America and West Indies
July 1708, 6-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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18-33

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'America and West Indies: July 1708, 6-10', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 18-33. URL: http://www.british-history.ac.uk/report.aspx?compid=73782 Date accessed: 29 November 2014.


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Contents

July 1708, 6-10

July 6.
Whitehall.
15. Council of Trade and Plantations to the Earl of Sunderland. By letters lately received from Governor Crowe, we find that there are several offices granted by patent under the Great Seal of this Kingdom, and particularly that a Patent has been past for the Clerk of the Market, in which there is a clause allowing the Patentee to execute the said Office by Deputy, the ill consequence of such clauses was represented by the Commissioners of this Board to his late Majesty. Quote Order in Council, Feb. 16, 1698/9 (C.S.P. 1699. No. 104). But as we presume your Lordship has not been apprised of this matter, we send a copy of the said Order. [C.O. 324, 9. pp. 217, 218.]
July 6.
Whitehall.
16. The Earl of Sunderland to the Council of Trade and Plantations. The alteration in the Queen's Arms by the Union making it necessary that new Seals should be provided for H.M. Plantations, I desire you will let me have a description of those several seals that I may be able to get a warrant prepared for H.M. signature for their being engraved. Signed, Sunderland. Endorsed, Recd. 6th, Read 8th July, 1708. ¾ p. [C.O. 323, 6. No. 63; and 324, 9. p. 218.]
July 6.
Boston.
17. Mr. Bridger to the Council of Trade and Plantations. Encloses following. I pray your Lordships would send me an order for an Appeal to boston, or set that tryall aside, and have a new tryall; the Judges sent out the Jury twice, but in vaine, they cleering them without wittness or reason, etc. Inclosed is a copie of an Act which I layd before the Governor, Council and Assembly of New Hampshire, wch. I pray your Lordshipps to have confirmed. I hope that Act will secure in some measure H.M. intrest in that Province. The reason of the penalty on marking any trees is thus, some ill men have this last winter gone into the woods and marked all trees before them, those trees fitt and unfitt for masts, with the Broad Arrow. This was in common woods, and when theire neighbours come into the woods to get loggs for boards etc., they seeing all the trees marked immediatly returned, thinking that I had ordred the marking of sd. trees. The marker seeing that had fritned all people out of that place, he and his associates outts down all masts and others to a very great number. I hope I shall be able to prove the fact on someboody. The General Assembly of this Province now sitting, I drew a bill for the better preservation in H.M. woods in this Province, which bill is the very words of the Charter etc., but the Assembly will not enact their own Charter etc. (see July 10). In the tryall inclosed they there plead the Charter no Law, against H.M. in the case of masts, now my lords if the Charter be no law, nither will they enact it as a law, what will H.M. do for her Navy; all will be cutt down next winter, if an imediate care be not taken by an Act of Parliament out of Great Brittain, of which I sent yr. Lordsps. a rough draught etc.
Here is no licence yet come from Mr. Collins, etc. I have found some masts in the woods cutt by Mr. Jno. Plaisted order, which has layne there 6 months, and had been lost, had I not found them, for they must be hewn, squared, etc., else the worme get into them and spoyles the masts, and this is the practice of Plaisted; he sett men to cutt those masts, in the winter, and those men has not heard from him since, and soe he has done in many places, but the woods are now soe dangerous by reason the Indians, that I dare not venture a 3rd time. Those masts I have found are of the first and principall dimentions. I have ordred some worke men to goe and save those trees by squaring them. Prays for their Lordships' directions. Repeats former proposal for encouraging the making of pitch and tar. I am well assured that at New Yorke there would be great quantitys of tar made there, if I was there to instruct them; that lays wholly with your Lordsps. to enable me to goe thither for that service. Expecting with great impatience your Lordshipps' commands, not having one line since my arrival, etc. Signed, J. Bridges. P.S. I had an order from the Inferiour Court at York to appeall to Boston Superiour Court. I pray I may have an order that the appeal be heard accordingly, wch. will save any order for the new tryall of those offenders. It was the opinion of the Lawyers her[e] the appeal would not lye to the Superiour Court, wch. makes me pray an Order now. etc. Endorsed, Recd. Sept 8, 1708, Read Dec. 9, 1709. 2 pp. Enclosed,
17. i. Copy of Governor Dudley's Warrant, Aug. 24, 1707, for the arrest of persons cutting masts without licence. 2 pp.
17. ii. (a) Mr. Bridger to Charles Frost. Instructions to arrest Nathaniel Gubtaile, Jno. Thompson, Jno. Hearle, Wm. Hearle, jr., under above warrant, Dec. 29, 1707. (b) Bonds for the appearance of above, given by Hearle, Gubtaile, Humphry Spencer and James Emery. (c) Depositions against them by Nicholas Gillison, Wm. Dyer, and Benj. How. (d) Their trial and acquittal, Defence by Jno. Pickerin, Attorney. (e) Mr. Bridger's Appeal. (f) H.M. warrant for John Taylor to cut masts, June 22, 1704. (g) John Plaisted's letter to Governor Dudley, and deposition touching masts cut by him. (h) Depositions as to the bounds of Kittery, York and Wells in New England. The whole endorsed, Recd. Sept. 8, 1708, Read Dec. 9, 1709. Copies. 12 pp.
17. iii. Act for the better preservation of Mast trees or White pine trees in New Hampshire. Same endorsement. Copy. 2 pp. [C.O. 5, 865. Nos. 27, 27.i.–iii.; and (without enclosures) 5, 913. pp. 120–126.]
July 6.18. Sir John Bennett to the Council of Trade and Plantations. Defends the punishment of Mr. Newnam, for a crime amounting to little less than high treason etc. It appears by the Remonstrances of the Justices of Bermuda, July 18, 1706, that Newnam is a very dangerous person and a common disturber of the peace; they prayed the Governor to have the prison window closed and another opened which was done, because that window fronted upon a common passage, and Jones the Provost Marshal allowed the prisoners to abuse and affront the public Officers, as Councillors, Judges etc., as they passed along. etc. Signed, Jo. Bennett. Endorsed, Recd. Read July 6, 1708. 8 pp. [C.O. 37, 8. No. 68; and 38, 6. pp. 397–411.]
July 6.19. Mr. Vaughan to the Council of Trade and Plantations. In ye Province New Hampshire are six towns, Portsmouth, Dover, Exeter, Hampton, New-Castle and Kingstown, ye two last very small and extraordinary poor, drove to great streights by reason of ye warr. The inhabitants of New Hampshire are few and inconsiderable, there not being 1000 men in ye whole Goverment, and that number dayly lessning, by ye murders of ye salvage enemy, assisted by ye French, and ye removall of sundries for shelter and protection to other places. Ye situation of ye Province is by ye seaside, about 16 miles between ye rivers of Piscataqua and Merimack, having ye Massachusets Goverment on each side of it, and likewise heading of it up in ye countrey, so that it is a punct or small spot in ye center of that Goverment, there being severall seperate Counties there larger than this whole Province. The trade of this Province has formerly been considerable, ye settlements whereof are principally upon ye River Piscataqua, wch. is navigable near 30 miles, accommodated with sundrie branches, into wch. severall great and fresh rivers have their outlets, and is addapted to trade by reason of ye extraordinary conveniency of transportation both up and down, wch. is ocasioned by the swift tide both on ye fflood and ebb, and ye indraft of ye many large branches and of two great bayes, ye one 3 miles in length, ye other 6 miles over in any part of it, both wch. lie at ye head of ye river, wch. for 10 miles together nearest ye sea is not more than half a mile over, and is furnished with great plenty of ffish, such as cod and haddock, wch. are caught 10 miles up ye river, bass, shad, mackerell, herring, blew-fish, alewines, pollock, ffrost-fish, perch, fflounders, sturgeons, lumps, ells, hollowboats, scales, salmon and many others, and all sorts of shell-fish, such as lobsters, crabs, cockles, clams, mussells, oysters, etc. At ye head of almost every branch of said river are great fresh rivers which come out of the countrey, which likewise are full of all sorts of freshwater fish, as pikes, pearch, salmon-trouts, ells, etc., wch. fresh rivers run some 100 miles into the country, some more, some less, and are accomodated with suitable places for mills, iron works, etc., ye land on both sides furnished with wood of all sorts and sizes fit for fireing or timber of all sorts either for building of vessells, houses, etc., wch. land has no sooner ye woods cut down but ye English grass within two or three years cover the face of ye earth, and is extraordinary fodder for all sorts of cattle, wch. were also plenty and cheap and would be again were it not for ye salvage Indians and French, who kill great numbers of them as they feed in ye forrests and woods; which river of Piscataqua furnishes Boston with most of their lumber and severall other places on ye mainland as also ye West Indies, and H.M. Navy with masts, sparrs, rafters etc., and were it not for ye enemy is ye fittest place of all ye present settlements of New England for ffishing for ye supply of forreigne markets, being ye most Northerly settlement of those plantations, and ye more Northward ye more fish, and where ye fishermen of other places are obliged to come to take their fish, and after carry to more incirculed towns for cureing thereby to avoid ye danger of ye Enimy. Note further upon some of ye fresh rivers lies great quantities of intervall grounds, inconceiveably rich, fit for ye production of all sorts of grain, hemp, fflax, etc., wch. land is naturally free from wood, and alwaise fit for improvement save in ye winter, when it is overflowed and covered with water, wch. is ye only cause of its fertilyty and will never have occasion of any other dressing than what is left by ye ebbing and decreasing of ye waters. In the Province of N. Hampshire at ye entrance of ye River of Piscataqua is H.M. Castle called William and Mary, formed and built by the directions of Col. Romer H.M. Enginere, but not finished by reason of Col. Rednap his coming from great Brittain in that post and office, wch. prevented ye said Col. Romer his finishing ye same, since wch. nothing more has been done to it, but is in statu quo, save what is tumbled down and gone to decay it being thro' ye poverty of ye inhabitants builded and made of turff and saltmarsh sodds, wch. in a little time moulders and cannot endure ye stormy weather and searching frosts of that countrey. At ye other end of this Island, on wch. ye Castle William and Mary stands, is another inlet from ye sea, wch. is called Little Harbour, wch. end of said Island is something nearer ye sea, and can command a ship sooner than ye other, but here are but two small and inconsiderable gunns and no intrenchments or walls for a guard and security to men, wch. said inlet will admit all small vessells, and is as direct a way into and up ye River, and much more accommodable to land men upon ye mainland than ye great river or harbour is, and ought likewise to be fortifyed and secured to prevent any such attempt, and for ye prevention of illegall trade, there being no watch, guard or ffort to command vessells coming in out of ye sea, or going out without clearance order etc., and is most needfull to be done, but not possible to be effected by ye people who are reduced to great poverty, and indeed not able to defend their inland garrisons for defence of ye women and children from ye barborous Indians. In every town of sd. Province are sundrie garrisons and small fortifications built of small timber or palisadoes, and each garrison erected and defended by eight or ten families or their abouts, wch. is ye only security of sd. families, included against ye Indians, who watch all opportunities of ye people's coming out in order to their destruction and murder, which when they have at any time effected, they strip of ye scalp of ye head and carry them to ye French at Canada where they receive a reward of £5 for every scalp so brought in, wch. barbarous usage doth so much deter and keep back ye people from their labour and callings that many times their families are ready to famish and starve in heaps, wch. necessity obligeth them to out to ye improvement of their plantations for corn and hay for their cattle, and thereby are exposed as a pray to ye wild men of ye forests, who are every year lessning our numbers, and I fear in ye end rout us out of that end of ye country having already effected it full 100 miles. The forces or men wch. defend, look after and keep ye sd. Castle William and Mary, are generally 4 or 6, sometime upon any extraordinary occasions 6 or 10 more, who are sent by turns, by order of ye Assembly, thereby to prevent payment, since all persons are to do duty in proportion of time, wch. is very intolerable and distressing to ye poorer sort, to do service and not be payed, while ye family starves at home. The condition of ye Castle is tollerably well at the present so far as is finished but will yearly want repairs,—there are 30 odd guns competently well mounted, but some of them very small, old and useless, and all of them too short for Castle guns,—there is a small powderroom built and finished, none for arms, no houses for entertainment of men. All sorts of stores wanting, for wch. ye Assembly has addressed H.M., wch. they confidently promise themselves H.M. will be graciously pleased to grant, and bestow her bounty to inable them to mentain her Goverment and Castle, and therewith ye masts and stores lying there for ye use of her Royall Navy. There are three small towns on ye other side of Piscataqua River, wch. is in ye Massachusets Goverment, wch. oblidgeth ye sd. Goverment to defend them, and thereby are unwillingly serviceable to ye Province of New-Hampshire, without wch., and had those three towns been drawn in or destroyed, or should they be so, wch. they are in great danger of, it would then absolutely be impossible that the Goverment of N. Hampshire should stand of itself as a seperate Goverment, unless H.M. should immediatly take it is reasonable to conclude tection, and without wch. at present it is reasonable to conclude it will also fall, the poverty, want of assistance from the neigh bouring Provinces and Collonies, and the decay of trade being so great, wch. is further shewed in ye Addresses of that Goverment to H.M. In consideration of all wch., as also that the Province is some thousands pounds in debt, contracted in ye time of peace, and thereby their credit forfited, and for ye preservation of that river and Goverment, it is most humbly proposed, (1) That 200 men be raised and sent over to New Hampshire, to be posted in the Castle, as also for ye releife of the out towns when attacked, or, as need may be, to relieve ye people in their distresses about raising and secureing their harvests, ye enemy of late haveing taken ye methods of pulling down ye fences about ye standing corn, wch. is no sooner done but destroyed by ye cattle, ye owners not dareing to go out to prevent ye same. (2) That a fourth rate man of warr may be sent over to cruize about ye Eastern coast, and for her wood, water and vitling to repair to ye River of Piscataqua, wch. will be a great incouragment to ye inhabitants, and guard to ye River and Navall Stores there. (3) That stores of all sorts be sent over at ye same time and by ye same conveyance. (4) That dureing ye extraordinary troubles and dangers of ye Plantations on ye mainland of America, two pacquet-boats may be sent yearly to New Hampshire, by wch. dispatches may be had to and from ye Queen[s] Governors, and ye ships of warr and transportation of men and stores, and other great advantages, both to ye Crown and Plantations, especially since ye King of France has setled such a strong garrison so near, and is infesting ye coast of New England both wth. ships of warr and privateers. (5) That ye two nests of French, (vizt.) Canada and Port Royall setled on ye backs of ye English on ye mainland of America be rooted out, wch. is ye only ready and certain way to procure peace, for all ye Plantations of English there, wch. might easily be effected by one of ye squadrons of men of warr, wch. yearly go to ye West Indies, and be no great hindrance to their intended voiage, wch. if H.M. would vouchsafe to grant, hir good subjects on ye Continent there would heartily joine as one man to make those two Plantations of ye french King's subjects submitt and subject themselves to ye Crown of great Brittain. (6) That ye Maquas or Five Nations of Indians which alwaise were in ye English interests be incouraged by ye Govorner of New York against ye Enemy, who have been kept back and are in number as many as ye Enemie Indians, who, if they had been duely incouraged, might before this time have put all ye plantations far from ye fear of such an enemy, and saved ye lives of more than a thousand English people who have been murthered, and their towns and plantations have been held and mentained, wch. were many and large, and are now growing up again into a wilderness, besides the expence of more than £100,000. Signed, Geo. Vaughan, Agent for N. Hampshire. Endorsed, Recd. 6th, Read 13th July, 1708. Holograph. 6¼ pp. [C.O. 5, 864. No. 227; and 5, 912. pp. 452–461.]
July 6.
Whitehall.
20. Council of Trade and Plantations to the Earl of Sunderland. Enclose following for H.M. signature.
20. i. Draft of Additional Instruction to Governor Lord Lovelace. Whereas We have thought fit by Our Order in Council of June 26, 1708, to repeal an Act past at New York, Nov. 27, 1702 for repealing Acts, etc., and to confirm the Act for vacating extravagant grants, etc., by the confirmation of which Act, several large tracts of land (as by the said Act will more fully appear) are resumed to us, and are in our disposal to regrant as we shall see occasion, Our will and pleasure therefore is, that you may regrant to the late Patentees of such resumed grants a suitable number of acres, not exceeding 2000 to any one person; and that in such grants, as well as in all future grants, there be a reservation to Us, Our Heirs and successors, of an yearly quit rent of 2/6 for every 100 acres, with a covenant to plant, settle and effectually cultivate at least 3 acres of land for every 50, within 3 years after the same shall be so granted, upon forfeiture of every such grant. And for the more convenient and equal setting out of all lands to be granted within Our said Province of New York, Our further will and pleasure is that you, Our Governor, or the Commander in Chief of Our said Province for the time being, the Collector of Our Customs, Our Secretary, and Surveyor General of New York for the time being (the Surveyor General always to be one), or any 3 or more of you and them, do set out all lands to be hereafter granted, and that therein you have regard to the profitable and unprofitable acres, so that each grantee may have a proportionable number of one sort and the other; as likewise that the length of each tract of land to be hereafter granted do not extend along the banks of any river, but into the mainland, that thereby the said grantees may have each a convenient share of what accommodation the said Rivers may afford for Navigation or otherwise. And to prevent any impediment which the production of Naval Stores in Our said Province may receive from such grants, you are to take care, that in all new Patents for land, there be inserted a clause to restrain the grantees from burning the woods to clear the land, under the penalty of forfeiting their patent, and you are to use your endeavours to procure an Act to be passed in the Assembly of Our Province of New York for that purpose. And lastly, Our pleasure is, that in the said patents, there be likewise a particular reservation to Us, Our Heirs, and successors, of all trees of the diameter of 24in. and upwards, at 12in. from the ground, for masts for Our Royal Navy; as also of such other trees as may be fit to make plank, knees, etc. for the use of our said Navy. [C.O. 5, 1121. pp. 297–300; and 5, 210. pp. 109–111.]
July 7.
Whitehall.
21. Council of Trade and Plantations to the Lord High Treasurer. Enclose Office Accounts for payment. See B. of T. Journal, July 7. [C.O. 389, 36. pp. 365–367.]
July 7.
Temple.
22. Mich. Newman to the Council of Trade and Plantations. He will not be able to attend at the Board upon his brother's business for a week etc. Signed, Mich. Newnam. Endorsed, Recd. Read July 7, 1708. Addressed. ½ p. [C.O. 37, 8. No. 69; and 38, 6. p. 411.]
July 7.
Whitehall.
23. Council of Trade and Plantations to Lt. Governor Bennett. Enclose Orders in Council of June 26 etc. [C.O. 38, 6. p. 412.]
July 7.
Whitehall.
24. Council of Trade and Plantations to Mr. Bridger. Acknowledge letters of March 9 and 13, 1707/8. We are very sorry to perceive there is such wast made in the woods; but we are of opinion it may in a great measure be prevented by putting in execution the Act for encouraging the importation of Naval Stores, and by prosecuting the transgressors of that Law; we doubt not but the Governor will give all the assistance necessary in a matter tending so much to H.M. service. Since you say that Mr. Mico only cutts small masts, and that in inclosures, which he might have done: why then did you take the bond from him; we find that you have cancell'd it, but you should have explain'd that matter to us. Your cheife complaint is against Mr. Plaisted for cutting of masts, (notwithstanding his being forbid by you) contrary to the clause of reservation in the Charter, and in the forementioned Act of Parliament, without haveing H.M. license for the same, which is absolutly necessary, tho' a contract be made with the Navy Board, he ought therefore to be prosecuted for so doing. And we doubt not, if this method be taken, it will effectually prevent such waste for the future. In all contracts with the Navy Board the time is specify'd within which such contract is to be perform'd, and therefore if Mr. Plaisted's contract was expired at the time when he cut the masts, you mention, or if he had before cut the full number contracted for, then, in either of these cases, his pretended license in 1691 is null and void, besides, the trees to be cut by any license ought first to be veiwed by H.M. Surveyor of the Woods, as is specify'd in the said licenses. As to your receiving the fines that may become due upon prosecution of this nature, we can give you no particular directions therein. But it seems to us reasonable that the said fines should be paid into the hands of the Receiver General, till upon your giveing an account of the same, H.M. pleasure, shall be known therein. If the masts be cut in H.M. woods, they ought to be reserved to H.M., but if they be cut within the grants of pryvate persons it may be dificult for you to justify your seizing the same, for it will lye upon you to prove that they were not under such grants. And we doubt not but you have been cautious therein, before you made the said seizures. You ought to comply with your Instructions in going to New York, so soon as H.M. service will permit. As to the bills you have drawn for your travelling charges etc., that matter does not properly appertain to us; but you may remember that when you were here, and solicited at the Treasury for a summ to be alowed you for travelling and other incident charges, that was not comply'd with there; and therefore you ought not to have drawn such Bills without leave from the Treasury for so doing. We are laying before H.M. the substance of what you have writ to us in relation to the waste in the woods, and so soon as H.M. pleasure shall be declared thereupon, you will have timely notice. We have as you desired laid before H.R.H. a copy of your letter, but we find that he has received the like from yourself, which you ought to have informed us of. You say that one reason for the decrease of the importation of Naval Stores from New England is the Navy's not paying the premiums according to the Act of Parliament; upon which we must take notice that this is a misinformation, for you will perceive by the inclosed account from the Custom House what certificates have been allow'd of the goodness of Naval Stores from the commencement of the foresaid Act of Parliament to Nov. 29, 1707; and we have been informed by the merchants who import Naval Stores, that they have received bills from the Navy Board accordingly, which bills will be paid in course; so that upon strict examination we don't find that the said premium was ever refused to the importers of such Naval Stores; however, we shall further consult the said merchants, in order to the better promoting the importation of Naval Stores from the Plantations, as much as possible. [C.O. 5, 912. pp. 444–448.]
July 7.
St. Christophers.
25. Governor Parke to the Council of Trade and Plantations. I had the honour to receive yours dated Aprill 15th, relateing to the Affrican Company. I have just now sent to their Agent at Antigua to draw out an accompt as your Lordships desire; as to this Island, there never was any Agent; their agent that was at Nevis before it was plundered is dead, and I am afraid his books lost when that Island was plundered, and since I came there has been no negroes brought there by the Company; and onely one small vessell by private trade, at Mountserrat there has been none; at Antigua the Company has had one ship and two small sloops, this is of my owne knowledge; but as soon as I can persuade the Agent to do it I shall send your Lordships the accompt as I am ordered. 'Tis true I have an instruction relateing to the Affrican Company to assist them in the recovery of their debts and to send yr. Lordships an acct. of what negroes imported; accordingly some little time after I came I sent to Mr. Chester their Agent to send me the accompt, he sent me a proud answer that he had no orders from the Royall Company to obey my orders, but some time after he sent me a lame imperfect accompt of one vessell onely, which I did not think fitt to trouble your Lordships with. I told him what orders I had, he said he had nothing to do with the Committee for Trade. I told him he was very impertinent, and in returne he told me he would not change his post for mine, for that he got twice as much mony, and had less to do, and was not obliged to the fateigue of goeing from Island to Island; this was at my first arrivall, which made me think I had a strange sort of people to deal with, but resolveing to make myself easy took no further notice of it, but took all occasions to let him know I would give him all manner of encouragement. Sometime after I went to St. Kitts, and from thence writt to him to send me downe 20 negro-women out of the first ship that came, and left the price to him, accordingly he sent me 20, one of which died before they were ship'd, and in two months eight more died, and yet he charged me £800, which was £300 more than I could have had the best negroes from Barbados, and made it his braggs to the rest of his chapmen how he made me pay more then them. I sent for severall other things from him as I wanted them, he being our greatest merchant, and he charged me in proportion for everything as he had for the negroes, and I did not know how I was to be used untill I came to settle accompts with him, which was not long since, and then as a very great favour he gave me credit for £150 as an abatement, whereas in his whole accompt he had charged me 4 or £500 more than anyone else would have done. I would have writt home to the Company, but I thought it might be ill construed, and that they would be apt to think I had a mind to quarrell with their Agent except he lett me have negroes at my owne price; nor had I writt this story to your Lordships now but to lett you know it has not been my fault you had not the accompt sooner; The minutes of all the Councills have been sent your Lordships from my arrivall to the first of this month, and an accompt of all the stores; if your Lordships does not receive duplicates, 'tis not my fault, I have much ado to gett those I send; the officer that has charge of the stores has no reward, he is onely excused doing duty in the Millitia: and the several Deputy-Secretarys gett so little by their places 'tis hardly worth their while to keep them, and if I should suspend them, I know not where to gett others to put in. As to the Treasurer of Antigua, he tells me his accompts with the Assembly every yeare, and has his discharge, and is not obliged to have whole books transcribed. If I will be at the expense of doing it, I may (which cost me in this place at least £50.) Your Lordships may see in the Minutes what paines I took to gett a law for holding Courts, but to no purpose; how the law they have at present came to pass here and at home, I cannot imagine, had I passed such a law, I should have thought I deserved to lose my head; for by it every ffreeholder has the same priviledge as a Peer of England, his person is to be sacred, and by it no poor man is able to sue, nor can any one in England by his Attorney hardly ever recover his due here (as Mr. Dumma and Mr. Baron will be able to informe you), and when judgement is obtained, 'tis two yeare before you can come to levy an execution upon anything that may do you good; there is no help for it but an Act of Parliament that I know of; for they pretend the Queen can't repeal it, and I am sure they never will. P.S. Inclosed I send your Lordshipps the imports and exports of this Island, and allso an Adress to the Queen, wch. we beg your Lordshipps to present. Signed, Daniel Parke. Endorsed, Recd. Sept. 17, Read Oct. 28, 1708. 3 pp. [C.O. 152, 7. No. 58; and 153, 10. pp. 205–209.]
July 7.
Whitehall.
26. Council of Trade and Plantations to Col. Jenings. Acknowledge letter of March 26, giving us an account of the peaceable state of the Colony under your care, with which we are very well satisfyed, and doubt not but by your prudent management the attempts any Indians may make to give you disturbance will be frustrated. And in relation to the enemy's privateers, we hope ye convoy yt. sail'd hence some time ago will effectually protect ye coast of Virginia during their stay there. [C.O. 5, 1362. p. 297.]
July 7.
Treasury Chambers.
27. Wm. Lowndes to Mr. Popple. Encloses following papers concerning Mr. Keble's petition for the consideration of the Council of Trade and Plantations. Set out, New Jersey Archives 1st ser. iii., 329, 341–343. Signed, Wm. Lowndes. Endorsed, Recd. Read July 7, 1708. Addressed. 1 p. Enclosed,
27. i. Proposals of John Keble etc. in explanation of his petition. of May 27, June 7, 1708. Endorsed as preceding. 1 p.
27. ii. Certificate in favour of Mr. Keble. Signed, Jos (?) Evans, of New Jersey, Wm. Penn, Jno. Finney and James Thomas of Pena., Evan Evans, Minister of Philadelphia. ¾ p.
27. iii. Certificate of R. Dennett, Soap-maker, as to the good quality of 2 barrels of American pot-ash made by John Keble. Signed, Robert Dennett. ¼ p.
27. iv. Certificate, similar to preceding, signed by the same and six other soapmakers of London. ¾ p.
27. v. Commissioners of Customs to the Lord High Treasurer. Enclose following. Continue:—If the manufacture of potashes can be brought to perfection in the Plantations, it will be a usefull trade, and of publick benefitt to the Kingdome. Custome-house, London. July 1, 1708. Signed, Sam. Clarke, T. Newport, Jo. Werden, J. Stanley, M. Dudley. 1 p.
27. vi. Imports and Exports of Pott and Pearl Ashes. Inspector General's Office, June 29, 1708. From EastCountry, 1704–1706, total, 8,192,494lb. at 2½d. to 3½d. per lb. Holland, 28,135. Ireland (1704) 14,581. Russia, 1,637,600. Sweden (1706) 7,040. New England (1705) 250. Pennsylavia (1704) 630. Prizegoods (1705) 2016. Germany, Pearl-ashes, 295,386. Total import, for 3 years, 10,178,132lb. Value, 127,226l. 13s. 1 p. [C.O. 5, 970. Nos. 76, 76.i.–vi.; and (without enclosures ii., iii., iv., vi.) 5, 994.A. pp. 451–453, 456–458.]
[July 8.]28. Mr. Keble's Addition to above proposals. Proposes to pay H.M. 6d. a bushel for the salt he makes. "My patent for salt-making I apprehend the cheif-foundation towards carrying on of my pott-ash works." The transporting 16 servants will not amount to above £80, which he craves may be allowed him, etc. Signed, John Keble. Endorsed, Recd. Read July 8, 1708. ¾ p. [C.O. 5, 970. No. 78; and 5, 994. p. 458.]
July 8.
Whitehall.
29. Council of Trade and Plantations to the Queen. Report on the case of Alexander Skene (cf. Aug. 13, 1705 etc.) Summarize evidence given supra. Upon the whole, we humbly represent that the first Article, relating to his being concerned in the taking of the said Lee by force from off Barbados, is not fully proved, there being but the single affidavit of Capt. St. Loe, which consists chiefly of hearsaye. The second article, relating to his taking 17/6 and 3/9 from Masters of ships for liberty to sail has been fully proved by depositions and Skeen's answer thereto, except that he takes no notice of the 3/9, for the Minute of Councill of Barbadoes, which he referrs to, of Nov. 21, 1704, we observe, that it was made 6 months after Skeen's having taken the fees abovementioned, so that we do not see how it can be of any use towards his justification; and therefore we humbly represent to your Majesty, that the obliging Masters of ships to petition for liberty to sail, and the exacting of fees for the draughts of such petitions and licences to sail, are new impositions, and a burden upon trade; and we humbly offer that your Majesty be pleased to signify to the Governor of Barbadoes your dislike thereof, that such evil practices may be prevented for the future. As to the Article relating to Skeen's receiving £210, for procuring a fleet to be stop't which was ready to sail, we observe that in his answer, (which is not upon oath) he seems rather to evade his having received the said summe, than to give any direct answer in that point, and refers himself to his tryal, by which we find he does not make any answer to that part of Guy Ball's affidavit, nor is there once mention made on the part of Skeen of such summ either received or not received by him; Notwithstanding Skeen has been tryed and acquitted by his Jury, yet from what has appeared to us from the aforesaid affidavits, and a due observation made upon the said tryal, we are humbly of opinion that the said Skeen is guilty of having exacted unusual fees from Masters of ships, and of bribery in taking the £210 aforementioned. [C.O. 29, 11. pp. 272–280.]
July 8.
Whitehall.
30. Council of Trade and Plantations to Governor Dudley. Enclose duplicate of April 15. Your last was dated Oct. 10, 1707. Refer to Mr. Bridger's letters of March 9 and 13. We must desire you to give him all incouragment and assistance in his prosecutions of the persons so offending, and that you do use your best endeavours with the Assembly to pass an Act with sufficient penalties on all such persons as shall presume to cut masts, contrary to the clause of reservation in the said Charter. As to what you write touching the want of Counsellors and recommending Messrs. Waldron, Hilton and Smith for the Council of New Hampshire, we have some time since represented the same to H.M., who has been pleased by her Order in Council to approve of the said persons. And we have acquainted Mr. Chamberlain therewith, that he might take out the said orders, and transmit them to you for their admission into the said Council accordingly.
P.S. Whereas we have been informed amongst other things by Mr. George Vaughan, Agent for New Hampshire, that the Indians from Canada, watching all oppertunitys to murder H.M. subjects in New Hampshire, and when they have so done, strip off the scalp of the head and cary them to the French at Canada, where they receive a reward of £5 for every scalp so brought in; this is so barbarous and inhuman that it ought by any means to be prevented, and therefore you ought immediatly to write to the Governour of Canada and signify to him that unless he forbear to incourage such barbarities, and do not effectually prevent it, you shall be obliged to make reprisals, and to treat all the French that shall fall into your hands with the utmost severity. [C.O. 5, 912. pp. 448–451.]
July 8.31. Certificate that Capt. Gookin has given security for observing the Acts of Trade, etc. Signed, Hen. Stevens, D. Rembr. Endorsed, Recd. Read July 8, 1708. ½ p. [C.O. 5, 1264. No. 50; and 5, 1292. p. 65.]
July 8.
Whitehall.
32. Council of Trade and Plantations to the Queen. Refer to Mr Penn's Declaration (July 2) and Capt. Gookin's bond (July 8), and recommend the latter accordingly for H.M. approbation as Dep. Governor of Pensylvania, without limitation of time, and of the three lower Counties during H.M. pleasure only. "We do further humbly lay before your Majesty a draught of Instructions for Mr. Penn relating to the Acts of Trade, to the like effect as have been given to him and all other Proprietors of Plantations upon the like occasion." [C.O. 5, 1292. pp. 65, 66.]
July 10.
Boston.
33. Governor Dudley to the Council of Trade and Plantations. I am not willing to omit any opportunity humbly to acquaint your Lordpps. with the state of H.M. Provinces, as my duty is; tho. there is nothing of moment since my last publick accounts of the year by H.M.S. Deptford. We have some little mischiefs amongst our fishermen by the French privateers, and our neighbours of Quebec have been looking upon our frontiers; but our partys upon the borders are so diligent and careful that we have suffered no considerable loss these nine months past. The Assemblymen, or Representatives of this Province, are chosen every year against the General Assembly for Election of Councellours, holden in May as the Charter directs; and it was observed this year that there was a considerable alteration more than usual in that House, and accordingly when they came to the Election of the Council, they shewed their temper and left out three principal Gentlemen of the Council of approved loialty and of the best estates in the Country, and brought in others of a much less character. Out of the whole number of 28, by virtue of H.M. Prerogative of right, and as is usual I refused two of that election, and they chose two others, and so the Assembly proceeded to their buisness. Amongst other things offered them for H.M. service, I had observed that, notwithstanding the provision in the Charter for the preservation of H.M. Woods and great timber, several wasts had been made, and when the Surveyer presented the delinquents, it was objected that there was no law of the Province agreeable to the Charter; I therefore offered such a law in the words of the Charter, (copy inclosed), which was soon agreed in Council; but the Representatives refused it; I again returned it to their consideration, as being the words of the Charter, and enforced it with a letter of his late Majesty King William lying on file, directing that such a Law should be enacted. They again and finally refused it, to the great prejudice and dishonor of H.M. rights and most valuable interest. In the same session they presented the Council with a list of grievances, to which the Council made answer, the copys of both are inclosed, and I am humbly of opinion the reading of them will justify me before H.M. If the defence of H.M. fortifications and small expence upon H.M. Birthday, and a troop of guards attending the Governour thro' the depth of the Country in sight of the Enemy be grievances, I humbly submit myselfe to H.M. censure. Soon after, they sent in their votes to have £200 paid to the Governour for his support, and £225 for the Treasurer, who is a person chosen by themselves. The Council sent back their votes, earnestly moving they would put a greater honour upon H.M. Governour than upon their own Treasurer; but could obtain no alteration in those votes: the Gentlemen of the Assembly, alledging that they must sometimes make alterations in their grants of money, otherwise it would looke as if it were a salary, which they resolved to avoid. Tho' H.M. has often repeated Her commands since my coming hither that a setled salary should be established for her Governours, which they have as often denyed. I will trouble your Lordships with one Article more. I moved the Council and Assembly to Address H.M. upon the Union and any other affaires of their own that they might have to offer. The Council thereupon sent the Representatives an Address upon the Union, and votes to joine their Committees in any other affaire: which have been usual in all times past; This they refused: and since they rose, I am informed they have sent away an Address from that House alone; when it seems in their long session they had reduced them from 77 members to about 40, and of them about twenty-two or three agreed this Address; the Governour and Council being perfectly ignorant of what is contained therein. I most humbly pray your Lordships' consideration of what is foregoing, and if anything be inconvenient in that Addresse or other their Papers, it may not be attributed to myselfe or H.M. Council, but truly, as it is, of a few men that are displeased and restless; who are also put forward by some persons attending at Whitehall in hopes of removing me from my station. The value of my Office will make nobody fond of it; but I am not willing (if I may have H.M. favour) to be by such methods bubled out of an Honourable Post; wherein I have served H.M. faithfully with all diligence and acceptance of the People; and doubt not for the future of so doing, if H.M. shall be so graciously pleased. Signed, J. Dudley. Endorsed, Recd. Read Nov. 29, 1708. 3 pp. Enclosed,
33. i. Minutes of the Council and Assembly of the Massachusetts Bay, June 24, 28, 1708, relating to an Address to H.M. The Council propose a joint Committee to prepare the heads of the Address, not thinking it reasonable that either House should be tied up to heads proposed by one House singly. Referred to in preceding. Endorsed, Recd. Nov. 16, Read Dec. 17, 1708. 1 p.
33. ii. Resolves of the Assembly of the Massachusetts Bay, granting £200 for the Governor's support, and £225 for the Treasurer. July 3, 1708. Referred to in preceding. Same endorsement. 1 p.
33. iii. Minutes of the Council and Assembly of the Massachusetts Bay, July 1, 2, 1708. (a) Grievances sent up. Complain of money being spent (1) on men for looking after Salem, Marblehead and Charlestown fortifications, (2) on illuminations at the Council Chamber (3) entertaining the Court Martial in Sept. (4) paying Capt. Southack 40s. more per month than any sea commander (5) allowing large sums for the support of the Governor and his guards eastward into N. Hampshire without the concurrance of the House. Complain that the President of the Colledge is not dismissed from his places of Judge of Probate and Justice of the Peace, whereby he is hindred from devoting himself entirely to that work. Signed, Thomas Oliver, Speaker. (b) Reply of the Governor and Council. (1–3) The sums referred to are very trivial. The first is in accordance with the object of the vote as declared by the Representatives themselves. The second for the celebration of H.M. Birthday, Coronation and Accession. The third for an enquiry into the miscarriage of the expedition to Nova Scotia. (4) Capt. Southack is paid less than the English establishment for a ship of the same rating. (5) The "large sums" amount to £60 for several journeys in one year. It is necessary that the Governor should visit the forces defending the Eastward part of the Province etc. Same endorsement. 2¾ pp.
33. iv. Copy of a Bill, proposed by the Council and rejected by the Assembly of the Massachusetts Bay, June, 1708, for the better providing of masts of H.M. Navy. Same endorsement. 2 pp. [C.O. 5, 865. Nos. 6, 6.i.–iv.; and (without enclosures) 5, 913. pp. 30–35.]