America and West Indies
November 1705, 21-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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709-724

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'America and West Indies: November 1705, 21-30', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 709-724. URL: http://www.british-history.ac.uk/report.aspx?compid=73700 Date accessed: 22 August 2014.


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November 1705, 21-30

Nov. 21.1464. W. Popple, jr., to Paul Docminique. The Council of Trade and Plantations enclose extract of letter from Lord Cornbury, Feb. 19, relating to Mr. Morris, and desire to speak with you. [C.O. 5, 994.A. pp. 252, 253.]
Nov. 21.
Whitehall.
1465. Council of Trade and Plantations to the Queen. Recommend H.M. to confirm Col. Richard Townley, Daniel Cox, and Roger Mompesson, Members of Council of New Jersey, as appointed by Lord Cornbury. [C.O. 5, 994.A. pp. 253, 254.]
Nov. 21.1466. Mr. Penn to the Council of Trade and Plantations. Honorable Friends, This comes to assure you that all the Laws past in Pennsylvania in ye yeares 1700 and 1701 were past by me whilst there, and I have no ground upon second thoughts to say otherwise. I am your assured ffriend, Signed, Wm. Penn. Endorsed, Recd. Read Nov. 22, 1705. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 1263. No. 47; and 5, 1291. p. 234.]
Nov. 21.
St. Johns, Newfoundland.
1467. Major Lloyd to the Council of Trade and Plantations. At my arrivall, I found wanting in the Company 28 private sentenells and one drummer, ye provisions of which since their death I could have noe acct. from Mr. Moody of. Your Lordships are very sencable how much the soldiers have already suffered, their subsistance being stopped this present year to make good former accts. Should another charge come upon them by means of Mr. Moody's having disposed of that provision, which ought to make good and answer the respitts, it cant be immagined they will be able to live without any pay. Proposes that Mr. Moody be made responsible for the respitts, etc. Refers to Mr. Roope now going for England. Signed, Tho. Lloyd. Endorsed, Recd. Read Jan. 10, 1705/6. 1 p. [C.O. 194, 3. No. 85; and 195, 4. pp. 70–72.]
[Nov. 21.]1468. J. Bentham to the Council of Trade and Plantations. Prays that he may have an account of the personal estate of Edmund Mott, who went Chaplain to Lord Cornbury, and died in petitioner's debt at New York, 1704. Signed, Joseph Bentham. Endorsed, Recd. Read Nov. 21, 1705. 1 p. [C.O. 5, 1048. No. 124; and 5, 1120. pp. 346, 347.]
Nov. 21.
Whitehall.
1469. W. Popple, jr., to Mr. Penn. Encloses observations of the Postmaster General. [Nov.19.] [C.O. 5, 1291. p. 233.]
Nov. 22.
New York.
1470.Governor Lord Cornbury to Sir Ch. Hedges. Acknowledges Instructions of April 20. I am satisfied the Gentlemen of H.M. Councill will doe anything in their power (to promote the trade in naval stores), and I hope the Assembly may be prevailed with to doe their part too, etc. Recounts proceedings of the Assemblies of New York and New Jersey. See Nov. 20, etc. Signed, Cornbury. Endorsed, R. Feb. 2. Holograph. 4 pp. Enclosed,
1470. i. Journal of Assembly of New York, Sept. 19—Oct. 13, 1705. Same endorsement. 17 pp.
1470. ii.–iii. Duplicates of Nos. 1462.ii., viii.
1470. iv. Copy of Bill for raising 1,700l. for the defence of the frontiers, July 3, 1705. [C.O. 5, 1084. Nos. 31, 31.i.–iv.]
Nov. 23.
Whitehall.
1471. Sir C. Hedges to the Council of Trade and Plantations. H.M. refers following to the Board for their opinion. Signed, C. Hedges. Enclosed,
1471. i. Assembly of Bermuda to the Queen. Pray that the records of Mr. Jones' conviction may be reviewed, previous copies having miscarried by means of the enemy, whereby we humbly conceive H.M. will find sufficient reason to order Edward Jones to be discharged from his office of Secretary and Provost Marshall, etc. Signed, Francis Jones, Speaker, Saml. Browne, Michaell Borro'[ws], Tho. Burton, Saml. Sherlock, Richd. Gilbert, Richd. Appowen, Saml. Smith, Nathanael Bethel, John Trimingham, Henry Tucker, Henry Tucker (? jr.), George Lecroft, Dll. Johnson, Dll. Tucker, William Stone, John Peasley, Rowland Greatbeatch, John Dickinson, Danll. Scrogham, Thomas Attwood. Endorsed, Recd. Nov. 28, 1705. Read Feb. 4, 1705/6. 1 p. [C.O. 37, 7. Nos. 11, 11.i.; and 37, 26. Nos. 15, 15.i.; and 38, 6. pp. 143–145.]
Nov. 24.1472. Mr. Campbell to Sir Charles Hedges. They write from St. John's in Newfoundland, Sept. 17, that since their last of ye 5th ditto, the French and Indians have ruind what remain'd of the English settlements to the northward, and barbarously murdered many of the inhabitants in cold blood after quarters given, particularly 9 persons in Trinity Bay, and 9 men, a boy and a girle att Bonavista. They have putt Bonavista under contribution and carried some of the people from thence to Placentia as hostages for a ransome of 1,000l. sterl. besides 400l. which the enemy rais'd there in May last. Amongst these carried away is my Factor at Bonavista, from whence also they took a ship belonging to me solely. About Sept. 12, the enemy caried off six English prisoners within a myle of Fort William at St. John's. 250 families of French Indians aryved from Canada at Placentia last summer. The two English men of warr at St. Johns were still there, but resolved to leave that land, on Oct. 1st last. They had then no advice from England. Signed, Ja. Campbell. Endorsed, R. Nov. 25, 1705. Addressed. Sealed. 1 p. [C.O. 194, 22. No. 55.]
Nov. 24.1473. Notes of a voyage from Havana [?by F. Farnandos]. Sailed Feb. 14, 1704 (? 5), in company with the Admiral and 4 other ships, which the Spaniards owned to be worth 78 millions, besides 2 others worth 20 mill. 1 p.
1473. i. Fr. Farnandoe (? Fernandos) to Sir Charles [? Hedges]. Nov. 24, 1705. Since I find yt in what I have proposed I cannot be serviceable to my nation, I hope I may have leave to go to Jamaica by a ship sailing in 15 days' time. Signed, Francis Farnandoe. Endorsed, R. Nov. 24. ½ p. [C.O. 137, 45. Nos. 72, 72.i.]
Nov. 26.
Whitehall.
1474. W. Popple, jr., to P. Docminique. Desires an answer to letter of Nov. 21. [C.O. 5, 994.A. pp. 254, 255.]
Nov. 26.
New York.
1475. Governor Lord Cornbury to the Council of Trade and Plantations. Acknowledges letter of April 18, 1705. This I have obeyd by sending copys of the charges [against Connecticut and Rhode Island] by an express to the respective Governors' own hands, but I have yet noe answers. To prove the charges (see Feb. 12). (1) That the people of Connecticut carry on an illegal trade with the east end of Long Island is known to everybody here, and appears by the condemnation of a sloop belonging to Connecticut, named the Rachell. That they encourage piracy appears by the depositions of Orchard and Hicks. (2) They harbour pirates. Some time before I received these articles, I was informed that two of Avery's crew were settled in Connecticut, I asked the person who told me of it if he could make oath of it, he said noe, but that he would inform himself better and would give me a farther account, he did goe into Connecticut on purpose, but is not yet returned, soe I can not send any affidavit upon that article. (3) This will appear by the affidavit of Capt. Mathews. (4) Refers to reports of former Governors. I have writ twice to Col. Winthrope to demand the quota, but all the answer I could get from Connecticut is that they could not comply with my demands till they had apply'd to the Queen, and from Rhode Island, that they are poor, and that they are at soe great charges for the putting their Island in a posture of defence, that they cannot raise that sum. This is a truth, which if they will deny, I will make oath of whenever your Lordshipps will please to command me. (5) This will be pretty plainly proved by the affidavits of one Auboineau, a merchant of this city, and Richard Sacket, a brewer of this city, who have both suffered sufficiently and very lately by their denyall of Justice, etc. (6) I referr to their Books of Laws, which I herewith send, etc. How farr they are by their Charter impowered to make Capitall laws, your Lordshipps will be best informed by looking into their Charter. That they are arbitrary and unjust will appear by the oath of Auboineau. (7) I referr to the first Law in their Book, and likewise to a paper intituled, A County Court holden at New London, Sept. 20, 1698, towards the bottom of the page you will find this clause, "It is agreed by Plaintiffs and Defendants that the Laws of England shall be pleaded and made use of in this case, and it is allowed of by this Court," etc. This paper is under the seale of the Province of Connecticut. (8) Referr to the case of Major Palmes, who is now going into England to make his complaint, and to the oath of James Fitch and Samuell Mason, which is attested under the seal of Rhode Island. (9) Refers to reports of former Governors. As for my time, two years agoe Col. Winthrope, who was then and now is Governor of Connecticut, came to make me a visit, I then took oportunity to tell him that I would goe into Connecticut and publish my Commission for the command of their Militia, and my Commission to be Vice-Admirall, he told me whenever I would come into Connecticut, I should be welcome, but they would not part with their Militia. Refers to their Book of Laws. The last Article is for making a Law against all Religions but their own. This appears very plainly by their Law, p. 29, under the head Ecclesiasticall. That that Law has been put in practice appears by the commitment of John Pearce, Daniel Pearce and John Mosse, certified under the seale of Rhode Island. Thus I have endeavoured to answer H.M. commands. I should have been able to have done it better, had not some of the Magistrates of Connecticut frightned severall people from coming over to me to Long Island, who would have been able, and willing to give very full evidence upon severall of the Articles, but now durst not, I hope I shall find a time more favourable to get their depositions, and if I doe, I will not fail to transmit them. In the mean time, give me leave to observe that the first Law in their Book abrogates all the Laws of England at once. I recommend to your perusall a Law of theirs under the head of Divorce, and likewise I intreat you to consider the oath of a Grand Jury Man, etc. Signed, Cornbury. Endorsed, Recd. Feb. 1, Read April 4, 1706. Holograph. 3 pp. Enclosed,
1475. i. Gov. Cranston's Certificate that the following evidence was sworn before him. Oct. 10, 1705. Signed, Samll. Cranston. 1 p.
1475. ii. Duplicate of Nov. 2. xlviii.
1475. iii. Copy of proceedings of the General Court of Connecticut, Hartford, Oct. 10, 1700. Mr. Gurdon Saltonstall, Plf. v. Edward Palmes, Lt. James Avery, and St. John Morgan for slander. Defendants deny jurisdiction of Court. Plaintiff ought to lay his action at Common Law and not to bring it to this Court by petition. The Court overruled that plea. Defendants then pleaded that their remonstrance regarding Saltonstall was a complaint to authority. The Court overruled them, and they then pleaded that what they said was no slander, but true, and demanded a trial by jury. Signed, Edward Palmes, James Avery. Note by Palmes. Eleazer Kimberley, Secretary, when copies of above pleas, delivered to the Assembly, Oct. 10, 1701, were demanded, Sept. 28, 1705, said they were not to be found in the Office of Record of the General Court. 2 pp.
1475. iv. James Fitch to Mr. Saltonstall. July 28, 1701. You told me the town had voted you a salary of 70l. and that if they could not get money they must pay double in pay, etc. Copy. 1 p.
1475. v. Deposition of James Fitch, jr., July 28, 1701. Capt. Witherell owned the vote was 70l. in money. Copy. 1 p.
1475. vi. Copies of two Acts of Connecticut, (1) declaring that it is only in the power of such townships to whom a grant is made to purchase lands of the Indians, and all other purchases are illegal; (2) repealing the Law of Forceable Entry. 1 p.
1475. vii. Copy of Mittimus, signed by Daniel Wetherell and Richard Christopros (?phers), addressed to Jeremiah Chapman, gaol keeper, to keep in custody till the General Court in Nov., John Pearce and John Mees, of Prudance [? Providence] Island in the Government of Rhode Island, who were taken up at the house of William Stoutes in New London with several others attending on a Church administration distinct from and in opposition to that which is pobbeleckly observed by the approved minester of the place. They confessed that they did there preach, and did dip a man the same day, etc. Sept. 25, 1704. 1 p.
1475. viii. List of following documents and certificate that they are genuine copies. Signed, Eleazar Kimberly. Sept. 28, 1705. ¾ p.
1475. ix. Copy of agreement between Sir H. Ashhurst and Wm. Wharton as to the date of the prosecution of an Appeal to H.M. in Council. Sept 14, 1704. 1 p.
1475. x. Copy of Judgment of the County Court, New London, March 26, 1691, in the case Gurdon Saltonstall v. John Winthrop, Major Edward Palmes and Alice Liveen, executors of John Liveen; claim for part of the estate bequeathed to the use of the Ministry of New London. Verdict for Plaintiff. 3 pp.
1475. xi. Copy of the judgment of the County Court, New London, Sept. 20, 1698. Edward Palmes and John Hallam are non-suited under the English statute of limitations in an action v. John Winthrop, Richard Christophers, and Samuel Fosdick, for seizing and holding the Liveen and her cargo. Sept. 22, 1691. Mr. Saltonstall appears for defendants. Appeal to the Court of Assistants refused. Endorsed, Recd. Feb. 1st, 1705/6. 1¼ pp.
1475. xii. List of following documents and certificate that they are genuine copies. Signed, Eleazar Kimberly. Sept. 29, 1705. 1 p.
1475. xiii. Copy of Judgement of the General Court, Hartford, Oct. 10, 1700. Major Edward Palmes, Lt. James Avery and Lieut. John Morgan v. Gurdon Saltonstall. Saltonstall is acquitted of the charges brought against him, and the votes of New London for the settlement of his salary approved as agreeable to the Laws of this Colony. 1 p.
1475. xiv. Copy of testimony of Samuel Mason, Assistant. Mr. Noyes told me the paper of complaints of Major Palmes was not in Court, but that the Elders had it at New London, and that it was in Mr. Steers his writeing. 1 p.
1475. xv. Copy of Certificate by Richard Christophers that Gurdon Saltonstall, Minister of New London, hath given the town credit in his account with them respecting his yearly salary for various sums. 1 p.
1475. xvi. Copy of Petition of Gurdon Saltonstall to the General Assembly at Hartford, Oct. 10, 1700, that cognizance may be taken of the slanderous remonstrance against him presented by Major Palmes, etc. to both Houses in May. 1 p.
1475. xvii. Copy of citation of Major Palmes, Lt. Avery and Lt. Morgan to appear and respond to above. New London, Sept. 16, 1700. Signed, Daniel Wetherell, Assist. 1¼ pp.
1475. xviii. Mr. Saltonstall to the House of Representatives of Connecticut. Oct. 10, 1700. Reasons for hearing his above petition. Copy. 1 p. Nos. xii.–xviii. endorsed, Recd. Feb. 1, 1705/6.
1475. xix. Deposition of R. Orchard, of Boston, Hatter, aged 70. New York, Sept. 5, 1705. In March, 1699, bound to New York from Boston to buy beaver, the wind proving contrary they put into Connecticut, where they were informed that there was a ship lay off of Long Island, wch. sold very good pennyworths, and it being thought that she was an interloper come from Scotland, the Master went on board, and being returned said he believed she was a pirate. Deponent being told there was not a J.P. within 15 miles, posted a way to Rhode Island and informed the Governor there then in Court, and that there was a sloop which had loaded from her coming round for that Island. The Depy. Collector found it so and seized several goods. In the mean time the Governor in Court ordered a Constable to sieze Deponent and told him he was a prisoner, and that since he had informed against several of the neighbourhood as trading with Pirates, he must enter into bond to prosecute them. His own bond for 100l. sterl. was taken. After which Deponent said that as he had informed ye Govermt. of Rhode Island, so he would also go and informe ye Govermt. of Boston, having heard that a sloop was gone from ye said ship to yt. place, whereupon the Governor in Court demanded his money. Deponent remonstrated, as being obliged to enter into bond to prosecute and at the same time being rendered incapable of doing so. But he was forced to deliver his money, wch. they keep to this day, nor would they ever suffer any prosecution to go on according to the sd. information. The Governor then refused to lend him 20s. to proceed to Boston on the King's service, and Dept. was informed that one Bennet, who was one of those charged with trading with the pirate, had threatened to knock him on the head. He got away next morning about break of day towards Boston, and informed the Government of the same matter, wch. was so far from taking any notice thereof, that they imprisoned him for 2¼ years. Signed, Robert Orchard. Endorsed as preceding. 2 pp.
1475. xx. Deposition of M. Hicks, N. York, Sept. 8, 1705. Daniel Dowley and Peter Brock, of Rhode Island having been in ye East Indies on board the Mocha frigate, Dowley died soon after his return, leaving in Brock's hands several sums of money to be delivered to deponent, who was being tried in England for being on board the Mocha. Returning to Rhode Island, Deponent has not been able to get this money from him, nor justice against him. It is notoriously known that Brock was on board the Mocha and in her guilty of piracy. Signed, Mich. Hicks. Endorsed as preceding. 1 p.
1475. xxi. Deposition of R. Sackett, Brewer, of New York, Nov. 28, 1705. In Sept. last he took out a writ in Connecticut against Caleb Beek, who was then at Mr. Clarke's house. Clarke refused to allow the writ to be served. At the General Court at Newhaven deponent could get no redress against Clarke. At the same Court, Deponent, pursuant to a warrant from Lord Cornbury, demanded of the Governor and Council several deserters from the Fort at New York. They denied them, and said there were severall travailers up and down and they should have enough to do to examine everyone that travailed. Afterwards at Fairfield, by virtue of the said warrant, he demanded of Nathan. Gold and his associate Justices at a Court there Edward Fitzgerald, which belonged to the Fort at New York, but they denied him, unless he would give them his bond to indemnifie the Colony. He said, let them deny his warrant, as they would answer the contrary; upon which they asked Gerald if he was willing to go to the Garrison of New York againe, who answered Yes, with all his heart, upon which they answered, if he was willing they could not keep him, but some persons standing about the Court declared that if he had not been willing, he should not returne to Yorke. Signed, Richd. Sackett. Same endorsement. 1¼ pp.
1475. xxii. Deposition of Capt. Mathews. After capturing two deserters under Lord Bellomont's warrant with the aid of John Desborough near Fairfield, Nov. 1700, I was stopped at Stanford on my way back to New York by a man who called out of a window that he would stop me for travelling on the Sabbath Day. Major Selleck the J.P. was sent for from the Meeting. He kept me in the Inn till evening under a guard, whilst one of my prisoners escaped. Major Selleck had given them money.Signed, Peter Mathews. Same endorsement. 3 pp.
1475. xxiii. Deposition of Edward Palmes, Sept. 14, 1705. The Government of Connecticut protected Cols. Whaley, Goffe, and Dixwell, living at Newhaven, persons excepted from pardon in the Act of Parliament of Charles II. In 1683, one Roode, after being tricked into a confession of incest, was executed for the same, without any law then in being for the same. In 1678, John Stother, a boy of 16, was executed at Hartford for murdering Thomas Boll's wife and two children. In 1684, Daniell Mathews, tailor, was condemned for rape in Connecticut. He escaped into Narragansett, whence the Government of Connecticut got him into Connecticut again and put him to death. Signed, Edward Palmes. Same endorsement. 2¼ pp.
1475. xxiv. Testimony of James and Edmund Lewis, Carpenters, of Stratford. On Nov. 14, 1704, he viewed the goal at Fairfield, and found it so insufficient that he could pull the clubboards off with his hands. Robert Lord told the goal-keeper's wife he could escape when he liked, and did so. Copy. 1 p.
1475. xxv. Copy of writ served upon Robert Lord, Fairfield, March 15, 170¾, for a debt due to John Auboyneau, of New York. Signed, Jonathan Selleck, Clerk. Subscribed, Lord was committed to gaol in default of payment, Fairfield, April 27, 1704, by me, Joseph Phipen, County Sherriff. 1 p.
1475. xxvi. Copy of Certificate by Wm. Peartree, Mayor of New York, March 2, 1703. Robert Lord defaulting upon a bond jointly entered into between him and John Auboyneau, the latter has been arrested at the suit of Richard Floyd, etc. 1 p.
1475. xxvii. Writ served on R. Lord, to answer John Auboyneau for forfeiting above bond. Fairfield, Dec. 2, 1703. Signed, Peter Barr, Clerk. Subscribed, Lord was committed to gaol upon above writ, Dec. 2, made his escape and was seized again Dec. 3. Signed, Joseph Phippen, County Sherrif. 1 p.
1475. xxviii. Copy of bond in 116l. entered into by Robert Lord, Soapboyer, in Fairfield, with Richard Floyd of Brookhaven, Nassau Island. June 1st, 1702. ½ p.
1475. xxix. Deposition of J. Auboyneau. After his recovering judgment in the County Court of Fairfield against Lord, the Court delayed granting execution thereof until Lord had gott out of the way. The Sherrif would not execute judgment on his estate. When by his great care, deponent got Lord arrested, the Sherrif put him into a gaol whence he could and did easily escape. He continued to reside in Connecticut. In spite of application to the County Courts and General Court, deponent could obtain no relief for his debt incurred by being bail for Lord as above Nov. 28, 1705. Signed, John Auboyneau. Same endorsement. 2 pp.
1475. xxx. Deposition of R. Sackett, Nov. 28, 1705. On Oct. 18, Mr. Prentise, High Sherrif of New London, declared publickly that they had noething to doe with ye Queen, nor ye Queen hath nothing to doe with them, for they would loose their lives before they would loose their priviledges, except the Queen herselfe came to demand it. At a General Court at Newhaven several persons declared, particularly Capt. Ecles, that they would never loose their Charter and their priviledges, they would first loose their lives. About Sept. 24, Capt. Clarke at Seabrooke said to him that he was Captain of ye Fort and of one of ye Companyes of ye Town, and if ye Queen sent any of her Officers to take away any of their rights and priveledges, that they had good armes and men to defend themselves and would doe it, and would serve them worse than ever Sir E. Andros was served. Signed, Richd. Sackett. Same endorsement. 1¾ pp. [C.O. 5, 1049. No. 10 (covering letter only); and (enclosures only) 5, 1263. Nos. 70–98.]
Nov. 27.
New York.
1476. Governor Lord Cornbury to the Council of Trade and Plantations. I had the honour of your Lordshipps' letter of April 20, by H.M.S. Lastoffe, which arriv'd at New York July 20. I have likewise receiv'd H.M. additional Instruction, which I shall take care to observe. I am of opinion it will give good satisfaction to the people of New Jersey, however, I must observe that the inhabitants of the Western Division of New Jersey are tennants in common, noe partition has been yet made, soe that it is pretty hard to know who has 1,000 acres of land in his own right, soe that hitherto those that are possessed of 1,000 acres of land have been allowed to be within the meaning of H.M. Instructions to me, and the Queen being pleased to make use of the same words in the additional Instruction I have now receiv'd, I shall put the same construction upon them as I have done hitherto. I shall observe your Instructions as to the Revenue, quoted. See April 20.
As for what relates to me particularly, I shall always readily submit to whatever orders you are pleased to send me; but as for what relates to the contingent charges of the Government, the residue of the sum mentioned will not be sufficient to answer the necessary charges of the Government; for that residue will be but 400l. and I conceive there must by a sallary for the Collector, for the Chief Justice, for the Attorney General and for the Secretary, besides other contingent charges; now if these salaries must be equivalent to those the same Officers have at New York, they are as follows, the Collector has 200l. sterling a year, the Chief Justice 130l. York money, the Attorney-General 100l., and the Secretary has 30l. a year as Secretary, and 50l. a year as Clerk of the Councill, besides a messenger, and all Custome House Officers, and besides all other charges that will accrue accidentally, and which cannot be ascertained, so that the certain charge will amount of 1,170l. a year, besides Custome House Officers, a messenger for the Councill, a Printer, and all other casualtyes, as for what relates to my own private concerns, the Queen was pleased to allow me 500l. sterl. a year for the Government of New Jersey, and indeed travelling is very chargeable in these parts. I shall follow your directions punctually. I have always used my utmost endeavours, and shall continue soe to doe, that the administration of the Government should be carryed on in all things in the most equitable and satisfactory manner to the inhabitants of that Province, with reguard to their seperate interests; but indeed it is a very hard task, for that Province is inhabited by some people who call themselves Proprietors, some who pretend to hold their lands by virtue of a patent from Coll. Nicholls, who was Governor for the Duke of York, and others who have purchased their lands from the Proprietors, now it is certain that during the time the Proprietors had the Government in their hands, they oppressed the people extreamly, I mean the Proprietors here upon the place, and they would now have their irregular proceedings in those days justified by an Act of Assembly, such as was the long Bill; however, I doe assure your Lordshipps that I shall engage in noe party, but behave myself equally to all, by which I am satisfied I shall obtain the ill-will of many people, however, I shall not value that as long as I doe my duty to the Queen. I have not put one Justice of the Peace into Commission, nor one Millitia-Officer yet, without the recommendation of some of H.M. Council, and I take them to be the fittest persons to advise with in those matters; when first I published my Commission in that Province, Mr. Morrice was very forward in recomending persons for the Peace and the Militia, and I have found by experience since that in his recomendations he pitched upon such persons only as he knew he could mannage to serve his ends, without any regard to their capacitys, and some scandalous fellows whom I have since put out at the request of some of the Gentlemen of the Councill, for being drunk every day, and particularly at their Quarter Sessions in Court, and I doe assure you that my rule shall always be to chuse the ablest men, and those of the best estates in the country, to fill those Commissions, and perticularly those who are well inclined to H.M. service; thus I have answer'd your Lordshipps' letter of April 20, I hope to your satisfaction. On Oct. 13 I went to Amboy to meet the Assembly of New Jersey. I got thither on Oct. 14 in the morning, but noe body was come but two of the Councill, and two or three Members of the Eastern Division, soe that it was Oct. 17 before the House sat. I told them what I thought would be proper for them to provide for, by Act of Assembly, and I told them if any other things occurr'd to them fit to be provided for by Act of Assembly, they should always find me ready to agree with them in any thing that might be for the service of the Queen, or the good of the country; after this they went to their House, and on Oct. 18 they made a resolve in these words;—"The motion was made and the question put that H.E. speech containing very weighty matters, whether this House shall proceed on any business till it be full, or not. It passed in the negative." Soe your Lordshipps see there was noe businesse to be done, till the House was full. At the first meeting of this New Assembly, in Nov., 1704, when the Members came before me in Councill to qualify themselves, I administred the oaths to those who were willing to swear, and then the Quakers were going to take their attestation, but two of the Members of the Councill, Mr. Revell and Mr. Leeds, objected against 3 of the Members of the Western Division, as not being qualifyd according to the Queen's Instructions to me, that is, for not having 1,000 acres of land in their own right, in the Division for which they are chosen; upon this I asked the opinion of the Council, who were of opinion that those against whom there was no objection should quallify themselves, and that those 3 should make proof of their having 1,000 acres of land, and accordingly the rest were admitted, and I recomended it to the Assembly to proceed in the first place to inquire into the quallifications of those 3 Members excepted against, but they did not doe as I desired them, but proceeded upon business; and towards the end of the Sessions they sent me a message by 2 of their Members, that they were satisfied the 3 Members excepted against were duely quallified, to which I made answer that the exceptions were not taken by me but by 2 of the Councill in Councill, and that if they would impart those proofs to me in Councill which had satisfied them, I would admit them immediately, but the pride of the Quakers would not let them doe that, and the House was in few days adjourned to May following, and those 3 Members not admitted. In May I went to Burlington to meet the Assembly, but the Members of the Western Division not coming, I was forced to adjourn the Assembly to Oct. at Amboy, at which time they made the resolve abovementioned, and sent me the same message they had sent me a year agoe about the 3 Members, to which I sent them the same answer, whereupon they sent the 3 Members to prove their quallifications, this took some days because some papers were wanting, as soon as those papers were come, they proceeded to prove that they were each of them possessed of 1,000 acres of land, but I can't say it was in their own right, for there is a cause depending concerning some of their Lands, however, the Gentlemen of the Councill were of opinion they ought to be admitted, and accordingly they were, and I sent the Secretary to acquaint the House that they had quallified themselves, but instead of proceeding upon businesse they adjourned till the next day, which was a Saturday, and then they adjourned till the tuesday following, upon which I sent for the Speaker, and asked him how they came to adjourn for soe long a time, considering how late it was in the year, he told me he must goe to the yearly Meeting, which was to be held at Shrewsbury the sunday following, soe that as long as the Quakers are allowed to be chosen into the Assembly, the service of the Queen and the businesse of the country must wait upon their humours; however, on tuesday they met, and adjourned again till the next day, then they met; and I find in their Journal these words: "Whereas the motion was made and question put, that the House should not proceed on any businesse untill such time as it was full, which past in the negative, and that whereas now the said obstruction is removed, and the House being full, resolved that the House shall forthwith proceed upon businesse." Now I must observe that at the time they said the House was full, there were 3 Christian Members wanting, but the 3 Quakers being got in, the House was full, soe that it was not a full House of Members that they wanted, but a full House of Quakers; now then, being a full House, as they call it, they think fit to make an Addresse of which I herewith send a copy, how well they have follow'd their Addresse in their actions, their Journal, of which I likewise send a copy, will best show. However, seing they were resolved to doe nothing, and hearing from New York that that part of the Jamaica fleet, which had put in there, was almost ready to sail, I was forced to adjourn the Assembly, which I did to May 1st to meet at Burlington, where I will not fail, if I am alive, to be at the time appointed, to see if they will doe any thing, even for their own good. Signed, Cornbury. Endorsed, Recd. Feb. 1st, Read April 4, 1706. Holograph. 5 pp. Enclosed,
1476. i. Copy of surrender of the Proprietors of New Jersey. (C.S.P. 1702. No. 340.) Endorsed as preceding. 6 pp. [C.O. 5, 970. Nos. 34, 34.i.; and (without enclosure) 5, 994.A. pp. 268–279.]
Nov. 28.1477. Assembly of Bermuda to the Council of Trade and Plantations. Present following:—
1477. i. Petition for the removal of Edwd. Jones. Similar to address, Nov. 23, but in slightly different form. Endorsed, Recd. from Mr. Nodin, Nov. 28, 1705. Read Feb. 4, 1705/6.
1477. ii. Assembly of Bermuda to the Governor and Council, March 5, 1704/5. Pray that copies of their proceedings, etc. against Mr. Jones may be sent to England, and an Agent appointed to justify them there, etc. Same endorsement. 1 p.
1477. iii. Complaints of the Assembly against Mr. Jones, June 26, 1701. (Duplicate C.S.P. 1701. No. 797.ii.)
1477. iv.–xxx. Copies of the Depositions taken in 1701, of John Dickinson, Saml. Spofferth, John Rawlings, Thomas Smith, Daniel Keele, Rich. Wise, Nicholas Spencer, George Darrell, James Wright, Elias Clarke, Anthony White, Charles Walker, Anthony Smith, John Wingood, Will. Parman, Saml. Spofferth, John Cox, Meriam Stone, Jean Milborne, William Righton, Thomas Watkins, John Peasly, William Newman, James Graisbery, Richd. North. Benjamin Wainwright, Saml. Sherlock, in support of charges against Jones. (Cf. C.S.P. 1701. Nos. 498, 797.ii., and 1703. No. 1014.ff.) 28 pp.
1477. xxxi. Copy of warrant suspending Jones, June 27, 1701. Signed, B. Bennett. 1¼pp. [Cf. C.S.P. 1701. No. 587.]
1477. xxxii. Copy of indictments and sentences against Jones, Dec. 1701—Feb. 1702. 9 pp. [Cf. C.S.P. 1702. No. 872.ii.]
1477. xxxiii. Copy of Order of the Court, permitting E. Jones to examine witnesses in the causes depending on appeal. June 1, 1702. 1 p.
1477. xxxiv. Copy of permit by Richard Stafford, C.J., in accordance with preceding. June 27, 1702. 1 p.
1477. xxxv. Minutes of Council of Bermuda. Duplicate of 1st paragraph of C.S.P. 1702. No. 942. 1 p.
1477. xxxvi. Copy of petition of Ed. Jones to Lt.-Governor Bennett to order a speedy hearing of his causes, etc. 2 pp. [C.O. 37, 7. Nos. 12.i.–xxxvi.]
Nov. 28.
New York.
1478. Governor Lord Cornbury to Sir Cha. Hedges. Acknowledges H.M. orders, July 6, 1704 and Feb. 22, 1704/5, relating to the Admiralty Courts and Prizes and accounts of stores. Noe prizes have been yet brought into my Government by any of H.M. ships, except one by the Jersey for illegall trade. I have not yet had any notice given me who the Queen has appointed Commissioners for Prizes, soe that if anybody will offer me a false deputation it may passe upon me easily, etc. The account of stores, etc. will take some time to prepare, etc. Some Privatiers have lately brought into this Port some prizes. I directed the same dutys to be demanded of them for the goods brought in those prizes as merchants are obliged to pay; this made the Privatiers very uneasy, they alledged that in the Islands in the West Indies they pay noe dutys for any goods carried in in Prizes, I told them I could not help that, then they offered to give security to pay the dutys if upon my writing to England, I was directed to require it from them, this is agreed to, because I was willing to make them easy. I intreat the favour of you that I may know the Queen's pleasure in this matter, etc. Signed, Cornbury. Endorsed, R. Feb. 2. Holograph. 2 pp. [C.O. 5, 1084. No. 30.]
Nov. 28.
Whitehall.
1479. Council of Trade and Plantations to Governor Lord Cornbury. In pursuance of petition of Nov. 21, enquire as to Mr. Mott's estate. [C.O. 5, 1120. pp. 348, 349.]
Nov. 28.
Whitehall.
1480. Council of Trade and Plantations to the Queen. Refer to Governor Sir B. Granville's appointment of Mr. Chamberlain to the Council of Barbados [see Sept. 15]. In the list transmitted to us by the said Governor of persons best qualifyed for Counsellors, we find that Alexander Walker do's preceed him, and having discoursed with the Agents of the Island, we do find that Walker is a person of great experience and knowledge in the Laws of Barbados, has long resided upon the place, and is willing to serve your Majesty. We humbly offer that your Majesty appoint him accordingly instead of Chamberlain. [C.O. 29, 9. pp. 413–415.]
Nov. 29.
Whitehall.
1481. Order of Queen in Council. Approving preceding and appointing Mr. Walker to the Council of Barbados, etc. Signed, John Povey. Endorsed, Recd. Read Dec. 6, 1705. 2 pp. [C.O. 28, 9. No. 23; and 29, 9. pp. 429–432.]
Nov. 29.
St. James's.
1482. Three Orders of Queen in Council. Appointing R. Townley, D. Cox and R. Mompesson to the Council of New Jersey (see Nov. 21). Signed, John Povey. Endorsed, Recd. Read Dec. 6, 1705. 3 pp. [C.O. 5, 970. Nos. 35–37; and 5, 994.A. pp. 256–259.]
Nov. 29.
St. James's.
1483. Order of Queen in Council. Upon the (following) petitions of G. Lillington and a petition of the Agents of Barbados praying that the Order of Oct. 26 may be reversed or suspended, Ordered, that copies of the said petitions and of all Orders of Council in that matter be delivered to each party, and that they be heard by their Council at the Board on the second Council Day in December, particularly as to the manner of appointing persons to take depositions relating to Col. Lillington's fine. Signed, John Povey. Endorsed, Recd. Read Dec. 7, 1705. 1½ pp. Enclosed,
1483. i. George Lillington, to the Queen. Recites previous petition and Order of Council, Oct. 26. Petitioner hath been since obstructed of the benefit of that Order by reason of some mis-recitals and omissions in the drawing up of it, whereby it is rendered wholly ineffectual for his relief. Farther, the Agents of the Governor, to obstruct and perplex him, give out that your Majesty hath upon their petition reversed that Order, or at least referred the matter to be examined by a Committee of the Lords of the Privy Council. Petitioner cannot obtain a copy of that Order, or of the said petition. Prays that the matter of his petition preparatory to the hearing of his appeal, and of the several Orders aforesaid, may be heard before H.M. in Council, and that Petitioner may be allowed Councell to speak thereunto, and that he may have a copy of the Lords Commissioners' Report and of the Agents' said petition and H.M. Order thereupon, and that the Order of Oct. 26 may be rectified. Signed, Roger Lillington, Agent for George Lillington. 4 closely written pp. [C.O. 28, 9. Nos. 24, 24.i.; and 29, 9. pp. 432–445.]
Nov. 29.
St. James's.
1484. Order of Queen in Council. Duplicate of preceding. Enclosed,
1484. i. Petition of Agents of Barbados and divers other gentlemen of estates in, and merchants trading to, Barbados, to the Queen. Pray that the Order of Oct. 26th may be discharged or execution thereof suspended, untill the matter be further examined, the record of the trial, etc. being transmitted hither. Signed, Pat. Mein, Rob. Stewart, Tho. Foulerton, Saml. Child, Raynes Bate, J. Kendall, John Walter, Wm. Andrews, Wm. Walker, Rob. Chester, Rob. Haver, Jno. Bromley, Richd. Bate, R. Scott, J. Stanley, Wm. Bridges, Mel. Holder, Wm. Cleland. Copy. 3 pp. [C.O. 28, 9. Nos. 25, 25.i.; and 29, 9. pp. 446–453.]
Nov. 29.
Whitehall.
1485. Mr. Secretary Hedges to Governor Nott. The successe of H.M. arms in Catalonia has been such that I could not but lett you have the satisfaction of knowing it, and the rather because you may have opportunities of communicating it to the Spanyards in those parts, whereby it may be yet of a greater advantage to our common cause, which as I am sure you wish well to, so I cannot doubt but you will upon all occasions make that use of it. The inclosed papers will give you a good account of these successes, and of the good disposition of the Queen and her two Houses of Parliament to support the King of Spaine in the progresse of them. I desire you will, as you have opportunity, communicate this news to the Governors of the Proprietary Colonies. Signed, C. Hedges. P.S.— Acknowledges letter of Sept. 22 and that from the Downs. Similar letter and enclosures were sent to the Governors of New York, New Hampshire, Maryland, Barbadoes, Jamaica, Leeward Islands and Bermuda. [C.O. 324, 30. pp. 47, 48.]
Nov. 29.
Whitehall.
1486. Council of Trade and Plantations to the Queen. Recapitulate Governor Seymour's recent letters. Repeat Nov. 9, as to purchase of arms, etc., storekeeper, judges, Bladen and ports. As to the Papists, we have discoursed with the Lord Baltemore, Proprietary of that Province, thereupon, and represented to his Lordship the great mischief and ill consequences of such proceedings, who hath promised us to write to his friends and agents that they do not intermedle in the making of any proselites, and that the Papists shal for the future demean themselves without offence, and with all due respect to the Government Amongst ye other Acts received from Maryland, we have 2 relating to Papists, which together with the rest, we shal speedily lay before your Majesty. And as to the Quakers in Maryland, we humbly offer that they be obliged to contribute to the safety of the Province in reference to the Militia in the same manner as in England and other Plantations, etc. [C.O. 5, 726. pp. 339–344.]
[Nov. 30.]1487. Sir T. Laurence to the Council of Trade and Plantations. Complains that by two Acts of Maryland, passed 1704, and now sent home, certain fees belonging to the Secretary are taken away, and prays for redress. Signed, Thomas Laurence. Endorsed, Recd. Read Nov. 30, 1705. 2 pp. Enclosed,
1487. i. Account of the Secretary's fees diminished by the Act of Officers' Fees, revived Dec. 9, 1704, Maryland. Signed. Tho. Laurence. 1 p. [C.O. 5, 715. Nos. 92, 92.i.]