsed, Recd. Read Nov. 2, 1705. ¾ p. [C.O. 28, 9. No. 19. a.]
Nov. 2.
Whitehall.
1428. Mr. Secretary Hedges to Lt. Governor Bennet. H.M. has been pleased to remit the fine sett upon Lt. Henley. You are to assist him and his family in their return home and allow him his pay to July 1st last. Signed, C. Hedges. [C.O. 324, 30. pp. 46, 47.]
[Nov. 2.]1429. Copy of the Charter of Priviledges to the People of Pennsylvania granted by William Penn, Oct. 28, 1701. [See C.S.P., 1702. No. 782.] William Penn, Proprietary and Governour of the Province of Pennsylvania and Territories thereunto belonging to all to whom these presents shall come sendeth Greeting.
Whereas King Charles II by his Letters Patents under the Great Seal of England bearing date March 4, 1680, was graciously pleased to give and grant unto mee, my heirs and assigns forever, this Province of Pennsilvania with divers great powers and jurisdictions for the well governing thereof, And Whereas the King's Dearest Brother, James Duke of York and Albany etc., by his Deeds of Feeofment under his hand and seal duely perfected bearing date Aug. 24, 1682, did grant unto mee, my heirs and assigns, all that Tract of Land now called the Territories of Pensilvania, together with powers and jurisdictions for the good Government thereof, And Whereas for the encouragement of all the Freemen and Planters that might be concern'd in the said Province and Territories and for the good Government thereof, I the said William Penn in 1683, for mee, my heirs and assigns did grant and confirm unto all the Freemen, Platers and Adventurers therein divers Liberties, Franchises and Properties as by the said Grant, entituled the Frame of the Government of the Province of Pensilvania and Territories thereunto belonging in America, may appear, which Charter or Frame being found in some parts of it not so suitable to the present circumstances of the Inhabitants was in the third month in the year 1700 delivered up to mee by six parts of seven of the freemen of this Province and Territories in Generall Assembly mett, provision being made in the said Charter for that end and purpose, and Whereas I was then pleased to promise that I would restore the said Charter to them again with necessary alterations or in lieu thereof give them another better adapted to answer the present circumstances and conditions of the said Inhabitants, which they have now by their Representatives in General Assembly mett at Philadelphia requested mee to grant, Know yee therefore that for the further well-being and good Government of the said Province and Territories, and in pursuance of the rights and powers before-mentioned, I the said William Penn doe declare grant and confirm unto all the freemen, planters and adventurers [mett at Philadelphia requested mee to grant, Know yee therefore that for the further well-being and good Government of the said Province and Territories, and in pursuance of the rights and powers before-mentioned, I the said William Penn doe declare, grant and confirm unto all the freemen, planters and adventurers] and other inhabitants in this Province and Territories these following Liberties, Franchises and Priviledges so farr as in mee lyeth, to be held, enjoyed and kept by them forever. First, because no people can be truely happy though under the greatest enjoyments of civil Liberties if abridged of the freedom of their consciences as to their religious profession and worshipp, and Almighty God being the only Lord of Conscience, Father of Lights and Spirits and the Author as well as object of all divine knowledge, faith and worshipp, who only can enlighten the mind and perswade and convince the understandings of people, I do hereby grant and declare that no person or persons inhabiting in this province or Terrs. who shall confesse and acknowledge one Almighty God the Creator, Upholder and Ruler of the World, and professe him or themselves obliged to live quietly under the Civil Government shall be in any case molested and prejudiced in his or their person or estate because of his or their conscientious perswasion or practice, nor be compelled to frequent or maintain any religious worshipp, place or ministry contrary to his or their mind, or to doe or suffer any other Act or Thing contrary to their religious perswasion, And that all persons who also professe to believe in Jesus Christ the Saviour of the world shall be capable (notwithstanding their other perswasions and practises in point of conscience and Religion) to serve this Government in any capacity both legislatively and executively, he or they solemnly promiseing when lawfully required allegiance to the King and Sovereign and ffidelity to the proprietary and Governour auld [? and] takeing the attests as now established by the Law made at Newcastle, 1700.
Secondly, for the well governing of this Province and Territories, there shall be an Assembly yearly chosen by the Freemen thereof to consist of four persons out of each county of most note for virtue, wisdom and ability (or of a greater number at any time as the Governour and Assembly shall agree, upon the first day of October forever, and shall sitt on the 14th day of the said month in Philadelphia, unless the Governour and Council for the time being shall see cause to appoint another place within the said Province or Territories, which Assembly shall have power to choose a Speaker and other their Officers, and shall be judges of the qualifications and elections of their own members, sitt upon their own adjournments, appoint Committees, prepare Bills in order to pass into Laws, impeach criminals and redress grievances, and shall have all other powers and priviledges of an Assembly, according to the rights of the freeborn subjects of England, and as is usual in any of the King's Plantations in America, And if any County or Counties shall refuse or neglect to choose their respective Representatives as aforesaid, or if chosen doe not meet to serve in Assembly, those who are so chosen and mett shall have the full power of an Assembly in as ample manner as if all the Representatives had been chosen and met, provided they are not less then two thirds of the whole number that ought to meet, And that the qualifications of Electors and Elected and all other matters and things relateing to Elections of Representatives to serve in Assemblies, tho' not therein particularly expressed, shall be and remain as by a Law of this Government made at Newcastle, 1700, entituled an Act to ascertain the number of Members of Assembly and to regulate Elections. Thirdly, that the Freemen in each respective County at the time and place of meeting for electing their Representatives to serve an Assembly may as often as there shall be occasion choose a double number of persons to present to the Governour for Sheriffs and Coroners to serve for three years, if they so long behave themselves well, out of which respective elections and presentments the Governour shall nominate and commissionate one for each of the said offers [? offices] the third day after such presentment, or else the first named in such presentment for each office as aforesaid shall stand and serve in that office for the time before respectively limitted, and in case of death and default such vacancies shall be supplyed by the Governour to serve to the end of the said terme, Provided allways that if the said Freemen shall at any time neglect or decline to choose a person or persons for either or both ye aforesaid Offices, then and in such case the persons that are or shall be in the respective offices of Sheriffs or Coroner at the time of election, shall remain therein untill they shall be removed by another Election as aforesaid, And that the Justices of the respective Counties shall or may nominate and present to the Governour three persons to serve for Clerke of the Peace for the said County when there is a vacancy, one of which the Governour shall commissionate within ten days after such presentment, or else the first nominated shall serve in the said office dureing good behaviour. Fourthly, that the Laws of this Government shall be in this stile, viz. [By the Governour with the consent and approbation of the Freemen in General Assembly mett] and shall be after confirmation by the Governour forthwith recorded in the Rolls Office, and kept at Philadelphia unless the Governour and Assembly shall agree to appoint another place. Fifthly, that all criminals shall have ye same priviledges of witnesses and Councill as their prosecutors. Sixthly, that no person or persons shall or may at any time hereafter be obliged to answer any complaint, matter or thing whatsoever relateing to property before the Governour and Council, or in any other place but in the ordinary Courts of Justice, unless appeals thereunto shall be hereafter by Law appointed. Seventhly, That no person within this Government shall be licensed by the Governour to keep Ordinary, Tavern, or house of public Entertainment but such who are first recommended to him under the hands of the Justices of the respective Counties signed in open Court, which Justices are and shall be hereby impoured to suppress and forbid any person keeping such publick house as aforesaid upon their misbehaviour on such penalties as the Law doth or shall direct, and to recommend others from time to time as they shall see occation. Eighthly, If any person through Temptation or melancholly shall destroy himself, his estate reall and personal shall notwithstanding descend to his wife and childred or relations as if he had dyed a natural death, and if any person shall be destroyed or killd by casualty or accident, there shall be no forfeiture to the Governour by reason thereof. And no act, law or ordinance whatsoever shall at any time hereafter be made[r] or done to alter, change or diminish the form or effect of this Charter or of any part or clause therein contrary to the true intent and meaning thereof, without the consent of the Governour for the time being and six parts of seven of the Assembly mett. Butt because the happiness of mankind depends so much upon enjoying of liberty of their consciencies as aforesaid, I do hereby solemnly declare, promise and grant for mee, my heirs and assigns, that the first Article of this Charter relating to liberty of conscience and every part and clause therein according to the true intent and meaning thereof shall be kept and remain without any alteration inviolably forever. And lastly I the said William Penn, Proprietary and Governour of the Province of Pensilvania and Territories thereunto belonging for myself, my Heirs and Assigns, have solemnly declared and granted and confirmed and doe hereby solemnly declare, grant and confirm that neither I my Heirs or Assigns, shall procure or doe any thing or things whereby the Liberties in this Charter contained and expressed nor any part thereof shall be infringed or broken, and if anything shall be procured or done by any person or persons contrary to these presents, it shall be held of no force or effect, In Witness whereof I the said William Penn at Philadelphia in Pensilvania have unto this present Charter of Liberties sett my hand and broad seal this 28th day of October in the year of our Lord 1701, etc. And notwithstanding the Closure and Test of this present Charter as aforesaid, I think fitt to add this following provisoe thereunto as part of the same, That is to say that Notwithstanding any Clause or Clauses in ye above-mentioned Charter obliging the Province and Territories to joyne together in Legislation I am content and doe hereby declare that if the Representatives of the Province and Territories shall not hereafter agree to joyne together in Legislation, and that the same shall be signified to mee or any [? my] Deputy in open Assembly or otherwise from under the hands and seals of the Representatives (for ye time being) of the Province or Territories, or the major part of either of them any time within 3 years from the date hereof, that in such case the inhabitants of each of the Three Counties of this Province shall have not less then 8 persons to represent them in Assembly for the Province and the inhabitants of the Town of Philadelphia (when the said Town is incorporated) two persons to represent them in Assembly, and the inhabitants of each County in the Territories shall have as many persons to represent them in a distinct Assembly for the Territories as shall be requested by them as aforesaid, Notwithstanding which separation of the Province and Territories in respect of Legislation, I doe hereby promise, grant and declare that the Inhabitants of both Province and Territories shall separately enjoy all other Liberties and Priviledges and Benefits granted joyntly to them in this Charter, any Law, Usage or Custome of this Government heretofore made and practised, or any Law made and passed by this Generall Assembly to the contrary hereof notwithstanding. Signed, William Penn. Edwd. Shippen, Phineas Pemberton, Saml. Carpenter, Griffith Owen, Caleb Pusey, Thomas Story, Proprietary's and Governor's Councill. Subscribed. This Charter of Priviledges being distinctly read in Assembly, and the whole and every part thereof being approved of and agreed to by us, wee do thankfully receive ye same from our Proprietary and Governour at Philadelphia, Oct. 28, 1701. Signed, in behalf and by order of ye Assembly, Jos. Growden, Speaker. A true copy, James Logan, etc. Endorsed, Recd. 2nd, Read Nov. 7th, 1705. 4 large pp. [C.O. 5, 1263. No. 38.]
Nov. 3.
Whitehall.
1430. Mr. Secretary Hedges to the Council of Trade and Plantations. In reply to letter of Oct. 29 concerning Mr. Dummer's advertisement and the Spaniards. I desire you would let me know whether you can think of any method for doing it privately. Signed, C. Hedges. Endorsed, Recd. Read Nov. 7, 1705. 1 p. [C.O. 323, 5. No. 90; and 324, 9. p. 114.]
Nov. 3.
Boston.
1431. Governor Dudley to the Council of Trade and Plantations. The enclosed are copys of the accompts sent to my Lord Godolphin of the gold etc. taken from Capt. Quelch etc. [See Nov. 1, etc.] Signed, J. Dudley. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. ½ p. Enclosed,
1431. i. Copies of accounts referred to in preceding. The whole endorsed, Recd. Dec. 31, 1705. 4 pp. [C.O. 5, 863. Nos. 145, 145.i.–iv.]
Nov. 3.
Boston.
1432. Governor Dudley to the Council of Trade and Plantations. Enclosing following. Signed, J. Dudley. Endorsed, Recd. Dec. 31, 1705. Read Feb. 28, 1706/7. Addressed. Sealed. ½ p. Enclosed,
1432. i. Proposal of the Representatives and Freeholders of New Hampshire to Samuel Allen. Portsmouth, May 3, 1705. They make no claim to any part of this Province extra ye bounds of ye four towns of Portsmouth, Hampton, Dover and Exeter, with ye hamlets of Newcastle and Kingstown appertaining, which are all comprehended by a line of ye western part of Dover, Exeter and Kingstown, already layd out, and to be forthwith revised. Allen, his heirs etc. may peaceably enjoy the great waste, 40 × 20 miles or thereabouts at ye heads of ye towns aforesaid. So far from giving interruption to the settlement thereof, the inhabitants of this Province desire by all means that ye sd. waste be planted etc., and will give all encouragement. If Allen quit all claim etc. to the land within the towns aforesaid, and this agreement be confirmed by H.M., we agree to lot and lay out unto him and his heirs 500 acres out of the townships of Portsmouth and Newcastle, 1500 out of the township of Dover, 1500 out of the townships of Hampton and Kingstown, and 1500 out of the township of Exeter. Also to pay to him, his heirs etc., 2,000l. currt. money of New England, i.e. 1,000l. within 12 months, and the other 1,000l. within 12 months after the first payment. And further, that all contracts between Mr. Mason or Allen with any the inhabitants or other H.M. subjects, which are bona fide for land or other priviledges in the possession of the tenants in their own just right, besides the claim of Mr. Mason or Mr. Allen, and no other shall be accounted valid etc., etc. If Mr. Allen agree, pray the Governor to lay these articles before H.M. etc. Signed, John Pi[c]kerin, Saml. Keais, Sam. Levett, Saml. Thing, Thos. Rhobie, Nathl. Hill, Wm. Cotton, Wm. Wallis, Wm. Furber, Wm. Seavy, Gershom Elkins, Saml. Shaw, Wm. Partridge, Richard Waldron, Thos. Phipps, Jno. Tuttle, Kinsley Hall, Theophilus Dudley, John Stanyan, Theodore Atkitson, Saml. Dow, John Brackill, Thomas Philbrick, Jona. Sacbun. Endorsed, Recd. Dec. 31, 1705. 2¾ pp.
1432. ii. Account of Ordnance and Stores of War at Boston, Salem, Marblehead and Newcastle. March—Sept., 1705. Endorsed as preceding. 12¼ pp. [C.O. 5, 864. Nos. 96–110; and (without enclosures) 5,912. pp. 263, 264.]
Nov. 3.
St. Xphers.
1433. Lt. Governor Johnson to the Council of Trade and Plantations. In reply to letter of Aug. 30 (q.v.). We never proceed by any laws that are not confirmed, except such as lye before H.M. for the royall assent, copies of which I shall send your Lordships per next, with the laws of all the Islands. As to the list of those Acts your Lordships sent me, my indisposition of being seized with a violent malignant feaver (in going to visitt two Leeward Islands, Anguilla and Spanish Town, the first haveing 100 men and the other 61, to see what condition they were in), which lasted me 23 days without intermitting, oblidg'd me to stay at St. Christopher's, being uncapable to goe to Nevis, where all my papers are, which makes me unable to give your Lordships soe perticular an account. I believe, though am not very certain that in 94 and 95 there was a General Councill and Assembly held att Antigua, and those laws made there then are laws for the Islands in generall, and the custome is att ye breaking up of such Generall Assemblys the Representatives of each Island carry all such Acts as are there made to their respective Islands, there to be recorded, which is all the explanation I can give your Lordshipps att present, and when your Lordpps. receive the laws from the other Islands, your Lordshipps will find the same laws in every of the Islands. Per next shall write more fully upon this and other matters, and as soon as I am a little better recovered from my indisposition shall visit all the Islands and see everything done in pursuance to your Lordshipps' Instructions in collecting the laws. Signed, Jon. Johnson. Endorsed, Recd. Jan. 10, Read April 8, 1706. 2 pp. [C.O. 152, 6. No. 39; and 153, 9. pp. 322–324.]
Nov. 3.
St. Christophers.
1434. Lt. Governor Johnson to Sir C. Hedges. Acknowledges letter of Feb. 22 and July 12. H.M. Order never came to my hands till now, having been to visit Anguilla and Spanish Town etc. Repeats parts of preceding. Will send accounts of stores and Admiralty tenths etc. What your Honours writes concerning Governor Yeamans, I am afraid his character was not presented as he deserves; for he is a man of a loyall and just principall, of a solid judgment and of integrity to H.M., who always bore a just and good character, one of a plentifull estate and well educated; 3 or 4 year agoe he had leave to goe home where he had the honour of kissing the Queen's hand and was recommended to H.M. by severall worthy gentlemen, and should I goe to look for a man in all the Islands to succeed him, could not find a man soe fitting. But [that] Sir W. Mathew brought some friends with him wch. he was resolved to preferr that in a little time wee should have all had the same character Governor Yeamans had. Signed, Jon. Johnson. Endorsed, R. Jan. 10. 3 pp. [C.O. 239, 1. No. 8.]
Nov. 3.
Boston.
1435. Governor Dudley to Mr. Popple. Refers to letters of Nov. 1 and 3 and enclosures. You will please to lay before their Lordships the Address of the Assembly etc., that they be not surprised with it etc. Signed, J. Dudley. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. Holograph. 1½ pp. Enclosed,
1435. i. Governor Dudley's Address to the Assembly of the Massachusetts Bay. [Sept., 1705.] When I parted from you last I had no intention to have seen you upon this prorogation, but to have left the ordinary affairs of the Goverment to the usual time of your setting nearer the winter, but upon the receipt of H.M. gracious Letters, which I have now to lay before you, I judge the present Session absolutely necessary. H.M. commands are not new, but such as I brought with me at my arrivall. Refers to former proceedings as to rebuilding Pemaquid, assisting the fortification at Piscataqua River and setling salaries. Repeats H.M. letter of Jan. 25. After all the royal favours and protection we have had from H.M., these are the only commands that have bin given us, and our neglect and disobedience therein will be attended with very just resentments. I very well know that it may be easily objected that the Province is at great charge in the present warr, but I must as well remember you that these commands were given us in peace before the troubles began, when there was no such objection to be offered, and our just obedience to H.M. is the nearest method that I know of to procure the favour of Almighty God to restore us peace and put us into a capacity to obey H.M. commands in greater things than these. I desire and direct that in this Session you proceed to the consideration of H.M. letter, and I shall meet the Assembly in another Session in the usual season about a month hence, to which all affairs depending shall be referred. And this Assembly will give me their answer, and I hope remember to Address H.M. with their humble thanks for the great encouragement given to the importation of Navall Stores by the Acts of Parliament, and H.M. royal bounty in the cannon bestowed upon us, in all which I shall be glad to assist etc. Endorsed, Recd. Dec. 31, 1705. 1½ pp.
1435. ii. Reply of the Representatives of the Massachusetts Bay to Governor Dudley. Sept. 11, 1705. (1) As to the building of a fort at Pemaquid, we are humbly of opinion that H.M. hath received misrepresentations concerning the necessity and usefulness of a Fort there. Recapitulate Address to H.M. March 27, 1703. (Cf. C.S.P., 1703. No. 1266.) We did therefore at our Session in February last joine with the Council in making our humble Address to H.M. upon the affair aforesaid, which we hope some time since hath arrived to H.M. favourable acceptance. In which was inserted the insupportable charge of the war, which has cost us not less than 80,000l., the greatest part whereof is still unpaid. We would now further suggest that ye Fortification at Casco-Bay, which in the first intention of it was designed only as a cover to a small Traiding House erected there at the request of the Eastern Indians, is now very much enlarged, demanding a great expence for the support thereof, and is seated near the extents of the former settlements and plantations of the English within this Province, and considerably beyond any of the present English dwellings. Which reasons we humbly hope will render us excusable for not building a Fort at Pemaquid. (2) As to contributing to the charge of Piscataqua Fort, the Fort in that Province has been built several years past, when it was not desired or thought necessary that this Province should assist them therein. The late reform and reparations made of the same stands that whole Province about the sum of 500l., which doth not amount to the quota of several particular towns within this Province towards the charge of the war within the compass of one year. And all the navigation and trade of this Province comeing down Piscataqua River have been charged with a considerable duty towards the support of that Fort. And this Province hath always afforded such guards as were needful for their haling of masts, timber etc. for H.M. service, whilst the principal benefit of that trade has accrued to that Province, and they have never contributed anything to the charge of our forces, forts and garrisons or guards by sea, that are as great a safety and defence to them as to ourselves. But the public charge of that Government has been much less proportionably than the charge of this. Which beeing considered, we hope no assistance will be expected from us, towards the charge of the said Fort. (3) The circumstances of this Province as to our ability to support the Government are at times so different that we fear the settling of fixed salaries will be of no service to H.M. interests, but may prove prejudicial to H.M. good subjects here, etc., as C.S.P., 1703. p. 813.
Upon the foregoing heads we propose to address H.M., and with our humble thanks for her royal bounty, wherein we hope the Councill will joyne with us, and that your Excellency's favourable influence will not be wanting thereto. Signed, Thomas Oakes, Speaker. Endorsed, Recd. Dec. 31, 1705. Copy. 2½ pp.
1435. iii. Address of the Council and Representatives of the Massachusetts Bay to the Queen. Return hearty thanks for the gift of 20 cannon, "and for the good assistance your Majesty has been pleased to afford us in sending the Deptford frigatt in our time of need, when our coast has been infested with French privateers."Offer reasons as in preceding for not building a fort at Pemaquid, contributing towards the Fort at Piscataqua River, or settling salaries. 3 pp. [C.O. 5, 863. Nos. 146, 146.i.–iii.; and (without enclosures) 5, 912. pp. 96–99.]