America and West Indies
June 1708, 26-30

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1916

Pages

771-785

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: June 1708, 26-30', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 771-785. URL: http://www.british-history.ac.uk/report.aspx?compid=73765 Date accessed: 23 July 2014.


Highlight

(Min 3 characters)

Contents

June 1708, 26-30

June 26.
Kensington.
1581. Two Orders of Queen in Council. The Governor of Jamaica is to be instructed in the matter of escheats as proposed in Representation of June 15, q.v. Signed, John Povey. Endorsed, Recd. Read July 13 and 30, 1708. 2¾ pp. [C.O. 137, 8. Nos. 11, 13; and 138, 12. pp. 294–296 and 300, 301.]
June 26.
Kensington.
1582. Order of Queen in Council. Confirming 2 Acts of Jamaica to prevent slaves being evidence against (1) Manuel Bartholomew, a free negro, (2) John Williams, a free negro. Signed, John Povey. Endorsed, Recd. 15th, Read 17th Jan., 1708/9. 1¾ pp. [C.O. 137, 8. No. 26; and 138, 12. pp. 353, 354.]
June 26.
Kensington.
1583. Order of Queen in Council. The Representation of June 22, relating to a Regiment for Barbados, is to be put into the hands of the Earl of Sunderland for H.M. pleasure therein. Signed, John Povey. Endorsed, Recd. Read July 6, 1708. ¾ p. [C.O. 28, 11. No. 10; and 29, 11. p. 271.]
June 26.
Kensington.
1584. Order of Queen in Council. Approving Representation of June 2 as to the Dep. Governor of Pennsylvania, and ordering accordingly. Signed, John Povey. Endorsed, Recd. Read June 30, 1708. 1¼ pp. [C.O. 5, 1264. No. 47; and 5, 1292. p. 59.]
June 26.
Kensington.
1585. Order of Queen in Council. Confirming, in accordance with Representation of July 29th, 1707, Act of New York for vacating extravagant grants, etc., and repealing Act repealing this and other Acts. Signed, John Povey. Endorsed, Recd. Read July 6, 1708. 2¾ pp. [C.O. 5, 1049. No. 78; and 5, 1121. pp. 294, 295.]
June 26.
Kensington.
1586. Order of Queen in Council. Instructions are to be given to the new Governour of New York, relating to abovementioned Acts and grants of land, as proposed in the Representation of July 29, 1707. Signed and endorsed as preceding. 1¼ pp. [C.O. 5, 1049. No. 79; and 5, 1121. pp. 295, 296.]
June 26.
Kensington.
1587. Order of Queen in Council. Appointing Messrs. Hall and Harrison to the Council of New Jerzey in the roome of Messrs. Revel and Leeds. (See May 31 1708.) Signed. John Povey. Endorsed, Recd. 19th, Read 21st July, 1708. 1 p. [C.O. 5, 1049. No. 85; and 5, 1121. pp. 310, 311.]
June 26.
Kensington.
1588. Order of Queen in Council. Approving Instructions to Governor Lord Lovelace relating to Acts of Trade (June 10). Signed and endorsed as preceding. ¾ p. [C.O. 5, 1049. No. 86; and 5, 1121. pp. 311, 312.]
June 26.
Kensington.
1589. Two Orders of Queen in Council. Confirming 3 Acts of Bermuda as recommended in representation June 22, q.v. Signed, John Povey. Endorsed, Recd. Read July 6, 1708. 1½ andpp. [C.O. 37, 8. Nos. 66, 67; and 38, 6. pp. 393–397.]
June 27.
Nevis.
1590. Governor Parke to the Council of Trade and Plantations. Inclosed I send a Law very much desired by the Assembly of this Island. I think 'tis of an extraordinary nature, therefore pursuant to my Instructions I am not to pass it, till you have seen it. I desire your orders by the first packett after your perusall of it, for untill I receive your orders the Courts will be shut. Signed, Daniel Parke. Endorsed, Recd. Sept. 1, Read Oct. 27, 1708. 1 p. Enclosed,
1590. i., ii. Two Copies of an Act of Nevis to oblige the inhabitants to settle debts contracted before the invasion of 1706. Endorsed as preceding. 2 pp. [C.O. 152, 7. Nos. 54, 54.i., ii.]
June 27.
Barbados.
1591. Governor Crowe to the Council of Trade and Plantations. I have now before me your Lordships' of March 25 and April 15, and what your Lordships command therein shall be punctually obey'd but it's impossible in soe short a time as the pacquett is allowed to stay here to procure any sattisfactuary acctt. of the African Trade or exact import of negroes for soe many years past, altho' I have with uttmost dilligence endeavour'd it, soe must beg your Lordships' patience untill next conveyance. Messrs. Sharpe, Cox, Mills and Walker were last Councill day restor'd to their places at that Board; I am sorrey any ommissions should be made by the Clarkes in transcribing the Minutes. I have given strict orders for preventing futture mistakes. There was little business last Grand Sessions; adjoyned your Lordsps. will receive coppys of the Grand Jurey's Addresses wth. their presentments, which I have some time since endeavour'd to rectifie. Upon the application of the Commanders of severall ships of fforce now loaden here, I have (on their security to defend and stand by each other) given them liberty to saile for London. Some days since a Spanyard came up in one of our trading sloops from Curracco with passports from the Agents of the Spanish Assento for two sloops with negros, if the merchts. here would send any to Carthageen at 35l. per head to be paid there, which is but an inconsiderable price, however I have encouraged the Traders to make an adventure, soe soone as they can procure proper vessells, in hopes of a more advantagious trade, and in the mean time I take all the methods I think can conduce to pleasure the Spanish mercht. and his attendants, but that nation has been soe terrified by former ill usages in this Government, that he would not adventure to bring any effects or money with him. Altho' on recept of your Lordships' letter per last pacquett I gave directions that all the Pattent Officers should give me as neer an acct. as they could of the yearly value of their places severall of them have not yett comply'd. The expected ffleet are much wanted and will have the misfortune of lying here in the most dangerous season of the year. H.M. men of warr are now a cruizeing off Martinique. Signed, M. Crowe. Endorsed, Recd. Sept. 17, Read Oct. 27, 1708. 2 pp. Enclosed,
1591. i. Address from the Grand Inquest of Barbados. We are ready to offer our lives and fortunes for H.M. service etc. Signed, Samuel Hasell, John Price, Antho. Lane, Wm. Hunt, John Dottin, John Waterman, George Scott, Christo. Webb, John Worrell, Thomas Shaw, Henry Neale, Richard Farr, Robert Bishop, Phillip Austin, Jonathan Franklin, Samuel Cox, Wm. Harris. Copy. 1 p.
1591. ii. Presentment of the Grand Inquest of Barbados to Governor Crowe. Return thanks to H.E. for having the Court of General Sessions held more regularly and legally than hitherto, and for the appointment of a Cheif Judge who has discharged his trust with moderation and justice. Justice has now its free course and is not made a cloake to arbitrary and particular designs. We return thanks for the Law to state and settle the public accounts, which gives hopes that the misapplications and imbezelments of very great sumes lately raised will be fully discovered and satisfaction made. We esteem it a great happiness that the freedom of election of Representatives has been maintained, and that we are now free from the violence lately used to hinder it. Pray for the due application of the 4½ p.c. to the relief of the Island. Represent the inconveniences occasioned thro the want of currant cash, and the great benefitt the Island would reap by a trade with New Spain etc. Signed as preceding. 2 pp.
1591. iii. Address of the same to George Lillington, Chief Judge. Return thanks for his moderation and justice, etc. Same signatures. 1 p.
1591. iv. Presentments of the same to C. J. Lillington. Pray that the Laws be put in execution, especially agtt. those common and cryeing sins profane curseing and swearing. It is indispensibly necessary that publick schools be erected. Nothing can more contribute to the prosperity of a countrey then the unity, naturall love and affection which the inhabitants have for the place of their nativity, and especially when alwayes trained up in it, etc. That the bridges and highways be repaired, and the great bridge called Indian Bridge to the Bay be rebuilt. We present a common nusance and scandall, the multitude of negroes resorted to the town of St. Michaell on the Lords Day etc., revelling, gameing, swearing and caballing to robb, etc. That the strects of St. Michael's be always kept clean and paved and the common shores opened, and noe hoggs suffered to runn about the streets, or be tyed in any part of the towne, which is too frequent, or heaps of dung etc. suffered. That the publick wharffes be repaired, and the chanell cleared, for want of which the trading people doe greatly suffer. That the public offices may be reformed and regulated, the extravagant ffees and exorbitances of the Chancery Office relateing to the depositt money may be effectually redressed by some wholesome law. Signed as preceding. 2 pp. The whole endorsed, Recd. 17 Sept., Read Oct. 27, 1708.
1591. v. Abstract of Naval Officer's List of ships entred and cleared in Barbados, March 25-June 24, 1708. 56 ships. 2,695 tons burthen. Sugar, 212 hhds., 65 tierces, 744 barrils. Molosses, 604 hhds., 166 tierces, 136 barrils. Rum, 1,864 hhds., 1,322 tierces, 1,005 barrils. Lime juice, 13 barrils. Cotton, 110 baggs. Ginger, 25 bags. Endorsed as preceding. 1 p. [C.O. 28, 11. Nos. 18, 18.i.-v.; and (covering letter and enclosure v. only) 29, 11. pp. 306–309.]
[June 28.]1592. Lt. Governor Usher to the Council of Trade and Plantations. I have nott bin honoured with any lines from your board since May 23, 1704. H.E. is nott pleased to communicatt any of your letters relateing to the Govermtt.; butt att all times I have given to your Ldpps. accott. of whatt comes under my cognizance. As to ye Assembly of the Province, they are a standing Assembly, and there hath bin butt one new choice in eightt years. My Lds., I have att all times in obedience to H.E. orders gon into the Province, itt's H.E. pleasure to write to the Councill to transactt matters in absence of Governour and Lt. Governour; and these frequently actt when butt three, as may apear per Minuitt Councill, though Instructions say they shall nott actt withoutt Governour or Lt. Governour, Major Vaughan declared noe nede of a Lt. Governour, for they could actt withoutt. In obedience to H.M. letter, May 6, 1706, in case Thomas Allen, I wentt into the Province; The Treasurer moved my travelling expences to be alowed, Vaughan with abundance of anger and incivillity said itt oughtt nott, because I wentt on a private case; your Ldshps. will finde by exceptions to ye accotts. the Queen's revenue embezeled (onely to maintain law suite betwene Mr. Allen and Walderen) above 1,200l.; hope mony wrong aplyed will nott be allowed, besides ye sum excepted agt., am informed Penhollow hath subscriptions for 2,000l., some subscribe 100l., some 50l., 201, 101. etc., as Wm. Partridge, Jno. Knights, Capt. Hunckins, Capt. Garish, Capt. Wentworth; three sea Comanders to maintain ye law suite agt. Mr. Allen, to hard my Lds. nott onely to have subscriptions of private persons, butt mony outt of Queen's revenue. In hearing Mr. Allen's case Walderen produced a pretended dede to one Whelewrightts, in wch. they become tributary to ye Indians, and ye Govermtt. to be under Masathusetts, sett up agtt. the King's title; same pleaded to, and in reasons of apeal, grounds his title of posestion from the Indians grantt, upon inquiry Mr. Whelewrightt came into the Country many years after date of sd. dede. Walderen being producer, judge to be the auther; soe forgeing, cutting outt of Records, and lying noe crimes in Vaughan and Walderen, as may apear per Mr. Allen's case. My Lords, receiveing orders from Wm. Blathwaitt, to send the accotts. of province to be laid before my Ld. High Treasuror, in Dec. lastt wentt down, Vaughan dd. his accts., butt noe vouchers or rects., pretended sentt them to Deputy ordr. [=? Auditor]: butt deputy ordr. never did se them, judge exscuse falacious. Nota. To actt fairely above board made my exceptions to ye accotts. in Councill thatt things mightt be cleared; The Treasuror haveing noe Commistion from H.E., writt ytt. he mightt have Commistion and give security for his place, wch. he waved; am sencible of my own weakness, butt truth is ye rule I walk by, for same am hated, and ill treated, am informed my Ld. High Treasuror intends to send a Treasuror, judge may nott be amiss to have Collector's place towards his suportt and to be of the Councill; judge for H.Ms. service all vessell enter and clear att New Castle; and there loade and unloade, unless a permitt from the officer, haveing a waiter, and they paying the waiter, for some thousands of pounds in silks and fruitt is imported into the countrey from Lixa, and Newfoundland, as Officer's judge will give accott. As to the vastt spoile and damage in cutting trees fitt for H.M. service, judge H.M. Surveiour woods will render accott., if speedily some strictt care be nott taken, H.M. navy cantt be suplyed, conceive noe way butt by Actt Parlimtt., persuantt to an Instruction I humbly presentt some heads for prevention thereof. Your Lordships knows the Crown hath a rightt in Province N. Hampshire, Province Main, and to Eastward where all masts are. As to trade in country the greatt advance merchants have on yere goods (by reason peices 8/8 goes for 6 ps. 15 dwtt.) thatt the country is putt upon good husbandry; in woollen manufactory; ytt. whatt doth costt of the merchantt 5s. per yd. can make as good and more serviceable for 2s. 6d. yd.: the mony wch. goes outt of the country; by reason of paper bills to pas in all paymtts. into ye revenue will bring matters to ytt. pass, thatt a Governour shall have noe mony; and will be prejudiciall in time to woollen manifactory in Brittain. My Lords, the war hath and still doth press hard upon Massathusetts and N. Hampshire. The Governour hath bin very carefull for defencive partt, and being onely on defencive, we waste away; we wantt a good souldiour to manage the war, wittness the horible shamfull miscariage to Portt Royall, nothing like a Viceroy over all: the dutys of imposte and excise (as in Sir E. Andross time) if well looked after in Massathusetts Govermtt. would make 2,000l. per annum clear, I know a person would give 1,000l. per annum for excise; and now by reason of salarys and remisnes make nott above 500l. clear, butt acknowledge sd. matter too greatt for me to inform. My Lords, if H.M. would be pleased to send souldiours and arms for the ffourtt, mightt be of service, for att presentt there is butt eightt in the sumr. and foure in ye winter belonging to ye fourtt, above all things I requestt H.M. would give 100l. sterling towards building a bridge to goe from mainland to ye Island, by means of wch. the ffourtt may have spedy releife and succour, and without wch. cannot; if H.M. pleas to grantt the same, with what I can have here by subscription will ingage to perform the same, ye necessity of wch. Col. Romer can inform your Lordships. In H.M. letter Aprill 23, 1703 to setle a constantt and fixed allowance on Governour and Lt. Governour withoutt limitation of time, att presentt onely afixed 160l. per annum on ye Governour dureing time of his being in Govermtt., if another Governour comes, noe allowance affixed, I know noe better way to have a fixed allowance then to have the Law repealed for salary to Assembly, by reason noe allowance to Governour nor Councill, which if done, the Assembly will soone pass an Actt for suportt of ye Govermtt., then to sett in Assembly without allowance; I know of noe remedy better then this, wch. I humbly offer to consideration. By reason of mony misaplied of the revenue, there are greatt complaintts of souldiours and others, they are keptt outt of there mony for 3 or 4 years, wch. a hardship on poore people mustt confess. Wm. Partridge, Wm. Vaughan and Richd. Walderen the actors of all, att presentt, Vaughan and Walderen nott to be called to accott. for any of there actions. I herewith send copy of a letter from Mr. Penhollow on his behalfe, shall onely say, he was nott of ye Councill before the presentt Governour arrived, ye more excuseable, butt whatt pastt, he being of the Councill and Treasuror, oughtt nott to pas any Actt in Councill, nor pay mony; butt persuant to the actts for wch. itt was raised. For aboutt two years recd. noe orders from H.E. to ye Govermtt., and when have gon in obedience to H.M. letter, recd. nothing from him, ytt. when I sett in Councill desire to know if they have anything to offer always answer noe, when I leave the province offer ye same, and answer noe, as may be seen by Minuitts Councill. Findeing spending my time for H.M. service chargeable and to be sleighted and have the goe by, to pleas Walderen, having ever bin uprightt and faithfull in dischargeing of my duty, withoutt any sinister ends, and my estate being 3,000l. the worse for serveing Crown Govermtt. humbly pray a dismition from the Govermtt., ye wch. serveing of ye Crown hath incombered my estate very much. My Lords, Bookes Records, by King Wm. ordered to be in Secretary's office, butt the Govermtt. in Hincks' time Presidentt (ytt. is presentt Councill and Assembly) ordered Records into Vaughan's custody, whoe itt's judged cutt 23 leaves outt, I proposed to ye Governour Records to be in Secretary's custody, replyed Assembly had ordered them into Vaughan's custody, and there mustt be, wch. with submistion is wrong, likewise, Vaughan nott a person to be trusted with them, Vaughan had a dede for lands intailed upon his heire male, Vaughan imbezeled the dede, to wrong the heire, his son did acquaintt the Governour, whoe informed me of itt; pitty things are carryed on as they are for sake mony; moste persons holding there places by reason thereof. There is a new Sheriff, butt noe security taken from him for faithfull discharge of ye place, noe officers butt whome Walderen will advize to, crave exscuse for my prolixity, etc. Signed, John Usher. Endorsed, Recd. 28th, Read 29th June. No date. Holograph. 3 pp. Enclosed,
1592. i. S. Penhollow to Lt. Gov. Usher. Portsmouth, Jan. 16, 1707. Acknowledges instructions as to payments and accounts. If anything has been wrongly applied, the fault could not be in me, having vouchers and receipts to a farthing etc. Prays for a favourable construction etc. Signed, Samull. Penhollow. Endorsed as preceding. Copy. ¾ p.
1592. ii. Lt. Governor Usher's exceptions to the accounts of several Treasurers of N. Hampshire. 1697–1702. Repeats charges against John Hincks, Wm. Vaughan and Richd. Walderen. The money paid to Major Vaughan as Agent for the Country was really for his acting as Attorney to Richd. Walderen. There are no accounts on file and he refuses to give them. Though paid for keeping the Records, when he at length brought them back, 23 leaves were found to be cut out (1702) etc. Signed, John Usher. 2 pp.
1592. iii. An Account of the Expedition to Port Royal. May 13, 1707. The Fleatt saled from Nantaskett aboutt sunrise. 14th. Discovered land about noon, judged to be Fox Islands. 15th. Early discovered Mountt Desertt; aboutt noone Col. Rednap came aboard. Capt. Wentworth complained for wantt of men, and went aboard the man war, soone after Col. March with Col. Wainwrightt, when presented an order to sign what was dd. 16th, 17th. Att Mount Desertt. Councill war cald aboard the Betford resolved Cuningham with his sloope should goe to surprize the looke outt att the Gutt, and to land men on east side river, oposite to Goat Island. 18th. Fogg. Pilotts and others blamed the Mar. man war for nott harbouring att Mount Desertt to prevent the hazard of looseing the Flett. 19th. Boare away for Mountt Desertt, where gott safe about 8 a clock, and had accott. of 8 of our sloopes 6 leaugs to eastward. We anchored in litle Menis. 20th, 21st. Foggy. In harbour. 22nd. The galley came in. 23rd. Came to sale aboutt 8 a clock discovered severall sale to windward. 24th. Aboutt noone came to an anchor of (f) the Wolves. Major Span wentt a shoare found a baskett fresh eggs and fresh fyer, considerable number of men to scoure the place, butt found nothing. 25th. In morning came to sale; fresh gale. Sacum and Cuningham dispatchtt for the Gutt to surprize the looke outt, all lay by till 8 a clock in evening, then made sale for ye Gutt. 26th. In morning by break a day before the Gutt, being tide of Eb lay by till aboutt noon. The 2 sloopes returned, Cuningham told us the men did nott land being afraide, though saw noe body, att the entry fired the alarm gun, comeing in saw some looke outt and fired on them: Q. How came we to lay by, when a brisk gale, when ytt. we mightt have bin up att once ? 27th. We all anchored lan(d)ed our men safe, the Easter body aboutt 2 miles below Greatt Island, and leftt hand party aboutt a mile below, wch. was of ill consequence, impossible for either party this nightt to gett ground near the ffourtt, the tide of Eb broughtt all the country folkes in down the River Menis by reason Giles and his men were fired att when Gen. March and his men went ashoare. Capt. Southwark, Col. Rednap, —? and Mr. Dudley returned aboard the galley. Q. Why a Secretary of Warr should tarry behinde his Genll. ? Capt. Wentworth and 2 boates crew ranged Goate Island on ye fourtt side, 2 boates crew landed shooting chattell, then the galley boate joined wentt ashoare att Melampois' house, the place being full of chattell killed many, we found the ffyer fresh butt the House deserted. We mett with some of Col. Apleton's men whoe had a skirmish wth. aboutt 60 Indians, nott a man of ours hurtt. 28th. In the morning Capt. Stukely said he would suffer noe more boates to goe ashoare, butt sentt his sloope and boates to fetch of chattell, several other boates did the like, a whale boate did come aboard with aboutt 20l. plunder, att same time we did se greatt ffyer and smoake near the ffourtt, wch. continued day and nightt. Judge the Fr[ench] burning there houses and woods in order to se our aproaches. Upon this Captt. Stukeley manded his sloope, he with Col. Rednap, Capt. Wentworth went up within gun shott of the fourtt. Q. Why the army mightt nott have landed as near. We had exspress from Genll. March which gave accott. they gott a shoare att Allen's Mill, all along the side lined with armed men, the Governor wth. others rideing aboutt, as soone as our men apeared on ye marsh, ye Fr[ench] fired like hale on them, our men answered briskly, forded the river, beat them of the Banck, shott down the Governor's horse, butt Governor recd. butt litle harm, the Fr. ran to ye ffourtt as fast as they could, our men being landed att soe greatt a distance, haveing soe greatt a fateague could nott persue soe brisk as would have done, we had some men wounded, none kil'd. This day 2 deserters came over, they say thatt Lay Bonde had broughtt 60 men from Canada to man there galley, and all the river men butt aboutt 40 were in the ffourtt. 29th. Our men had a small skirmish or two, judge wounded and kil'd severall. This morning a party of Indians wentt over the river to ambush Col. Apleton aboutt 50, our scoutt foughtt them drove back, we lostt 2 men. 30th. A cannoo attempting to goe over, our people fired, noe greatt damage, though we recd. severall canon every day. These 2 days faire and moonlightt, and could nott have the artilery though promised. The deserters give accott. aboutt 500 in the ffourtt. 31st. The Fr. fired all the houses from the Church to the ffourtt, transporting there goods all day long from there warehouses. Fr. fired there canons, a bomb fell in our lodgings, Col. Rednap and Secretary D. hastened aboard the ships, in the evening Col. Apleton sentt 2 prisoners, some of Capt. Oatis' men stragling withoutt ye line shott down, scalpt, and we had 20 men lookeing on, asked why did nott goe to yere help, answered had noe orders, all caryed on confusedly. The ground Col. Rednap marked outt impossible for our artilery to be thither broughtt. Fr. never exspected us there, butt on other side the ground seizable. And now our greatt and fatall Councill satt to finish all. Col. Rednap opinion being asked declared nott to break ground (though our artilery there) by reason of disobedience and insufficiency of our men, nott being persons proper for him to venture his reputation on, and reply was made, our orders are otherwise then to send: this point gain'd, caused a consentt in all others. Adieu Rednap and Secritry, scared outt of there witts. June 1st. Col. Burril come tells Genll. March ytt. moste his men refused to goe the march. Genll. March sd. he would give no other orders they being positive. Col. Wainwrightt wentt and perswaded the men to march. 2nd. 4 deserters did come outt of ye ffourtt, informing state of the same, wch. gave a new life, ytt. thereupon a Councill war cald, and a letter sentt for Col. Rednap, Secretary and Capt. man war. 3rd. This day satt still, till noon, Capt. Bointon's party came in telling us they had destroyed aboutt 70 houses and barns, corn and chattell etc. This evening a dark discourageing answer came from Col. Rednap and sea captain to discourage all; as soon as duskish Capt. Walton with other officers and party of men fired the Church, the warehouse, ye Governour's and Commistioner's house with all the restt of houses near the ffourtt, our men continued all night with drums beating, trumpetts sounding, with all the bravery and courage ytt. could be. 4th. We lay still till aboutt noon when C. Southwik and severall mars. [masters] aboutt 30: a Councill cald, all agreed butt C. Homes and Frothingham to have the artilery broughtt over agtt. the ffourtt, on north side river, to bombard itt while atacked on ye other side, butt some of our Commanders desired of the Genll. to give there reasons agt. the voate att noone (this was after C. Southwark was gon with orders to procede with artilery) wch. granted Major Walton and C. Homes discourseing voted to revoake the order of ytt. day, on wch. orders given to fier all the restt of the Houses, wch. accordingly done, and by sunrise we were gon. 5th. All gott to sale, without fireing a gun, after we were down a greatt bomb came to bid us adeiu. Reasons urged for not tarriing, was impossibillity getting ye ffourtt, difficulty getting provistion for men, by sending 60 or 100 men att a time for itt, if faire wether would be exsposed to [to] by 18 greatt guns and mortars always playing, time long, and greatt exspence the Country would be att, though told ye Country never limited to time or exspence. 6th–12th. Sale for Boston. 13th. Hill from Boston with letters for ye cheife. 14th. Walters ordered to sale with the Imbasidors, afterwards all ordered to Casco Bay. 15th. Came to an anchor in Casco Bay. Reasons of miscarige:—(1) Genll. orders to ambiguous, not rightly and truely comprehended by any and misconstructed by moste, besides private whispers and discourses, before wentt from Nantaskett. (2) A genll. deficiency, in genll. want of seamen, ytt. mightt have bin suplyed, had warrantts bin allowed to ye mars. of each transportt, as was to some. (3) Wantt of due anchoring and harbouring, teste pilotts. (4) Sending Capt. Giles into Pasamquadi without others, by wch. ye French escaped. (5) Laying by 25th May of the Wolves, when Lawrance etc. was sentt to looke outt, butt by stress of wether could nott, had we followed in an houre or two after them, or sent them away in the nightt, in all probability we had surprized the enemy, and done our worke more effectually. This document, without date or signature, is in the hand and style of Lt. Gov. Usher. Endorsed as preceding. 3 pp.
1592. iv. Copy of heads of an Act proposed by Lt. Governor Usher for preserving trees fit for H.M. Navy and establishing a nursery therefor. Same endorsement. 1¾ pp. [C.O. 5, 864. Nos. 225, 225.i.-iv.; and (without enclosures) 5, 912. pp. 436–444.]
June 28.
Whitehall.
1593. Council of Trade and Plantations to Governor Lord Lovelace. Notwithstanding H.M. Instructions to your Lordship, there are several other particulars relating to your Government of New Jersey, which we think ourselves obliged to take notice of to your Lordship. The Lord Cornbury having had some doubts in relation to fines, forfeitures and escheats, and to the appointing of a Ranger of the Woods, we consulted H.M. then Attorny General thereupon, and inclose a copy of his report. Having received from the Lord Cornbury several Acts past in New Jersey in November, 1704, we considered the same and transmitted to his Lordship our observations thereupon, that he might lay those observations before the Assembly for their consideration and amendment of the said Acts, before we presented them to H.M. for Her consideration. But, not having received any answer from the Lord Cornbury, we think it necessary to repeat our forementioned observations to your Lordship, that, upon your arrival in New Jersey, you may consult the Assembly and give us further light in that matter. The Act for the settling the Militia, in the last proviso but one, enacts, that the sums of mony thereby to be levied, 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 mony to be applied also to such public uses as the Governor shal direct; whereas we think that public moneys ought only to be paid into the hands of the Receiver General, and the uses to which it ought to be applied for the support of ye Government should be expressed in the Act, and not left at large as it is in this: which we desire your Lordship therefore to be mindful of in 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 clauses in the Act, which render it unfit for H.M. royal confirmation, viz., that it pardons (amongst other crimes) all high treasons, murders and piracy committed before Aug. 13, 1702, whereas H.M. has reserved to Herself, by Her Instructions to you, the pardoning of these crimes; which crimes are alway excepted in Acts of the like nature here, and therefore we desire your Lordship to endeavour to get this amended in another Act to be passed 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 dos not regulate the quantity of acres necessary to qualify persons to elect or be elected Representatives in the General Assembly. Your Lordship will see by H.M. Instructions what is intended upon that matter, viz. that 1,000 acres of land or 500l. personal estate should qualify persons to be elected, and that 100 acres of land and 50l. personal estate should qualify to be electors: But if your Lordship find this regulation too high, you may endeavour to get a new Act passed for proportioning that matter otherwise. In the meantime 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. We must desire your Lordship, upon transmitting of Acts, that you be particular in giving us your opinion upon each respective Act, together with the reasons for passing the same, in such manner as you are required by your Instructions. A complaint having been made by the Proprietors of the Western Division that the Lord Cornbury has caused their late Secretary to deliver all public books, papers and records to Mr. Bass, Secretary of the Province, and that their records of Deeds had been carried out of the Province, which may be of great prejudice to the said Proprietors, we are of opinion (and accordingly signified the same to the Lord Cornbury), 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 therefore, if this be not remedied, your Lordp. will do well to give directions therein. The Lord Cornbury having informed us that an opinion had lately been started in his Governments, viz., if he send any orders to New Jersey, relating to the affairs of that Province, whilst he is resident at New York, they are of no force, and so the same of his sending orders from New Jersey to New York; we think it necessary to acquaint your Lordp. that it is a very trifling and extravagant opinion, the contrary being practised every day here by the Lords Lieutenants of Counties, and particularly by the Lords Lieutenants of Ireland, who frequently send orders into Ireland whilst they are resident in this Kingdom. Having had occasion to consult Sir E. Northey, H.M. late Attorney General, in relation to probate of wills at New York, we inclose a copy of his opinion which may be a guide to your Lordp. in all future occasions. Not having received from New York or New Jersey any Minutes of Council or Assembly, nor any Naval Officers' lists of ships entred and cleared, nor accounts of the Revenue since the Lord Cornbury's Government we must desire your Lordp. upon your arrival there to give the necessary directions that the said Minutes, accounts etc. for the Lord Cornbury's time be transcribed and sent us by the first opportunity, and that your Lordp. do transmit to us quarterly transcripts of all such Minutes etc. as shall be made from time to time according to your Instructions, that we may be the better enabled to lay before H.M. a true state of matters as they may occur. H.M. having been pleased to confirm several Acts passed at New York, we inclose H.M. Orders in Council of May 20, 1708, for that purpose, and for repealing an Act for restraining and punishing pirates. Repeat reason. Both which orders your Lordp. is to cause to be published, and entred in the Council Books, as usual. The Lord Cornbury having transmitted to us a remonstrance from the Assembly of New Jersey to him, with his answer thereunto (a copy whereof is here inclosed) we have considered the same and made the following observations thereupon, which we think necessary to communicate to your Lordship. Article 1. It appears evidently by the Lord Cornbury's Commission, that he has no power to pardon treason and wilful murder; but, in such cases, he is allowed to grant reprieves to the offenders untill, and to the intent, H.M. royal pleasure may be known therein. In order whereunto he is, with all convenient speed, to transmit to H.M. a full state of the matter of fact relating to such offenders, which we do not find that the Lord Cornbury has done. Upon this occasion we must take notice to your Lordp. that the want of prisons in New Jersey is a matter proper to be laid before the General Assembly: your Lordp. 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. Article 2. As to the complaint of paying the fees of Court, tho the Bill of Indictment be not found by the Grand Jury, we are of opinion that the person accused not being properly in Court till arraigned before the Petty Jury, no fees till then can be demanded. Article 3. 'Tis true that the probate of wills and granting of letters of administration is by H.M. entrusted with the Governor: yet we do not see that the settling such an office in each Division in New Jersey, as proposed by the Remonstrance for the ease of H.M. subjects there, will be a lessning of the rights of the Prerogative, or of the Governor. Article 5. We are of opinion, notwithstanding the Lord Cornbury's Answer to the Remonstrance, that such a patent for the sole carting of goods, as is therein mentioned, is a monopoly within the 21st Jac. I. cap. 3. Article 6. We are also of opinion that no fee is lawful, unless it be warranted by prescription, or erected by the Legislature, as was adjudged in Parliament in the 13th Hen. IV., in the case of the Office then erected for measurage of cloths and canvas. vid—Cook's 2: Inst: fol. 533, 534. P.S.—Enclose Order in Council, June 26, confirming Act vacating extravagant grants, and repealing Act of repeal etc. Enclose packets to be forwarded to Governors. [C.O. 5, 1121. pp. 282–290.]
[June 28.]1594. Full names, ages and trades (chiefly agriculturists; one stocking maker, one clerk, one smith, one carpenter, one weaver) of the German Refugees. See April 28 and May 28, 1708. Set out, N.Y. Docs., v. pp. 52, 53. Endorsed, Recd. Read June 28, 1708. 2 pp. [C.O. 5, 1049. No. 76; and 5, 1084. No. 36.]
June 28.
Whitehall.
1595. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1595. i. Council of Trade and Plantations to the Queen. Report upon petitions of John Rayner (May 10, 1708), and Sampson Broughton, June 23, 1707. Set out, Acts of Privy Council, II. pp. 522–526, and N.Y. Docs., v. 49, q.v. Lord Cornbury has given us no account of his proceedings in relation to Broughton. Contrary to your Majesty's warrant, he has refused to admit him to act as Attorney General, without assigning any crime or misdemeanour for his refusal. Quote Sir E. Northey's testimony as to Broughton's ability. If the Lord Cornbury had any just objections, he shou'd have made them known for your Majesty's further pleasure therein. We find no objection to Broughton. As to the objection that your Majesty's Letters Mandatory were obtained without any report first made by this Board, there is no weight in that, the disposition of offices being intirely in your Majesty. On the other hand, we have no objection to Rayner. [C.O. 5, 1121. pp. 274–281.]
June 29.1596. Council of Trade and Plantations to Mr. Secretary Boyle. Representation in favour of treating the 14 newly arrived German Refugees as those of April 28. Set out, N.Y. Docs., v. pp. 53, 54. [C.O. 5, 1121. pp. 291, 292.]
June 29.
Whitehall.
1597. The Earl of Sunderland to the Council of Trade and Plantations. My Lord Lovelace having intimated to me that the New Jersey Company desire that Mr. Lewis Morris may be of the Council in that Plantation instead of either Mr. Cox or Mr. Sonmans, I desire your opinion to lay the same before H.M. Signed, Sunderland. Endorsed, Recd. June 30, Read July 1, 1708. 1 p. [C.O. 5, 970. No. 75; and 5, 994.A. p. 449.]
June 29.
Whitehall.
1598. W. Popple to Rich. Savage. Encloses extracts of Col. Quary's letter, Jan. 10, 1707/8, to be laid before the Commissioners of Customs. [C.O. 5, 1292. p. 55.]
June 29.
Whitehall.
1599. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. and forwarded by the Lord Lovelace, who is upon his departure for New York. Enclosed,
1599. i. Council of Trade and Plantations to the Queen. Enclose following Additional Instruction for all your Majesty's Governors, as also to the Proprietary and Charter Governments in America (except Pennsylvania, which will be prepared when the new Governor goes over) pursuant to the severall Acts of Parliament relating to Trade and Navigation past since your Majesty's former Instructions to the said Governours directing them strictly to observe the said Acts.
1599. ii. H.M. Additional Instruction to Governors as preceding. Given at our Court at Windsor, July 3, 1708. Whereas in the 3rd and 4th year of our Reign an Act of Parliament has been past for granting a further subsidy on wines and merchandize imported, wherein there is a clause, quoted, including rice and molosses among the enumerated commodities obliged to be imported from the Plantations into England, Wales or Berwick, It is therefore Our Will and Pleasure that you take particular care that the said clause be strictly complied with, as also the Acts for encouraging Naval Stores, for an Union of England and Scotland, ascertaining the rates of foreign coins, and for the encouragement of the Trade to America, etc. [C.O. 324, 9. pp. 209–217; and 5, 727. pp. 47–50; and 5, 210. pp. 102–107; and 5, 912. pp. 427–430.]
June 29.
[29 m/4 (Ju.) 1708.]
1600. William Penn to the Council of Trade and Plantations. Honorable ffrds. I spoak to you when I last waited upon you, to lett things return to their former method and ballance, and hinted at the manifold mischiefs yt. followed that Bord's breaking of it, in favour of a few factious tempers, contenanced by some then of that bord, and sent thither to perplex our Govermt. that came mean into the Country, and yt. are become considerable by it; An uphill work I have found it, and God forgive the instrumts. of it. I hope therefore you will think fitt to returne and countenance the Union, so needfull to ballance partys in their severall partialitys, the only way where privat interests perplex the publick tranquility, and give the administration loads and difficultys yt. are next to invincible, at least protract time, and often expose Govermt. to a cheap[n]ess, if not absolute contempt. Next, the Bord's entering upon my title to the Lower Countys, after so solemne a Deed of possession given me, without any publick opinion (known to me) of men of honour and ability of ye common or civill Law, I believe you will upon second thoughts, look upon as very severe treatment. God knows how I took it, what it has cost me of time, pains, mony and attendance; made difficult by the Philistines aforesayd; wherefore please pray to let it not be exprest to the Queen's right at large but add yt. of Govermt., of ye Lower Countys, wch. was all the Bord at worst pretended to, as many papers and discourses have intimated, wch. I am ready to signe; and as yt. was the true intent of ye declaration I submitted to, till I either surrendred my Govermt. at large, or got, in consideration of wt. I have done to encrease the Revenue of ye Crown, ye Govermt. thereof accorded me by a Patent for ye same, so Honorable ffriends, consider my circumstances, my merrit reported by ye last Bord itselfe, and yt. I have neither been an idle nor useless person to ye Publick; and make the present case as easy to me, and to this Gentleman as expeditious, as your good sense and good humour, as well as Justice and equitable consideration of things will allow you. I am wth. great respect, Your ffaithfull Friend, Signed, Wm. Penn. Endorsed, Recd. Read June 30, 1708. Holograph. 4 pp. [C.O. 5, 1262. No. 46; and 5, 1292. pp. 56–58.]
June 30.
Whitehall.
1601. Wm. Popple to Wm. Penn. In reply to preceding. The Council of Trade and Plantations cannot alter the form of the Declaration which you are to sign, by reason they are tyed up by H.M. Order in Council, June 26, q.v. [C.O. 5, 1292. p. 58.]
June 30.
Whitehall.
1602. Same to Wm. Lowndes. Encloses draught of former bond, approved by Sir E. Northey, for security for Lt. Governor Gookin, etc. Annexed,
1602. i. Draught of bond referred to in preceding. [C.O. 5, 1292. pp. 60–63.]
June 30.
Bethnall Green.
1603. Col. Jory to the Council of Trade and Plantations. The persons in your list [for the Council of Nevis] are as good as the times and place affords. Signed, Jos. Jory. Endorsed, Recd. Read July 1, 1708. ¼ p. [C.O. 152, 7. No. 50.]