|
June 26.
Kensington. |
1581. Two Orders of Queen in Council. The Governor of
Jamaica is to be instructed in the matter of escheats as proposed
in Representation of June 15, q.v. Signed, John Povey.
Endorsed, Recd. Read July 13 and 30, 1708. 2¾ pp. [C.O.
137, 8. Nos. 11, 13; and 138, 12. pp. 294–296 and 300, 301.] |
June 26.
Kensington. |
1582. Order of Queen in Council. Confirming 2 Acts of
Jamaica to prevent slaves being evidence against (1) Manuel
Bartholomew, a free negro, (2) John Williams, a free negro.
Signed, John Povey. Endorsed, Recd. 15th, Read 17th Jan.,
1708/9. 1¾ pp. [C.O. 137, 8. No. 26; and 138, 12. pp. 353,
354.] |
June 26.
Kensington. |
1583. Order of Queen in Council. The Representation of
June 22, relating to a Regiment for Barbados, is to be put into
the hands of the Earl of Sunderland for H.M. pleasure therein.
Signed, John Povey. Endorsed, Recd. Read July 6, 1708. ¾ p.
[C.O. 28, 11. No. 10; and 29, 11. p. 271.] |
June 26.
Kensington. |
1584. Order of Queen in Council. Approving Representation of June 2 as to the Dep. Governor of Pennsylvania, and
ordering accordingly. Signed, John Povey. Endorsed, Recd.
Read June 30, 1708. 1¼ pp. [C.O. 5, 1264. No. 47; and
5, 1292. p. 59.] |
June 26.
Kensington. |
1585. Order of Queen in Council. Confirming, in accordance with Representation of July 29th, 1707, Act of New York
for vacating extravagant grants, etc., and repealing Act repealing
this and other Acts. Signed, John Povey. Endorsed, Recd.
Read July 6, 1708. 2¾ pp. [C.O. 5, 1049. No. 78; and 5,
1121. pp. 294, 295.] |
June 26.
Kensington. |
1586. Order of Queen in Council. Instructions are to be
given to the new Governour of New York, relating to abovementioned Acts and grants of land, as proposed in the Representation of July 29, 1707. Signed and endorsed as preceding.
1¼ pp. [C.O. 5, 1049. No. 79; and 5, 1121. pp. 295, 296.] |
June 26.
Kensington. |
1587. Order of Queen in Council. Appointing Messrs. Hall
and Harrison to the Council of New Jerzey in the roome of Messrs.
Revel and Leeds. (See May 31 1708.) Signed. John Povey.
Endorsed, Recd. 19th, Read 21st July, 1708. 1 p. [C.O. 5,
1049. No. 85; and 5, 1121. pp. 310, 311.] |
June 26.
Kensington. |
1588. Order of Queen in Council. Approving Instructions
to Governor Lord Lovelace relating to Acts of Trade (June 10).
Signed and endorsed as preceding. ¾ p. [C.O. 5, 1049. No. 86;
and 5, 1121. pp. 311, 312.] |
June 26.
Kensington. |
1589. Two Orders of Queen in Council. Confirming 3 Acts
of Bermuda as recommended in representation June 22, q.v.
Signed, John Povey. Endorsed, Recd. Read July 6, 1708. 1½
and 2½ pp. [C.O. 37, 8. Nos. 66, 67; and 38, 6. pp. 393–397.] |
June 27.
Nevis. |
1590. Governor Parke to the Council of Trade and Plantations. Inclosed I send a Law very much desired by the Assembly
of this Island. I think 'tis of an extraordinary nature, therefore
pursuant to my Instructions I am not to pass it, till you have
seen it. I desire your orders by the first packett after your perusall
of it, for untill I receive your orders the Courts will be shut.
Signed, Daniel Parke. Endorsed, Recd. Sept. 1, Read Oct. 27,
1708. 1 p. Enclosed, |
|
1590. i., ii. Two Copies of an Act of Nevis to oblige the inhabitants to settle debts contracted before the invasion
of 1706. Endorsed as preceding. 2 pp. [C.O. 152, 7.
Nos. 54, 54.i., ii.] |
June 27.
Barbados. |
1591. Governor Crowe to the Council of Trade and Plantations. I have now before me your Lordships' of March 25 and
April 15, and what your Lordships command therein shall be
punctually obey'd but it's impossible in soe short a time as the
pacquett is allowed to stay here to procure any sattisfactuary
acctt. of the African Trade or exact import of negroes for soe
many years past, altho' I have with uttmost dilligence endeavour'd
it, soe must beg your Lordships' patience untill next conveyance.
Messrs. Sharpe, Cox, Mills and Walker were last Councill day
restor'd to their places at that Board; I am sorrey any ommissions
should be made by the Clarkes in transcribing the Minutes. I
have given strict orders for preventing futture mistakes. There
was little business last Grand Sessions; adjoyned your Lordsps.
will receive coppys of the Grand Jurey's Addresses wth. their
presentments, which I have some time since endeavour'd to
rectifie. Upon the application of the Commanders of severall
ships of fforce now loaden here, I have (on their security to defend
and stand by each other) given them liberty to saile for London.
Some days since a Spanyard came up in one of our trading sloops
from Curracco with passports from the Agents of the Spanish
Assento for two sloops with negros, if the merchts. here would
send any to Carthageen at 35l. per head to be paid there, which
is but an inconsiderable price, however I have encouraged the
Traders to make an adventure, soe soone as they can procure
proper vessells, in hopes of a more advantagious trade, and in
the mean time I take all the methods I think can conduce to
pleasure the Spanish mercht. and his attendants, but that nation
has been soe terrified by former ill usages in this Government,
that he would not adventure to bring any effects or money with
him. Altho' on recept of your Lordships' letter per last pacquett
I gave directions that all the Pattent Officers should give me as
neer an acct. as they could of the yearly value of their places severall
of them have not yett comply'd. The expected ffleet are much
wanted and will have the misfortune of lying here in the most
dangerous season of the year. H.M. men of warr are now a
cruizeing off Martinique. Signed, M. Crowe. Endorsed, Recd.
Sept. 17, Read Oct. 27, 1708. 2 pp. Enclosed, |
|
1591. i. Address from the Grand Inquest of Barbados. We
are ready to offer our lives and fortunes for H.M. service
etc. Signed, Samuel Hasell, John Price, Antho. Lane,
Wm. Hunt, John Dottin, John Waterman, George Scott,
Christo. Webb, John Worrell, Thomas Shaw, Henry Neale,
Richard Farr, Robert Bishop, Phillip Austin, Jonathan
Franklin, Samuel Cox, Wm. Harris. Copy. 1 p. |
|
1591. ii. Presentment of the Grand Inquest of Barbados to
Governor Crowe. Return thanks to H.E. for having
the Court of General Sessions held more regularly and
legally than hitherto, and for the appointment of a Cheif
Judge who has discharged his trust with moderation
and justice. Justice has now its free course and is not
made a cloake to arbitrary and particular designs. We
return thanks for the Law to state and settle the public
accounts, which gives hopes that the misapplications
and imbezelments of very great sumes lately raised
will be fully discovered and satisfaction made. We
esteem it a great happiness that the freedom of election
of Representatives has been maintained, and that we
are now free from the violence lately used to hinder it.
Pray for the due application of the 4½ p.c. to the relief
of the Island. Represent the inconveniences occasioned
thro the want of currant cash, and the great benefitt the
Island would reap by a trade with New Spain etc. Signed
as preceding. 2 pp. |
|
1591. iii. Address of the same to George Lillington, Chief
Judge. Return thanks for his moderation and
justice, etc. Same signatures. 1 p. |
|
1591. iv. Presentments of the same to C. J. Lillington. Pray
that the Laws be put in execution, especially agtt.
those common and cryeing sins profane curseing and
swearing. It is indispensibly necessary that publick
schools be erected. Nothing can more contribute to the
prosperity of a countrey then the unity, naturall love
and affection which the inhabitants have for the place
of their nativity, and especially when alwayes trained
up in it, etc. That the bridges and highways be repaired,
and the great bridge called Indian Bridge to the Bay
be rebuilt. We present a common nusance and scandall,
the multitude of negroes resorted to the town of
St. Michaell on the Lords Day etc., revelling, gameing,
swearing and caballing to robb, etc. That the strects
of St. Michael's be always kept clean and paved and the
common shores opened, and noe hoggs suffered to runn
about the streets, or be tyed in any part of the towne,
which is too frequent, or heaps of dung etc. suffered.
That the publick wharffes be repaired, and the chanell
cleared, for want of which the trading people doe greatly
suffer. That the public offices may be reformed and
regulated, the extravagant ffees and exorbitances of
the Chancery Office relateing to the depositt money
may be effectually redressed by some wholesome law.
Signed as preceding. 2 pp. The whole endorsed, Recd.
17 Sept., Read Oct. 27, 1708. |
|
1591. v. Abstract of Naval Officer's List of ships entred and
cleared in Barbados, March 25-June 24, 1708. 56 ships.
2,695 tons burthen. Sugar, 212 hhds., 65 tierces,
744 barrils. Molosses, 604 hhds., 166 tierces, 136 barrils.
Rum, 1,864 hhds., 1,322 tierces, 1,005 barrils. Lime
juice, 13 barrils. Cotton, 110 baggs. Ginger, 25 bags.
Endorsed as preceding. 1 p. [C.O. 28, 11. Nos. 18,
18.i.-v.; and (covering letter and enclosure v. only) 29, 11.
pp. 306–309.] |
| [June 28.] |
1592. Lt. Governor Usher to the Council of Trade and
Plantations. I have nott bin honoured with any lines from your
board since May 23, 1704. H.E. is nott pleased to communicatt
any of your letters relateing to the Govermtt.; butt att all times
I have given to your Ldpps. accott. of whatt comes under my
cognizance. As to ye Assembly of the Province, they are a
standing Assembly, and there hath bin butt one new choice in eightt
years. My Lds., I have att all times in obedience to H.E. orders
gon into the Province, itt's H.E. pleasure to write to the Councill
to transactt matters in absence of Governour and Lt. Governour;
and these frequently actt when butt three, as may apear per
Minuitt Councill, though Instructions say they shall nott actt
withoutt Governour or Lt. Governour, Major Vaughan declared
noe nede of a Lt. Governour, for they could actt withoutt. In
obedience to H.M. letter, May 6, 1706, in case Thomas Allen,
I wentt into the Province; The Treasurer moved my travelling
expences to be alowed, Vaughan with abundance of anger and
incivillity said itt oughtt nott, because I wentt on a private case;
your Ldshps. will finde by exceptions to ye accotts. the Queen's
revenue embezeled (onely to maintain law suite betwene Mr. Allen
and Walderen) above 1,200l.; hope mony wrong aplyed will nott
be allowed, besides ye sum excepted agt., am informed Penhollow
hath subscriptions for 2,000l., some subscribe 100l., some 50l.,
201, 101. etc., as Wm. Partridge, Jno. Knights, Capt. Hunckins,
Capt. Garish, Capt. Wentworth; three sea Comanders to maintain
ye law suite agt. Mr. Allen, to hard my Lds. nott onely to have
subscriptions of private persons, butt mony outt of Queen's
revenue. In hearing Mr. Allen's case Walderen produced a
pretended dede to one Whelewrightts, in wch. they become
tributary to ye Indians, and ye Govermtt. to be under
Masathusetts, sett up agtt. the King's title; same pleaded to,
and in reasons of apeal, grounds his title of posestion from the
Indians grantt, upon inquiry Mr. Whelewrightt came into the
Country many years after date of sd. dede. Walderen being
producer, judge to be the auther; soe forgeing, cutting outt of
Records, and lying noe crimes in Vaughan and Walderen, as may
apear per Mr. Allen's case. My Lords, receiveing orders from
Wm. Blathwaitt, to send the accotts. of province to be laid before
my Ld. High Treasuror, in Dec. lastt wentt down, Vaughan dd.
his accts., butt noe vouchers or rects., pretended sentt them to
Deputy ordr. [=? Auditor]: butt deputy ordr. never did se them,
judge exscuse falacious. Nota. To actt fairely above board
made my exceptions to ye accotts. in Councill thatt things mightt
be cleared; The Treasuror haveing noe Commistion from H.E.,
writt ytt. he mightt have Commistion and give security for his
place, wch. he waved; am sencible of my own weakness, butt
truth is ye rule I walk by, for same am hated, and ill treated,
am informed my Ld. High Treasuror intends to send a Treasuror,
judge may nott be amiss to have Collector's place towards his
suportt and to be of the Councill; judge for H.Ms. service all
vessell enter and clear att New Castle; and there loade and unloade,
unless a permitt from the officer, haveing a waiter, and they
paying the waiter, for some thousands of pounds in silks and
fruitt is imported into the countrey from Lixa, and Newfoundland,
as Officer's judge will give accott. As to the vastt spoile and
damage in cutting trees fitt for H.M. service, judge H.M. Surveiour
woods will render accott., if speedily some strictt care be nott
taken, H.M. navy cantt be suplyed, conceive noe way butt by
Actt Parlimtt., persuantt to an Instruction I humbly presentt
some heads for prevention thereof. Your Lordships knows the
Crown hath a rightt in Province N. Hampshire, Province Main,
and to Eastward where all masts are. As to trade in country
the greatt advance merchants have on yere goods (by reason
peices 8/8 goes for 6 ps. 15 dwtt.) thatt the country is putt upon
good husbandry; in woollen manufactory; ytt. whatt doth
costt of the merchantt 5s. per yd. can make as good and more
serviceable for 2s. 6d. yd.: the mony wch. goes outt of the
country; by reason of paper bills to pas in all paymtts. into
ye revenue will bring matters to ytt. pass, thatt a Governour
shall have noe mony; and will be prejudiciall in time to woollen
manifactory in Brittain. My Lords, the war hath and still doth
press hard upon Massathusetts and N. Hampshire. The
Governour hath bin very carefull for defencive partt, and being
onely on defencive, we waste away; we wantt a good souldiour
to manage the war, wittness the horible shamfull miscariage
to Portt Royall, nothing like a Viceroy over all: the dutys of
imposte and excise (as in Sir E. Andross time) if well looked after
in Massathusetts Govermtt. would make 2,000l. per annum clear,
I know a person would give 1,000l. per annum for excise; and
now by reason of salarys and remisnes make nott above 500l.
clear, butt acknowledge sd. matter too greatt for me to inform.
My Lords, if H.M. would be pleased to send souldiours and arms
for the ffourtt, mightt be of service, for att presentt there is butt
eightt in the sumr. and foure in ye winter belonging to ye fourtt,
above all things I requestt H.M. would give 100l. sterling towards
building a bridge to goe from mainland to ye Island, by means
of wch. the ffourtt may have spedy releife and succour, and
without wch. cannot; if H.M. pleas to grantt the same, with
what I can have here by subscription will ingage to perform the
same, ye necessity of wch. Col. Romer can inform your Lordships.
In H.M. letter Aprill 23, 1703 to setle a constantt and fixed
allowance on Governour and Lt. Governour withoutt limitation
of time, att presentt onely afixed 160l. per annum on ye Governour
dureing time of his being in Govermtt., if another Governour
comes, noe allowance affixed, I know noe better way to have a
fixed allowance then to have the Law repealed for salary to
Assembly, by reason noe allowance to Governour nor Councill,
which if done, the Assembly will soone pass an Actt for suportt
of ye Govermtt., then to sett in Assembly without allowance;
I know of noe remedy better then this, wch. I humbly offer to
consideration. By reason of mony misaplied of the revenue,
there are greatt complaintts of souldiours and others, they are
keptt outt of there mony for 3 or 4 years, wch. a hardship on
poore people mustt confess. Wm. Partridge, Wm. Vaughan
and Richd. Walderen the actors of all, att presentt, Vaughan
and Walderen nott to be called to accott. for any of there actions.
I herewith send copy of a letter from Mr. Penhollow on his behalfe,
shall onely say, he was nott of ye Councill before the presentt
Governour arrived, ye more excuseable, butt whatt pastt, he being
of the Councill and Treasuror, oughtt nott to pas any Actt in
Councill, nor pay mony; butt persuant to the actts for wch.
itt was raised. For aboutt two years recd. noe orders from H.E.
to ye Govermtt., and when have gon in obedience to H.M. letter,
recd. nothing from him, ytt. when I sett in Councill desire to know
if they have anything to offer always answer noe, when I leave
the province offer ye same, and answer noe, as may be seen by
Minuitts Councill. Findeing spending my time for H.M. service
chargeable and to be sleighted and have the goe by, to pleas
Walderen, having ever bin uprightt and faithfull in dischargeing
of my duty, withoutt any sinister ends, and my estate being 3,000l.
the worse for serveing Crown Govermtt. humbly pray a dismition
from the Govermtt., ye wch. serveing of ye Crown hath
incombered my estate very much. My Lords, Bookes Records,
by King Wm. ordered to be in Secretary's office, butt the
Govermtt. in Hincks' time Presidentt (ytt. is presentt Councill
and Assembly) ordered Records into Vaughan's custody, whoe
itt's judged cutt 23 leaves outt, I proposed to ye Governour
Records to be in Secretary's custody, replyed Assembly
had ordered them into Vaughan's custody, and there mustt
be, wch. with submistion is wrong, likewise, Vaughan nott a
person to be trusted with them, Vaughan had a dede for lands
intailed upon his heire male, Vaughan imbezeled the dede, to
wrong the heire, his son did acquaintt the Governour, whoe
informed me of itt; pitty things are carryed on as they are for
sake mony; moste persons holding there places by reason
thereof. There is a new Sheriff, butt noe security taken from
him for faithfull discharge of ye place, noe officers butt whome
Walderen will advize to, crave exscuse for my prolixity, etc.
Signed, John Usher. Endorsed, Recd. 28th, Read 29th June.
No date. Holograph. 3 pp. Enclosed, |
|
1592. i. S. Penhollow to Lt. Gov. Usher. Portsmouth,
Jan. 16, 1707. Acknowledges instructions as to payments
and accounts. If anything has been wrongly applied,
the fault could not be in me, having vouchers and
receipts to a farthing etc. Prays for a favourable
construction etc. Signed, Samull. Penhollow. Endorsed
as preceding. Copy. ¾ p. |
|
1592. ii. Lt. Governor Usher's exceptions to the accounts
of several Treasurers of N. Hampshire. 1697–1702.
Repeats charges against John Hincks, Wm. Vaughan
and Richd. Walderen. The money paid to Major
Vaughan as Agent for the Country was really for his
acting as Attorney to Richd. Walderen. There are no
accounts on file and he refuses to give them. Though
paid for keeping the Records, when he at length brought
them back, 23 leaves were found to be cut out (1702)
etc. Signed, John Usher. 2 pp. |
|
1592. iii. An Account of the Expedition to Port Royal.
May 13, 1707. The Fleatt saled from Nantaskett aboutt
sunrise. 14th. Discovered land about noon, judged
to be Fox Islands. 15th. Early discovered Mountt
Desertt; aboutt noone Col. Rednap came aboard.
Capt. Wentworth complained for wantt of men, and
went aboard the man war, soone after Col. March with
Col. Wainwrightt, when presented an order to sign
what was dd. 16th, 17th. Att Mount Desertt. Councill
war cald aboard the Betford resolved Cuningham with
his sloope should goe to surprize the looke outt att the
Gutt, and to land men on east side river, oposite to Goat
Island. 18th. Fogg. Pilotts and others blamed the Mar.
man war for nott harbouring att Mount Desertt to
prevent the hazard of looseing the Flett. 19th. Boare
away for Mountt Desertt, where gott safe about 8 a clock,
and had accott. of 8 of our sloopes 6 leaugs to eastward.
We anchored in litle Menis. 20th, 21st. Foggy. In
harbour. 22nd. The galley came in. 23rd. Came to
sale aboutt 8 a clock discovered severall sale to windward.
24th. Aboutt noone came to an anchor of (f) the Wolves.
Major Span wentt a shoare found a baskett fresh eggs
and fresh fyer, considerable number of men to scoure
the place, butt found nothing. 25th. In morning came
to sale; fresh gale. Sacum and Cuningham dispatchtt
for the Gutt to surprize the looke outt, all lay by till
8 a clock in evening, then made sale for ye Gutt. 26th.
In morning by break a day before the Gutt, being
tide of Eb lay by till aboutt noon. The 2 sloopes
returned, Cuningham told us the men did nott land being
afraide, though saw noe body, att the entry fired the
alarm gun, comeing in saw some looke outt and fired
on them: Q. How came we to lay by, when a brisk gale,
when ytt. we mightt have bin up att once ? 27th. We
all anchored lan(d)ed our men safe, the Easter body
aboutt 2 miles below Greatt Island, and leftt hand party
aboutt a mile below, wch. was of ill consequence,
impossible for either party this nightt to gett ground
near the ffourtt, the tide of Eb broughtt all the country
folkes in down the River Menis by reason Giles and his
men were fired att when Gen. March and his men went
ashoare. Capt. Southwark, Col. Rednap, —? and
Mr. Dudley returned aboard the galley. Q. Why a
Secretary of Warr should tarry behinde his Genll. ?
Capt. Wentworth and 2 boates crew ranged Goate
Island on ye fourtt side, 2 boates crew landed shooting
chattell, then the galley boate joined wentt ashoare att
Melampois' house, the place being full of chattell killed
many, we found the ffyer fresh butt the House deserted.
We mett with some of Col. Apleton's men whoe had a
skirmish wth. aboutt 60 Indians, nott a man of ours
hurtt. 28th. In the morning Capt. Stukely said he
would suffer noe more boates to goe ashoare, butt sentt
his sloope and boates to fetch of chattell, several other
boates did the like, a whale boate did come aboard with
aboutt 20l. plunder, att same time we did se greatt ffyer
and smoake near the ffourtt, wch. continued day and
nightt. Judge the Fr[ench] burning there houses and
woods in order to se our aproaches. Upon this Captt.
Stukeley manded his sloope, he with Col. Rednap, Capt.
Wentworth went up within gun shott of the fourtt.
Q. Why the army mightt nott have landed as near.
We had exspress from Genll. March which gave accott.
they gott a shoare att Allen's Mill, all along the side
lined with armed men, the Governor wth. others rideing
aboutt, as soone as our men apeared on ye marsh, ye
Fr[ench] fired like hale on them, our men answered briskly,
forded the river, beat them of the Banck, shott down
the Governor's horse, butt Governor recd. butt litle
harm, the Fr. ran to ye ffourtt as fast as they could,
our men being landed att soe greatt a distance, haveing
soe greatt a fateague could nott persue soe brisk as would
have done, we had some men wounded, none kil'd.
This day 2 deserters came over, they say thatt Lay Bonde
had broughtt 60 men from Canada to man there galley,
and all the river men butt aboutt 40 were in the ffourtt.
29th. Our men had a small skirmish or two, judge
wounded and kil'd severall. This morning a party of
Indians wentt over the river to ambush Col. Apleton
aboutt 50, our scoutt foughtt them drove back, we lostt
2 men. 30th. A cannoo attempting to goe over, our people
fired, noe greatt damage, though we recd. severall canon
every day. These 2 days faire and moonlightt, and
could nott have the artilery though promised. The
deserters give accott. aboutt 500 in the ffourtt. 31st.
The Fr. fired all the houses from the Church to the
ffourtt, transporting there goods all day long from there
warehouses. Fr. fired there canons, a bomb fell in our
lodgings, Col. Rednap and Secretary D. hastened aboard
the ships, in the evening Col. Apleton sentt 2 prisoners,
some of Capt. Oatis' men stragling withoutt ye line
shott down, scalpt, and we had 20 men lookeing on,
asked why did nott goe to yere help, answered had noe
orders, all caryed on confusedly. The ground Col.
Rednap marked outt impossible for our artilery to be
thither broughtt. Fr. never exspected us there, butt on
other side the ground seizable. And now our greatt and
fatall Councill satt to finish all. Col. Rednap opinion
being asked declared nott to break ground (though our
artilery there) by reason of disobedience and insufficiency
of our men, nott being persons proper for him to venture
his reputation on, and reply was made, our orders are
otherwise then to send: this point gain'd, caused a
consentt in all others. Adieu Rednap and Secritry,
scared outt of there witts. June 1st. Col. Burril come
tells Genll. March ytt. moste his men refused to goe the
march. Genll. March sd. he would give no other orders
they being positive. Col. Wainwrightt wentt and
perswaded the men to march. 2nd. 4 deserters did
come outt of ye ffourtt, informing state of the same,
wch. gave a new life, ytt. thereupon a Councill war
cald, and a letter sentt for Col. Rednap, Secretary and
Capt. man war. 3rd. This day satt still, till noon,
Capt. Bointon's party came in telling us they had
destroyed aboutt 70 houses and barns, corn and
chattell etc. This evening a dark discourageing answer
came from Col. Rednap and sea captain to discourage
all; as soon as duskish Capt. Walton with other officers
and party of men fired the Church, the warehouse,
ye Governour's and Commistioner's house with all the
restt of houses near the ffourtt, our men continued all
night with drums beating, trumpetts sounding, with
all the bravery and courage ytt. could be. 4th. We
lay still till aboutt noon when C. Southwik and severall
mars. [masters] aboutt 30: a Councill cald, all agreed butt
C. Homes and Frothingham to have the artilery broughtt
over agtt. the ffourtt, on north side river, to bombard
itt while atacked on ye other side, butt some of our
Commanders desired of the Genll. to give there reasons
agt. the voate att noone (this was after C. Southwark
was gon with orders to procede with artilery) wch.
granted Major Walton and C. Homes discourseing
voted to revoake the order of ytt. day, on wch. orders
given to fier all the restt of the Houses, wch. accordingly
done, and by sunrise we were gon. 5th. All gott to sale,
without fireing a gun, after we were down a greatt
bomb came to bid us adeiu. Reasons urged for not
tarriing, was impossibillity getting ye ffourtt, difficulty
getting provistion for men, by sending 60 or 100 men
att a time for itt, if faire wether would be exsposed to
[to] by 18 greatt guns and mortars always playing, time
long, and greatt exspence the Country would be att,
though told ye Country never limited to time or exspence.
6th–12th. Sale for Boston. 13th. Hill from Boston
with letters for ye cheife. 14th. Walters ordered to sale
with the Imbasidors, afterwards all ordered to Casco
Bay. 15th. Came to an anchor in Casco Bay. Reasons
of miscarige:—(1) Genll. orders to ambiguous, not rightly
and truely comprehended by any and misconstructed
by moste, besides private whispers and discourses,
before wentt from Nantaskett. (2) A genll. deficiency,
in genll. want of seamen, ytt. mightt have bin suplyed,
had warrantts bin allowed to ye mars. of each transportt,
as was to some. (3) Wantt of due anchoring and
harbouring, teste pilotts. (4) Sending Capt. Giles into
Pasamquadi without others, by wch. ye French escaped.
(5) Laying by 25th May of the Wolves, when Lawrance
etc. was sentt to looke outt, butt by stress of wether could
nott, had we followed in an houre or two after them,
or sent them away in the nightt, in all probability we
had surprized the enemy, and done our worke more
effectually. This document, without date or signature, is
in the hand and style of Lt. Gov. Usher. Endorsed as
preceding. 3 pp. |
|
1592. iv. Copy of heads of an Act proposed by Lt. Governor
Usher for preserving trees fit for H.M. Navy and
establishing a nursery therefor. Same endorsement.
1¾ pp. [C.O. 5, 864. Nos. 225, 225.i.-iv.; and (without
enclosures) 5, 912. pp. 436–444.] |
June 28.
Whitehall. |
1593. Council of Trade and Plantations to Governor Lord
Lovelace. Notwithstanding H.M. Instructions to your Lordship,
there are several other particulars relating to your Government
of New Jersey, which we think ourselves obliged to take notice
of to your Lordship. The Lord Cornbury having had some
doubts in relation to fines, forfeitures and escheats, and to the
appointing of a Ranger of the Woods, we consulted H.M. then
Attorny General thereupon, and inclose a copy of his report.
Having received from the Lord Cornbury several Acts past in
New Jersey in November, 1704, we considered the same and
transmitted to his Lordship our observations thereupon, that he
might lay those observations before the Assembly for their
consideration and amendment of the said Acts, before we presented
them to H.M. for Her consideration. But, not having received
any answer from the Lord Cornbury, we think it necessary to
repeat our forementioned observations to your Lordship, that,
upon your arrival in New Jersey, you may consult the Assembly
and give us further light in that matter. The Act for the settling
the Militia, in the last proviso but one, enacts, that the sums of
mony thereby to be levied, are to be paid into the hands of the
Receiver General or Secretary, or such other person as the Governor
under his hand shall appoint, and the mony to be applied also
to such public uses as the Governor shal direct; whereas we think
that public moneys ought only to be paid into the hands of the
Receiver General, and the uses to which it ought to be applied
for the support of ye Government should be expressed in the
Act, and not left at large as it is in this: which we desire your
Lordship therefore to be mindful of in the future. Tho the design
of the Act for uniting and quieting the minds of all H.M. subjects in
New Jersey be very good, yet there are some clauses in the Act, which
render it unfit for H.M. royal confirmation, viz., that it pardons
(amongst other crimes) all high treasons, murders and piracy
committed before Aug. 13, 1702, whereas H.M. has reserved to
Herself, by Her Instructions to you, the pardoning of these crimes;
which crimes are alway excepted in Acts of the like nature here,
and therefore we desire your Lordship to endeavour to get this
amended in another Act to be passed for the like purpose. We
have no other objection to the Act for altering the present
Constitution, and regulating the election of Representatives etc.,
but that it dos not regulate the quantity of acres necessary to
qualify persons to elect or be elected Representatives in the
General Assembly. Your Lordship will see by H.M. Instructions
what is intended upon that matter, viz. that 1,000 acres of land
or 500l. personal estate should qualify persons to be elected,
and that 100 acres of land and 50l. personal estate should qualify
to be electors: But if your Lordship find this regulation too
high, you may endeavour to get a new Act passed for proportioning that matter otherwise. In the meantime this Act will remain
in force, without being confirm'd by H.M., and your Lordship
will make a suitable use of your Instructions in that behalf. We
must desire your Lordship, upon transmitting of Acts, that you
be particular in giving us your opinion upon each respective
Act, together with the reasons for passing the same, in such
manner as you are required by your Instructions. A complaint
having been made by the Proprietors of the Western Division
that the Lord Cornbury has caused their late Secretary to deliver
all public books, papers and records to Mr. Bass, Secretary of
the Province, and that their records of Deeds had been carried
out of the Province, which may be of great prejudice to the said
Proprietors, we are of opinion (and accordingly signified the same
to the Lord Cornbury), that all books and papers, deeds and
evidences, relating to the proprietorship of the soil, be not taken
out of the hands of the Proprietors' Agents, and therefore, if this
be not remedied, your Lordp. will do well to give directions therein.
The Lord Cornbury having informed us that an opinion had
lately been started in his Governments, viz., if he send any orders
to New Jersey, relating to the affairs of that Province, whilst he
is resident at New York, they are of no force, and so the same
of his sending orders from New Jersey to New York; we think it
necessary to acquaint your Lordp. that it is a very trifling and
extravagant opinion, the contrary being practised every day
here by the Lords Lieutenants of Counties, and particularly by
the Lords Lieutenants of Ireland, who frequently send orders
into Ireland whilst they are resident in this Kingdom. Having
had occasion to consult Sir E. Northey, H.M. late Attorney
General, in relation to probate of wills at New York, we inclose a
copy of his opinion which may be a guide to your Lordp. in all
future occasions. Not having received from New York or New
Jersey any Minutes of Council or Assembly, nor any Naval Officers'
lists of ships entred and cleared, nor accounts of the Revenue
since the Lord Cornbury's Government we must desire your
Lordp. upon your arrival there to give the necessary directions
that the said Minutes, accounts etc. for the Lord Cornbury's
time be transcribed and sent us by the first opportunity, and
that your Lordp. do transmit to us quarterly transcripts of all
such Minutes etc. as shall be made from time to time according
to your Instructions, that we may be the better enabled to lay
before H.M. a true state of matters as they may occur. H.M.
having been pleased to confirm several Acts passed at New York,
we inclose H.M. Orders in Council of May 20, 1708, for that
purpose, and for repealing an Act for restraining and punishing
pirates. Repeat reason. Both which orders your Lordp. is to
cause to be published, and entred in the Council Books, as usual.
The Lord Cornbury having transmitted to us a remonstrance
from the Assembly of New Jersey to him, with his answer thereunto (a copy whereof is here inclosed) we have considered the
same and made the following observations thereupon, which we
think necessary to communicate to your Lordship. Article 1.
It appears evidently by the Lord Cornbury's Commission, that he
has no power to pardon treason and wilful murder; but, in such
cases, he is allowed to grant reprieves to the offenders untill, and
to the intent, H.M. royal pleasure may be known therein. In
order whereunto he is, with all convenient speed, to transmit
to H.M. a full state of the matter of fact relating to such offenders,
which we do not find that the Lord Cornbury has done. Upon
this occasion we must take notice to your Lordp. that the want
of prisons in New Jersey is a matter proper to be laid before the
General Assembly: your Lordp. will therefore represent to them
the necessity of having such prisons built, that they may grant
a sufficient fund, which may be appropriated to that service.
Article 2. As to the complaint of paying the fees of Court, tho the
Bill of Indictment be not found by the Grand Jury, we are of opinion
that the person accused not being properly in Court till arraigned
before the Petty Jury, no fees till then can be demanded.
Article 3. 'Tis true that the probate of wills and granting of
letters of administration is by H.M. entrusted with the Governor:
yet we do not see that the settling such an office in each Division
in New Jersey, as proposed by the Remonstrance for the ease of
H.M. subjects there, will be a lessning of the rights of the
Prerogative, or of the Governor. Article 5. We are of opinion,
notwithstanding the Lord Cornbury's Answer to the Remonstrance,
that such a patent for the sole carting of goods, as is therein
mentioned, is a monopoly within the 21st Jac. I. cap. 3.
Article 6. We are also of opinion that no fee is lawful, unless
it be warranted by prescription, or erected by the Legislature,
as was adjudged in Parliament in the 13th Hen. IV., in the case
of the Office then erected for measurage of cloths and canvas.
vid—Cook's 2: Inst: fol. 533, 534. P.S.—Enclose Order in
Council, June 26, confirming Act vacating extravagant grants,
and repealing Act of repeal etc. Enclose packets to be forwarded
to Governors. [C.O. 5, 1121. pp. 282–290.] |
| [June 28.] |
1594. Full names, ages and trades (chiefly agriculturists;
one stocking maker, one clerk, one smith, one carpenter, one
weaver) of the German Refugees. See April 28 and May 28, 1708.
Set out, N.Y. Docs., v. pp. 52, 53. Endorsed, Recd. Read June 28,
1708. 2 pp. [C.O. 5, 1049. No. 76; and 5, 1084. No. 36.] |
June 28.
Whitehall. |
1595. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1595. i. Council of Trade and Plantations to the Queen.
Report upon petitions of John Rayner (May 10, 1708),
and Sampson Broughton, June 23, 1707. Set out, Acts
of Privy Council, II. pp. 522–526, and N.Y. Docs., v.
49, q.v. Lord Cornbury has given us no account of his
proceedings in relation to Broughton. Contrary to your
Majesty's warrant, he has refused to admit him to act
as Attorney General, without assigning any crime or
misdemeanour for his refusal. Quote Sir E. Northey's
testimony as to Broughton's ability. If the Lord
Cornbury had any just objections, he shou'd have made
them known for your Majesty's further pleasure therein.
We find no objection to Broughton. As to the objection
that your Majesty's Letters Mandatory were obtained
without any report first made by this Board, there is
no weight in that, the disposition of offices being intirely
in your Majesty. On the other hand, we have no objection to Rayner. [C.O. 5, 1121. pp. 274–281.] |
| June 29. |
1596. Council of Trade and Plantations to Mr. Secretary
Boyle. Representation in favour of treating the 14 newly arrived
German Refugees as those of April 28. Set out, N.Y. Docs., v.
pp. 53, 54. [C.O. 5, 1121. pp. 291, 292.] |
June 29.
Whitehall. |
1597. The Earl of Sunderland to the Council of Trade and
Plantations. My Lord Lovelace having intimated to me that
the New Jersey Company desire that Mr. Lewis Morris may be
of the Council in that Plantation instead of either Mr. Cox or
Mr. Sonmans, I desire your opinion to lay the same before H.M.
Signed, Sunderland. Endorsed, Recd. June 30, Read July 1,
1708. 1 p. [C.O. 5, 970. No. 75; and 5, 994.A. p. 449.] |
June 29.
Whitehall. |
1598. W. Popple to Rich. Savage. Encloses extracts of
Col. Quary's letter, Jan. 10, 1707/8, to be laid before the Commissioners of Customs. [C.O. 5, 1292. p. 55.] |
June 29.
Whitehall. |
1599. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. and
forwarded by the Lord Lovelace, who is upon his departure
for New York. Enclosed, |
|
1599. i. Council of Trade and Plantations to the Queen.
Enclose following Additional Instruction for all your
Majesty's Governors, as also to the Proprietary and
Charter Governments in America (except Pennsylvania,
which will be prepared when the new Governor goes
over) pursuant to the severall Acts of Parliament
relating to Trade and Navigation past since your
Majesty's former Instructions to the said Governours
directing them strictly to observe the said Acts. |
|
1599. ii. H.M. Additional Instruction to Governors as
preceding. Given at our Court at Windsor, July 3,
1708. Whereas in the 3rd and 4th year of our Reign
an Act of Parliament has been past for granting a further
subsidy on wines and merchandize imported, wherein
there is a clause, quoted, including rice and molosses
among the enumerated commodities obliged to be
imported from the Plantations into England, Wales
or Berwick, It is therefore Our Will and Pleasure
that you take particular care that the said clause be
strictly complied with, as also the Acts for encouraging
Naval Stores, for an Union of England and Scotland,
ascertaining the rates of foreign coins, and for the
encouragement of the Trade to America, etc. [C.O. 324, 9.
pp. 209–217; and 5, 727. pp. 47–50; and 5, 210.
pp. 102–107; and 5, 912. pp. 427–430.] |
June 29.
[29 m/4 (Ju.) 1708.] |
1600. William Penn to the Council of Trade and Plantations.
Honorable ffrds. I spoak to you when I last waited upon
you, to lett things return to their former method and ballance,
and hinted at the manifold mischiefs yt. followed that Bord's
breaking of it, in favour of a few factious tempers, contenanced
by some then of that bord, and sent thither to perplex our
Govermt. that came mean into the Country, and yt. are become
considerable by it; An uphill work I have found it, and God
forgive the instrumts. of it. I hope therefore you will think
fitt to returne and countenance the Union, so needfull to ballance
partys in their severall partialitys, the only way where privat
interests perplex the publick tranquility, and give the administration loads and difficultys yt. are next to invincible, at least
protract time, and often expose Govermt. to a cheap[n]ess, if
not absolute contempt. Next, the Bord's entering upon my
title to the Lower Countys, after so solemne a Deed of possession
given me, without any publick opinion (known to me) of men
of honour and ability of ye common or civill Law, I believe you
will upon second thoughts, look upon as very severe treatment.
God knows how I took it, what it has cost me of time, pains,
mony and attendance; made difficult by the Philistines aforesayd;
wherefore please pray to let it not be exprest to the Queen's
right at large but add yt. of Govermt., of ye Lower Countys,
wch. was all the Bord at worst pretended to, as many papers
and discourses have intimated, wch. I am ready to signe; and
as yt. was the true intent of ye declaration I submitted to, till
I either surrendred my Govermt. at large, or got, in consideration of wt. I have done to encrease the Revenue of ye Crown,
ye Govermt. thereof accorded me by a Patent for ye same, so
Honorable ffriends, consider my circumstances, my merrit reported
by ye last Bord itselfe, and yt. I have neither been an idle nor
useless person to ye Publick; and make the present case as easy
to me, and to this Gentleman as expeditious, as your good sense
and good humour, as well as Justice and equitable consideration
of things will allow you. I am wth. great respect, Your ffaithfull
Friend, Signed, Wm. Penn. Endorsed, Recd. Read June 30,
1708. Holograph. 4 pp. [C.O. 5, 1262. No. 46; and 5, 1292.
pp. 56–58.] |
June 30.
Whitehall. |
1601. Wm. Popple to Wm. Penn. In reply to preceding.
The Council of Trade and Plantations cannot alter the form of
the Declaration which you are to sign, by reason they are tyed
up by H.M. Order in Council, June 26, q.v. [C.O. 5, 1292. p. 58.] |
June 30.
Whitehall. |
1602. Same to Wm. Lowndes. Encloses draught of former
bond, approved by Sir E. Northey, for security for Lt. Governor
Gookin, etc. Annexed, |
|
1602. i. Draught of bond referred to in preceding. [C.O. 5,
1292. pp. 60–63.] |
June 30.
Bethnall Green. |
1603. Col. Jory to the Council of Trade and Plantations.
The persons in your list [for the Council of Nevis] are as good
as the times and place affords. Signed, Jos. Jory. Endorsed,
Recd. Read July 1, 1708. ¼ p. [C.O. 152, 7. No. 50.] |
