America and West Indies
February 1706, 1-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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29-52

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'America and West Indies: February 1706, 1-14', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 29-52. URL: http://www.british-history.ac.uk/report.aspx?compid=73714 Date accessed: 26 July 2014.


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February 1706, 1-14

Feb. 1.
Boston, New England.
69. Governor Dudley to the Council of Trade and Plantations. Refers to previous letters and enclosures. It is now a year since H.M. commands were given to the Governments of Connecticut and Rhode Island to give their assistance in the present warr, but from that day to this I have not had one man nor penny towards the service or charge, notwithstanding the whole summer I had 1,000 men in the service absolutely necessary to cover the frontiers of these Provinces, whereby they are perfectly secured, and have not since the warr opened lost a man or had any inroad upon them. I am humbly of opinion that if these commands be easily past over referring to their just assistance, and Owaneco be not taken care of by your Lordshipps' favour [for] him, they will presume to a very great degree, and H.M. commands [will] be greatly slighted to the hurt of these Governments and their just dependance [and] obedience, beside that I shall be personally insulted by them, which if there were nothing else in the matter I could well bear, knowing that therein I have done my duty to H.M. and justice to her good subjects of the several [Pro]vinces, who being equally H.M. subjects ought to be equally defended and mustered and taxed for that end. I continue to pray your Lordshipps' direction referring to the Governour's power of a refusall of a Speaker and the Establishment on the Castle made in 1700, and the other particulars of those letters. There is in these Province[s] and parts adjacent a whale fishery kept at the [sea]son of the year, very profitable to the people, and procures a very good return [for] England every year, and I have done what I can to encourage it, being a good [and] acceptable trade at home, and have directed the Judge of the Admiralty [at] all times to receive and decide tryalls between the fishermen, which must often [hap]pen, because the wounded whales often break lose and there are disputes to whom [they] belong. But it hath been always observed that besides the whales thus stricken, [there] are sometimes others that are wounded and slayn by the Thrashers and Sword-[fish] which follow them, whereby they become wrecks and as they are called [Dri]ft whales to which no person can claym any right, and do therefore justly become [a pe]rquisite to the Vice-Admirall as other wrecks are, as by the Commission of [the] Admiralty does plainly appear, and since I came here with a great deal of [trouble] I have gotten two such, which clear of charges made near 40l. [value], but since it has been observed, the Inhabitants of those parts about Cape [? Cod], which is called the County of Barnstable, have affronted and injured the Officers [of the] Admiralty taking care therein, and one of the Justices lately sent a Water-[Bay]liff to prison, and notwithstanding soon after the said Water-Bayliff was come [to] Boston to attend the Court of Admiralty to take judgement of a Drift whale, and had given summons to the Challengers to attend the Judge of the Admiralty at Boston, the Inferiour Court of Common Pleas for that County of Barnstable proceeded to give judgement for the whale to certain fishermen, and tho' the Water-Bayliff was not present at the tryall nor any for him, the Court awarded execution for a summe of money, and that writt followed him and cast him into prison, and all that I can yet say will not prevayl to make those Justices sensible of their error of invading the Admiralty's Jurisdiction, which method, if proceeded in, will perfectly defeat the proceedings of the Court of Admiralty in all cases and H.M. intention as well as her predecessors and Acts of Parliament establishing that Court in the Plantations will be avoyed, if the other Courts may take away the matters lying before them, of which none is plainer than that of whales and the great fish of the sea, [the] people here being very uneasy that that Court and the Judges and Officers of it are of H.M. establishment, besides that they would have it that all wrecks and drifts are belonging to the finder, which would end in all manner of ravage upon the was[t] contrary to Religion and Law. I most humbly pray your Lordshipps' direction herein for the support of H.M. Court of Admiralty, and if it be agreable to Law and Commissions in use here, and in all the Plantations, there may be an inhibition and injunction to all other Courts that they may not presume to take the tryall of whales or any other matter belonging to that Court into their consideration or process at any time. Upon this head, I must also humbly ask your Lordshipps' direction, whether I may not my self dismiss such Justices of the Peace of the said Inferior Court without the consent of the Councill, agreable to what is done referring to Justices of the Peace in England and elsewhere, because I am more than in doubt it will be there denyed, themselves being concerned to make as little of the Admiralty's jurisdiction as may be. And if I may so do with your Lordshipps' approbation, and have H.M. commands referring to the powers of the Admiralty as above, I believe the matter will end well, otherwise I must for the future do nothing more but let the people run w[ild] in that matter, and the Vice-Admirall will for the future have no advantage. I most perfectly submit it to your Lordshipps' direction, and pray that I may be commanded therein. I have been at a great deal of quiet from the French and Indians this summer, tho' my number of men and expence thereby has not been less than last year; I have burnt all their forts in these Provinces, kept them these two years from any manner of planting or fishing, that they are fled to Canada, and for want of their usual support are in a starving discontented condition among the French, as I am dayly informed, but yet are capable in small parties like Irish Raparees to make inroads upon mee, yet I have not quitted the least improvement in the frontiers, but the people are easy and the masting in the deepest woods has been so well guarded that there is no complaint, and I have at this time 4 small parties upon their snow shoes, of 50 men each, who lye out upon the snow 20 days together to prevent their hunting and discourage their approach. At the first eruption of the warr the French and Indians carryed away about [150] persons, most women and children, which heretofore have been purchased at about [5]l. per head by the French, whereby the Indians had a better trade of taking prisoners than hunting for Beavers, but I have assured Mr. Vouderil, the Governor at Canada, that I would never purchase the best prisoner he had at the price [of one] shilling, and to make the matter even with him, I brought the last summer about the same number of prisoners from the Bay of Fundee belonging to Port Royall, and then sent him word I would exchange with him, the articles I sent him are inclosed and humbly submitted to your Lordshipps, like those agreed in the West Indies for the exchange of prisoners there, to which he returned me another set of articles also inclosed, wherein he proceeds so far as to offer a truce between the Goverments, to this I have made no answer, having no authority so to do, and shall only thereupon remark to your Lordshipps that I have no need of any such Truce, but can well enough defend myself, and shew men enough well appoynted to remove him and all the French from Canada and Port Royall, if H.M. would be graciously pleased to give us but 4 ships of warr and mortarrs for that purpose. I humbly submit the whole matter to H.M. pleasure, but would be glad to get the poor women and children home, for which their friends are very impatient, especially being informed that the Priests use all possible methods to debauch their Religion and many of them are already gone over and entered into their Nunnerys and others marryed amongst them, as I perceive by their letters from Quebeck. If there might be an establishment of a Scotch or English Colony at Pemaquid and Eastward, it would hold 1,000 familys and is the best part of these Provinces for the lumber and fishery, and would defeat the French and Indians' hopes of resettling in those parts in time of peace. These letters are humbly presented to your Lordshipps by Lt. Gov. Povey, who has also sustained the office of Major Generall of both Provinces and has faithfully served H.M. here, and I consider my self disadvantaged by his return, but it has not been possible for me to obtayn any manner of support for him, in his station, from the Assembly, and had I not given him the command of the Castle where there is 100l. salary he must have lived wholly upon the expence of his own Estate, as he has done in a great measure notwithstanding. He is very [cap]able to give your Lordshipps account of the present state of H.M. affairs here, to whom I humbly referr, and pray your Lordshipps to represent my sincere indeavours to serve H.M. as I ought, and to assure your Lordshipps that nothing here can make me weary of doing my duty, while your Lordshipps will please to make my service acceptable to H.M., and while I may be honored with your Lordshipps' commands.
P.S.—I humbly acknowledge the [rec]eipt of the 20 cannon and [app]urtenances, which are all well landed at H.M. Castle in Boston. Signed, J. Dudley. Endorsed, Recd. May 31, Read June 3, 1706. 4 pp. Edges rubbed. Enclosed,
69. i. Copy of Articles for exchange of prisoners offered by Governor Dudley to M. Vaudrevil. [See C.S.P., 1705.] Endorsed as preceding. 2½ pp.
69. ii. Proposals for a Truce offerred by M. Vaudrevil, Governor of Canada, Quebeck, Oct. 20, 1705. [See C.S.P., 1705.] Same endorsement. Copy. 4½ pp.
69. iii. Copy of Proclamation appointing Jan. 24 a Day of General Thanksgiving for Marlborough's Victory in the Netherlands. Dec. 27, Boston, 1705. Signed, J. Dudley. Printed. Endorsed, Recd. May 31, 1706. 1 p. [C.O. 5, 864. Nos. 58–61; and (without enclosures) 5, 912. pp. 133–148.]
Feb. 1.
Whitehall.
70. Mr. Sec. Hedges to Governor Dudley. Acknowledges letters of July 25, Aug. 8 and Nov. 1st. What you mention of reducing Quebeck by ships of war is sent to the Prince's Councill for their consideration, and their report is expected in what may be done, and what may be the best season for making such an attempt, and how far it may be practicable with regard to the other extraordinary services H.M. has for her men of war. Concerning the fees of the Courts of Admiralty, I know no better rates for the officers of the Admiralty Courts in America to conform themselves to, than what are practised here, and that they may do so, H.M. has directed that the tables of fees should be transmitted to the severall Vice-Admiralties in the Plantations. As to a consideration to yourself, I have spoke to the Lord Treasurer, who is the only person to whom application should be made, and I find him well disposed in your favor. I have also moved in your behalf, and read to him your letter of Aug. 8, and hope you will receive satisfaction as to the matter therein contained, but for a particular answer must referr you to the Committee of Trade. The Address you mention has been presented to H.M. and if those Provinces do not comply in what they at present refuse, it may create a necessity of doing something farther to oblige them to furnish their Quota, and they would do well to considered that the Plantations are to be valued as they are more or less valuable to England, for they cannot expect but a remedy will at length be applyed by Parliament in reasonable matters. I think it may do you some service with my Lord Treasurer, if you send a particular account of pirates' goods seized by you, and a Bill of the charges you have been at. Signed, C. Hedges. [C.O. 324, 30. pp. 62–64.]
Feb. 1.
Whitehall.
71. Same to Governor Lord Cornbury. I received your letters of Feb. 28, 1704, and July 15, on Dec. 3 last, and am extreamly obliged to you for the full account you give me of your Government. That part which relates to Navall Stores is sent to the Commissioners of the Navy, and their opinion is expected in what may be proper to be done for encouraging that manufacture, your Lordship's observations and reasonings on that subject being very well approved: Your Lordship rightly judges of the interest of England in encouraging the planting flax and the linnen manufacture and discountenancing that of the woollen, and what you observe concerning the encroachments and usurpations of the Assemblies deserves very good attention. All that matter is before the Committee of Trade, and will be considered by H.M. in Councill, and you will hear of the result, and have further Instructions on that subject. The Plantations are to be valued as they are more or less valuable to England, and they must expect, if nothing else will do, that a remedy will come by Parliament in reasonable matters. Feb. 2. Since writing this, I have received yours of Nov. 28 etc. I shall observe your commands, but have not time to receive H.M. pleasure in any of the particulars before the maile is dispatch't. [C.O. 324, 30. pp. 64, 65.]
Feb. 1.
Whitehall.
72. Council of Trade and Plantations to Mr. Secretary Hedges. Reply to Jan. 29. The merchants concerned have acquainted us that their ships coming home so late cou'd not be time enough discharged so as to be sent to Virginia and Maryland to come away with the convoy, June 15, and that there will be 40 ships unloaden in the rivers of Virginia and Maryland after that time. We are humbly of opinion that, if H.M. shal not be pleased to allow a second convoy to bring away these later ships in Sept., they may be permitted to sail thence as they can gett ready after the departure of the convoy, without being embargo'ed there; since if they be obliged to stay for a convoy to be sent the next year, the ships will not only be worm-eaten, but the seamen suffer very much by such detention, whereby their voyage will be overthrown. We take this opportunity to represent the expediency of the convoys for Virginia and Maryland being appointed to go out at such time the next year as may as much as possible suit the occasions of all the traders to those parts, so that the shipping may return home from thence with convoy, and not otherwise. Autograph signatures. 2 pp. [C.O. 5, 1341. No. 2; and 5, 1361. pp. 436, 437.]
Feb. 1.73. Reply of the Governor and Company of Rhode Island and Providence Plantations to the charges exhibited March 26, 1705. Articles 1 and 2 contain matter highly criminal; they doe not only detest such practices, but are not capable of being guilty of ye same, but to the utmost have endeavoured to suppress them, and uphold the Acts of Trade and H.M. Laws relating to the Government of the Colony. (3) If at any time deserters or malefactors fled hither, upon notice thereof given, due methods have been taken, as the Law directs. As to the other part, this H.M. Collony is free for any of H.M. subjects to come and inhabit there, nor is it in the respondents' power to hinder or prevent them therefrom. Where one person or family hath removed out of other Colonies into this, there hath five times the number gone out of this (which were inhabitants in the same), and settled in other Provinces, which wee deem to be the privilege of every English subject, and we doe deny that any considerable number of young men hath fled out of other Provinces into this Collony or have been anyways harboured or sheltered in the same, or that no rates or taxes is raised in this Colony for the support of H.M. interest and government. They have been at more than 6,000l. charge within this 7 years in fortifying and other charge occasioned in maintaining and defending H.M. interest against the common enemy and support of the Government. (4) They are advised by Counsel that they are not obliged by Law to furnish the other Provinces or Colonies with any Quota, nor doe they apprehend there is any necessity. Nothwithstanding which, in obedience to H.M. commands, they have assisted and furnished the Massachusetts with a Quota of men (to the considerable charge of the Colony) who did H.M. good service, as likewise keeping out and maintaining Scouts upon the borders or frontiers of said Province, whose good service hath been thankfully acknowledged by the inhabitants of that Province. As to the Quota for fortifying New York, they never refused it, but by their Address to H.M., June 30, 1703, pray H.M. remittance thereof, by reason this Collony is a frontier to the sea, and none of H.M. Provinces in America more exposed to the danger and assaults of the common enemy, to which we have not as yet received H.M. commands. (5) This charge is frivolous and untrue. (6) Respondents' Charter expressly impowers them to try all crimes and make all manner of wholesome laws; these proceedings are just and regular. (7) They doe allow the Laws of England to be pleaded in all cases without partiality (as well for strangers as for serving their own turns) where their own Laws do not extend to; the various circumstances of time and place and people doe often make it necessary to enact and establish Laws different, though not repugnant, to the Laws of England. Their Charter expressly empowers them so to do. (8) Deny that they have refused to allow of Appeals to H.M. in Council, when duly applied for, and the matter and value of the matter in question require the same, and have (for want of Instructions in that case) granted an Appeal for the value of 20l., which they conceive to be frivolous and vexatious. (9) They are advised by Counsel that the Militia, or power of commanding thereof, is fully granted to them by their Charter, and that they have been in possession of the same above 40 years. As to the Vice-Admiralty, they have fully complied with H.M. commands, saving to themselves their right granted by Charter for granting Commissions to private men of war etc. (10) Deny that they ever used any indecent words towards H.M., nor do the words mentioned import any such indecency. (11) For the reasons given above (9), they could not submit to Col. Dudley's exercising those powers within this Collony. (12) Respondents deny this, and say that the Governor, Depty. Governor and others in places of publick trusts are persons of estates, known abilitys and loyalty, and well affected to H.M. Government, and are qualified according to law and the constitution of the Government. (13) This charge is uncertain and general, it is false and untrue, and cannot be maintained or justified. Lawrence and Blew according to their Instructions brought the prize into this Government, and put it into the Governor's possession for the security of the Lord High Admiral's dues, as the Law provides, notwithstanding they had their liberty to goe to their Commission Port if they had seen cause, without any debauchery by the Government. All due methods and care was taken to prevent embezlement, and the securing the Lord High Admiral's dues to the satisfaction of the Collector and Receiver, and content of the owners and sharers. Signed, West. Clarke, Secrty. Endorsed, Recd. Read Feb. 1, 1705/6. 3¾ pp. [C.O. 5, 1263. No. 59; and 5, 1291. pp. 309–319.]
Feb. 2.74. Mr. Jackson to the House of Commons. The Fort or Garison at St. Johns is of timber and very ill situated etc. (see No. 54). On the other side of the Harbour there is built a pretty little Castle all of stone and substantiall timber that by nature and art is very strong, whose full complement is 30 men. Had the garrison been equivalent in strength and goodness, it had been an impregnable place. As it is, it is more a scare-crow or Pageant than a fortification. The Government has been, ever since I knew the land, arbitrary and despotick (this last year only excepted), the commanders oppressive, tyrannical, traders, and great abusers of trade. Describes the fishery, as supra passim. In almost every harbor there is set up a King, as they call him, wch. is one that hath been an old frequenter of an Harbor, who by extortion is grown rich, and by unconscionable meanes has involved the inhabitants into his debt. What these poor wretches cannot pay off the next year, these Kings extort double. Mr. Roop has been 25 months in fixing the Boom, having all imaginable help, and now so meanly and unskilfully performed that I have heard some masters of ships say a New England sloop will force it. He is partial and mercenary. He was given 200l. to aggravate matters here against others. The officers are immoral: he that will not be made cuckold by them is certainly made a slave etc., and because I have endeavoured to stop this torrent of vice, I have all along been abused by them. Mr. Latham as Chief Mason had a large sum sent him yearly to pay labourers, most of which he employed in buying liquors and in trade, and many of the soldiers employed about the boom are unpaid to this day. He has not laid a penny out upon the garison (fort), altho it run to daily ruin, and being often solicited by Capt. Moody, in this, as in everything else, he would not obey him; he refused to pay me much that is owed, and would not make my lodgings in the fort fit to live in. He frightened the inhabitants from paying me their yearly dues of fish. Prays for redress therein. As to the trade of New England there, I never could perceive but it was beneficial, for as their ships arrived sooner than ours, so they supply that country with provisions at more reasonable rates than we do, wch. saved many families many times from starving etc. Besides they are a people indebted to the Crown of England above 100,000l. sterl., and to debar them of the trade of that country will incapacitate them for ever paying that debt, for they have often told me that they pay yearly more money to England out of the product and barter of that country then they do out of the whole product of their own Colony. Signed, John Jackson. Endorsed, Recd. Feb. 25, 1705/6. 8½ pp. [C.O. 194, 3. No. 120.]
Feb. 2.
Whitehall.
75. Council of Trade and Plantations to the Board of Ordnance. Governor Parks having discoursed with us concerning a proportion of stores of war for the Leeward Islands, we desire you to let us know what stores of war have been sent to those Islands, if any, since those sent thither by the Office of Ordnance, March 27, 170¾. [C.O. 153, 9. p. 292.]
Feb. 4.
Boston.
76. Members of the Church of England to the Council of Trade and Plantations. Lt. Governor Povey is now bound home. He has with all skill and application attended H.M. service to the great satisfaction of the Governour and all good men here. The support for 4 years past given by the Generall Assembly, as Lt. Gov., has amounted to no more than 150l. which has been nothing to the expence he has been at to maintain the honour of his post. He has obtained leave to return to the great sorrow and trouble of H.M. good subjects here. The troubles of this Province by the war has occasioned utmost difficulty and fatigue both to the Governor and himself, and we account it our duty to represent the unkindness and neglect of the Province towards them both, but our influence is too small to amend it here. If it were possible that he might be returned to us with a good establishment, both for the Governour and himself, to put them beyond the power of a difficult and ungratefull people, it would establish H.M. Government and prosperity of this Province. Signed, Benj. Mountfort, Hen. Francklyn, Petr. Hawksworth, Giles Dyer, John Eastwicke, John Devir, Wm. Tayler, Cyprian Southack, Tho. Child, Chris. Bridge, M. Roberts, J. Nelson, Elyde [sic] East Apthrop, J. Dulton, Ri. Harrison, J. Redknap, Saml. Baker. Endorsed, Recd. Read June 4, 1706. 2 pp. [C.O. 5, 864. No. 63; and 5, 912. pp. 151–153.]
Feb. 4.77. Order of Committee of House of Lords. The Council of Trade to produce documents concerning the petition of Mr. Kirton etc. (No. 51). Set out, House of Lords MSS. VI. p. 365. Endorsed, Recd. Read Feb. 7, 1705/6. 2 pp. [C.O. 28, 9. No. 31; and 29, 10. pp. 24–26.]
Feb. 4.
Whitehall.
78. Council of Trade and Plantations to Governor Nott. We are glad to understand by your letter of Sept. 22 that you are safely arrived in your Government, wherein we wish you all satisfaction and happiness. We have considered the particulars of your said letter, which relating chiefly to the Revenue, and your having yourself said the same things before the Lord Treasurer from whom you are to expect directions, we have nothing to say thereupon, but that you will do well at all times, however, to continue to give us a particular account of all things relating to your Government, though it do not immediately come under our cognizance. The directions given you relating to the sinking of letters are the same as was sent to the Governors of all H.M. other Plantations, and was done in order to prevent the enemies getting intelligence of the state of the Plantations by letters taken on board of ships coming from thence. We understand the Assembly are of another opinion, but we continue nevertheless to enjoin you to direct that all your letters and such as in any manner relate to H.M. service be thrown overboard in such case of imminent danger, and that you nevertheless recommend to the people the causing their letters to be thrown overboard as aforesaid, as being for the benefit and safety of the Colony and the trade thereof. And whereas you in Council have appointed Col. Blakiston Agent for the Country, when he shal apply to us in that capacity, we shal give him all the necessary countenance, but we are to give you the same caution as we have to other Governors, that the Agent may not be permitted to receive any papers immediately from the Assembly, but that all public matters be transmitted by you directly to any of H.M. Ministers of State or to our Board, as they may properly belong, and that the Agent be empowered by your direction only to sollicite their dispatch accordingly. P.S.—Our Secretary in sending you the warrants for the new Seal, omitted to acquaint you that the old one, after it was broken, was to be returned to us, to be laid before H.M. in Council. [C.O. 5, 1361. pp. 437–439.]
Feb. 4.
Cockpitt.
79. Mr. Sec. Hedges to the Council of Trade and Plantations. Encloses following. Signed, C. Hedges. Endorsed, Recd. Read Feb. 8, 1705/6. 1 p. Enclosed,
79. i. Answer of Sergt. James Bromfield and other soldiers at Portsmouth to queries No. 50. Jan. 30, 1705/6. (1) 66. (2) 56. (3) 80 or 81 with two drums and no officer. (4) 3. (5) 18. (6) 12l. to Capt. Lloyd and 6l. to the men from which was deducted the price of ammunition shirts 9s., shoes 8s., stockings 4s., waistcoats 15s., butter 9d. per lb, cheese 8d. etc. Signed, Ed. Harman, Mayor etc.
79. ii. Copy of Queries, No. 50. 1 p.
79. iii. List of 27 men in Lord Paston's Regiment who testified at Portsmouth as mentioned above. 1 p. [C.O. 194, 3. Nos. 110, 110.i.–iii.; and (duplicate) 110.v., vi.; and 195, 4. pp. 185–192.]
Feb. 4.
Whitehall.
80. Council of Trade and Plantations to Governor Lord Cornbury. Acknowledge letter of Feb. 19, 1705. We observe what your Lordship says of Mr. Morris's behaviour, and have been apply'd to by some of the Proprietors, his friends, men of credit and estate here, who have assured us that he will comport himself for the future with all due respect and regard to your Lordship and H.M. service; so that in order to reconcile the minds of all under your Lordship's Government, we do think fit at present that upon his submission your Lordship do readmit him into the Council of New Jersey. What has been alledg'd in relation to the pretended forms of the surrender of that Government is not true. The surrender was absolute and without terms. We did indeed consent, at the Proprietors' desire, to add some clauses to your Lordship's Instructions; but that was no condition of the surrender: and therefore we think your Lordship has done well in maintaining the contrary. H.M. has appointed Mr. Townley, Mr. Cox and Mr. Mompesson of the Council. As to your desire that we should recommend Mr. Mompesson to H.M. for the place of Chief Justice of New Jersey, we must refer your Lordship to what we writ you March 26, 1705, in relation to New York upon the same subject. Mr. Dockwra, in the name of the Proprietors of the Eastern Division of New Jersey, having recommended to us Mr. Peter Sonmans, their Agent and General Attorney, who is lately gone over to New Jersey, as a person fitly qualified to fill up any vacancy that may happen in the Council there, and being inclinable to gratifie the said Proprietors herein, if your Lordship have no objection hereunto, we desire to hear from your Lordship what you have to offer thereupon. In answer to what your Lordship writes about fines, forfeitures and escheats, and to the appointing of a Ranger of the Woods refer to Mr. Attorney General's report [see Oct. 19, 1705] which will be a guide to your Lordship upon other occasions. We have considered the Acts which past in Nov. 1704, and have not any material objections thereunto, but as there are some things which we wish might be amended, we shall defer laying the said Acts before H.M. till your Lordship has had an opportunity of acquainting the Assembly with our observations thereupon. The Act for the settling the Militia, in the last proviso but one, enacts that the sums of money thereby to be levy'd are to be paid into the hands of the Receiver General, or Secretary, or such other person as the Governor under his hand shall appoint, and the money to be apply'd also to such publick uses as the Governor shall direct; whereas we think that publick moneys ought only to be paid into the hands of the Receiver General, and the uses to which it ought to be apply'd for the support of the Government should be express'd in the Act, and not left at large as it is in this: which we desire your Lordship therefore to be mindful of for the future. Tho' the design of the Act for uniting and quieting the minds of all H.M. subjects in New Jersey be very good, yet there are some things in the Act which render it unfit for H.M. royal confirmation, viz. that it pardons (amongst other crimes) all murders, high-treason and piracy committed before Aug. 13, 1702, whereas H.M. has reserv'd to herself by her Instructions to you the pardoning of those crimes, and therefore we desire your Lordship to endeavour to get this amended in another Act to be pass'd for the like purpose. We have no other objection to the Act for altering the present Constitution, and regulating the election of Representatives etc. but that it does not regulate the quantity of acres necessary to qualify persons to elect or be elected Representatives in the General Assembly. Your Lordship will have seen by H.M. Additional Instruction sent you [April 20, 1705] what we intended upon that matter, quoted. But if your Lordship find the regulation too high, you may endeavour to get a new Act past for proportioning that matter otherwise. In the mean time this Act will remain in force without being confirm'd by H.M., and your Lordship will make a suitable use of your Instructions in that behalf. A complaint having been made to us that the elections for the last Assembly were made in such haste that there was not due and timely notice, and some towns [had] no notice at all of the day appointed for that purpose, we desire your Lordship therefore to be mindful for the future of giving such notice (14 days at least) that all who have a right may have time to repair to the place of election, as they shall see fit. There has also been a complaint that 3 Members were kept out of the said Assembly upon some objections made against them by Thomas Revell and Daniel Leeds, and that after the said objections were removed, your Lordship still refused to admit them. We must therefore advise your Lordship to be careful in preserving such privileges of the Assembly as are belonging to them. The Proprietors of the Western Division complain that your Lordship has caused their late Secretary to deliver all publick books, records, and papers to Mr. Bass, Secretary of the Province, and that their records of deeds and conveyances are carry'd out of the Province, which they alledge may be of very great prejudice to them. We are of opinion that all books and papers, deeds and evidences relating to the proprietorship of the soil be not taken out of the hands of the Proprietors' Agents, and that if it be done, they be restored, and that no publick papers whatsoever be carry'd out of the Province. It has further been complained of to us that your Lordship has put into the Commission of the Peace several mean and contemptible persons, particularly one Salter, whom your Lordship knew was under prosecution for felony, and granted Commissions in the Militia to other persons who have no estates in the Province. What truth there is in this complaint your Lordship can best judge; but we think it however necessary to advise your Lordship to be careful what persons you put into the Commission of the Peace or Militia, that they be persons of good estates, and well qualify'd for those employments. We have not received any Minutes of the Council or Assembly since your Lordship's being in that Government; we therefore desire that we may have fair transcripts of the said Minutes both for the time past and for the future, as also copies of all other publick Proceedings and Acts of Government. The want of prisons in New Jersey is a matter proper to be laid before the General Assembly. Your Lordship will therefore represent to them the necessity of having such prisons built, that they may grant a sufficient fund, which may be appropriated to that service. A new Seal for New Jersey was sent your Lordship by Coll. Nott. By the words, "due provision for the respective Members of our Council and Assembly," in clause 22 of your Instructions, it cannot be understood that a salary should be settled upon them, but only that due provision be made of paper, ink, fire and other necessaries for carrying on the service, and suitable salaries be provided for the clerk and other officers that attend the said Council and Assembly. We are glad to perceive that the tax for one year has been so easily raised; and we hope that by your Lordship's prudent conduct everything else will be made easy also. [C.O. 5, 994A. pp. 259–267.]
Feb. 4.
Whitehall.
81. Circular letter to the Governors of Plantations to the Council of Trade and Plantations. You are to transmit accounts of Mr. Bridger's proceedings as Surveyor General to give him aid, and to get an Act passed for encouraging Naval Stores, etc. Set out, New Jersey Archives, 1st Ser. iii. p. 122. [C.O. 324, 9. pp. 117, 118.]
Feb. 4.
Cockpitt.
82. Sir C. Hedges to the Council of Trade and Plantations. Encloses following for their opinion. Signed, C. Hedges. Endorsed, Recd. Read April 24, 1705/6. 1 p. Enclosed,
82. i. Extract of letter from Governor Lord Cornbury to Mr. Secretary Hedges, New York, July 15, 1705. Repetition of views of the trade of New York and dispute with the Assembly as to amendments of Money Bills etc. 5 p. [C.O. 5, 1049. Nos. 12, 12.i.; and (without enclosure) 5, 1120. p. 451.]
Feb. 4.
Treasury Chambers.
83. W. Lowndes to Mr. Popple. Encloses following for the opinion of the Council of Trade and Plantations. Signed, Wm. Lowndes. Endorsed, Recd. Read Feb. 12, 1705/6. 1 p. Enclosed,
83. i. Mr. Heathcote to the Lord High Treasurer. Memorial upon the production of Naval Stores in New York. New York, Nov. 9, 1715. Signed, Caleb Heathcote. 10 pp. Set out, New York Docs. iv. pp. 1158–1162. [C.O. 5, 1049. Nos. 5, 6; and 5, 1120. pp. 397–411.]
Feb. 4.
Whitehall.
84. Council of Trade and Plantations to Governor Seymour. Acknowledge letters of Sept. 29, 1704, and July 3 and Aug. 28, 1705. We are glad that by your care and conduct you have suppress'd the combination between the Indians and some of the indigent people in your Government, but we do not well understand what you write, Aug. 28, that you had consented to sell two of the criminals to some of the Islands for the country's good. We desire therefore that you would explain who those criminals are, and by what authority they are sold. What you write about the want of arms and ammunition has been laid before H.M., but Col. Blakiston having provided 200 muskets, 100 carabines, 100 cutlasses, 100 halberts, 200 cartouch-boxes, 110 half-barrels of powder, 5 thousand weight of lead, and 22 drums out of the money remitted him arising by the 3d. per hhd. appropriated for that use, we hope that service is sufficiently taken care of for the present. We have also laid before H.M. the chief particulars in your letters, upon which H.M. has been pleas'd to direct us to write to you as follows. As to an Armourer, we have given in charge to Col. Blackiston to provide and send such an officer, who is also to be storekeeper, and H.M. leaving it to you to appoint him a fitting salary not exceeding 100l. per annum, as is propos'd by you, to be paid out of the Revenue to be rais'd in your Government. H.M. likewise approves of your proposal for reducing the Provincial Judges to four itinerant Judges, who are to go their circuits at such times and in such manner as you with the advice of the Council shall find most proper, and you are accordingly to give the necessary direction herein. H.M. has likewise been pleased to approve of your proposal in relation to Mr. Bladen, and you are accordingly to settle a salary upon him as Attorney-General, of 100l. per annum, out of the Revenue to be raised within your Government as aforesaid. As to your scheme for settling of Ports, H.M. has been pleas'd to respit her determination thereupon, till you shall have given an account how far the Assembly have comply'd with H.M. late Instructions to you upon that subject, which were sent you May 8, 1705. However, in the meantime we are to inform you that H.M. is so sensible of the advantage that will accrue to trade by the settling of Ports and other particulars relating thereunto, that in case the Assembly shall not have a due regard to H.M. directions therein, H.M. will then think fit to appoint such Ports by her own authority, pursuant to Acts of Parliament in that behalf. You will do well therefore to lay the same before the Assembly for their consideration. We have laid before H.M. the two Acts relating to Popery, whereupon H.M. has been pleas'd to direct us (as you will see by the inclosed order) that the second Act for suspending part of the first be re-enacted without any limitation of time, whereby it will be in H.M. power to repeal the same, at any time when she shall think fit. We have likewise conferr'd with the Lord Baltimore upon the behaviour of the Papists in your Government, and his Lordship has thereupon communicated to us his letter to Mr. Hunter and those of his Society, requiring them to demean themselves for the future without offence, and with all due respect to you and the Government, a copy whereof we send you. As to the Quakers, as they enjoy the Protection of the Government under which they live, we conceive it is but just and necessary that they bear a proportionable share in the defence thereof; and therefore it is H.M. pleasure that they be obliged to contribute to the safety of the Province of Maryland, in reference to the Militia, in the same manner as in England and other Plantations; but in all distresses where they refuse to pay you are to take care that such distresses be within the bounds of moderation, and that no more be taken than what is necessary to answer the summ demanded of them. We have under consideration the body of Laws you have sent us, together with your observations thereupon, in order to our laying the same before H.M. and shall not fail of giving you due notice of what shall be determined thereupon. And whereas complaint is made unto us by Sir T. Laurence, of hardships sustain'd by him in Maryland, as Secretary of that Province, by an Act lately past there for ordinary licences and applying them to other uses, we cannot but remind you of the fitness of supporting H.M. Patent Officers, and that nothing ought to pass in their prejudice, without H.M. especial commands. We have not thought fit to propose to H.M. the repealing of the said Act immediately, for that the profit arising by such licences would entirely cease; but we must recommend to you the settling that matter, so that justice may be done to the said Patentee, and that he do not suffer by the loss of any of his fees and emoluments to which he may have a just pretention by virtue of his patent.
P.S.—Our Secretary in sending you the warrants for using the new Seal, omitted to acquaint you that the old one, after it was broken, was to be returned to us, etc. [C.O. 5, 726. pp. 367–373.]
Feb. 4.
Whitehall.
85. Council of Trade and Plantations to Governor Dudley. Since ours of April 12, we have received yours of March 10 and 22, April 5 and July 25. We have laid before H.M. what you write us about Connecticut and Rhode Island's not complying with H.M. commands in reference to the quota of assistance for the Massachusets Bay, as also about the claim and pretence of Rhode Island to a Vice Admiralty power, and their granting a Commission to the Charles gally, a privateer. We have also laid before H.R.H. the Lord High Admiral Mr. Colman's behaviour in that affair for his determination therein. But as Mr. Colman and the rest of the owners of the Charles gally have writ to us two letters containing some complaints in relation to the condemnation of the said galley in which you are concerned, we send you copies of the said letters for your answer thereunto. We have laid before the Lord Treasurer the account of the pirates' effects, with our opinion [see Dec. 19, 1705]. We have also laid before his Lordship what you write about the Post Office. As soon as any determination shall be taken upon both or either of these particulars we shal not fail of giving you notice. We observe what you write in reference to Mr. Usher's accounts with Massachusets Bay, and are glad the Councill and Assembly have proceeded so far in agreeing the same, but we do not see how H.M. can interpose in commanding them to pay the ballance of his account, the revenue of that Province not being by any law under H.M. direction. We think you ought rather to interpose with the Assembly in laying before them the justness of Mr. Usher's demands, and the hardship in keeping of him so long from what is his due. We do not see how to remedy what you write about the smalness of the Judges' salaries, and the difficulties you labour under upon that account, whilst H.M. commands are so little regarded as they have been in other matters in the Massachusets Bay. And as to your desire of a Chief Justice to be sent from hence, we cannot offer it to H.M., unless you had proposed to us some method for paying his salary; for it is not reasonable H.M. should be at that expence where there is no revenue sett apart for such services. Your desire of two able gunners from hence is of the same nature, as also what relates to the establishment of the Castle in 1701, mentioned by you. And altho' H.M. has already given to that Province to the value of above 1,000l. in great guns and stores of war, yet have they not comply'd with H.M. just demands in settling a salary on you her Governor. We are glad Capt. Rednap gives you satisfaction and we desire that you would assist him as much as possible in the dispatch of what he has to do in your Governments in order to his going to New York, where H.M. service requires his attendance. We have laid before H.M. what you write about the state of the French at Quebec as also about the French sloop brought from Port Royal etc. [see Dec. 19, 1705]. We approve of your conduct in relation to the Speaker of the Assembly. You did well to assert H.M. prerogative in that particular, which is reserved to H.M. as well by the Charter as by the constitution and practice of England; and therefore you may upon the like occasions acquaint the Councill that it will not be thought fit that H.M. right of having a negative upon the choice of a Speaker and of Counsellors be given up. H.M. having repealed an Act of Connecticut, entituled "Hereticks," we inclose H.M. Order in Councill of Oct. 11, 1705, for that purpose, which you will take care may be safely conveyed to the Governor of that Country. And whereas several of the Quakers here have complained to us of a paper said to be printed at Boston by authority, entituled, "The Boston News Letter," dated Oct. 29, 1705, containing reflections upon their proceedings here in England, we think it fit to give you this notice that none of that persuasion have made any application to this Board in reference to New England otherwise than against the forementioned law entituled "Hereticks," and that the spreading of false news cannot but tend to the creating of heats and animosities amongst H.M. subjects. We observe what you write about the Proceedings of the Assembly in relation to H.M. Proclamation for settling the rate of foreign coins in the Plantations, and have represented the same to H.M. You will do well to continue your endeavours to convince them of the necessity of complying with H.M. pleasure therein. H.M. care in that matter is a great instance of her goodness and her desire of the welfare of her subjects, which will evidently appear unto them if they reflect that most contracts and bargains have their original from a demand of money, and must terminate in payment; that silver is the standard in proportion to its weight and fineness; that if adulterated coins be permitted to pass as the standard (above their intrinsic value) or be alterable at pleasure, it must have the same effect as a general allowance of false weights and measures, the consequence of which is deceit and confusion. You are further to represent to the Assembly that there lies a particular obligation on them to enforce a due obedience to H.M. commands herein, for that the regulation of the rates at which foreign coins are to pass was calculated from a law of their own. We approve of your requiring the Receivers and Collectors of the publick revenue to observe the directions of the said Proclamation in their receipts and payments. You may likewise acquaint the Assembly that it is absolutely necessary to settle a true and uniform standard, in order to prevent clipping and coining, and other deceits in the trade, by crafty and designing men, by which means fair and honest dealing will be settled among yourselves, and with your neighbours, and trade established upon a solid foundation agreable to equity and justice. The particular interests of some designing men ought not to overballance these considerations. Since the writing of this we have received your letters etc. of Nov. 1, 2, 3, and 15, 1705, wch. we shall consider in due time. We observe that you have caused the old seals of the Massachusets-Bay and New Hampshire to be broke, but our Secretary in sending you the warrants for using the new seals having omitted to acquaint you that the old ones were to be returned so broken, to be laid before H.M. in Council, we think fit to give you this notice that you may do the same by the next opportunity. And we have according to your desire represented the report upon the Mohegans etc. [see Jan. 24]. Refer to Representation and Order in Council appointing R. Waldron [see Dec. 20, 1705]. But not knowing what other vacancies there are in the Council of New Hampshire, we have not at present thought fit to offer that Col. Hilton and Col. Smith be admitted members; you did intimate indeed, Aug. 5, 1703, that Nathaniel Fryer and John Ware were superannuated, but you did not give us any account whether they had forborn attending in Council, or whether they had desired to be dismissed. We desire you therefore to give us a particular answer hereunto, and that for the future we may be informed of all the vacancies that may happen in that Council whether by death or otherwise. Sir H. Ashurst having complained to us that you had refused to admit his couzin, Peter Serjeant, into the Council of the Massachusets Bay, tho' he was several years chosen for that place, we desire you to let us know your reasons. What you have writ relating to the disputes between the Rhode Islanders and others, concerning the Narraganset Country, as also the irregularities of Connecticut and Rhode Island, has been represented to H.M. [C.O. 5, 912. pp. 114–124.]
Feb. 4.
Whitehall.
86. Council of Trade and Plantations to Governor Lord Cornbury. Acknowledge letter of July 8. We have not receiv'd your letter of Nov. 6, which you referr us to, and therefore we desire your Lordship upon all occasions to send us duplicates of all your letters by different conveyances. We have considered what your Lordship has acquainted us with, upon the Bill for raising 1,700l., whereupon we observe that the Assembly was very much to blame in disputing the Councill's amendments in that Bill, for that the Councill has undoubtedly as much to do in the forming of Bills for the granting and raising of money as the Assembly, and consequently have a right to alter or mend any such Money Bills as well as ye Assembly. In other H.M. Plantations the Assembly do not pretend to the sole right of framing Money Bills, but admit of the Councill's amendments to such Bills, as there may be occasion. No Assembly in the Plantations ought to pretend to all the priviledges of the House of Commons in England, which will be no more allowed them then it would be to the Councills, if they should pretend to all the privileges of ye House of Lords here. Wee are also of opinion that the Assembly have committed another error in the preamble of that Bill, in not granting the money thereby intended to be raised to H.M., which is more than the Assembly of the Massachusets Bay under their Charter have presumed to do; and which need not hinder the Assembly of New York from appropriating the money so granted to such particular uses as are found requisit. We do further observe that the penalty in the last clause of the Bill is of an extraordinary nature, such as no Assembly any where else ever attempted before. It is highly presumptious in the Assembly to pretend to propose or pass any clause, whereby H.M. is restrained in her royal prerogative of pardoning or reprieving her subjects, whenever she sees it reasonable or convenient. Besides there are divers other exorbitant severities in it which may occasion law suits and tend to the distraction of families, of which there has been examples in New York. The penalty ought rather to have been pecuniary with imprisonment till the penalty be paid. We desire your Lordship therefore to acquaint the Assembly with these matters that they may avoid the like errors for the future. We do likewise observe to your Lordship that when the Assembly raise extraordinary supplies for particular uses (which is no part of H.M. standing and constant revenue), they may be permitted to name their own Treasurer. And such Treasurer may for such supplies be made accountable to the Assembly and to the Governor and Councill also. And such moneys may be issued by warrants from the Colonells, Captains etc. according to the direction of the Act, but the Governour ought always to be informed of the occasion of the issuing of such warrants, and all persons concerned, whether Colonells, Captains, Treasurer etc., ought to be accountable to the Governour, Councill and Assembly as aforesaid. Now having given your Lordship an account of what we think amiss on the part of the Assembly, we hope no occasion has been given by the Government for any just diffidence, and that your Lordship has and will lay before them an account of all monies raised by Acts of Assembly, when ever they shall desire the same, that upon their being satisfyed with the right application thereof they may be encouraged to raise further supplies towards their own support and protection as is expected from them by H.M., whereby an end may be put to the demands your Lordship makes from hence of arms and ammunition for the defence of the country, it being thought reasonable, that each Colony should make due provision thereof for themselves. And we further recommend that such moderate and perswasive means be used by your Lordship with the Assembly, that H.M. subjects in that Province may not be deprived of the succours that are necessary for their preservation. We are glad your Lordship[s] is preparing to send us the Minutes of the last Assembly, but as we have receiv'd none from your Lordship, we desire that we may have fair transcripts of all Minutes of Councill and Assembly, and of all other publick Proceedings since your Lordship's Government. Two friggats [see Dec. 6, 1705], having some time since been sent to attend the service of New York, we doubt not but they will be sufficient to protect the coast of New York from the French privateers. The account of stores of warr expended at New York your Lordship has sent us is not so particular as it ought to have been, for by that we cannot tell what stores are remaining, and therefore cannot ask for any to be sent till we know the particular of what is wanting, and that your Lordship may be the better enabled to give us such an account as will be necessary, we send you here inclosed a copy of H.M. letter to you, which we forwarded to your Lordship March 26 last, by which you will perceive what sort of account it is H.M. expects. Unto which we are to add that the Province of New York ought to provide towards its own security by giving such necessary funds (as is done in other Plantations), for furnishing the inhabitants with arms, as there may be occasion. And therefore your Lordship will do well to represent this matter to ye next Assembly. And we must caution your Lordship that none of the publick powder be spent in unnecessary salutes. It being thought fit that the respective Plantations should provide themselves with Statute Books and such small necessaries where they are wanting, we have acquainted Mr. Sloper, your Lordship's Agent, therewith. The new Seal for the Province of New York was sent to your Lordship by Col. Nott. We have now under consideration an Act we received from Col. Lodwick, declaring the illegality of the Proceedings against Col. Bayard and Alderman Hutchins etc., which has no date to it, nor is it signed by your Lordship, so that it does not appear when it was past; whereupon we must remind you of what we have formerly writ, vizt., that all Acts ought to express the year of H.M. reign, in which they are pass'd, and also have the time when they pass'd the Assembly set down at the bottom, as well as the time when they pass'd the Councill and received your Lordship's assent, which we desire your Lordship therefore to be mindfull of for the future. H.M. having thought fit to send Capt. Rednap to succed Col. Romer for the finishing and repairing the forts and fortifications in New England and New Yorke, and Rednap having been some considerable time already in New England, your Lordship may, so soon as he shall have finished his work there, send for him to attend the service of New York. P.S.—You are to return the old Seal to us, broken, by the next opportunity. [C.O. 5, 1120. pp. 384–392.]
Feb. 7.
St. James's.
87. Order of the Queen in Council. Repealing Laws of Pennsylvania, upon Representation of Jan. 17 last. Signed, John Povey. Endorsed, Recd. Read Feb. 26, 1705/6. 2¾ pp. [C.O. 5, 1263. No. 64; and 5, 1291. pp. 332–335.]
Feb. 7.
St. James's.
88. Order of the Queen in Council. Representation of the Council of Trade and Plantations of Jan. 10, relating to the misfeazances of the Proprietary and Charter Governments, is to be sent to Mr. Secretary Hedges to receive H.M. further pleasure, the matter contained therein being proper for the consideration of the Legislature. Signed, John Povey. Endorsed, Recd. Read Feb. 12, 1705/6. 1 p. [C.O. 5, 1263. No. 60; and 5, 1291. pp. 320, 321; and (with copy of Representation enclosed) 5, 3. Nos. 24, 24.i.]
Feb. 7.89. Mr. Jackson to Sir C. Hedges. Duplicate of No. 74. Endorsed, R. March 13, 1705(6). [C.O. 194, 22. No. 59.]
Feb. 8.
Treasury Chambers.
90. W. Lowndes to Mr. Popple. The Lord Treasurer refers enclosed petition to the Council of Trade and Plantations for their opinion. Signed, W. Lowndes. Endorsed, Recd. Read Feb. 12, 1705/6. Addressed. 1 p. Enclosed,
90. i. Thomas Byerley to the Lord High Treasurer. Whereas the Governor of New York has made an Order in Council that H.M. thirds of all seizures condemned in that Plantation shall be applyed to defray the charges of prosecution, and the Commissioners of H.M. Customs have lately signified to Petitioner that he ought to be accountable for the same before them, notwithstanding he has duly entred the same in his account laid before your Lordship; and whereas he is obliged by his office to prosecute all seizures, notwithstanding the greatest part of them are of so small value as not to defray one moyety of the charge of prosecution, and whereas disputes frequently happen by reason of preferences made and extraordinary orders for payment of money, Petitioner prays that Instructions may be given herein. Copy. 1 p. [C.O. 5, 1049. Nos. 3, 4; and 5, 1120. pp. 394–396.]
Feb. 8.
Whitehall.
91. Council of Trade and Plantations to the Committee of the House of Lords. Enclose documents required, No. 77. [C.O. 29, 10. pp. 26–31.]
[Feb. 8.]92. Petition of the Agents of Barbados to the House of Lords. Pray to be heard by Council in reply to Mr. Kirton etc. (Jan. 25). 1¼ large pp. Set out, House of Lords MSS., VI. pp. 373, 374. [C.O. 28, 9. No. 32.]
Feb. 9.
Whitehall.
93. W. Popple to Lt. Moody. Encloses copy of soldiers' Reply, No. 79.i. You are to take the affidavits of such of the soldiers lately come from Newfoundland as may be in London, before a Master in Chancery, as to the truth thereof, or to anything else they may know as well in relation to Newfoundland as to Capt. Lloyd. [C.O. 195, 4. pp. 192, 193.]
Feb. 9.
Whitehall.
94. W. Popple, jr., to Governor Nott. Since writing, Feb. 4, the Council of Trade and Plantations have received yours of Dec. 24, but have not time at present to answer by reason of the departure of the ships. [C.O. 5, 1361. p. 440.]
Feb. 9.
Whitehall.
95. W. Popple to Governor Lord Cornbury. Encloses packets for Col. Dudley; and acknowledges letters of July 13, Nov. 20, 26, and 27, received since Feb. 4. The Council of Trade and Plantations have not time by reason of the departure of the ships to answer the same; they intend to do it by the first oppertunity. [C.O. 5, 1120. pp. 393, 394.]
Feb. 9.
Whitehall.
96. W. Popple to Isaac Addington. Acknowledges letters. [C.O. 5, 912. p. 125.]
Feb. 11.
Boston, New England.
97. Mr. Nelson to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. It is of great import to all Gentlemen of honor, loyalty and distincktion in this Country, as allsoe to the good establishment of the Church, and being informed of the endeavors of a ffaction who are buisie to reinstate themselves into the Govermt., I have for H.M. service thought it necessarie to inclose the case of our present Governor. The tranquillitie of this Country, joyn'd with ye honor and interest of the Crowne here, cannot in our apprehentions be better preserv'd then under his conduct etc. Signed, J. Nelson. Endorsed, Recd. Read Aug. 8. 1706. 2 pp. Enclosed,
97. i. The case of Governor Dudley. After 9 years' service in the Isle of Wight, as Lieut. Governor, to a great expence of his own, he was appointed Governor of the Massachusets and New Hampshire by King William III. His Commissions were renewed by the Queen. The 4 great seales and his necessary equipage amounted to 1,300l. sterl. when he came away. In the 4 years of his government he has received of the Massachusets Province 1,400l. sterl., which will not pay him his advance and find him a stable to put his horses in. During these four years his annual expence, house rent, servants, horses and a table amounts to 700l. per annum. For the whole time of his administration hee has been in warr with the Indians, and by the confession of all the People, the Indians were never before so well kept off, or distressed and putt from all their castles, planting and hunting, being removed some hundreds of miles distance. There was never any complaint offered against him but that which displeases is his care and attendance on the Church of England, the strict pursuit of H.M. commands, for the setling sallarys, the rebuilding of Pemmaquid and the care of the Acts of Trade. Refers to his Reports upon the Mohegin Indians and the government of Rhode Island, which have greatly displeased the Governments of Connecticut and Rhode Island. If he be now removed, without any complainte againste him, it will be to his very great damage and loss of his paste expences, being therein greatly hurte in his estate and honour, etc. to the great satisfaction of those two Governments etc. 2 pp. [C.O. 5, 864. Nos. 72, 73.]
Feb. 12.98. Navy Board to [? the Admiralty]. In reply to enquiry about Naval Stores, quote their Report of May 22, 1703, q.v. 2 pp. [S.P. Naval, 7. Under date.]
[Feb. 12.]99. Copy of Report of the Committee of the House of Commons on the Trade of Newfoundland. See Journal of House of Commons, Feb. 12, 1705/6. Endorsed, Recd. March. 19, 1705/6. 7½ pp. [C.O. 194, 3. No. 145.]
[Feb. 12.]100. Mr. Roope to the Council of Trade and Plantations. The men sent over this yeare to relieve ye Company in Newfoundland are many of them greene and rawe, wch. may occation ye death of severall. Proposes that 30 be sent yearly as a reliefe etc. Signed, John Roope. Endorsed, Recd. Read Feb. 12, 1705/6. Holograph. 1 p. [C.O. 194, 3. No. 111; and 195, 4. p. 194.]
Feb. 12.101. Same to Same. If there should be a Governour settled at Newfoundland it will prove fatal to the inhabitants and the fishing ships. For whatever injustice he doeth committ is nott easyly redressed. For the fishermen, as in all other trades, have butt litle more yn. ordinary bread, so yt. those poore men cannott spare time, nor indeed ye expences of a voyage hither to gett justice against a designeing Governour, who still will get some of those ignorant people, some by threats, some by faire promises and falce storys, others by being made drunk, to signe, nay sweare something in his favour (as I believe yr. Lordships to plainely see in these two last yeares) and yn. cleare himselfe, and after yt. plague them tenn times woerse. And as [to] wt. is suggested by Mr. Moody, yt. ye inhabitants would nott watch, they desired to watch as they did in ye 2 foregoing winters, and yt. he would nott agree too, butt stood to his first proposall of haveing ye inhabitants to watch in ye fort onely. Proposes that in the winter the people retire to places of strength within their respective divition, bringing with them all their provitions and effects, except those yt. bona fide are gonn a hunting or have leave to goe to some remote place to saw boards, butt neither one nor ye other to carry their familys with ym. That they render themselves to sd. fortresses some time in 8ber, and every yeare on Sept. 20 choose one among themselves to have a power like yt. of a corporate town, and 6 others to succeed in case of mortallity; yt. those yt. cannott be present att ye election may send theire vote in writeing; and allso before ye shipps depart there be a Militia setled by like election, ye Chiefe Officer of wch., on advice of ye approach of ye enimy to followe ye direction of ye Commander of ye Garrison in point of defence, butt nott to be sent out of muskett shott of ye fortress; that all the Commanding Officers be yearely relieved from England, and yt. they be all independent one of another; that there be a good, sober and well approved Minister yt. is nott given to drink setled in each place. 2¼ pp. [C.O. 194, 3. No. 112; and 195, 4. pp. 195–198.]
[Feb. 12.]102. Duplicate of above with addition:—As to what is complained offe yt. the fishing Admiralls engross all ye inhabitants' fish, it is the Amerricans who do not fish, but sell rum from harbour to harbour etc. Presented to the House of Commons, Feb. 2. Signed, John Roope. Endorsed, Recd. Read Feb. 25, 1705/6. 3¼ pp. [C.O. 194, 3. No. 118; and 195, 4. pp. 213–218.]
Feb. 13.103. (1) Affidavit of S. Paynter. Mr. Jones disturbs the course of Justice in Bermuda. He did not come to return the panel at the Quarter Sessions, and after waiting 2½ hours the Sessions had to be dismissed. The prison doors are set open all day, and prisoners like Mr. Nelson might escape if they pleased. Mr. Jones suffers Mr. Starr and Mr. Woodward to go at large, tho' the Governor told him to secure them, etc. Signed, Stephen Paynter.
(2) Similar affidavit, signed, Lewis Johnson.
(3) Similar affidavit, signed, Nathaniell Trout (mark).
The whole endorsed, Recd. from Mr. Nodin Feb. 18, Read March 4, 1705/6. 3 pp. [C.O. 37, 7. Nos. 14–16.]
[Feb. 13.]104. Extract of Report of Committee of House of Commons. That there be six convoys of 4th rate shipps of warr yearly for Newfoundland, etc. Endorsed, Recd. from Mr. Blathwayt Feb. 13, 1705/6. ½ p. [C.O. 194, 3. No. 113.]
Feb. 14.
London.
105. Committee of the Proprietors of the East Division of New Jersey. Refer to their application [1705] that their Agent, Peter Sonmans, might be of the Council, and the subsequent filling up of the Council. Mr. Sonmans arrived in New Jersey six months since and acquainted H.E. with his Commission for Agent, Genll. Attorney, etc., who received him with great kindness. His Commission was read and allowed by the Governour in Councill in August last. Yet some of the unruly Scots and those of their faction, who are the informers of the memoriallists here against the Lord Cornbury, opposed that Commission, pretending they had the majority of the Proprietors' power in them to constitute the Generall Agent. H.E. appointed a day for the parties to appear. The Pretenders were not able to prove their authority to exceed one Propriety and three quarters to support their pretended majority of 24 (the original number of Proprietors). Mr. Sonmans proved his Commission to be above 6 times of more authority then theirs etc. The Governour and Councill therefore confirmed it before a very great audience of the Country to their great satisfaction, and ordered it to be enter'd on record, H.E. also declaring that he had orders by his Instructions from H.M. to admit the Proprietors' Agent to be of his Councill, and did expect that Mr. Sonmans had brought the Queen's letter of approbation with him. Yet were these factious Pretenders so perverse and insolent as to incite one Barclay, a Scotch man, to persist in receiving the Quit-rents etc. of the Proprietors, he being one of their tools, to whom they had presumed to give a Commission to be Receiver Generall. Barclay resisted Mr. Sonman's Commission, until H.E. issued out a Proclamation to make void his pretended authority etc. Pray that Mr. Morris may be dismissed from the Council and Mr. Sonmans ordered to be admitted to it by this convoy. Signed, Wm. Dockwra, Sec. and Reg. Endorsed, Recd. Read April 24, 1706. 2¾ pp. Fully set out, N.J. Archives, 1st ser. iii., 129. [C.O. 5, 970. No. 38.]
Feb. 14.
London.
106. W. Sloper to the Council of Trade and Plantations. Reply of Lord Cornbury's Agent to the memorial of the Proprietors of West Jersey. Signed, Wm. Sloper. Endorsed, Recd. Read April 24, 1706. 5 large closely written pp. Set out, N.J. Archives, 1st. ser. iii., 133. [C.O. 5, 970. No. 39.]
Feb. 14.107. Council of Trade and Plantations to the Queen. Representation on needs of Newfoundland. See Acts of Privy Council, II. pp. 500–504. Repeat in part Representation of July 13, 1705. [C.O. 195, 4. pp. 199–207; and 194, 22. No. 60.]
Feb. 14.
Kensington.
108. Order of Queen in Council. Six ships are ordered for the Newfoundland convoy and provisions for the garrison etc. See Acts of Privy Council, II. pp. 500, 501. Signed, John Povey. Endorsed, Recd. Read Feb. 26, 1705/6. 1½ pp. [C.O. 194, 3. No. 114; and 195, 4. pp. 218–221.]
Feb. 14.
Kensington.
109. Order of Queen in Council. Necessaries ordered for the Company at Newfoundland. Set out, Acts P.C., II. p. 501. Signed and endorsed as preceding. 1½ pp. [C.O. 194, 3. No. 115; and 195, 4. pp. 221, 223.]
Feb. 14.
Kensington.
110. Order of Queen in Council. The garrison at St. Johns to be made up to 200; prisoners at Placentia exchanged; Militia Officers to be constituted in the several harbours to enlist the inhabitants; officers of the Garrison and the Prize Officer prohibited from trading. See Acts P.C., II. 502–504. Signed and endorsed as preceding. 2 pp. [C.O. 194, 3. No. 116; and 195, 4. pp. 224–227; and 194, 22. No. 61.]
Feb. 14.
Kensington.
111. Order of Queen in Council. Stores of war ordered for St. Johns. See Acts P.C., II. p. 502. Signed and endorsed as preceding. 2 pp. [C.O. 194, 3. No. 117; and 195, 4. pp. 228–230.]
Feb. 14.112. Copy of Mr. Jenning's Patent to be Secretary of Virginia, Aug. 12, 1702. Countersigned, Wright. Endorsed, Recd. from Mr. Corbin. 1½ pp. [C.O. 5, 1315. No. 8; and 5, 1361. pp. 440–442.]
Feb. 14.
Berwick in the Province of Mayne.
113. Gentlemen concerned in providing masts to the Council of Trade and Plantations. Notwithstanding the heavy warr that is upon us by the French and Indians, such has been the care and conduct of the Governour, that the Indians in all the parts near us are beaten and burnt out of their forts, and their hunting and fishing destroy'd to that degree that the husbandry and masting of this Province is secured and proceeds to as good effect as in time of peace, and we have at no time desired guards for the labourers about the masts, nor Garrisons for the husbandry, but the Governour has immediately taken care therein, and more often prevented us in our demands than otherwise, so as the Province has been better defended than in any our troubles heretofore. Pray for the continuance of his Government etc. Signed, Ichabod Plaisted, Winthrop Hilton, Richard Hilton, Ezek. Wentworth, Saml. Chesley, Philip Chesley. Endorsed, Recd. May 31, Read June 1, 1706. Addressed. Sealed. 1 p. [C.O. 5, 864. No. 62; and 5, 912. pp. 149, 150.]