|
July 21.
Exon. |
1269. Merchants of Exeter to the Council of Trade and
Plantations. In reply to July 7. Approve memorial of the
London Merchants concerning Newfoundland. The building
of forts must be a work of time. The French might easily be
driven out of Newfoundland, their nursery for seamen; their
attack last winter shews us the way. It is of the greatest consideration that the officers in garrison be debarred from trade, etc.
Signed, Gill. Yarde, Mayor. Endorsed, Recd. Read July 24, 1705.
Addressed. 1½ pp. [C.O. 194, 3. No. 80; and 195, 4. p. 53.] |
July 21.
Admiralty Office. |
1270. Mr. Burchett to W. Popple, jr. H.R.H. is informed
that R. Sampson [see July 17 etc.] is servant to Mr. Campbell
and endeavouring to run away from his service. This is the
reason of the Captain's Orders being contradicted. Signed, J.
Burchett. Endorsed, Recd. Read July 24, 1705. 1 p. [C.O. 194,
3. No. 82; and 195, 4. p. 54.] |
July 22.
Windsor. |
1271. The Queen to Governor Sir B. Granville. As No. 1268.
q.v. Countersigned, C. Hedges. [C.O. 324, 30. p. 37.] |
July 23.
Whitehall. |
1272. W. Popple, jr., to Sir Robert Cotton and Sir Thomas
Frankland. The Council of Trade and Plantations send you
an Act for erecting and establishing a Post Office, past in Pennsylvania,
and desire to know whether you have any objection why it may
not be approved. [C.O. 5, 1291. p. 192.] |
| [July 25.] |
1273. Merchants of Weymouth and Melcomb Regis. Approve
Memorial of London merchants concerning Newfoundland. Also
propose that a serjeant and a file of soldiers be placed in each
harbour to induce the planters there to exercise their arms.
Endorsed, Recd. July 30, 1705. 1 p. Annexed, |
|
1273. i. Wm. Harding to Samuel Eyre. Weymouth, July 25.
Requests him to present above to the Board. Signed,
Wm. Harding, Mayor. 1 p. [C.O. 194, 3. Nos. 83,
83.i.; and (abstract only) 195, 4. pp. 56, 57.] |
July 25.
Boston. |
1274. Governor Dudley to the Council of Trade and
Plantations. I hope my last letters by Capt. Morris, H.M.S.
Advice, are well arrived. I have no opportunity but this of a
small vessell coming North about [i.e., round Scotland.—Ed.],
in which I am willing to adventure this only letter, humbly to
acknowledge H.M. gracious letters of Jan. 25 and Feb. 22, together
with your Lordships' letters of April 12, 8, and 20, etc., with the
letters from Sir C. Hedges of April 20, and the Act of Parliament
for naval stores and the two Acts of Parliament prohibiting
trade and correspondence etc., together with Mr. Taylor's petition.
The first of H.M. letters referring to the rebuilding of Pemaquid,
and the establishment of salaries, I have communicated to the
Councill, and the Assembly being to meet Sept. 5, I shall obey
H.M. commands in using all possible methods to prevail with them
to be sensible of their duty and obedience to H.M. commands
therein. In obedience to H.M. other letter, I have now inclosed
the accounts of the stores in Piscataqua, and the present condition
of all things there under the hand of the Treasurer, and Commissary General, as also the present state of the fortifications
and stores of the Massachusetts Province, and what is wanting.
And I pray your Lordships' favour for me in this matter. I
have not neglected my duty, but very soon after my arrivall here
by way of Virginia sent the then present state of every thing,
and once since under Coll. Romer's hand, and the third and last
time now by Carey, who unhappily lost all. The two first of these
I believe arrived, or at least one of them, and I hope is in the
Office. I humbly ask your Lordships' pardon, I have had but
two opportunities seasonably by H.M. ships for my letters since
I came hither, and when my letters are lost, I must obtain pardon
for the time, till I have an opportunity to repeat them. I have
also humbly laid these papers before his Grace the Duke of
Marlborough, and hope they will be to his Lordship's satisfaction.
I most humbly thank your Lordships' care and favour in relation
to the great gunns H.M. has graciously bestowed upon this
Province, and upon their arrival shall direct the Assembly at
their first sitting humbly to address H.M. thereupon. I am very
sorry Mr. Carey should know his duty no better than to neglect to
wait upon your Lordships with what papers he had, especially
the printed triall. My Lords, I should not have directed the
printing of them here, but to satisfy and save the clamour of a rude
people, who were greatly surprised that any body should be
put to death that brought in gold into the Province, and did
at the time speak rudely of the proceeding against them, and
assisted to hide and cover those ill persons, but when it was so
printed here, I intended nothing more than humbly to lay them
before your Lordships, and Carey's neglect to offer them, or to
reprint them, was perfectly his own fault, of which I am truly
ashamed. I have urged Col. Romer to furnish me with plans
of the fortifications, which were lost in Carey. He acquaints me
that besides those that were lost in Carey, he did two years before
that cover them to your Lordships, and saies he is well assured
they are in your Lordships' Office; howsoever, he is coming home
and will waite on your Lordships with them, having now sent the
present state of them severally what they have and what they
want. Since the arrivall of Capt. Redknap, I have had some
difficulty with Col. Romer, who being superceeded by
Capt. Redknap's Commission, perhaps sooner than he expected,
has been uneasy, that I would not since Redknap's arrival direct
my warrants to him for the remaining works at Piscataqua. I am
very sensible of H.M. favour in allowing an Engineer's
attendance in these Governments at a great expence, but I dare
not presume to imploy two, as I have told him, but what they
could agree upon, I would say nothing against, but have strictly
given my orders to Redknap as being the standing Officer.
Col. Romer is a skilful officer, and served very well here, but his
temper is harsh and superiour, and very disagreable to the people,
that it has been a difficult Province to keep matters quiet, passing
through his hands, with other Commissioners, which is perfectly
altered in Mr. Redknap's temper, and is thereby made very easy.
In Capt. Carey was an account of every penyweight of silver or
gold taken from the pirates or their imployer, with their names
severally, and in my other letters since the grosse sums, but I have
now again as your Lordships commanded, sent an exact particular
of that treasure with a copy of the charges thereupon, which is
as thriftily set down as the officers concerned can do it. I have
only to offer to your Lordships that I may be allowed the 5 per cent.,
which is taken in all places, for my service therein as Judge.
The recovery of the money out of the many hands where it was
scattered was a great drudgery, and hard to steady the people
in their obedience, and if H.M. shall be pleased to bestow any
part thereof upon me and the Lieut. Governor, it will justify
my proceedings against those ill men, and assist my support in
the Government. Five daies since I sent to the Secretary of New
Hampshire H.M. confirmation of the Act for obliging the inhabitants to do military duty, and the same is published and entered
accordingly. In answer to Mr. Taylor's petition, referring to his
paying powder money for the mast' ship, which duty is exacted
from none but such as come for masts, I have a very good opinion
of Mr. Taylor's service to H.M., and have been very carefull to
secure and cover his axmen, teams and places where the masts are
lodged, and if your Lordships see meet to have the powder duty
abated to his ships I shall submit, but the matter is a very great
mistake. I inclose copies of the two Acts for the powder duty,
which both provide for all shipping to pay those duties, except
only where the owners dwell in that Province, and I humbly offer
that that duty is rigorously taken of every ship, and without it the
Province would be undone for want of powder, being no waies
able to supply themselves. However, in both voyages upon the
application of Mr. Taylor's Master of the mast ship, I abated
one third of the duty, considering the excessive price of powder
at present made it a heavy duty. I have ordered the publication
of the three Acts of Parliament referring to naval stores etc. to be
done to-morrow, attended with the Sheriffs and Justices, and
shall take care to put them forward in the Assembly, that these
Provinces may be serviceable in the supply of naval stores.
The Articles against Connecticott and Road Island I have had in
my hands but a week, and this conveyance is but uncertain and
ready to depart, that I cannot possible proceed to the obtaining
proofs to those Articles without a longer time, but shall be diligent
therein, and they may proceed from hence by the first opportunity
after two or three months. However, the last conveyance I sent
the copies of the Articles to the two Governours of those Colonies,
and acquainted them they came to me under cover from your
Lordships, the letters commanding me to see that they were safely
presented to them, only I observed they were not signed by any
Secretary or Clerk, as is usual, whether it be a mistake I cannot
tell, but I did not observe it to those Governours, but laboured to
supply it by certifying as above. The next day after the receipt
of the Commission for the tryal of pirates, I publish'd it in the
proper Court, and it is of record in the Offices, and I then discharged the remaining pirates, and they are very sensible of
H.M. grace and favour to them, and I shall proceed at all times
by the said Commission as I ought. I have suffered no losse
by the enemy these last ten months, notwithstanding the French
and Indians shew themselves in small parties everywhere upon
the frontiers, to see if we keep good guards, and like thieves,
now and then, to steal a few cattle or horses, which keeps me
alwaies upon an alarm, and ten large villages in close guard and
garrison upon the length of the frontiers, from Deerfield to Wells.
Sometime in the winter I sent a messenger upon snow shoes to
Quebeck, his errand was to procure an exchange of prisoners,
but more to observe their posture, which is very indigent and
necessitous, no money nor subsistence nor cloaths for the garrison
of Quebeck or Mont Reall, which were happily taken upon the
coast of England last year, and Capt. Stukely acquaints me that
the Quebeck storeship is again taken some months since. If it
should be so, that countrey will be brought to the last distress,
and might easily be reduced with the assistance of ships of war
from H.M., and men of this Province. I am now for the summer
quarter reduced to 650 men, 3/7 of which ought in proportion to
be born by Connecticott and Road Island, but from Road Island
I am worse since H.M. commands than before. I had from thence
once for three months 50 volunteers in my Port Royall expedition
about 18 months since, but since H.M. letter commanding their
assistance, I have had not one man, nor penny but a letter offering
to give H.M. command of this Province to Commissioners, and I
know not what, to consult and order. I have enclosed the letter
and answer that your Lordships may see the temper of that
people, as also a copy of an Act of the Assembly in defiance of the
powers of Vice-Admiralty, agreeable to their first Resolution, to
lose all together. From Connecticott I have a running assistance
into West Hampshire, which is their Frontier, but with this disadvantage, that they will not come without I give them all their
subsistence, not will let me know how long they will stay, nor
be under any command but their own, but for the Eastern war,
where the seat of the enemy is, in the Province of Maine, I have had
not one file of Englishmen since the war began, but from Uncas
and his tribe I had for some months a service of 100 men, whom
I armed and subsisted every day of their service, and trusted
them with cloaths upon the hope that Connecticott would pay
it out of their wages, but could never obtain anything. The last
Session of the Assembly in May the Assembly chose Mr. Thomas
Oakes, whom I had formerly refused to be of the Councill, Speaker
of the House of Representatives, and sent up to acquaint me of
that Election. I gave them notice that I did not accept of him
for a Speaker, and in right of H.M. prerogative and the direction
of the Charter I had power so to do, to give the negative to all
elections in the Assembly, as is plain, if your Lordships please
to peruse that clause, wherein the choice of Councellors and all
elections is in H.M. power to refuse, and has been done by me
referring to Councellors severall times without dispute; however,
the Councill, upon the debate, every man except one delivered
their opinion that I had not the power by the Charter to refuse
the Speaker, whereupon to save the Session, who were to raise
22,000l. by order of the Assembly last sitting, I allowed him for
fear of the loss of the tax, saving to H.M. her prerogative, the
papers are inclosed. I had good reason to refuse the said Speaker,
who is a known Comon-Wealth's man, never quiet, nor satisfied
with the Government, but particularly so very poor, that some
time since he begg'd off his tax to the Government upon the
head of poverty, and had it granted to him. I humbly pray your
Lordships' advice and direction upon the matter, after which
I shall strictly govern myself, as I shall do in the establishment
of the Castle, when I may have your Lordships' answer. In
obedience to H.M. commands referring to Coll. Allin's estate in
New Hampshire, I repaired thither in May last. I neglected no
opportunity nor means to serve Coll. Allen, and shall do the same
for the son, when I shall see him here. I enclose a copy of the
Assemblies offer, and have given Mr. Blathwaite [May 9] my
estimate of it, not being willing to trouble your Lordships with
the particulars thereof. I formerly acquainted your Lordships
that notwithstanding H.M. strict commands to the Governor
of Road Island not to intermeddle with the businesse of the
Admiralty, Mr. Cranston had given Commission to one Halsey
in the Charles galley, who lately arrived at Road Island with
a Spanish prize, and while Col. Byfeild the Judge was considering
and advising with the Judge of the Admiralty of New York
and with me, the Assembly of that Province made an Act and
Declaration of their power to give Commissions for the seas,
expressly contrary to H.M. aforesaid letter, and were resolved
to proceed to condemn the said ship, without the Judge. And
herein I am doubtfull they were encouraged by Mr. John
Coleman, who is H.R.H. Agent for the tenths. I inclose a copy
of his letter, wherein are these words, that Col. Byfeild, I find,
is gone to Boston, if he doth not return speedily, I hope I shall
have her condemned before he returns. Mr. Coleman is a merchant
in good business here, and I hope is very carefull of the Prince's
rights, but for himself and his brother, Col. Hobby, he has the
greatest interest in that galley, and obtained the Commission
from Cranston, and after when he saw that the Judge would not
proceed upon that Commission he signed the petition to myself
inclosed, confessing Cranston had no power so to do. And in
another case, of a prize taken by Capt. Morrisse, he bought that
to his own use. I am humbly of opinion that it is not the Prince's
interest or benefit to have any Officers here in the Government,
or receipt of his rights, owners or purchasers of prizes, lest the
value be thereby lowered, upon the same reason as the Commissioners of the Customes will not allow their Collectors or Receivers
to trade for any thing, lest they be tempted to a fraud; and it is
certainly very easy for a gentleman in the figure of a Receiver
to H.R.H. to influence the appraisement, and as easily moved
to it when he is the purchaser. I thought it my duty to lay
the matter humbly before your Lordships, though I have nothing
personally to charge Mr. Coleman with of any neglect, but when
he saies in his letter the Prince's interest was bleeding, there
was no danger of the Prince's tenths but of Mr. Coleman's own
halfe or thereabouts, which was also brought to passe by taking
a Commission, without power, when if they had stayed for H.M.
Instructions for the new regulation of privateers, they might
have had it of me, as I told them at that time, and everybody
else, had the manners to stay till that Instruction came. I
have examined the Post-office in Boston, referring to my Lord
Cornbury's letters, and the Master here has thereupon written
to the Post-master at York, and they both affirm to me, they
never had charge of any letters to my Lord Cornbury, that were
not carefully delivered, and if at the time of any failure of that
sort, my Lord had been pleased to have written to me thereupon,
it might have been easily discovered, but I never heard of it,
but in your Lordships' letter, and the officers pretend ignorance,
and that at York, which reaches halfe way between us, and who
alwaies delivers the letters there, is first chargeable. I am of
opinion humbly that that office is not well in the assignes of
Mr. Neale, but should be disposed imediately by H.M., and put
under the care of H.M. Governour or other substitutes, and all
things in it would be well. I am taking care to obey your
Lordships' commands referring to the annuall births in this
Province, and have commanded the Sheriffes of every County
to require the Clerks of every town and precinct to give them
the number of males and females distinctly that have been born
the last year, which will be obtained with some difficulty, the
officers in towns being lesse capable. I have pursued the affair
of the weight of money in obedience to H.M. most gracious commands, and that matter is thus. Seven years since there was
a law of this Province, allowed of by the late King, that all pieces
of eight of 17 dwt. should pass for 6s., and pretty well observed,
so that I thought I had little to do, only in obedience to H.M.
Proclamation to adde the ½d., and accordingly at the next
imediate Session, the General Assembly agreed to the publication
of H.M. Orders, and their own affirmance of it in this Province,
unto the next General Assembly which sate in May last, where
I expected and accordingly directed in my Speech, whereof
a copy is inclosed, that they would proceed to inforce H.M.
commands by adding just and severe penalties to any
hereafter offering clipt money, or other light money by
tale, but could not obtain so much as a Committee upon that
affair, till I would leave out the word penalties, whereby I perceived plainly the Representatives' minds were altered, which
they soon further declared in sending up their vote to pay the
tax of 22,000l., in silver at 8s. the oz., which is scarce 15 dwt.
for 6s., and this they insisted upon for five weeks sitting, but
I would not accept it so, and refused their votes peremptorily,
and have gotten the tax upon the old usage of 17 dwt., but nothing
at all done to inforce the Proclamation, nor any penalty, and
thereby the countrey will be imboldened to use their late way
of payment at 15 dwt., though I shall take care that the Courts
and officers of receipt keep steady and allow of no legall payment
but of due weight. I expected from Capt. Hincks (who I found
at my arrivall Captain of the Fort at New-Castle in Piscataqua
River, as well as first of the Councill and Chief Judge of the
Superiour Court) an account of the past expence of powder etc.,
but he is gone lately to Barbadoes, without giving me any notice
of his departure, contrary to the duty of his station in H.M.
service. I humbly offer Mr. Richard Waldron, Lt. Col.
Winthrop Hilton and Major John Smith to be admitted of H.M.
Councill, if it shall please H.M. They are persons of loyalty
and estate. Signed, J. Dudley. Endorsed, Recd. Oct. 31,
Read Dec. 18, 1705. 12 pp. Enclosed, |
|
1274. i. Account of the guns, placed and wanting, in the Forts
of New England. Boston, April 29, 1704. Signed,
Wolfgang W. Romer. Endorsed, Recd. Oct. 31, 1705.
1 large p. |
|
1274. ii. Account of stores in H.M. Castle on Castle Island.
July 28, 1705. Same endorsement. 1 p. |
|
1274. iii. Account of small arms and gunpowder in the
Massachusetts Bay. July 30, 1705. 496 arms.
26 barrels, 40 ordered in June last. Same endorsement. ¾ p. |
|
1274. iv. Account of gold and silver piratically taken by
Quelch etc, and now lodged in the hands of the Treasurer.
879 odd oz. of gold. 90 oz. silver. Signed, Isa.
Addington, Paul Dudley, Jeremiah Allen pro James
Taylor, Treasurer, Commissioners. Same endorsement. 3 pp. |
|
1274. v. Account of payments (366l. 12s. 4d.), to defray charges,
made out of preceding stock. Due 49l. Signed, Isa.
Addington. Same endorsement. 3 pp. |
|
1274. vi. Speech by Governor Dudley to the Assembly,
May 30, 1705. See Letter above, and Minutes of Council
and Assembly. Same endorsement. 1½ pp. |
|
1274. vii. Minutes of Council in Assembly of the Massachusetts
Bay, June 1 and 7, 1705. Same endorsement. 1 p. |
|
1274. viii. Governor Dudley's Proclamation. Boston, March 3,
1704(5). No money shall pass by tale but what is of
due weight according to H.M. proclamation and the
laws of this Province. All light money shall pass by
the ounce Troy pro rato until the end of the Session
of this Court in May next, when further consideration
shall be had thereof, etc. Signed, J. Dudley. By
order of the Governor, Council and Assembly. Same
endorsement. Printed. 1 p. |
|
1274. ix. Minutes of Council and Assembly of the Massachusetts
Bay. May 30, 31, 1705. Same endorsement. 3 pp. |
|
1274. x. Proclamation by Governor Dudley, Boston, July 3,
1704, for opening the trade with Spain in America.
Signed, J. Dudley. Printed. Same endorsement. 1 p. |
|
1274. xi. Governor and Assembly of Rhode Island and Providence Plantations, to Governor Dudley. Newport,
Dec. 28, 1704. Acknowledge H.M. letter of March 30
and the request of the Governor and Assembly of the
Massachusetts Bay for assistance against the French
and Indians. As to H.M. commands for assisting your
frontiers, we have not been anyways remiss, but on all
occasions ye summer past we have to ye best of our
power been ready to give all assistance, (we judging
ourselves to be bound as H.M. subjects to give our
assistance to all four neighbouring Colonies) neither
shall we be wanting for ye future, altho' we cannot
give that account as we expected, for ye season of ye
year being so violent yt great part of ye Representatives
from ye mainland could not be present, neither altogether
ye number of ye listed souldiers produced, and for
ye further care thereof ye Assembly is adjourned until
Feb. 14. It is not unknown yt. we also are a frontier
on ye sea, and have allways a number of men in actuall
service and pay, and if by ye next sitting of our
Assembly we knew but ye number of ye listed souldiers,
we doubt not but our Assembly will readily order a
full number and proportion on all actual service.
Signed, By Order, West. Clark, secry. Same endorsement. 1 p. |
|
1274. xii. Governor Cranston to Governor Dudley. Newport,
Feb. 28, 1704/5. I have once more laid H.M. letter
as well as your Excellency's (relating ye assistance of
men etc.) before ye General Assembly sitting ye 14th
currant, who have ordered ye raising of one company
of men to ye number of 48 to be allways ready for ye
Colony's service, and, if occasion require, for ye assistance
of our neighbouring Colonies. The Assembly have
appointed Major John Dexter, Major Nathl. Coddington,
and Capt. Joseph Sheffield, or any two of them,
Commissioners to treat with the like number of
Commissioners that may be appointed by your Excellency,
for settling how the respective forces sent to ye assistance
of each Government shall be supported, supplyed and
disposed of. The Assembly desire you to appoint such
Commissioners with full powers to settle these and
other points etc. Signed, Samll. Cranston. Copy. 1 p. |
|
1274. xiii. Governor Dudley's answer to preceding. March 8,
1704/5. I am very unhappy to find H.M. commands
and my own endeavours to end in a projection of Commissions for I cannot tell what. I am here H.M. Capt.
Genll. and I doe neither incline nor dare to give away
H.M. authority etc. I know no such officers nor figure
of men as you intimate, to tell me what to do. If I
may expect any number of men, I pray to be so told,
and I intend at present to keep them as a scout from
Marlborough to Oxford, which will cover all ye side
of ye country. I am setting all ye frontier into a posture
for ye summer, and pray your answer. Signed,
J. Dudley. Endorsed, Recd. Oct. 31, 1705. Copy. 1 p. |
|
1274. xiv. Memorandum of No. 1275. |
|
1274. xv. Petition of Col. Paige and others, owners of the
briganteen Charles, Capt. John Halsey, to Governor
Dudley. Boston, June 23, 1705. The above privateer,
commissioned by the Governor of Rhode Island, took
a Spanish prize and brought her in there. Petitioners
now understand by the Judge of the High Court of
Admiralty in these parts that the said Governor had
no power to grant such a commission, the Vice-Admiralty
being wholly vested in your Excellency. Pray for
the benefit of their prize, nevertheless, and a new Commission. Signed, Nicho. Paige, for himself and John
Coleman, Benj. Gallop, John Walker [? Wocker].
Same endorsement. 1¾ pp. |
|
1274. xvi. John Colman to [? Governor Dudley] Newport,
June 17, 1705. The Judge of the Admiralty defers
giving sentence against the Charles prize, for want
of 5 p.c. or 200l., wch. tho' I think unreasonable yet
have advised the Capt. to give it, provided he will give
bond to repay wt. it appears to be more than ye stated
fees in England. Col. Byfield is gone to Boston, if he
doth not return speedily, I hope shall have her condemned
before he return., …The Lord High Admiral's
interest lyes bleeding here for want of doing his duty etc.
Signed, John Colman. Same endorsement. Copy. 1 p. |
|
1274. xvii. List of ships paying powder-duty at New Hampshire, Aug. 1699—Oct. 1703. Total, 53. Signed,
Sampson Sheafe, Depty. Collector. Newcastle, Custom
house, Oct. 5, 1703. Same endorsement. Copy. 1 p. |
|
1274. xviii. Minutes of Council and Assembly of New Hampshire, Dec. 1703 and March 20, 1704. See C.S.P. 1703,
No. 1365. Capt. Eason excused part of the powder
duty. Same endorsement. 2½ pp. |
|
1274. xix. Copy of the offer of the inhabitants and terre-tenants
of New Hampshire to Samuel Allen. Portsmouth,
May 3, 1705. Analysed by Governor Dudley in his
letter of May 9 q.v. Signed, by the Representatives
and Commissioners:—John Pickerin, Samuel Keas,
Samuel Levitt, Samuel Thing, Thomas Robie, Nathl.
Hill, Willm. Cotton, Willm. Wallis, William Furbur,
William Stacy, Gershom Elkins, Samll. Shaw, William
Partridge, Richard Waldron, Tho. Phipps, Jno. Tuttle,
Kinsley Hall, Theophilus Dudley, John Stanyan,
Theodore Atkinson, Samuel Dow, John Brackit, Thomas
Philbrick, Jona. Saxburn. Same endorsement. 3 pp. |
|
1274. xx. Account of stores in H.M. Fort William and Mary,
Newcastle, July 27, 1705. 18 barrels of powder etc.
Signed, Saml. Penhallow, Sha. Walton, Capt. Same
endorsement. ¾ p. |
|
1274. xxi. Copy of two Acts of New Hampshire, 1702, 1705,
relating to the powder duty. Same endorsement. 2 pp.
[C.O. 5, 863. Nos. 140, 140.i–xxi; and (without enclosures) 5, 912. pp. 32–55.] |
| July 25. |
1275. Copy of Declaration of Assembly of Rhode Island,
Newport, June 19, 1705, upon the case of Capt. Halsey, that their
Governors "have had, and still have power and authority to grant
commissions to privateers, provided they take bond, and do all
other things as the Law directs." Subscribed, This I received
from Col. Byfield. Signed, J. Dudley. Endorsed, Recd. Oct. 31,
Read Dec. 18, 1705. 1¼ pp. [C.O. 5, 1263. No. 55.] |
July 25.
Boston. |
1276. Governor Dudley to [? Sir C. Hedges.] Repeats part
of preceding letter. Refers to Col. Byfield's letters [see preceding
and July 10 and 19]. Continues:—The Privateers and others
bringing in prizes to these Ports complain that the fees of the
Court of Admiralty are not set and determined, for which I have
no authority, but humbly refer myself to your[s] Honour's
direction. For all the other Plantations of Jamaica, Barbadoes,
Virginia etc., somewhere between 10 and 13 p.c. hath been alwaies
taken for the Judge, Register, Marshall, Advocate, Proctor, etc.
I have not allowed this Court to go beyond 5 p.c. for all these
officers, which yet doth not please, but the Government of York
have lately given their Judge and other officers a good salary
and taken away all fees, to invite all Captors of Prizes into their
Ports, which this Province will not be brought to, for their
Governour, nor any officer whatsoever, notwithstanding H.M.
strict commands therein. If your Honour would please to direct
or intimate to me, what fees should be taken, every officer of
that Court, who indeed are the best men I have in H.M. service
here, will absolutely obey your Honour's direction. The
condemnation often demands a great travell of 100 miles for the
Judge and officers, and the 5 p.c. is little more than ⅓d of what
is taken elsewhere, but the People here are seldom satisfied in
anything in the Government, especially where H.M. officers
of Her own appointment sit. I have in obedience to H.M. command discharged the remaining Pirates; I hope they will be
serviceable on board the Deptford, I have also covered an
account to the Board of their treasure etc. (Nos. iv, v. supra.)
I have humbly set down 5 p.c. for my drudgery in that affair etc.
I pray that I may be remembered in the division to assist my
support in the Government, having yet no establishment of
any salary. I pray your Honor's favour to mee in the service
of these Provinces, who are so very hardly kept steady to H.M.
service and obedience to their duty in the Acts of Trade and
what els do's not concern their own immediate benefit. Signed,
J. Dudley. Endorsed, R. Dec. 1. 4 pp. [C.O. 5, 751. Nos.
71; and (duplicate) 72.] |
July 25.
Virginia Kiquotan. |
1277. Governor Nicholson to the Council of Trade and
Plantations. This is designed God willing by Honble Col. Robert
Quary with whom I presume to send your Lordships the box
wherein are the severall Journalls. Refers to letters sent by the
Eagle gally. I should have endeavoured to have given a full
account of affairs by this opportunity: but on 22nd instant
came to me the Master of a small vessell, who gave me an account
that he left our Fleet about six weeks before, going into Fyal,
and that on board H.M.S. Kingston was a Lieut. Governor for
this country, by which I suppose H.M. hath been pleased to
order me for England: so I intend God willing to embark on
board one of the men of war that are coming in (for I hear they
are not to stay here above 30 days) and when please God I come
to London I shall do myself the honour of paying my duty to
your Lordships, and shall then endeavour to give your Lordships
a just and full account etc., and bring duplicates of what is wanting.
Transmits copys of Mr. Beverly's letters, papers etc. for I find
they are not in the Journal of the House of Burgesses, I can say
a great deal on this subject, how prejudicial such things may
be to H.M. interest and service, as likewise to the inhabitants
here etc., but for the reasons aforesaid shall not now trouble
your Lordships with them, and Col. Quary will I suppose say
something to your Lordships concerning it on his own account etc.
Encloses a Bill of Exchange for the Sollicitor of the Virginia
affairs. I desire your Lordships will be pleased to dispose of
it as you think proper, for I have not appointed any person.
Last October I sign'd a warrant on Col. Byrd for paying the
preceeding half year's sallary to Mr. Thraile, not knowing that
he was dead; but how Mr. Auditor Byrd paid it I know not.
Encloses accot. of the 2s. per hogshd. of this date, by which your
Lordships may please to see the state of the Revenue. I would
not presume to take my own sallary, but if your Lordships please,
I think an order to Mr. Micajah Perry to transfer it to my account
(he being my correspondent) may be sufficient etc. My successor
will find a considerable Bank of H.M. money both of the Quittrents and 2s. per hogshd., besides above half of this year's crop
left behind, and I hope in God to deliver up the Government in peace, tho' far from being in quietness etc. Signed,
Fr. Nicholson. Endorsed, Recd. 8th, Read Oct. 12th. 1705. 2 pp.
Enclosed, |
|
1277. i. Assembly of Virginia to the Queen. Repeat profession
of loyalty. "Our education hath been in the Church
of England as by Law established, in the protection
whereof your Majesty has upon all occasions shewn
yourself an eminent instrument, and our hearts according
to the principles of that Church (which is the best
constituted in the world) have always been full of
Loyalty to the Monarchicall Government of England,
and that as much out of inclination as duty. We have
never been guilty of endeavouring to make any
encroachments upon your Majesty's rights and prerogatives; or to arrogate to ourselves any greater liberties
and priviledges than your Majesty and your royal
predecessors have been graciously pleased to allow us.
Yet, nevertheless, to our great grief we are made sensible
that Col. Robert Quary of Pennsylvania hath taken
upon himself to make a very untrue Representation
to the Council of Trade and Plantations, wherein, after
many unjust reflections, he adds that "now or never
is the onely time to maintaine the Queen's just prerogative and put a stop to these wrong, pernicious
notions which are improving daily, not only in Virginia,
but in H.M. other Governments, a Frown now from
H.M. will do more than perhaps an army hereafter."
Whereby as we concieve he falsely insinuates that nothing
less than your Majesty's displeasure backed with an
armed force will be sufficient to restrain us from disobedience to your Majesty's Government. It is possible
that many other such misrepresentations may be made
to our prejudice, but our poverty (as it happens to
your Majesty's other poor subjects) makes us to have
but few friends, so yt. it is difficult for us to come to
the knowledge of them, and therefore it is impossible
for us to vindicate ourselves from all those aspersions
that may be cast upon us. We are very sensibly afflicted
that it is not in our power to make more evident demonstrations of our Loyalty than by our words. But
since we have allways shewed a firm adherence to the
Crown of England, and a more than ordinary Zeal and
affection for your most sacred Majesty's person and
government, we humbly hope that your Majesty will
be graciously pleased to believe the truth and sincerity
of these our Professions. Further protestations of
loyalty. Signed, Peter Beverly, Speaker, Wm.
Randolph, Francis Eply, Wm. Harrison, Robt. Bolling,
Nath. Harrison, Wm. Edwards, Edward Hill, Tho.
Ballard, Ar. Smith, Tho. Giles, Danl. Sulivan, James
Willson, Edwd. Moseley, Adam Thorowgood, Nicholas
Curle, Wm. Armstead, Hen. Jenkyns, Miles Cary,
Robert Hubbard, Tho. Barbar, George Marable,
John Forster, Jno. Harrison jr., James Moss, John West,
Thos. West, Wm. Bird, John Walker, James Ransone,
W. Churchill, Richard Covington, James Boughan,
Cha. Ashton, Henry Ashton, Rice Wood, Benja.
Nottingham, Wm. Ball, John Turbervile, Wm. Robinson,
Richd. Hayme, Richard Fassaker [? Fossaker], Tully
Robinson, Ri. Drummond, Jacob Johnson, Drury
Stitch. [May 10, 1705.] Endorsed, Recd. Oct. 8,
1705. 5½ pp. |
|
1277. ii. Copies of Proclamations by Governor Nicholson.
Duplicate of No. 921.ii, with addition of Proclamation
proroguing the Assembly to Oct. 3. July 16, 1705.
Endorsed as preceding. 11 pp. |
|
1277. iii. Account of the Revenue of 2s. per hhd. April 25—July 20, 1705. (1,918l. 18s. 7d.), and of the salary
due to Col. Nicholson. Same endorsement. 2 pp. |
|
1277. iv. Copies of Robert Beverley's letters, including abstract
of Col. Quary's Report, July 20, 1703, etc. sent to the
Assembly of Virginia, with their proceedings thereon
and Address to H.M. as No. 1277.i. April, May, 1705.
Same endorsement. 22¼ pp. |
|
1277. v. Account of Tythables in the several Counties of
Virginia and the quantity of tobacco levied on them
by the Assembly, April, 1705. Totals, 27,053. Tobacco,
196,147 (?lb). Endorsed, Recd. 8th, Read Oct. 12th,
1705. 1 p. |
|
1277. vi. Abstract from the reports of the Committee of Public
Claims, April, 1705. Endorsed, Recd. Oct. 8,1705. 1¼ pp. |
|
1277. vii. Account of the payments ordered by the Assembly
of Virginia, April, 1705. Endorsed as preceding. ½ p. |
|
1277. viii. Copy of the Rent-rolls of all the lands held of H.M.
in the several Counties of Virginia, 1704. Same endorsement. 62 large pp. double columns. |
|
1277. ix. Account of H.M. Quit-Rents, 1704. (2s. per 100
acres.) Total, 1,841l. 1s. 6¾d. Same endorsement. 2 pp. |
|
1277. x. List of patents for land signed May, 1705. 59 grants
of from 50 to 4,900 acres each. Same endorsement. 2 pp. |
|
1277. xi. Account of H.M. Revenue of 2s. per hhd. Oct. 25,
1704—April 25, 1705. Total, 303l. 19s. 10½d. Same
endorsement. 2 pp. |
|
1277. xii. Accounts of Col. Carter, late Treasurer, 1704. Passed
the Council and Assembly, May, 1705. Same endorsement. 2 pp. |
|
1277. xiii–xv. Accounts of Peter Beverly, Treasurer, of the
impositions on liquors, servants, and slaves to May,
1705. Same endorsement. 6 pp. |
|
1277. xvi. Proceedings of the Governor and Council of Virginia
relating to H.M.S. Strombolo, and H.M.S. Hastings,
and Oxford, and the fleet bound out under their convoy.
April–July, 1705. Same endorsement. 15 pp. |
|
1277. xvii. Copy of Reply of the Several Vestries in Virginia
to Col. Nicholson's Orders with Sir E. Northey's Opinion
concerning induction and maintenance of Ministers etc.
Same endorsement. 36½ pp. |
|
1277. xviii. Abstract of Naval Officers' Lists of ships' cargos
cleared outward from Virginia, May, 1704—July 22,
1705. Endorsed, Recd. 8th, Read Oct. 12th, 1705. ¾ p.
[C.O. 5, 1314. Nos. 63, 63.i–xviii.; and (without
enclosures) 5, 1361. pp. 360–368; and (duplicates of
Nos. v.–vii.) 5, 1340. Nos. 11–13.] |
July 26.
Whitehall. |
1278. W. Popple, jr., to Mr. Penn. Encloses following, |
|
1278. i. Objections made by the Council of Trade and Plantations upon the Acts of Pennsylvania. (1) Act against
menacing and assault and battery. The wording
and penalty are too general. (2) Act against sedition.
Instead of the words sedition and disaffection to this
Government, ought to have been "against H.M. or this
H.M. Government," for there cannot be any sedition but
against H.M. (3) The Act of priviledges to a free man
ordains that no freeman shall be tried etc. but by 12 equals
or by the Laws of this Province, which interferes with the
Act for preventing frauds etc. 7 and 8 Wm. III. (4) An
Act for the names of days and months. Every man may call
the days and months as he pleases; this Act is insignificant and not fit to be laid before H.M. (5) In the
Act to regulate Elections, Advertizements for Elections
are to be posted … upon the Court Houses and
publick meeting houses: it ought to have been, Churches,
Chapples and public meeting houses. (6) An Act
directing the attests of officers etc. If the Government
be surrendered to H.M., this Act ought not to be confirmed, because Judges etc. are hereby required to
promise fidelity to the Proprietary. Besides, none
of the officers mentioned are obliged to take an oath
for the due execution of their places, but only to make
an attestation, which we think not sufficient. The
words Master of the Rolls are not used in any other of
H.M. Plantations, and is peculiar to H.M. Officer in
Chancery here. (7) An Act for the preservation of the
person of the Proprietary and Governour, we think not
proper to be laid belore H.M., the Proprietary and
Governour having already the same protection by law
as other H.M. subjects. (8) An Act against speaking
in derogation of Courts is worded too generally and
liable to arbitrary constructions. (9) An Act requiring
all masters of ships to report at Newcastle, establishes
that town as a Port, whereas the power of settling
ports is by Act of Parliament vested in the Commissioners of Customs etc. Besides, if the Government
be surrendered, this Act must not be confirmed, because
part of the penalties herein are appropriated to the
Proprietary. (10) An Act for the levying of fines cannot
be confirmed for the same reason. (11) Act against
scolding. The words if any person shall be clamorous
with their tongue are too generall, and the penalty of
standing gagged in some publick place or five dayes
imprisonment at hard labour is too great. It is not
said how long the persons shall stand gagged. (12) An
Act to prevent the sale of ill-tanned leather and working the
same into shoes and boots. It cannot be expected that
encouragement should be given by Law to the making
any manufacturys made in England in the Plantations,
it being against the advantage of England. (13) An
Act that no public house or inn within this Government
be kept without licence. If the Government be surrendered, this cannot be confirmed, because the lycenses
are to be granted by the Proprietary etc. (14) An Act
against Pirates cannot be confirmed because a late
Act of Parliament has provided for these cases and
commissions issued by H.M. accordingly. (15) An Act
for erecting a bridge over the creek at Chester. The first
enacting clause begins "Be it enacted by the authority
aforesaid," whereas there is only the Governor and
Councill mentioned before. (16) The Law about tryalls
by 12 men interferes with the Act for preventing frauds.
(17) The Act against swine running at large cannot
be confirmed if the Government be surrendered, because
the forfeitures are to the Proprietary. (18) We observe
besides the above particular objections upon all the
Pennsylvania Acts in general, that in most of them it
is said Counties or Territories annexed, whereas we
know of none anex'd. H.M. reign or the year of her
reign are not mentioned. (19) In all the Acts it is said,
This Government, whereas it ought to have been This
H.M. Government. The stile of enacting in all the
Acts to be redressed. 5½ pp. [C.O. 5, 1291. pp. 193–202; and (enclosure only) 5, 1263. No. 29.] |
July 27.
Whitehall. |
1279. W. Popple, jr., to Mr. Attorney and Mr. Solicitor General
The Council of Trade and Plantations desire your opinion in
point of law upon the enclosed Act of Nevis, to settle the estate
of Capt. Thomas Butler, etc. [C.O. 153, 9. p. 240.] |
July 27.
Whitehall. |
1280. W. Popple to Mr. Lewis. Encloses copy of Governor
Dudley's letter with Lt. Moody's, April 20th, to be presented
to Mr. Secretary Harley. [C.O. 195, 4. p. 55.] |
July 27.
St. Christophers. |
1281. Lt. Governor Johnson to the Council of Trade and
Plantations. Repeats letter of July 4. Concludes: I assure
your Lordships the Councill of this Island are all very good men
and much for H.M. service and their own security for the erecting
fortifications or repairing old ones. But I am more plagued
with four or five ill Members in the Assembly than I am with
all the rest of the Islands, who out of malice by reason I would
not pass such laws as tend to the prejudice of H.M. Prerogative,
have ungratefully turned the soldiers out of that poore and
indifferent quarters that they formerly granted them into the
open field, where both officers and soldiers are forced to build
themselves hutts for their cover. A copy of their unreasonable
Bill, as likewise the Minuitts of theire owne Assembly I shall
send your Lordshipps per next, as alsoe the Laws of all the other
Islands, with all other orders as your Lordships have commanded
me to send with all due obedience. Signed, Jon. Johnson. 3 pp.
[C.O. 152, 6. No. 28; and 153, 9. p. 277.] |
July 28.
Whitehall. |
1282. W. Popple, jr., to Governor Nott. H.M. having been
pleased to issue her Royal Proclamation for a Thanksgiving
for a Victory obtained by H.M. arms over the French in the
Spanish Netherlands, encloses same that you may appoint a
Day accordingly. Upon receipt of the new Seal [May 8] you
are to cause the old Seal to be broken before you in Councill
and transmitted to this Board so broken to be laid before H.M.
in Councill as usual. [C.O. 5, 1361. pp. 358, 359.] |
July 28.
Whitehall. |
1283. William Popple to Governor Handasyd. Instructions
for a Day of Thanksgiving as in preceding. [C.O. 138, 11. p. 400.] |
July 28.
Whitehall. |
1284. W. Popple, jr., to Lt. Governor Bennett. Similar
Instructions for a Day of Thanksgiving. [C.O. 38, 6. pp. 126,
127.] |
July 28.
Whitehall. |
1285. W. Popple, jr., to Lt. Governor Johnson. Similar
Instructions for a Day of Thanksgiving. [C.O. 153, 9. p. 241.] |
July 28.
Whitehall. |
1286. Similar Instructions for a Day of Thanksgiving to
the Governor and Company of Rhode Island. [C.O. 5, 1291.
pp. 202, 203.] |
July 28.
Whitehall. |
1287. Similar Instructions, mutatis mutandis, to Governor
Sir B. Granville. [C.O. 29, 9. p. 357.] |
July 28.
Whitehall. |
1288. Similar Instructions, mutatis mutandis, for a Day of
Thanksgiving and breaking the old seal etc., to Governor Lord
Cornbury. [C.O. 5, 1120. pp. 336–338.] |
July 28.
Whitehall. |
1289. Similar Instructions to Governor Seymour. [C.O.
5, 726. p. 312.] |
July 28.
Whitehall. |
1290. W. Popple, jr., to Governor Dudley. Acknowledges
letters of March 10 and 22 and May 8, and March 7. Answer
will be returned by the next shipping. Communicates H.M.
Proclamation for a thanksgiving in both his Governments as
preceding, and instructions for breaking and transmitting seals.
[C.O. 5, 911. pp. 471, 472.] |
July 28.
Whitehall. |
1291. W. Popple, jr., to Sir Edward Northey and Sir Simon
Harecourt. Encloses Order in Council, July 20. [C.O. 29, 9.
p. 356.] |
July 28.
Bermuda. |
1292. E. Jones to the Council of Trade and Plantations.
I humbly acknowledge your Lordships' condescending goodness
in not giving full credit to unfriendly informations [See May 3],
etc., being so far from truth that from the day of my return to
these Island I have studied nothing with more eager zeal than
to expunge all former differences by an unfeigned humility and
respect to H.E. and a ready obedience to all his commands,
and (as I well hoped) obtayn'd H.E. generous promise to comply
with H.M. Order in Council and a perfect reconciliation. But
I soon found my longing expectation frustrated. The taking
off my suspension occasioned matter of debate and articles de
novo secretly drawn up agst. me. The records of the Secretary's
office (or at least the most usefull part of them) were and still
are kept from me. The arrears of rent of the Sheriffe or Provost
Marshall and Secretary's lands are received and paid to H.E.
the Governor by his own order, and still kept back by him and
unaccounted for etc. I beseech your Lordships to suspend any
further proceedings, till a Commission (which I humbly crave)
may be sent hither to 4 or more indifferent persons jointly elected
to search records, examine witnesses, and do what else may be
necessary to the discovery of the truth and report the same.
Your Lordships will then readily conclude I have acted nothing
materially contrary to the known duty of my offices, or against
H.E. in particular that could admit of such riguorous prosecutions, which I conceive are very unaturall, if not beyond
example. etc. etc. Signed, Ed. Jones. Endorsed, Recd.
Nov. 13, Read March 4, 1705. 2 pp. [C.O. 37, 7. No. 21;
and 38, 6. pp. 159–161.] |
July 29.
Windsor. |
1293. The Queen to Governor Sir B. Granville. As July 20
q.v. Countersigned, Ro. Harley. [C.O. 324, 30. pp. 34, 35.] |
July 29.
Windsor. |
1294. The Queen to Governor Sir B. Granville. The High
Court of Admiralty having reversed the judgment of the ViceAdmiralty Court of Barbados, and ordered the Charles II to
be restored to Manuel Manasses Gilligan and Company, you are
to see the said ship and her lading, or proceed thereof, restored
accordingly. Countersigned, Ro. Harley. [C.O. 324, 30. p. 36.] |
