America and West Indies: March 1709, 1-15

Calendar of State Papers Colonial, America and West Indies: Volume 24, 1708-1709. Originally published by His Majesty's Stationery Office, London, 1922.

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'America and West Indies: March 1709, 1-15', in Calendar of State Papers Colonial, America and West Indies: Volume 24, 1708-1709, (London, 1922) pp. 230-253. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol24/pp230-253 [accessed 8 May 2024]

March 1709, 1-15

March 1.
St. James's.
387. H.M. Instructions to Colonel Vetch. Whereas you have laid before us the proposall of an enterprise upon Canada and Newfoundland, which may turn very much to the security and advantage of our subjects in those parts of America, as well as to the prosperity of our Kingdomes in generall, We having taken the same into our royall consideration, do entirely approve of the said proposall, and in order to execute it effectually, have thought fitt to give you these our following Instructions. You shall immediately repair on board the ship appointed by our High Admiral for the transporting you, with such officers as shall be sent over under your command to severall of our Colonys in North America. Upon your arrivall at New York you are to deliver to the Governor of that place a letter from us, and communicate to him there your Instructions, acquainting him that we shall expect from him a punctual and ready complyance to all such as relate to him. You shall represent to him that out of our great desire to answer the frequent applications, which have been made to us by our good subjects the inhabitants of those parts, to deliver them from the neighbourhood of the French at Canada, which of late years hath been so troublesome to them, we have fitted out an expedition, the particulars of which you shall lay before him, and withall let him know, that we strictly require and enjoin him, to give such an assistance to the said expedition, as is hereafter specifyed. You shall signify to him our pleasure, that the Government of New York do furnish a Quota of 800 men, including the four standing companys, and that the City Regiments of York and Albany do duty in the Forts during the absence of the said standing companys. You shall at the same time acquaint him that New Jersey is to furnish 200 men, Connecticut 350, and Pensilvania 150, so that the whole force will consist of 1500 effective[s], which are to be disposed into four battallions, each battallion to have one of the four regular companys mixed and incorporated in it, and to be commanded by the Captain as Colonel, whose company is so incorporated in it, and under him by the respective officers of the country troops; the officers that go with you, and are designed for New York, to be distributed among the Companys, as the Governour in concert with the Commander in Chief shall think best for the service. You shall likewise acquaint the aforesaid Governours in our name, that we do command and expect from him that the Quotas of his Governments be ready at Albany with all things necessary for the expedition, by the middle of May next ensuing at furthest, and that he furnish all the troops with what arms and ammunition they want out of the magazine at New York, and that he do forthwith get together, and keep in readinesse three months provisions for his quota of men, to be transported and lodged in some convenient place at the Wood Creek, or elsewhere, for the security of which he shall in conjunction with the Governmts. of Connecticut and Pensilvania cause to be built a large wooden storehouse, as also six or more large boats, that will carry 60 men each, for the transportation of their heavyer stores by water and also contract with the Five Nations to make as many canoes with all speed as will be wanted for the said expedition. You shall moreover enjoin the aforesaid Governour in our name to command and engage the aforesaid five Nations as also the River Indians to join with all their fighting men in the said expedition, and promise them a good present if they do. You shall likewise acquaint him that it is our pleasure, that he give all fitting encouragemt. to any Gentleman or others, that shall offer themselves to go as volunteers in this our service. You shall deliver a letter from us to the Governour of Pensilvania, and another to the Governour of Connecticut for the time being, and signify to them our Royall will and pleasure that they have their quota's of men and provisions ready by the middle of May at farthest, acquainting them withall, that the Governour of New York is ordered to assist them with what arms and ammunition they shall want. After having finished your negotiations, for the foregoing expedition with all possible secrecy and dispatch, you shall deliver a letter from us to the Governour of New England, and another to the Governour of Rhode Island for the time being, strictly commanding and enjoining them in our name to raise at least 1200 of their best men, according to their usuall proportions, and likewise to give all fitting encouragement to any such as shall offer themselves to go volunteers in the expedition whether gentlemen or others, as also to have in readinesse a sufficient number of transports wth. three months provisions, and able pilots, whereof Capt. Southweek to be one, and to go in his own galley, and that all may be ready to embark by the middle of May next, upon the arrivall of the Fleet from England, and for their greater encouragement you shall acquaint them that we have ordered arms and ammunition to be sent with you for the number of troops they are to furnish, which arms and ammunition you shall accordingly deliver to the severall companys, in presence of the Governor or Commissary of the country taking a receipt for the same, wch. you shall transmit to our Board of Ordnance in this Kingdome. You shall with the concurrence and advice of our Governour of New England contract with ship carpenters for the building of ten or more large flatt-bottom boats that will carry 60 men each for the landing of troops, and also contract with proper persons for the furnishing of eight months provisions to the troops that shall be left at Quebeck and Montreal, if it shall please God to make our forces masters of these places, and to give us the successe we hope for from this expedition. And to the end that nothing may be wanting on our part towards engaging the severall Governments to act with the uttmost spiritt and vigour in this expedition, you shall assure them in our name, that such of the Governments as contribute towards the reduction of Canada, shall have a preference both with regard to the soyl and trade of the country, when reduced, to any other of our subjects, and when they shall have concerted among themselves any reasonable proposall for the procuring to their respective Colonys, the benefitt of the said soyl and trade, we shall not be wanting to give our Royall sanction to the same. You shall communicate these our Instructions to Coll. Nicholson who has offered himself, as a volunteer in this present expedition, and further out of our regard of his known abilitys and zeal for our service, we do require that you shall admitt him into your private consultations with our severall Governours on the methods for putting this your proposall in execution; and if by reason of the distance of time and place, any other preparation may be necessary for the carrying on of this expedition, which we could not here foresee, and which is not contained in these your Instructions, you shall with the concurrence of the Governour who is to assist in any such service, and of Coll. Nicholson, make any such preparations, tho' it is not mentioned in these your Instructions, provided that it appear to you absolutely necessary for the carrying on of the expedition, as aforesaid, and that the Governour and Coll. Nicholson do entirely concur with you in judging it to be so. Signed, A.R. Copy. 9 pp. [C.O. 5, 9. No. 22.]
March 1.
St. James's.
388. The Queen to the Governor of New York. Trusty and and wellbeloved, We greet you well. Whereas We are fitting out an expedition, with great expence, for the security of our subjects in your Government from the neighbourhood of the French in Canada, which has been very troublesome to them of late years, according to certain proposals laid before us by our trusty and well-beloved Col. Vetch, and pursuant to the many applications that have been made to us by our subjects who have suffered very much from the French in that neighbourhood; we do hereby strictly require and command you, to be assisting to this our expedition, after the manner that the said Col. Vetch shall propose to you, and that you look upon those parts of his Instructions which relate to you, and to our Government under your care, and which we have order'd him to communicate to you, in the same manner as if they were our positive commands directed to yourself, and that you pay the same obedience to them. And whereas there may be some particulars in our abovementioned Instructions, as that of the place of Rendezvous, which you who live in the country may be the most proper judge of, we do therefore leave this, and other the like circumstances, to be alter'd at discretion, as our service shall require, provided that Col. Vetch and Col. Nicholson do concur with you in any such alteration, and provided that you punctually and exactly observe the numbers of men which you are to raise, and the time when they are to appear and be in readiness to enter on the expedition. 2 pp. [C.O. 5, 1084. No. 40; and 5, 1091. No. 14.]
March 1.
Bermuda.
389. Lt. Governor Bennett to the Council of Trade and Plantations. Acknowledges letters etc. of May 14 and July 13. My letter of Sept. 22, 1707 was repeated Feb. 10. Inclosed is a list of H.M. Council etc. By Capt. Harford withdrawing himself there are now 5 vacancies. When I deliver a packt. to any Master of a vessel, I constantly put a string to it and order when they find they must be taken, to put a weight to it (as your Lordships mentions) and throw it overboard: But I fear it is to common that that's forgott when danger approaches, but however since it's your Lordps.' opinion, I shall for the future send lists of the inhabitants and what else is required by my Instructions etc. What papers I have from time to time transmitted to my brother, chiefly related to my defence when representations have been made against me. But if that's a fault, I shall desist from soe doeing, and depend on your Lordsps.' promise, that noe complaints will be made use of to my disadvantage, till me or my friends for me have been heard. I am very much concern'd that mine of June 25, 1706 miscarryed, wherein was an account of powder and stores of war etc. But I shall with all expedition prepare another. The 4 Acts of Assembly your Lordships mentions to be wanting are herewith sent, and if not before, the omission must be in the Secretary in not transcribing them with the rest. But pardon me I am sure that Act for the further regulateing Courts of Judicature hath been (att least) twice transmitted. Therefore I conclude it has been intercepted, which practise my packts. have to frequently fallen under. Here are also other Acts which have been either omitted or miscarryed, that were passed both before and between the yeares 1704 and 1707 and since, etc. Signed, B. Bennett Endorsed, Recd. June 29, Read July 11, 1709. Holograph. 3 pp. Enclosed,
389. i. List of Council of Bermuda, showing 7 dead and one resigned. Endorsed as preceding. 1 p. [C.O. 37, 8. Nos. 84, 84. i.; and (without enclosure) 38, 6. pp. 461–465.]
March 1.
Bermuda.
390. Same to Same. Acknowledges letter etc. July 7, Aug. 4. I shall acquaint the Assembly when they sit of H.M. Order relating to the passing a Bill to encourage the building a House at the Ferry. The account of stores of war shall be transmitted as soon as possible. Signed and endorsed as preceding. Holograph. 1 p. [C.O. 37, 8. No. 85; and 38, 6. pp. 465, 466.]
March 1.
Boston, New England.
391. Governor Dudley to the Council of Trade and Plantations. This comes by Capt. Riddell in H.M.S. Falmouth, which is the only safe conveyance since the Deptford brought home the accounts and papers from these Governments the last year, and with this your Lordships will receive all the Acts of the Assembly of both Provinces, continuation of the Revenues and grants of supplys for the war, the Minutes of Council, the issues of causes and judgments at law, the accounts of stores, armes, ammunition and cannon in the several castles and forts, and what else I am commanded by H.M. Instructions and your Lordships' letters. Refers to enquiries of May 7, 1707. q.v. All which the answers to the particular questions will open to your Lordships' satisfaction unless the last, referring to the Governour's imploying his time in H.M. service here, which is after this manner. In May, the General Assembly of the Massachusetts sits down, and generally holds six weeks, which I am forced to attend everyday to put forward H.M. service and to keep the Houses to their duty. The Council consisting of 28 Members and the Representatives about 80, they may be, if the Towns please to be at the charge of their sitting, one hundred. When that Assembly rises, the Assembly of New Hampshire usually sits down for a shorter time, being fewer in number and more [ready] in their dispatches. The issue of these two Assemblys brings July and August, [in] which months I have what troubles the French and Indians, my neighbours, can give me in the frontiers by their marches upon me in the covert of the woods, which keeps me well imployed to send forces to all parts of the frontiers of 200 miles long, which has been so successfully managed these six years of the war, that I have not lost one village, nor drawn in any, which has been always done in the former troubles with the Indians. This trouble and hurry of their incursions holds till the fall of the leafe, and beginning of October, when the General Assembly of the Massachusetts setts down again for another six weeks, and then follows the Assembly of Piscataqua, as in the spring, and these bring December, when I am fitting out partys from all places upon their snowshoes, who in the depth of the winter for four months are searching the forrests for 200 miles deep for the lodgings of the Indians, whereby this whole war I have kept them from all their antient seats and planting grounds, and driven them to inaccessable places and parts, where no corn will grow for their support, and this brings the Spring again, and a new year's business, and all the travail and care return again. The names of the present Council of the Massachusetts are in the inclosed list, tho I suppose that clause in your Lordships' letter mistaken, because H.M. do's not supply the vacancies of Councellours here, as in all H.M. other Governments, but they stand by an annual election, and so the Assembly alters them every year as they please, and the Governour has power by the Charter to refuse any so elected, which is usually done, so far as to refuse one or two of the 28, to maintain H.M. Prerogative, tho' there is frequently reason enough besides, it being easily observed by strangers here, that the best estates in many parts of the Countrey are not chosen into the Council, but very inferiour persons taken in, both for estate and education, and of less affection to the strict dependance of these Governments upon the Crown and Government of England, to the hurt of H.M. interest, which can be amended only by time, and a steady management of affairs, which will at length convince the people of their own benefit in H.M. favour by their good obedience. By the rule of five to one for old men and children against the mustered souldiers, I judge this Province to contain when I arrived 50,000 souls, these are all freemen, and their children, besides the Blacks, of which your Lordships have account in my answer of the Affrican Company. This number is increased by 1000 every year, and so I believe they are for these last six years that I have served H.M. here, the warrs and troubles with the Indians notwithstanding. The cause of the People's removal out of this Province is the inequality of the taxes. The lands are equal our health here, the best of all the Provinces, trade superiour to any, but our taxes are seven times as much as any other part of H.M. Governments, from Carolina to Newfoundland, and there being nothing but a line of marked trees between the inhabitants of this and the other Provinces, and they every year see that the whole burthen of the warr lyes upon these Provinces, this poor people can easily remove to the next Colonys to that degree, that I believe we have lost 200 men within this 5 years, most of them to our neighbours of Connecticot, which will be all redrest and people quiet, when H.M. shall be pleased to make the charge of the war equal upon all the Governments. [In] Peace, the import and excise, tho very small will maintain the charge of the Massachusetts Government, and now wee spend in the warr £30,000 per annum by a land tax very heavy to the Planter. I mustered the Militia of the whole Province in 1702, and gave the account, about 10,000, and I believe there are now 1000 more [in t] he musters, the warrs and troubles notwithstanding. The commoditys raised in this countrey for exportation for Europe are fish, lumber, oyl tar and other gumms, furrs; fish to the value of £30,000; lumber £2000; oyl, £5000; tarr and gumms £10,000; furrs, £1000; besides these from hence comes into Great Britain sugar, tobacco, logwood, and other dyes, rice, molasses etc. to a very great value, produced and brought [hit] her by a trade with the West Indies, for provisions, horses and lumber, and from Virginia for a coasting trade and barter holden with them, all which center at home in England. I know of no commoditys of Europe supplying the inhabitants here, but from England directly, though they may originally come from Holland, Hamborough, France (in peace) or Spain, because the Acts of Parliament command it to be prevented, and I am as carefull as is possible, tho it be very displeasing to such as use a false trade. The trade of this Province is increased in all the articles above to a very great degree, since my [coming] hither, except the article of furrs, which is abated by reason of the war; the Indians [carry] their furrs to the French, and our own Indians and English are prevented from lying abroad and following their traps as in peace. And I must add that the woolen trade from England is also in a great measure abated, the people here cloathing themselves with their own wool, and this is occasioned by two things—first the excessive prices of all goods from England, nothing is here sold at less than £150 p.c. advance, most goods more, so that the countrey cannot purchase, and secondly, the returns for England in payment pass through [so] few hands, that many, if not most, have no share in them, and so have not wherewith to pay for goods. I begg your Lordships pardon to say, that unless the Kingdom of Great Britain will please to come into a lumber trade from these Provinces, and H.M. will please to build some of her great ships here, the trade for the woolen manufactory will every year grow less, tho' the people increase to a very great degree. They are proud enough to wear the best cloath of England, if chopping, sawing and building of ships would pay for their cloaths, and this method would double the sale of English woolen manufactory presently. There wants nothing to prevent illegal trade, and the officers H.M. has here are very good, but they are but four persons of salary, and there are 40 harbours and places to look after, where goods may be landed; to supply all these places with officers purely upon the head of prevention, where there is nothing to receive, would increase an unreasonable charge to the Crown. I am of opinion that if there were a good yatch with 6 able hands always tending upon the coast, obliged to speak with all ships coming into these Provinces, the charge would be little and the prevention very great, and serve beyond all the land-waiting and officers possible to be erected, and in a few years might be again abated, when the trade of smugling were diverted.
Our ships are of 3 sorts;—above 100 tonns, 20; between 50 and 100 tons, 60; below, these are vessels belonging to the Province that trade to the West Indies and the shore of America, 120; which must demand 1000 saylors, as near as I can set it, besides a like number of all sorts built every two year for merchants of London and elsewhere, there having been registred generally 70 vessels per annum, most of them built here. This Province has all sorts of manufactures setled, that belong to iron, leather, linnen, and tho' to no degree capable to serve the inhabitants as yet. There is usually shipped 800 tons of train-oyl from this Province, which alters yearly as the whales pass by us, nearer or further from the shore, and as the weather happens for boats to keep the sea as they pass, wch. they do every year from Pole to Pole. The fishing for codd is much superiour to value of £30,000 per annum, which goes to Spain etc., and returns mostly by England home again, besides the trade of mackerill for the West Indies, at £5000 per annum uncertain. Your Lordships' wisdome needs no intimation of mine to know how these Provinces may be made happy and serviceable. I am humbly of opinion that the English settlemt. from Pemaquid to Delaware River, which never cost England above tenn thousand souls to settle them, which tract is now divided into six several Governments, contain in them 150,000 [souls], and are daily increasing, and are a very industrious people, as appears by a subdued and wellbuilt [countrey], and will stand in need of nothing to make them such as your Lordships would have them, but a good [defence] against the incursions of the Indians and French by land which would be done at once by a Colony of tenn thousand North Britains, who might peaceably enter upon a better land than their [own] with all advantages of trade, fishing and lumber, and be in a readiness to assist the removal of the French from Quebeck and Port Royal, and then the Peace and repose of these Provinces would make the trade of all sorts five times what it is presently, over all which, if H.M. Government be justly maintained, and the people and trade kept to a strict and constant dependance upon the Acts of Trade and Navigation, and put upon the linnen manufactory, for which the countrey is extreamly proper; the Mother will find her daughters increase her wealth and honour to a very great degree. The publication of the Union was forthwith done in the presence and attendance of the Council, Military Officers, the Regiment in [Boston], Horse and Foot in armes, with all due solemnity, as the Minutes of Council will further advise. Acknowledges letter etc. May 12, 1707, which came not to my hands [till the] 12th July, fourteen months after, but were presently communicated to the Councill [and] are upon record in the Council Books. Acknowledges letter Dec. 30, 1707, April 15, 1708 and May 15, 1708. The Acts concerning foreign coyns and Trade have had their solemn publication in both Provinces, and I hope will be [duly] obeyed: there shall be nothing wanting on my part to make H.M. subjects [sensible] of the ffavour done them in both those Acts, and the injury the Plantations have done themselves in raising the value of peices of eight, on pretence of keeping them in the Countrey, which they have mist of, and have only lowered and injured their own estates thereby. Acknowledges letters of July 8, 1708. Mr. Bridger is very sensible that at all times he has had my Proclamations, Orders, Warrants and the assistance of the Justices and [Sherriffs] everywhere, and in all dangerous places I have assigned him guards for the security of [himself] and his Deputys, and wherever he has had tryals with Mr. Plaisted and Mr. Mico, he has had [letters] to the Judges of the Courts advising and requiring them to do their duty to H.M. therein, [as being the] only Article wherein anything is reserved to H.M. in these great Provinces; and [because] there was nothing of a Charter, nor any record of that saving of great timber to H.M. [in] New Hampshire, I have obtained a Law, which is humbly offered to your Lordships in the [files], that it shall be £100 ffine for any person on any pretence to cut such [timber]; but am forced to acquaint your Lordships that at the next Sessions of the Massachusetts Assembly in May last I offerred the same Act in the very words of the Charter of the late King, [but] could not obtain it to be enacted by the Representatives, which was the same House that [by a] farr minor part of what sat down at first (who were necessarily withdrawn for the defence of the Province,) sent away a secret Address to H.M. reflecting upon myself, and perhaps if it could be known, the care of H.M. rights and interests in this and other things are the [latent] reasons of all the displeasure of that little party of men, against whom there is 100 [to one] that are of another mind. Referring to the Councellours mentioned for New Hampshire in this letter, I hope Mr. Vaughan [their Ag] ent will take out the warrants, and if your Lordships shall please at his return to add him and Mr. George Jaffreys, son of a Councellour lately decd., they are [men] of loyalty, estates and education, and will honour the Queen's service in New Hampshire. The postscript of this letter referring to the barbarous method of the French and [Indi]ans depending on them, scalping the dead that fall into their hands, is upon account [that] the French Government have set the heads of H.M. subjects at a value, sometimes [40] shillings, sometimes £5, which the savages cannot challenge without shewing [the] scalps, as the French have made it in their order referring thereto. This I have [exp] ostulated and upbraided Mr. Vaudreuil and Mr. Supercass and every Governour on the French [side], and challenged them to tell their own Master if they dare of such barbarity used to Christians, [but to] no effect, and have threatned them to leave their prisoners in the hands of the Indians, as they [have] done many of ours, but have prevailed nothing. On the other hand, I have treated their [dead] and living prisoners with all respect, tho as your Lordships will see by the Acts of the [Assem]bly of the Massachusetts, I have set the Indian rebels' heads at £100 each, [who] after a fforty years submission and allegiance to the Crown of England, and contrary to all [protest]ations and covenants with me at two appearances and attendancies of me since my [comin]g to this Government, without the least provocation have broken out and murthered [severall] Familys at the first opening of the warr five years since etc., a very far different case from what your Lordships [take] notice of in their treatment of Christians.
Acknowledges letter of July 13, 1708, and Instruction, July 3, relating to molasses and rice, which I formerly had, [and is] well established in the Customehouse of both Provinces; all other clauses in that Instruction, referring to the Union, Forreign coyns, trade to America, are published and established as commanded in both the Provinces. Your Lordships' next letter is of July 23, 1708, wherein I acknowledge my [self] well rewarded for all my service here, that anything I have done against the Indian [enemy] is acceptable to your Lordships, and if the proposals mentioned referring to Canada [and Port] Royal may proceed, it will perfectly put the North America with all the Fishery and Naval stores into H.M. hands, and these Provinces to a lasting repose. I shall, as your Lordships direct, maintain a good correspondence with my neighbours [of Roa]d Island, and the rest, with whom I never had any personal difference, but was sometime [since] commanded by their Lordships then at the Plantation Board to take and remit papers and [evidences] referring to the neighbour Governments, in which I proceeded upon articles by H.M. commands under the Great Seal of England, and no otherwise. It would be very happy if the challenge of Mr. Allyn against New Hampshire may have [an issue] after 33 years strife. I shall continue my care and duty to H.M. affairs in Mr. Bridger's hands, and [cannot] suppose him guilty of any neglect or connivance; however shall use the caution [your] Lordships have given me. I humbly pray your Lordships' favour to Mr. Vaughan in his [attendance], I hope he will behave himself as he ought, having always observed his loyalty and affection to H.M. Government here. I shall obey your Lordships' commands, and put the letters to the other Offices [by] themselves for the future. I have also with these letters a duplicate of H.M. commands referring to Mr. [Vetch] and Borland etc., and have proceeded long since in that affair as I am commanded; [the] fines of every one of them were forthwith restored, they having given bonds for their attendance of a new tryal in ordinary form, except Mr. Vetch who is not yet returned, and the Courts are proceeding in their tryals, and the accounts of causes will contain the issues of those ca [ses].
Acknowledges letter of Aug. 4, 1708, containing H.M. Order as to accounts of ordnance, etc. I have not hitherto neglected for 4 or 5 years last past the account from the Castle of Boston, the Forts of Salem and Marblehead, and from New Castle in New Hampshire, for every half year with the expences have been duly transmitted under [the] officers' hands, and my letter conveying them unto the Board of Ordnance, and are well arrived as [far] as I can learn, and I doubt not are there remaining, ending Lady Day and Michaelmas Day annually, and shall now be sent home to June 24 for the years, with this intimation, that I had 50 barrels of powder from the Tower of London which came with me hither in April, 1702, and since that I received 20 cannon, which are set in the Castle of Boston, in such places as H.M. Engineer has determined most proper for the service; all other powder and shot has been annually bought by the Province money given for that end and taken in the powder duty in both Provinces, being one pound of powder for a ton of all ships coming hither in trade.
Duplicates of these shall be also sent to your Lordships' Board, and are inclosed, etc. The continual marches in the woods and 150 small garrisons in the frontiers, and the Province gally, which are all maintained at the Province charge, put me to the expence of — barrels of powder per annum, for which the Assembly raises a payment in common with other affairs, and is with great strictness and care issued by warrant for the several services at all times, which has sometimes cost £18 a barrel, and to the [end that] the stores of powder might be kept safe and not endanger this great town, I have this [summer] built a very fair Powder-house of brick, distant from any other buildings, and appointed [and sworn] officers to receive and deliver all powder and other stores there kept, which cost the Province £600. Your Lordships will see by the account of cannon etc., that there are but four fortifications that give in their accounts, the Castle of Boston, Salem, Marblehead, and Newcastle, besides which there are two other at present holden by a standing force, both in the Province of Main, one at Saco River and the other at Casco Bay, these two forts were built before my coming hither as Trading Houses, but had each of them 4 gunns for the security of the Trade, and when war broke out, the Representatives of this Province earnestly moved me to slight them, and draw [in that] frontier; but they being the utmost frontiers eastward, I have always possitively refused [to] draw them in, and while Col. Romer was here H.M. Engineer, I got that at Casco enlarged, and have usually 100 men in garrison there. The other at Saco stood inconveniently [in a] valley, and Col. Redknap, H.M. Engineer now residing here, has taken down this Fort, [and] set it in a more advantagious place down the River, where it covers the Fishery. This put the [Province] this year to 3 or £400 cost, and will be for the future very serviceable. I have had but one inroad this summer from Canada. Mr. Vaudreuil, the Governour [of] Quebeck, being in June last at Montreal, gave out his warrant for the raising 1000 men for a descent upon me, of which I had soon notice from my Indian scouts always [lying in] his countrey, and near him, but not knowing where they intended to light upon me, I was for [ced] to equip 2000 men, 10 troops of horse and the rest ffoot, and lay them about 150 in every village from Dearfield to Wells, 200 miles in length. But it so happ [ened that] Mr. Vaudreuil being then 300 miles from Quebeck, where the most of his troops were to be raised, the people made a great pretence of sickness and disorder amongst them, so that he fell in his demands to 500, and when they mustered they proved but 300, [and] after 3 days march, half of them, being most Indians weary of the war, deserted and fled, so that at 40 days they fell in upon Haverhill, an open village of about 200 ffamilys, where as in other villages there was a troop of horse, and 100 men quartered, who soon beat [them out] of town, killed them 20 men, and they carryed away as many wounds, and we lost here 3 [ffam] ilys of the poor people, who without that care must 1000 of them have perished in a few hours [time.] I have now abroad a force of 200 men upon their snow-shoes, ranging all the old [settlem] ents of the Indians at 200 miles distance, where I have kept them from their planting and [reside] nce these 6 years, and resolve by the help of God to keep them from thence till they desert the [Fren]ch service and return to their duty and allegiance. And they now confess it was easy for the French to draw them into a Rebellion, but they are not able to support them in their own places, but [they] must leave their beloved countrey for another that will bear no corn, nor support them like [their] own. All this unspeakable trouble and cost would be saved by rooting out the French [at] Quebeck and Mont Real, and all the Indians in North America would submit in one day, for [want] of arms and ammunition, as well as other supports and succours.
In 1692 the Government of this Province obtaining the late King's [favour] for the establishment of the methods of their churches, and amongst other laws [for] that end, an Act for the support of Ministers etc., and thereby being impowered to raise a maintenance for the ministers equally upon the inhabitants, [whi]ch in some places proved ineffectual, so many of the people living disorderly, and some of them [being] Quakers, that there was nothing done towards the maintenance of a Minister in several [pla]ces, particularly in two villages called Dartmouth and Tiverton, to remedy which the General Assembly the last year added 60 pounds to the publick tax of Dartmouth, and 30 to that of Tiverton for the maintenance of the Ministers there, which the Quakers, who were the assessors [of the] towns perceiving, refused to lay the tax with that addition, and are since restrained and [imp]risoned by the Treasurer's warrant for the whole tax of the two towns amounting to [five] hundred pounds. I thought it my duty to acquaint your Lordships herewith, expecting [a] complaint thereupon. I am sorry for their suffering, tho it be not upon the head of [reli]gion, and am also sorry that they would be assessors of the tax to bring themselves into trouble, [they] think it hard to be taxed to the maintenance of the Ministry, and if those that are strictly of their [prof]ession were quitted, it would be no great loss, but it is expected that if such an indulgence be [given], a great many will profess themselves Quakers to quit themselves of this charge, as they have [done] from bearing armes, and many villages in the countrey would be left without any publick [worship] on the Lord's Day. I humbly offer it to your Lordships' consideration, having no interest in the matter but that [Religi]on may be maintained. At a village called Swansey in the same County with these there was a sober young Divine, [a] Master of Art, who preached to some of the people at their request; the Selectmen of [the] town being Anabaptists, issued a warrant to convent him as if he had [bee]n a vagabond, and like to be chargeable to the Town; a copy of that warrant is enclosed. P.S. [Since] the writing of what is above, [referr]ing to the Assessors of Dartmouth [and] Tiverton being imprisoned, etc., that matter is accommodated, and the persons discharged of their imprisonment, and the raising that money for the support of the Ministery in the two towns suspended at present. Signed, J. Dudley. Endorsed, Recd. May 23, Read Dec. 8, 1709. 6 large pp. Edges torn. Enclosed,
391. i. List of Council of the Massachusetts Bay:—Wait Winthrop, James Russell, John Hathorne, Elisha Hutchinson, William Browne, Samuel Sewall, Isaac Addington, John Phillips, Jonathan Corwin, John Foster, Joseph Lynde, Elm. [ =Eliakim] Hutchinson, Peter Sergeant, Samuel Partridge, John Appleton, Andrew Belcher, Ephraim Hunt, John Higginson, Edward Bromfield, Samuel Appleton, Isaac Winslow, John Cushing, John Otis, Nathanl. Norden, Ichabod Plaisted, John Wheelwright, Joseph Church, Daniel Epes. Endorsed, Recd. May 23, 1709. ¾p.
391. ii. Account of gunpowder issued in the Massachusetts Bay, April 1703—March, 1708/9. 354 barrels. Signed, Andr. Belcher. Endorsed as preceding. ½p.
391. iii. Gunpowder bought for the Province, 1703–8. 335½ barrels=£3200. 12. 4. Signed, Jer. Allen, Cl. to ye Treasury. Same endorsement. ¾p.
391. iv. Warrant by the Select men of Swansey, Co. Bristol, Dec. 10, 1708. To Benjamin Carey, Constable. Whereas we are informed that John Fiske, late of Bristol, is come to dwell in this town, and is entertained at Mr. Israel Pecks. Therefore according to the trust committed to us by Law, you are required in H.M. name to warn the above-named John Fisk to depart this town within 14 days after warning, and not to return to inhabit again within this town without liberty from the Selectmen, etc. Signed, Joseph Carpenter, Wm. Anthony, Joseph Mason. Same endorsement. 1 p.
391. v. List of causes tried in the Massachusetts Bay, Dec., 1703—March, 1708/9. The whole endorsed as preceding. 46 pp.
391. vi. Proclamation by Governor Dudley for a Day of Thanksgiving in the Massachusetts Bay Nov. 25, 1708, for the maintenance of the Union, the victory in Flanders; preservation from the enemy, particularly in not giving Haverhill a prey to their teeth; for health, harvest, and later rain; and for lengthening out our civil and religious privileges, etc. Boston, Nov. 3, 1708. Printed. 1 p.
391. vii. Proclamation by Governor Dudley for a General Fast in the Massachusetts Bay, March 24, 1708/9. Boston, March 2, 1708(9). Printed. 1 p.
391. viii. Proclamation by Governor Dudley with regard to seamen and deserters in New England in accordance with the Act of Parliament for the encouragement of trade, etc. Boston, Dec. 16, 1708. Endorsed, Recd. May 23, 1709. Printed. 1 p. [C.O. 5, 865. Nos. 22, 22.i.–viii.; and (without enclosures) 5, 913. pp. 89–119.]
March 1.
Boston, New England.
392. Governor Dudley to the Council of Trade and Plantations. This comes by Capt. Riddel, who brings the year's accounts, papers etc. [of New Hampshire.] Repeats part of preceding letter. Replies to enquiries May 7, 1707. By the rule of usual judgment of the number of inhabitants from their muster-rolls, I judge there were in this Province on my arrival 5000 souls, besides a few Blacks; this number may be increased 150, the troubles with the Indians notwithstanding. Very few have removed from hence, but the security from the war and the ease of the taxes in the neighbour Provinces are apparent invitations to all the poorer people [to seek other] places. I mustered this Province in 1702, and the rolls amounted to 1000. I believe they are 150 more now. By this your Lordships may perceive that I account New Hampshire is in [value] of men, towns and acres of improvement just a tenth part of the Massachusetts, [and I] believe I do not misreckon to a hundredth part, their trade excepted, which will [not make] more than the thirtyeth part of Boston, and dependancies. The regulation, Government and security of the trade, its advance and strict [depend] ance upon Great Britain, is all the same with the Massachusetts, etc. Their shipping will bear a tenth from Boston also, ships above 100 tons, 4; between 50 and 100, 6; below 50, that trade, 20.
This Province particularly would presently increase, grow rich and strong, if they were [put] upon the building great ships for H.M. Navy, and the North Britains setled in Nova Scotia, as I have humbly offered last year, and now. All the Acts of Parliament referring to the Union, coyns, trade to America, and the [Acts] referring to the accustomed dutys upon enumerated commoditys, have been duly published and recorded here as in the Massachusetts. Mr. Bridger has all the encouragement in this Province, as in the other, by Proclamation, warrants, guards, and guides in the woods that he has at any time desired, and this Province has shewed their loyalty and duty in agreeing to an Act of the Assembly that I [offered] the last session, making it £100 penalty for [any] person to cut any mast tree without H.M. warrant and lycence therefore, which the Assembly very unanimously came into, tho in this Province there was no [pena]lty ever set before by the command of the Crown or the submission of the people. [This] I humbly acquaint your Lordships with, to shew the loyalty and good inclination [of] this Province, in destinction to the other, where I could not obtain it in a long [sess] ion of 6 weeks, tho' I propounded it in the words of the Charter of that Province, [where] the £100 penalty is expressly provided. The other Act this Province has made for the encouragement of the making [of tar], they have set it at 20s. per barrel for this year, and commanded all future [Assemb]lys to set a price annually upon it, and that it be received at that price [from] time to time instead of money for the payment of all taxes of the Province, [which] will at all times put the poor people upon making what possibly they can annually, and the Treasurer of the Province must have the trouble to dispose of [it for] the publick debts, and by this means it will center in Great Britain. I hope Mr. Vaughan will take out the warrants for the three Councellours H.M. has been pleased to add to this Province, to which I desire if your Lordships seem meet, that Mr. Vaughan himself and Mr. George Jaffreys may be also [added], being persons of good estate and loyalty. The Act referring to molasses and indigo has been published and established [here] in the Custome-house long since. The account of the Castle of this place is in all points sent to the Board of Ordnance by this conveyances, as it always has been, with this addition that your Lordships have a copy inclosed. For this Castle, I have received nothing since my arrival, cannon, armes, or stores. I have kept this Province carefully upon their guards and scouting, and they [are obe]dient and diligent, and I have had no inroad of the enemy, to the loss of [one] man within the year last past, and Col. Hilton, their Chief Military is now commanding a party of 150 men in the woods, in search [of the] Indian rebels. This Province, my Lords, is very small and poor, and a frontier to the enemy, [gives it] a great check, but above all the controversy between Mr. Allyn and the ter-[tenants k]eeps the Province at a great uncertainty, and it would dispose all things to a perfect settlement, if that were determined. The people are very much distinguished from some others [by] their loyalty and good obedience, and inferiour to none for their diligence and industry, and I heartily recommend their prayers humbly presented by their Agent for supply of armes and stores, and, if it may, a small garrison of 20 souldiers at H.M. Fort upon an English settlement. Signed, J. Dudley. Endorsed, Recd. May 23, Read Dec. 12, 1709. 2¼ large pp. Edges worn. Enclosed,
392. i. List of Council of New Hampshire. Signed, J. Dudley. Endorsed, Recd. May 23, 1709. 1 p.
392. ii. List of causes tried in the Superior Court, New Hampshire, Aug. 1708. Signed, Theodore Atkinson, Cler. Same endorsement. 4 pp. [C.O. 5, 865. Nos. 30, 30. i.,ii.; and (without enclosures) 5, 913. pp. 128–137.]
March 1. 393. Mr. Vaughan to the Council of Trade and Plantations. Returns thanks for their report made for the supply to New Hampshire, whose distresses are dayly encreasing. The Assembly have addressed H.M. for a supply of small armes, wch. are dayly lost in ye woods in pursuit of ye enemy, wch. are much wanted, especially in H.M. Castle, there never yet being any such ffurniture there, wch. doubtless on yr. Lordships' Representation may be supplyed, etc. A body of French and Indians promising themselves ye desolation of that part of ye country, were prevented by some troops opportunely comeing thither, so that they did not wholy depopulate a town, but murdered many of the principle inhabitants thereof. Prays that some men, as well as small armes may be supplyed for said Castle, to defend ye. sd. Province as well as H.M. Stores of masts, wch. are much exposed, and may soon be destroyed by three or four chops of an hatchet. Petitioner is informed from ye Governor to pray yr. Lordships that ye Council may be filled up, etc. Signed, Geo. Vaughan. Endorsed, Recd. Read March 3, 1708/9. Addressed. 1 p. [C.O. 5, 865. No. 12; and 5, 913. pp. 52, 53.]
March 2.
Boston in New England.
394. Governor Dudley to the Council of Trade and Plantations. Encloses following. Signed, J. Dudley. Endorsed, Recd. May 23, Read Dec. 12, 1709. 1 p. Enclosed,
394. i. Account of Stores of War in H.M. Fort at Marblehead, June 24, 1708. Signed, Edward Brattle, Capt. of sd. Fort. 1 p.
394. ii. Account of powder expended at H.M. Fort, Marblehead, June 24, 1707—1708. Signed and endorsed as preceding. ½p.
394. iii. Account of Stores of war, and of powder expended at Fort, Anne, Salem, June. 24, 1707—8. Signed, Stephen Sewall, Capt. 1 p.
394. iv., v. Account of Stores of War, and of Powder expended at Castle William, Boston, June 24, 1707—1708. Signed, Zec. Tuthill, Lt. and Master Gunner. 3 p.
394. vi., vii. Account of Stores of War, and of powder expended at Fort William and Mary, Newcastle, June 24, 1707–1708. Signed, Shadrach Walton, Capt. 2 pp. [C.O. 5, 865. Nos. 31, 31. i.–vii.; and (without enclosures) 5, 913. pp. 138, 139.]
March 2.
D.D. Commons.
395. Sir John Cooke to the Council of Trade and Plantations. Reply to Feb. 25. I am of opinion that this matter ought to be communicated to ye Lord High Admiral, that directions may issue to the proper officers, to proceed in his Lordship's name in the Court of Admiralty here, in order to have ye [Spanish] brigantine condemn'd and declared a perquisite of ye Admiralty, being seiz'd at sea, by a non-commissioned ship. Signed, J. Cooke. Endorsed, Recd. Read March 3, 1708/9. Addressed. Sealed. 1 p. [C.O. 137, 8. No. 31; and 138, 12. pp. 373, 374.]
March 2.
Barbadoes.
396. Governor Crowe to the Council of Trade and Plantations. We have had no packet or other vessell from Great Brittain these four months, some masters of merchantmen from Ireland report they had news there of H.R.H. the Prince's death, god grant it may be otherwayes. Encloses coppys of dispatches Nov. 2. I hope H.M. will shew some marks of her displeasure on the offenders. All Mr. Sharpe's negroes and works are now levied upon, and shortly to be sold at outcry, but will not be sufficient to satisfy his creditors. H.M. ships the Windsor and Dolphin being forced in here to refitt falls very fortuneatly out to convey about 12 vessells home, which carrys above 3000 hhds. sugr., the remainder of our last cropp. The Tryton's Prize that brought the Northern trade from New Yorke has taken a French vessell off Martineco of 80 tunns loaden with wine, beef, pork, bread and linnings; said man of war is to returne againe to her station on the 10th of this month. Last week I had one of the Indian Princes of Domineco up here, those Islands continues firm in their obedience to H.M. Our two men of warr are now a cruising. The Weymouth is ordered to call at St. Vincents before she returns. By the inclosed Acts your Lordps. will perceive that the Assembly could not be prevailed upon to raise more than 15d. per head on negroes, which will but pay Mr. Roberts and the mattrosses six months sallary, so that there is nothing for repairing the Fortifications, or discharge of other debts. Their time being expired, I have issued writts for a new one, to meet on March 22, and shall then repeat the many instances I have made for a further supply, which altho they are all sensible is absolutely necessary, yet deferr it to get favour with the Freeholders in order to continue their votes. Refers to case of the Walkers and Lillington (C.S.P. 1705–8.) Mr. William Walker at the last Grand Sessions was indicted by the Grand Jury on the evidence of 3 credible wittnesses for compelling Lillington (at the time of his imprisonment) to give him £2000 to save his life and obtaine his liberty. I send all the proceedings, by which you will see what strange transactions were at the said Court thereupon. I have likewise sent the minutes and proceedings in Council on a memorial and complaint of the Attorney General against the said Court of Grand Sessions, by which your Lordps. will have a full view of that matter and all the proceedings here thereupon; it being, as I conceive, a matter of great importance to the honour of H.M. Government: I pray your Lordps.' speedy and full direction what must be done further therein. I have transmitted the Board of Ordnance a list of all our ammunition etc., and hope your Lordps. will be pleased to order the sending what are wanting. I have some reason to complain of Commodore Legg, which I must deferr untill I can more properly apply myself to the Admiralty Board. Signed, M. Crowe. Endorsed, Recd. April 19, Read May 2, 1709. 2 pp. Enclosed,
396. i. Governor Crowe to the Board of Ordnance. Barbados, March 2, 1708/9 Encloses following, by which you will perceive the great necessity wee have of sundry things, especially powder, smal iron, shott from 3 to 91b., bunting, neats foot-oyle, tarr, and match, etc. Endorsed, Recd. April 19th, 1709. Copy. 1 p.
396. ii., iii. Accounts of the Ordnance stores in the divisions, magazines and batteries in Barbados. Endorsed as preceding. 3 pp.
396. iv. Proceedings of the Grand Jury in Barbados against Messrs. Alexander and William Walker relating to Mr. Lillington, Dec. 14–17, 1708. With Depositions of George Lillington, see supra. Same endorsement. Copy. 47 pp. [C.O. 28, 12. Nos. 19, 19.i.–iv.; and (without enclosures) 29, 11. pp. 449–454.]
March 3.
St. James's.
397. H.M. Warrant for restoring Alexander Skeen to the office of Secretary of Barbados, etc., as Feb. 27, and A.P.C. II. p. 490. [C.O. 5, 210. pp. 139–141.]
March 3.
Craven House.
398. Lords Proprietors of Carolina to the Earl of Pembroke. Request his approbation of John Turbill, whom they have appointed Judge of the Admiralty in Carolina. Signed, Craven, Palatine, Beaufort, J. Colleton, J. Danson. [C.O. 5, 289. p. 155.]
March 3.
St. James's.
399. Order of Queen in Council. Repealing Act of New York for preventing the corruption of currant coin. Cf. Feb. 22, 1709. Signed, William Blathwayt. Endorsed, Recd. Read March 21, 1708/9. 1¼ pp. [C.O. 5, 1049. No. 100; and 5, 1121. pp. 302, 303.]
March 4.
Perth Amboy.
400. Governor Lord Lovelace to the Council of Trade and Plantations. I am come hither to hold an Assembly, which met yesterday and chose Mr. Thomas Gordon Speaker. I have given orders for ye proper officers to transcribe fair accts. of the Minutes of the Councill and Assembly, that were holden both here and at New York, the lists of the ships entred and cleared, and the accounts of the Revenue during my Lord Cornbury's time; there is also preparing now an acct. of the remains of the stores of war at New York and Albany. I know not how soon they can be got ready, but I shall send yor. Lops. quarterly, or half-yearly accounts of these things during my continuance here. Yr. Lops. directions relating to the accounts of the numbers of the negroes imported from Africa for severall years past, I am afraid cannot be complyed with, but I will endeavour in all things to follow my Instructions, and give yr. Lops. from time to time an account of my proceedings. I take the liberty to add that Mr. Mompesson having heard that two Gentlemen in England are putting in for his office of Cheif Justice, hath desired me to remind yr. Lops. of a letter which yr. Lops. sent to my Lord Cornbury, and thinking from thence himself secure in his imployment hath therefore made no application to England to be confirmed, etc. Signed, Lovelace. Endorsed, Recd. Read May 25, 1709. 1½ pp. Enclosed,
400. i. Extract of letter from the Council of Trade and Plantations to Governor Lord Cornbury, Feb. 26, 1704/5. Endorsed as preceding. 1 p. [C.O. 5, 970. No. 80; and 5, 994. pp. 473, 474, (without enclosure); and (enclosure only) 5, 1049. No. 102.]
March 4.
Perth Amboy.
401. Governor Lord Lovelace to the Lord High Treasurer. Extract:—I have not yet been able to divide the lands among the poor German Protestants, the snow being upon the ground, and no distinction can yet be made between profitable and unprofitable land. I have been forced to support them by my credit here, tho' I have not any directions about that matter. I hope your Lordship will please to order the payment of such Bills which I must draw upon my Agent, Mr. Gough, to answer the charge of their support. Endorsed, Recd. Read Aug. 12, 1709. 1 p. [C.O. 5, 1049. No. 105.]
March 7.
Craven House.
402. Lords Proprietors of Carolina to the Council of Trade and Plantations. We are now sending to Carolina John Lawson and Edward Mosely Esqs., whom we have appointed to be Commissioners to survey the lands in dispute (cf. Jan. 27), and to take all necessary care in the settling and ascertaining the bounds on our part conjointly with such as shall be appointed by H.M. or by any other persons by her order for the Province of Virginia; and in case any dispute may arise which we doe no way foresee in the determination of the said boundaries, we are willing to refer the same to H.M. decision, not doubting of H.M. justice and goodness upon this and all other occasions. Signed, Craven, Pallatine, Beaufort, J. Colleton, J. Danson. Endorsed, Recd. Read 11th March, 1708/9. 1¾ pp. [C.O. 5, 1264. No. 63; and 5, 1292. pp. 133, 134; and (dated March 3) 5, 289. p. 155.]
March 9.
(N.S.) Fort Kykoveral Essequebo.
403. P. Vanderhëyden Razen to the Directors of the Dutch West India Company. Signed, Pr. Vanderhëyden Razen. Endorsed, Sept. 6 (N.S.), 1709. Dutch. 21 pp. [C.O. 116, 20. No. 17.]
March 9.
New York.
404. T. Byerley to Mr. Popple. Returns thanks for letter of July 23, 1708, and repeats part of following. Signed, T. Byerley. Endorsed, Recd. May 21, Read Sept. 5, 1709. 1 p. [C.O. 5, 1049. No. 113; and 5, 1121. p. 401.]
March 9.
New York.
405. Same to the Council of Trade and Plantations. In Oct. last the Lord Cornbury suspended me again, and by a special warrant order'd the High Sherif to arrest me in an action of £4000, and afterwards by a writ of £5000 at the suit of ye Queen, likewise at his own suit for £700. To all which summs I gave in security, but being threatn'd to be worse us'd, I was forc'd to retire to the next Government, till H.E. my Lord Lovelace arriv'd, wch. was about Dec. 20 last, who finding the hardships I had done me without being guilty of any crime, restor'd me to my Office again, etc. Signed and endorsed as preceding. 1 p. [C.O. 5, 1049. No. 114; and 5, 1121. pp. 402, 403.]
March 10.
Whitehall.
406. Council of Trade and Plantations to the Earl of Sunderland. Reply to petition of Peter Diharce, Feb. 10. The permission therein desired cannot be granted without dispensing with the Act of Navigation, 12 Car. II. etc. [C.O. 389, 20. pp. 338–340.]
March 10.
Whitehall.
407. W. Popple to the Clerk of the Council in waiting. An Act having been past in Barbados, Sept. 5, 1667, declaring how the Clarks and Marshalls of the Courts of Common Pleas shall be appointed and what fees they shall receive, the Council of Trade desire to know whether it appears by the Councill Books that the said Act was ever confirmed or repealed by the Crown, and when. [C.O. 29, 11. pp. 426, 427.]
March 10.
Whitehall.
408. Council of Trade and Plantations to Governor Handasyd. Since our letter of Feb. 24, we have only to transmit to you an additional Instruction from H.M. in relation to writts of escheat etc., June 26, Aug. 18, 1708. You are therefore to cause this Instruction to be entred in the Councill Books, and observe H.M. directions accordingly. As to the brigantine mentioned by you to have been seized by a vessell without a commission or letters of marque, we have been informed that the Lord High Admiral has had that matter under consideration, so that you may soon expect to receive his Lordship's orders therein. [C.O. 138, 12. pp. 374, 375.]
March 10.
Whitehall.
409. Council of Trade and Plantations to Col. Jenings. Enclose H.M. Instruction (Jan. 13) relating to the granting of lands in Virginia, which is to be entred in the Councill books and observed in the future, etc. [C.O. 5, 1362. p. 357.]
March 10.
Maryland.
410. Governor Seymour to the Council of Trade and Plantations. Though I wrote to your Lordships very lately of Nov. 18 by the way of New Yorke, and of Jan. 10 by a small briganteen hence; yet now having the opportunity of the Catherine of London, a ship of good countenance, I have herewith transmitted the Laws and Journalls of our last Assembly. By which your Lordships will see I have not fail'd in my duty to lay H.M. Royall commands before the Generall Assembly, and with all the dilligence and industry I was capable of, heartily to recomend them to their ready complyance; But as there was not any person of liberall education that appear'd there; it was too difficult a taske for me, to graft good manners on so barren a stock; so that they have once more refus'd to do anything therein, save ye addressing H.M. in answer to Sir Thomas Laurence's complaint, and the guage of tobacco hhds. H.M. Royall commands, and the reviving the temporary Laws, and especially those for defraying the necessary charges of the Province, discharging the publique debts of this year, and settling the itinerant Justices requir'd the meeting of this Assembly, and I had some small hopes from their Address to me at ye opening of the Sessions, they would have had a greater reguarde for my advice to them; but there were not some envious and malicious spiritts wanting to create heats and jealousyes among the Members of the Lower House; so that it was with' greate difficulty they consented to revive the Act for ordering and regulating the Militia untill the end of the next Session of Assembly, as they have done the Act for lymitation of Offcers' fees with the like reluctancy and lymitation of tyme, being very desirous to render those who are dependent on the Government as meane as may be, and discourage persons of any tollerable qualifications from discharging the severall offices therein; and this partly to satisfye their owne envious tempers, because they have not what others better deserve, and partly being instigated by a restless and pernicious crew, who, tho' they enjoy H.M.gracious protection, are the declared enemys of our Church and State, and the busiest at the severall elections in the Countys where they reside, to get such ignorant and obstinate people return'd, who will pursue their destructive notions and countenance their illegall proceedings. There are three things in this Province which make the Governmt. very uneasye. The Lord Proprietor and his Agents and a greate many of his and their relations being Roman Catholiques, and constantly providing and maynteyning severall busie Jesuites, the Act of Assembly for the advancemt. of the natives and residents of this Province, and the ambition and large jurisdiction of the Country Court Justices. The first by his Lordship's favour in lands not only makes a considerable interest with many of the inhabitants and Delegates, but also gains many proselites, their priests being encouraged and supported by them on all occasions, so that one of them had the confidence to tamper with one of my domestiques; and when they are chequ'd for these abuses, the whole party is in a flame, and ready to raise a considerable contribution for their defence and protection, and with the extreamest spite and malice exclayme against the severity, as they term it, of H.M. Instructions (which indeed would be none, would they conteyne themselves in any reasonable bounds) and often are heard to declare that this Province was favourably created by King Charles I. as an Asylum for them, which indeed it might be could they be contented, and not continually give occasion of scandall and offence to the Government, by the illegall practices of their priests and ye vain malicious lyes they dayly invent and disperse to lessen the glory of H.M. and her confederates happy successes. The second rendring this Province more unfortunate than any other of any H.M. Plantations by imposeing so great an hardship on H.M. free subjects of Greate Brittaine and other her Dominions, that they shall not be capable of having or enjoying any office or trust in this Government untill they have resided here three full years. This discourages all ingenious men to seeke their fortunes in Maryland. And in the space of 14 years, there are scarce 14 men who have undergone that tedious dissability, so that the natives who are ignorant and raw in busieness, and naturally proude and obstinate, are not only the Representatives in Assembly, but the Justices of the County Courts: and by the name of Country-borne distinguish them selves from the rest of H.M. subjects, and run into great heats and divisions, which may be of ill consequence, for as they know little of the laws and good manners they practice less. Thirdly, many of the County Court Justices for many years last past, having been return'd as Delegates to the Generall Assembly, on all occasions have sought to corroborate and establish their jurisdiction by severall Acts of Assembly made of late years, that they allmost believe themselves independent of the Queen's Governour, and were I to change them for others, there is so little choice, the remedye might be worse than the disease. These Justices, especially if they are dealers, which everybody here are, that have anything beforehand, not only countenance their customers, but too often favour one the other, and would have all things under their jurisdiction and administration, tho' they are never so meanly qualified for the trust, and therefore though with their tongues, when seperate, they applaude the new institution of the itinerant Justices, yet when any of them are in the House of Delegates, they leave no stone unturn'd to render it precarious and abortive, by referring ye settlement of a competent sallary to enable the four provinciall Justices to performe their duty, and by severall other crafty evasions, looking upon their honour and grandeur to be highly eclipsed and impair'd by the provinciall Justices comeing to hold the Assizes, and before the appearance of their full countys, giving handsome and regular charges to ye Grand Jurys of Inquest, thereby acquainting the people of their duty to God, their Sovereigne and Country, which these Justices of the County Courts never do, were any of them capable thereof, so that the Country-borne, as they terme themselves, neither, know their duty to the Queen's Majesty, nor ye respect they owe the civill magistrate; wherefore seing their ignorance and ambition will not suffer them to do what in all honesty and good conscience they ought for ye service of their country, I know not how these Justices, who are the only asserters of H.M. Royal prerogative can be supported, unless H.M. is pleas'd to direct the Councill and myselfe should pay each of them £120 per annum out of the imposts rais'd for the defraying the necessary charge of this Province, which will very well answer that, and the other necessary contingencyes. The Justices of the Provinciall Court, as it stood before this regulation, having been as great a charge to ye Province, without any encouragement to them. The severall Laws for the imposts are now revived for 3 years and better, so that there will be a certaine supporte for 3 years at least to those Justices, but without H.M. express direction I shall not presume to make them any allowance for their service. According to a former direction of the honble. Boarde, I have made some observations on the severall laws enacted this session, which are inclosed, and most heartily begg pardon for anything that may have slipt my notice, having been so very ill that I could not sitt in Councill above 3 or 4 days, during the whole Session, and have not been able to go out of my house ever since. I should be very glad to have H.M. royall commands about running out the northern lyne of this Province, or to heare my Lord Baltimore and Mr. Penn had adjusted that matter between themselves, there being many hot disputes, so that ye people of both provinces are, with much ado, restrayned from comitting violence on each other which I should be sorry to see, and in the meantyme will take the best care I can to prevent it, etc. Signed, Jo. Seymour. Endorsed, Recd. June 3, Read Dec. 6, 1709. 6 pp. Enclosed,
410. i. Copy of a Charter for erecting the Town and Port of Annapolis into a City. Nov. 22, 1708. Signed, Jo. Seymour. Endorsed, Recd. June 3, 1709. 9½ pp.
410. ii. Titles of Laws past in Maryland, Dec. 1708, with Governor Seymour's comments upon them. Same endorsement. 12 pp.
410. iii. Journal of Committee of Accounts, in the Assembly of Maryland, Nov. 6, 1708. 25 pp. [C.O. 5, 716. Nos. 69, 69. i.–iii.; and (without enclosures) 5, 727. pp. 150–157.]
March 12.
Bermuda.
411. Lt. Governor Bennett to Mr. Popple. Refers to letters of March 1, and to enclosed, relateing to the designes of the Spaniards and French on Carolina. I have ordered an adviceboat to be fitted, and will be ready in a few days to carry my packet of notice to Sir Nath. Johnson. Also when I have opportunities, shall send the like accounts to New York, and other H.M. Govermts. on the Continent, and to all the plantations in the West Indies; least the enemy may design elsewhere and not on Carolina. As for this place all due care shall be taken, and hope if they doe come, we shall behave ourselves like men and good subjects. The reason I did not receive intelligence sooner was that Capt. Bell went from Curacoa to Saltertudas, and did not arrive here till 4th inst. Signed, B. Bennett. Endorsed, Recd. June 29, Read July 1, 1709. Holograph. 1 p. Enclosed,
411. i. M. Gilleber of Curacoa to M. Samuel Peroneau of Charlestown Carolina. Jan. 19, 1709. I have heard here, itt was projected in La Vera Crux to go in the spring to his country, South Carolina, and that the vessels were already manned for the said expedition. I know not what success itt may have, but itt is good to stand on one's guard. The Spanish gentry will revenge what was done att St. Augustine. The worst of that affaire is that the French will help them. This is all what I can say of that enterprize, which wants confirmation. Extract translated by P. Chardon, and Peter le Conte. 1 p.
411. ii. Deposition of Boaz Bell, jr., Master of the sloop Dolphin. Deponent being in the beginning of January last at Curacao a French gentleman, M. Bernoe informed him that a Flag of Truce had brought news that a Fleet from Cales touching att the Havana with their boats only had taken 6 large laden shipps out of the Fleet from Jamaica bound home near the Gulf of Florida. Deponent saw at Curacao several of the officers and mariners who had been so taken and they told him that there were about 16 or 18 ships of war from 20 to 40 guns and the rest small crafts and privateers. M. Bernoe sent preceding letter by deponent to warn his friends in S. Carolina. Signed, Boaz Bell. Endorsed, Recd. June 29, Read July 1, 1709. Copy. 1 p. [C.O. 37, 8. Nos. 83, 83. i., ii.; and (without enclosures) 38, 6. p. 460.]
March 14.
Whitehall.
412. Council of Trade and Plantations to the Queen. Propose that the Governor and Council of Virginia be instructed to appoint Boundary Commissioners to act with those of Carolina, etc. Set out, A.P.C. II. p. 588. q.v. [C.O. 5, 1362. pp. 358–360.]
March 14.
Councill Office.
413. Wm. Blathwayt to Mr. Popple. The Lords of H.M. Privy Councill appointed for hearing appeals from the Plantations, having under their consideration an Appeal relating to Jamaica, are desirous to know the names of the several Councellors of that Island, and where each of them is supposed to be at present. Signed, Wm. Blathwayt. Endorsed, Recd. 14th, Read 15th March, 1708/9. Addressed. ¾ p. [C.O. 137, 8. No. 32; and 138, 12. p. 376.]
March 15.
Whitehall.
414. Wm. Popple to Mr. Blathwayt. Encloses list as desired in preceding. The Council of Trade do not know that any of the Counsellors are absent from the Island, except Col. Long, who is here in England. [C.O. 138, 12. pp. 376, 377.]
March 15.
Whitehall.
415. Council of Trade and Plantations to the Queen. Propose that Mark Hunkins and Thomas Packer be appointed to the Council of New Hampshire. [C.O. 5, 913. p. 58.]
March 15.
Boston.
416. Mr. Addington to Mr. Popple. Encloses lists of public papers forwarded by H.M.S. Falmouth. Signed, Isa. Addington. Endorsed, Recd. May 23, Read Dec. 9, 1709. 2 pp. [C.O. 5, 865. No. 23.]
March 15.
Boston, New England.
417. Governor Dudley to Mr. Popple. This comes by Capt. Riddel, the convoy of the mast fleet, with the year's papers and accounts etc., wherein I have observed their Lordships' commands in putting no papers into their Lordships' pacquets, but what belong to the office. I was not aware of the fault of it before, tho I never put in any letter of my own private business at any time, etc. P.S. I gave Mr. Drift's second letter to Capt. Southack, and he tells me he has taken order severall wayes for payment. Signed, J. Dudley. Endorsed, Recd. May 23, Read Dec. 12, 1709. Holograph. 1 p. [C.O. 5, 865. No. 32; and 5, 913. pp. 139, 140.]