|
| Aug. 1. |
982. Governor Nicholson to the Council of Trade and
Plantations. Being come hither in order to dispatch this Fleet
now, God willing, bound for Engld., I herewith transmit the list
of the said fleet, together with Captain Christopher Fogg,
Commander thereof, his sailing-Instructions etc. There may be
3 or 4 masters of ships that have not been yet on boord. I'm
in hopes that before he getts clear off the land, all the ships and
vessells designed to go with this convoy will joyn him.
Commodore Fogg has behaved himself very well in all respects
since he came hither: and I don't in the least doubt but that
he will use all ways and means to convoy the Fleet safe for Engld.
Every day 2 or 3 ships come in at ye Capes, which, I hope, are of
the last Fleet: but as yet no account either of H.M.S. Oxford
or the Cutbert and Spranger, on boord which are H.M. arms,
ammunition etc., and that, please God, they may arrive is the
hopes of him who is your Lordships' most obliged and faithfull
humble servant. Signed, Fr. Nicholson. P.S.—I found on
boord Mr. Philip French, one of the principal merchants of N.
York, and late Major thereof. I take him to be a gentleman
very well affected to H.M. Government: he hath a very good
estate, and marryed one of the late Mr. Frederick Phlepps his
daughters. I think he was formerly Speaker of the House of
Burgesses at New York, and when I was there last a member
thereof and of good esteem there, and Chairman of the Grand
Committee. He told me that he happened to have some discourse
with one Mr. Robert Beverley, who is Clark to our House of
Burgesses, about the affairs of N. York, particularly concerning
his late Majesty's and her present Majesty's orders for ye
Assembly's furnishing a quota of men and money. I desire that
your Lordships would be pleased to let him give you an acct.
thereof. This Mr. Robert Beverley marryed one of Col. Byrd's
daughters, but she is dead: he hath been some years at law
about an estate here, and our last Genll. Court there was an
appeal to H.M. in Council by one Mr. Shelden, his antagonist:
so Beverly is going for Engld. on boord this ship. To talk further
with him concerning N. York affair, and to give your Lordships
an account thereof, Mr. French is desired by, Signed, Fr.
Nicholson. Endorsed, Recd. 5, Read Oct. 8, 1703. Recd. by
Christopher Fogg, Commd. of the Falmouth. 1½ pp. Enclosed, |
|
982. i. Abstract of preceding. 1 p. |
|
982. ii. List of (62) ships bound from Virginia to England
under convoy of H.M.S. Falmouth, July 28, 1703. All
laden with Tobacco except one with rice and logwood,
one with rice and one with furs. Same endorsement.
2 pp. |
|
982. iii. Capt. Fogg's Instructions to the Fleet for forming a
Line of Battle, on hoisting an Union Flagg at the Mizen
peeke and firing a gun etc. Lynnhaven Bay, Virginia,
July 31, 1703. 1 p. |
|
982. iv. Capt. Fogg's Instructions to the merchant-fleet under
his convoy for keeping company with H.M.S. Falmouth
etc. July 28, 1703. 3½ pp. [C.O. 5, 1313. Nos. 31,
31.i.–iv; and (without enclosures) 5, 1360. pp. 427, 428.] |
| Aug. 2. |
983. Journal of Assembly of Jamaica. Adjourned till
to-morrow. |
| Aug. 3. |
Thomas Bryan had leave to go the North side, the
French having taken off several of his negroes. |
|
Bill for the better encouragement of the importation of white
men read the second time. |
|
Valentine Mumby had leave to be absent to-morrow. |
| Aug. 4. |
Committees appointed to bring in Bills for continuing
the additional duty, and to oblige the estates of absentees to find
fitt persons to serve as way wardens, constables and tything men
in their respective parishes. The former was brought in and
read twice. |
|
Bill for the better laying out and mending the highways read
and recommitted. [C.O. 140, 7. pp. 83–85.] |
Aug. 3.
Whitehall. |
984. William Popple to William Penn. In answer to your
letter of Aug. 28, what I writ you the 23rd was in the very words
of Lord Cornbury's letter, which the Council of Trade and
Plantations ordered me accordingly to send you soon after they
had received it, that you might also take speedy care to put a
stop to such undue proceedings. [C.O. 5, 1290. p. 360.] |
| Aug. 3. |
985. Mr. Champante to the Council of Trade and Plantations.
Mr. Nanfan has May 27 last lay'd before your Lordships the
imprisonment he is now under, by reason of the non-payment
of those Bills of Exchange which he sold to the Merchants of
New Yorke, for ye money with which he subsisted the soldiers
there for four months and an half more then their subsistance
was paid to his account here in England. This misfortune had
been prevented and the Bills been long agoe paid, for the
answering of which my Lord Treasurer was pleased upon a Report
of my Lord Ranelagh's, to whom this matter was refer'd, to order
the advance of a considerable summe of subsistence, if the present
Agent of New Yorke had not put a stop to the issuing of it, upon
several pretences, which as I humbly conceive I had the
oppertunity some while ago to prove groundless before your
Lordships, as may appear by the several answers put into them
in Mr. Popple's custody. The said Agent allows now that Mr.
Nanfan has subsisted the soldiers for four months and a half
more than I have received subsistence for, and that therefore
I ought to receive subsistance for the like time to answer the
said bills and the annexed account, which is a true copy of one
I have received from Mr. Nanfan, will let your Lordships see how
the money which was raised upon the bills has been disposed of,
in which I must observe that as the accountant has not taken
credit for what he has expended himself upon account of
contingencies, so he has not creditt for what has been paid by
me here on the same account, and to several officers on account
of their pay, which may amount, to near 700l. New Yorke money.
I humbly hope your Lordships, in tender consideration of the
matter, will have the goodness to represent the same so to my
Lord Treasurer, that I may have his Lordship's order for the
receipt of the said subsistance to answer the said bills, and that
your Lordships will be pleased to take such measures as your
Lordship shall think most fitting for the releife of Mr. Nanfan,
whose unhappy case I humbly submit to your Lordships. Signed,
J. Champante. Endorsed, Recd. Read Aug. 5, 1703. 1 p.
Enclosed, |
|
985. i. Copy of Capt. Nanfan's Account of money taken up
at New York for the use of the soldiers, March 8, 170 0/10 –May 9, 1702. Shows, Debit 4,618l. 11s. 1d. + (30 p.c.
advance for difference of money) 1,385l. 11s. 3¾d.=
6,004l. 2s. 4¾d. Credit (cash paid to the soldiers)
5,770l. 9s. 10½d. Balance, 233l. 12s. 6¼d. Accountant
does not give himself credit for what has been expended
by him upon acct. of the contingencies of the four
companies out of the 10 p.c. remaining according to the
establishment, but will prepare such an acct. Signed,
John Nanfan. New York, May 29, 1703. Same
endorsement. 1 p. [C.O. 5, 1048. Nos. 63, 63.i.; and
(without enclosures) 5, 1120. pp. 13–15.] |
Aug. 3.
Barbados. |
986. Governor Sir B. Granville to the Council of Trade and
Plantations. Enclosed is the copy of the Proceedings at a Court
Martiall held here long before my arrival and of which the then
Government ought to have given an account. The persons
concerned are three Frenchmen who came hither in a Flag of
Truce, upon the faith of a Cartel which had bin agreed: one is
condemn'd to Death, and the two others to be prisoners, 'till
the Queen's pleasure is known. All the information I can get
is contain'd in this paper, and the evidence does not appear to
me strong enough to support the sentence given, especially in
relation to the man's life. I humbly therefore beg leave to submit
that also to H.M. pleasure: and having found him repriev'd at
my coming, I shall continue him so untill your Lordships are
pleased to signify to me H.M. orders. The Cartel which had bin
settled between this place and the French Islands long before
my arrival, I have refused to ratify, being of the opinion that
it is not for H.M. service in these parts to hold any communication
with them, but that it will be of more advantage to send away
to Europe all the prisoners we take. I have here at present 53
which I shall put on board the ships bound with the convoy to
England, taking the Master's receipt and obligation to deliver
them into custody at his first port. The French Islands subsist
by privateering, and being but thinly inhabited, nothing can
be more injurious to them, then sending away their people. Not
having any particular instructions in these matters from your
Lordships, I act in 'em to the best of my skill, submitting all to
your Lordships' judgments and desiring I may be directed in the
measures I am to take for the future. I have not of late had my
health and a slight indisposition joyned to the excessive heat,
which alone is a distemper to a newcomer, makes him very uneasy.
I desire this may make my excuse to your Lordships for my
remissnesse in laying before you those observations I am
commanded, and tho' I have not been able to discharge myself
here with that application that I ought, I have don it with all the
ill state of my health would bear. The sickness in this country
continues with great violence and mortality. The French have
no men of war at Martinique, but expect a squadron from France
very soon, these seas swarm with their privateers. I have the
honour of your Lordships' letter of May 27. Signed, Bevill Granville. Endorsed, Recd. 12th, Read Oct. 21, 1703. Holograph. 3 pp. |
|
986. i. Abstract of preceding. 1 p. |
|
986. ii. Copy of a Court Martial held in James's Fort in the
Bridge Town, Feb. 2, 1702/3, for the trial of the Sieurs
Du Verger, Alexander Toraille and Joseph FontaigneToraille. See preceding letter. Endorsed as preceding.
2½ pp. [C.O. 28, 6. Nos. 101, 101.i.; and (without
enclosures) 29, 8. pp. 326–328.] |
Aug. 3.
Barbados. |
987. Governor Sir B. Granville to [the Earl of Nottingham].
I am informed that the Dutch at Curacoa doe at this time trade
with Spanish America; in the beginning of the Spring they
received orders from their West India Company under whose
directions they are to recall all their Commissions, which was
don, and no vessel now stirs from thence till they give security
not to molest the Spaniards, but to traffick with them as formerly,
ammunitions of war excepted. Repeats substance of preceding.
Signed, Bevill Granville. Endorsed, R. Oct. 8, 1703. Holograph.
3 pp. [C.O. 28, 38. No. 16.] |
Aug. 3.
Barbados. |
988. Governor Sir B. Granville to Mr. Popple. The pacquet
boat with the mails of May 27 and June 24 arrived here the 1st
instant in 30 days from England: it brought me a letter from
their Lordships of the first and another from yourself of the
second date together with severall duplicates to myself and
others to Mr. Bennet and Larkin at Bermuda, I had received the
originalls before of each, and those to Bermuda were dispatched;
these shall be soe likewise by the first opportunity, of which you
shall have a certificate signed by the Master of the vessell. H.M.
has not yet signed the Commission for the trying of pirates, at
least no such has come hither, and that from the late King being
determined we cannot proceed upon it. We have one here
accused of piracy. I must desire you would lay this matter
before their Lordships, as also the two enclosed letters, one of
which is a copy of what I writ by the former Packet. The
Coventry and Milford with the Merchant ships under the convoy
arrived here June 20; the Milford remains here in the room
of the Kingsale, which with the Coventry and the Merchant ships
that are ready will depart from hence the latter end of this week.
Signed, Bevill Granville. Endorsed, Recd. 12, Read Oct. 21, 1703.
Addressed. Holograph. 2 pp. On blank side, |
|
988. i. Abstract of preceding. ½ p. [C.O. 28, 6. Nos. 102,
102.i.; and (without abstract) 29, 8. pp. 329, 330.] |
Aug. 3.
Whitehall. |
989. Journal of Council of Trade and Plantations. Mr. Jones,
late Secretary of Bermuda, delivered a letter from Mr. Larkin,
dated Jan. 26, and Mr. Blathwayt communicated a letter of the
same date from Mr. Larkin to himself, which were read. Jones
in discourse justified Larkin and blamed Capt. Bennett. He
complained also of many hardships done to himself, and desired
an opportunity to vindicate himself from the imputations that
had been cast upon him, in order whereunto he promised to lay
an abstract of what he might have to say before the Board, and
in the meantime he suggested that the occasion of the ill-conduct
of several Bermuda Governors has been a present of 300l. usually
made them by the people upon their arrival, which engaged them
to favour many undue practices. Their Lordships thereupon
ordered an abstract to be made of the facts charged against Capt.
Bennet by Mr. Larkin in order to writing thereupon to his brother
here. |
|
Mr. Jory attending as he had been desired in relation to the
Act of Nevis, for the better securing and confirming the tithes of
land, he was acquainted with Mr. Attorney General's objection
against it, and agreeing that there seemed to be a mistake in the
Act contrary to the intention of the Assembly, their Lordships
ordered a report to be prepared wherein to offer to H.M. that
it may be repealed. |
|
Mr. Jones, a Minister of Virginia, being about to return thither,
the letter lately writ to the Governor was recommended to his
care. |
|
Letter from Mr. Penn, July 28, read. The Secretary was
ordered to tell him that he already has a copy, July 23, of what
he desires. |
| Aug. 4. |
Heads of Complaint against Lt.-Gov. Bennet agreed upon
and ordered to be sent to his brother, with a signification that
their Lordships desire to speak with him to-morrow morning. |
|
Order of Council, July 30, read. Directions given for a letter
to Col. Dudley upon that matter. |
|
Order of Council, July 30, read and ordered to be sent to Mr.
Penn. |
|
H.R.H. Report, June 9, with H.M. Order in Council, July 30,
read, and letter writ to Mr. Wharton, enclosing a copy of the
Report and desiring him to attend to-morrow morning. |
| Aug. 5. |
Order of Council, July 30, approving Mr. Evans, read. |
|
Orders of Council, July 30, approving Mr. Thomson, etc. read. |
|
Mr. Champante presented a memorial on behalf of Capt. Nanfan,
with account, which were read; letter to my Lord Treasurer
prepared. [C.O. 391, 16. pp. 190–196; and 391, 97. pp.
545–554.] |
Aug. 4.
Whitehall. |
990. William Popple to Governor Seymour. Enclosing a
packet of letters. [C.O. 5, 726. p. 268.] |
Aug. 4.
Whitehall. |
991. William Popple to John Bennet. Enclosing abstract
of letters from Bermuda relating to the ill usage of Mr. Larkin
by Lt.-Gov. Bennet, his brother. "Whereupon the Council of
Trade desire to speak with you to-morrow morning." Annexed, |
|
991. i. Heads of complaint against Lt. Gov. Bennet. [C.O.
38, 5. pp. 428–430.] |
Aug. 4.
Whitehall. |
992. William Popple to Wm. Wharton. By order of the
Council of Trade and Plantations, I enclose a copy of H.R.H.
report upon the petition of Sir Mathew Dudley and others relating
to a Charter for the importation of Naval Stores from New England
etc., that they may conform themselves to the restrictions
contained therein. The said restrictions being added to the
draught of a Charter formerly agreed on at this Board, H.M.
has been pleased to declare her gracious inclination to cause
the same to pass under the Great Seale of England. And whereas
H.M. has referred the consideration of this whole matter, and
the dispatch thereof to their Lordships, you are desired to acquaint
the gentlemen concerned that their attendance is expected
accordingly at this Board to-morrow morning at ten of the clock.
[C.O. 5, 911. pp. 113, 114.] |
Aug. 4.
Pensylvania. |
993. Col. Quary to the Council of Trade and Plantations.
I have writ to your honours by five several ways, since wch.
I have recd. yours of March 18, with a copy of a clause in the
Act of Parliment to prevent fraudes in the importation of tobacco
in bulke from the Plantations. I have taken effectual care to
observe your Honours' instructions, which I am sure will answer
the end, the methods I have taken to secure this poynt is this:
I have ordered the several Collectors in this Bay not to permit
any tobacco to be putt on board of any ship but what is done
in their view, and that they give no cockett for more tobacco
in any vessel then they themselves saw shipped; this makes
some of the officers uneasy. But there is a necessity for it, and
they must comply, or I must complain to your Honours. The
former practice was for the Masters to make an entry of what
they thought fit according to wch. the Collectors gave them
their clearing and certificate when they were not halfe loaden,
and then went downe the Bay, and took in what they pleased.
I have lately received a letter from Governor Nicholson, wherein
he presses my hastening to Virginia in order to H.M. service and
the due observation of your Honours' Instructions. He proposes
my inspecting the several officers on some special occasion. I
am on my progress thither, and will visit all the officers in
Maryland as I goe. I have long since fully considered that clause
of the Act concerning bulke tobacco, and never could see how
any one end proposed could be answered, as the several Collectors
and Naval officers of Virginia and Maryland were suffered to
manage themselves. I am very confident that no officer ever
saw or knew what was shipped in either ship or vessell, but they
take the report of the Masters and certify accordingly, wch.
gives all the opportunity imaginable to carry what Bulk Tobacco
they please; their binding staves about it and calling it cases
is only to evade the Act and secure themselves in England for
they are under no apprehension of danger in America by incurring
the penalty of the Act since the officers never see wt. is shipped.
Accordingly this gives encouragement for running tobacco as much
as ever. There are but two ways to secure the Trade:—that
there be a certaine fixt place or port in each river, were all ships
shall be obliged to load, and that the respective officer of that
river be obliged to view and take an exact account of wt. tobacco
is putt in each ship. This will not only secure the poynt that
the package be according to the intention of the Act, but will
prevent the shipping tobacco in bulke. Besides I cannot see any
great difficulty if the Officer be obleiged to take the weight of each
hhd. or case, wch. will have this verry good effect, that every ship's
entry will be just, exact and true, so that your Honours may with
ease finde by wt. they enter and deliver in England, wether they
have abused H.M. or not, for the allowance of waste and shrinking
may verry well be computed. I am senceable your Honours
have had under your consideration for sometime the appointing
ports in each river. But the difficulty of getting an Act past
for it in Virginia and Maryland hath hitherto put a stop to that
worke. Give me leave to assure your Honours that if it cannot
be done without an Act past here, it never will be done, for the
Assembly consists of the Tradeing men in each river. These
Gentlemen preferr their own interest and conveniency before
that of H.M. or the publick good of the Province, for tho' they
know and are satisfy'd that it woulde be more for a publick good
to have a fixt port in each river, yett unless each man's own
plantation be appointed that place, they never will agree that
it shall be anywhere else, and so it never must be by their consent.
With humble submission, I propose that this matter may with
ease be efected by a short Act of Parliament in England. But
since this must be a worke of some time, I will in the second place
propose as an efectuall meanes to answer the end, that the officers
be obliged to take a little more pains and care then they have
hitherto done; that the Naval Officer do also his part so as to
divide the worke between them, and wt. cannot with conveniency
be done by them, I propose that waiters be appointed to performe
the duty. These men may be had on very easy terms, since the
business will not require above three months time in the yeare.
The charge cannot be much, and will save H.M. very considerably
in her revenue, efectually answer the end of the Act and prevent
those many troublesome suits of Law, and save your Honours
the many complaints that are now made to you. I am now
hastening to Governor Nicholson, and doubt not but that we
shall conclude on some further measures on this subject, his
great zeale for the Queen's service and long experience will finde
out some further ways and means etc. I hope quickly to receive
your Honours' instructions and fuller power to act and also an
answer to my several letters from Pensylvania. Signed, Robt.
Quary. Endorsed, Recd. Dec. 9, 1703, Read Feb. 16, 170¾.
Addressed. Copy. 2¼ pp. Enclosed, |
|
993. i. Abstract of preceding. [C.O. 5, 1262. Nos. 48, 48.i.;
and (without abstract) 5, 1290. pp. 426–431.] |
| Aug. 4. |
994. Minutes of Council of Barbados. Thomas Maxwell
was sworn a Member of Council. |
|
Patrick Mein was granted leave to go to England. |
|
Thomas Reynoldson was paid 60l. towards his charge in the
maintenance of several French prisoners. [C.O. 31, 8. pp.
59, 60.] |
| Aug. 4. |
995. Minutes of Council of Jamaica. Letter from Commodore
Douglas, Aug. 3, read in answer to letter of July 31. "I think
the request made to Capt. Wavell very modest and absolutely
necessary. As to the breizes and sicknesse of both Masters and
their men, I am verry sensible of it to be true, for I have been
obliged to lend to some of them my men to their assistance to get
them ready for this convoy: as to the said Capt. being not compos
mentis, wch. I am verry apt to believe is true not onely by his
ill treatment to those worthy gentlemen in his scandalous letter
to them, but also in his dayly actions, wch. is soe ridiculous that
I an ashamed for my part that any Gentleman that weareth H.M.
Commission should have so little regard to himself and the service
etc. As to turning him out, 'tis not in my power, as both ships
being independent of my squadron and under sailing orders
before I took place etc. If he will not stay for these merchants
ships, with the consent of the Governor whose orders I am obliged
to observe, I will see these ships through the Windward Passage,
for it will be about the 20th of this month before the ships of
the quadron that is here will be ready." [C.O. 140, 6. pp.
165–167.] |
| Aug. 5. |
996. Governor Dudley to the Council of Trade and Plantations. By a vessel from Topsham which came out May 3, I
have account of the losse of all my letters and papers that went
by Captain Thomas, who sayled Dec. 10, also what I sent by
Captain Easty, Feb. 1, and what I sent by way of Leerpool,
Aprill 2, were taken upon this coast going off, which makes me
perfectly behind hand in all my Addresses, and Representations
to your Lordships, copies whereof I shall send by this and the
next conveyance. My last letters were of June 5 by Captain
Terrisse which I hope are arrived, since which I have been eastward
along the coast in the Province of Mayne, and at Casco-Bay
met all the Sachims of Penobscot, and the three Tribes under
Moxus, and Adiawando, and with a great deal of attendance
which their sullen temper demands, and cost of presents and
expences upon them, to the value of 400l. or 500l., concluded a
better friendship with them than at any other meeting, their
Friars not daring to be seen for fear I should have seized them,
left them in a better and more treatable temper, and since that
they have advised me by Messengers of the march of 200 French
Indians, and about thirty Frenchmen from Quebeck, which
has occasion'd me to send out 200 men of the best of our quarter
part of the Militia, who have been ten months detached by vertue
of an Act of the Assembly, who are in four Companies upon the
frontiers at 20 miles distance from each other, and interchange
ground every two days, that the enemy may not come within
them, and it is now the time of their plenty of venison and green
corn, which will last them two months, during which time we
must be carefull of them to prevent what is possible, tho' a
security upon our frontier of 200 miles is not to be made with
the force this Province is able to support. In my return from
the Eastward, I held the Generall Assembly of the Province of
New Hampshire, who have very cheerfully continued the duties
upon timber and boards exported, and have enforced it with
good clauses for the collection thereof, which I hope will be
acceptable to H.M., it being the only method that they have
here for the support of the Government and their defence, though
it is very greivous to the Massachusetts Province, and of which
they complain, but I am humbly of opinion without cause, every
Province being the proper judges of the best method for their
own support. I then obeyed your Lordships in hearing the
suspension of Mr. George Jeffrys, and acquainted the LieutenantGovernour Partridge of his neglect in not offering your Lordships
the reasons and account thereof. I am humbly of opinion that
Mr. Jeffrys was very faulty in that oath mentioned in the Record,
though a great time is elapsed, and it might have been forgotten,
and I also think that he is very faulty in labouring to defend
the cotton wool, and to represent the Acts of Parliament hard
upon the Plantations to disorder the inhabitants here, which
ought by all means to be steadied, especially by Gentlemen of
the Councill, and this he palliates in his answer altogether. I
shall do as your Lordships shall command, but I doubt if he be
restored, the Lieutenant Governour and he will very difficultly
serve H.M. together, and I think there is no comparison between
their powers and inclinations for the service, Mr. Partridge having
been very sincere and industrious to my observation in everything
that imports H.M. service since my arrivall, however it was
before. I have no persons to offer to your Lordships, according
to my Instructions, for the supply of the Councill but Richard
Waldron and Major Joseph Smith, whom I humbly offer in the
room of Mr. Fryer and Mr. Wier, who are superannuated. The
Assembly of this Province was adjourned during my absence at
the Eastward, and at my return sat again and were prorogued
two daies since to Michaelmasse, their usuall time. They have
granted to H.M. a tax of 11,500l., the last year's Excise, and a
little addition to the impost, for the payment of their debts to
the Castle, to forces and garrisons, and ships taken up at severall
times for the service, but will neither settle any salarys for the
Governour or others of the Civill List here, so as to support either
the Governour, Lieutenant Governour, Secretary, Judges or
other Officers, which will discourage the best men in this Province
from sustaining Offices here. I humbly thank your Lordships'
favourable intention to offer that matter of a salary to H.M.
gracious consideration, and am of opinion if H.M. commands
were given therein, it would take away a great deal of inconvenience, that the Governour here will labour under till it be
determined, here are but few persons fit to sustain the office of
Judges, and I can hardly keep them that are upon the Bench
for want of a support, if it were but 150l. for the Cheif Justice,
and 100l. for the other four, it would be acceptable to them, they
have not present but 50l. each. The Representatives have
shewed their ill inclination in the Article of the Assistance of
New York, after several Conferences they have absolutely refused
to give their usuall vote, which they have done annually these
fifteen years, that the Governour with the advice of the Councill,
(in the absence of the Generall Assembly) should send Forces
thither, there may be at some time reason why such a thing
should not be done, when the Hazard here is greater than there,
but the Governour and Councill ought alwayes to be judges of
that necessity, but nothing that could be offered would prevaile
with them, and truly my Lords so it is, that the best men in the
several parts are left out of the Councill, and the meanest men
in the towns are sent to represent them, who will take care by
their obstinacy to recommend themselvs to the People that they
may be Electors of the Councill at the season of it, which cannot
be avoided, till H.M. name her own Councill here as elsewhere,
however I shall do my duty to my Lord Cornbury in obedience to
H.M. as I ought. My Lords there is no ship of H.M. here but the
Gosport, who is also commanded hence, and must have been gone
long since but that the order came by way of Jamaica, and arrived
here but thirty daies since, when the friggot was absent upon a
cruise, and is but returned a few days, and now has not men
sufficient to bring her home, untill our ships from Europe shall
arrive, and then the Province will be absolutely without any
security, either of the trade or against an enemy. The Castle of
this place is not yet finished, though we have fifty men every
day upon the work, which has retarded Collonel Romer the Engineer
going to Pascataqua to begin that work, where there is 500l. ready
to begin with, the Act for it is lost with my other papers. I
humbly acknowledge the receipt of your Lordships' letters of
Jan. 21, H.M. allowance of the 250l., at New Hampshire and
pray the same favour for the 500l. offer'd me by the Massachusetts
Assembly, which is less than ever they gave before, and having
no salary here I have spent it twice, in a table, servants and
horses here, and am also in advance as much as it amounts to for
the fitting out the two Companies sent to Jamaica, which I hope
my Lord Nottingham will obtain that I may be paid, having
humbly written to him therein, since which I have had no
commands. Signed, J. Dudley. P.S.—In the ships at first
mentioned, I have lost all the Acts of Assembly of Piscataqua
and Minutes of Councill, the copy of the 550l. Act your Lordships
commanded me so particularly to send, which I have again ordered
to be drawn out, and the new Act of 500l. for the repair of the
Castle. Aug. 10.—Yesterday I had the honour of your
Lordships' letters by way of York, of Aprill 20, with H.M.
commands for both the Provinces, of which I humbly
acknowledge the receipt, and shall take care to do my duty in
the several Articles, and shall instantly acquaint the surveyor
that there is no relaxation in the measure of timber, and pray
your Lordships to beleive there has been none yet tho' desired
by the people. (Holograph.) Endorsed, Recd. Nov. 20, 1703.
Read Jan. 7, 170¾. 5 pp. Enclosed, |
|
996. i. Abstract of preceding. 4 pp. |
|
996. ii. Copy of Minutes of Council of New Hampshire, July 2,
1703. The hearing of the suspension of George Jeffrey
by the Governour's appointment came on. He had
been summoned to attend. The Lieut.-Governor
(Partridge) acquainted the Governor and Council that
he had received some time before the Governor's arrival
letters from the Lords Justices, July 25, 1699,
commanding his strict care of the Acts of Trade etc.,
which was read. He then desired that Mr. Sampson
Sheafe should be examined, who gave oath that George
Jeffreys discoursing with him about the seizure of some
of the enumerated commodities imported contrary to
the Acts of Trade, Mr. Jeffreys told him that the Acts
of Trade were not intended against coasters in the
Plantations, and that he would defend that opinion,
and particularly in the seizure of 4 baggs of cotton wool
imported into this Government contrary to the Act of
Parliament, the said Jeffreys was present in Court and
privately whispered the Attorney to direct him, which
hapned sometime before the Governour's arrival, and
since at the Court of Admiralty accepted to be an
Attorney in that case to plead against the Crown, being
otherwise a merchant and not known to practice the
Law. Mr. Secretary Story then informed the Governour
and Council that he was imployed in the pleadings of
the case of the cotton wool at the Inferior Court on
H.M. behalf and afterwards in the Court of Admiralty
was present and saw Mr. Jeffreys appear as Attorney
for the claimer. Richard Jose, High Sheriffe, said that
he was also present then. The Lieut.-Governour then
alleadged that Mr. Jeffreys had been for 20 years in an
illegal trade at several times, and brought in the Records
of the Courts, that judgment was given against him
in 1682; the Record contains 45 pages, wherein there
is a challenge also of a false oath given by the said
Jeffreys too long to transcribe. The Lieut.-Governour
also said that the Secretary at several times for some years
past has frequently informed himselfe in Council that
Mr. Jeffreys has defamed him, and said he had ruled
arbitrarily and ill managed the affaires to the great
defamation and hurt of the Government in his hands,
upon all which he thought it not possible for him to
proceed well with him in the management of H.M.
affaires. |
|
Mr. Hinkes, of H.M. Council, then informed that
some time since about a year before the said suspension
Mr. Secretary Story reported in Council that Mr. Jeffrey
had spoken very unbecommingly of the LieutenantGovernour, as using an arbitrary power; the Council
being sensible of the inconvenience of such discourses
of the Lieut-Governour, moved Mr. Hinkes and Capt.
Gerrish, one other member of the Council, to treat
Mr. Jeffrey of that matter, which they then did, and
reported itt to the Council that Mr. Jeffreys denyed it,
altho' the Secretary instantly insisted upon it, and now
says that which he then informed was true. 3 pp. |
|
996. iii. George Jaffrey his answer to the reasons of his
suspension, exhibited in Council, July 2, 1703. I gave
my opinion as a private person to Mr. Sheafe that the
claimer ought to have the wool in accordance with the
judgment of the Court of Appeal, Feb. 1701. My
appearing at the Court of Admiralty cannot be the
reason of my suspension, which took place Aug., 1702,
and the Court of Admiralty was held six months after.
It is true that I was occasionally at that Court of
Admiralty when the claimer of the cotton wool, being
a woman and having no attorney, did importune me
to say that the wool had been tried at the Courts of
Common Pleas etc. I never pleaded otherwayes than
as Amicus Curiæ, but if I had, there are presidents
in New England of Councellors pleading at the barr,
yet never any before suspended for that crime. As
to my being an illegal trader and the records brought
to prove it, I never before heard of any judgment or
record of Court against me, nor can any such legally
attested be found. All that can be pretended was that
Mr. Randolph did about 1682 exhibit complaint against
a ketch, the master whereof was recommended to me
for advice, and upon trial the ketch was cleared by the
jury, which offended Governor Cranfeild so that the
same jury to apease his displeasure did sundry days
after bring in another verdict after said vessel was gone.
And I being called before Governor Cranfeild did affirm
that I did not send said vessel away, nor had any
authority so to doe, being not so much concerned as to
draw Commissions as Factor, nor had any part of said
ketch nor lading. In any case Mr. Partridge was not
then Lieut-Governor nor I of the Council. I have since
that time had the honour to serve the Crown in sundry
places of trust and never any male-administration
alleadged against me. As to Mr. Storey's information
that I defamed the Governor, two of the Council were
then sent to discourse me, to whom I did give such
ample satisfaction that I heard no more of it. The
truth of the matter was this. Mr. Partridge, some
others and myself were owners of the Portsmouth, whereof
Mark Hanking was Commander and part owner, who
wanted a cable for her, which Mr. Partridge profered
to supply at a certain price. The master said he could
buy a more suteable one for less. Mr. Partridge told
him he should take his and ordered the sailors to carry
it on board, which when I understood, might say was
arbitrary. Signed, Geo. Jaffrey. 3 pp. etc. |
|
996. iv. Mr. Partridge's Reply to preceding. July 22, 1703.
Portsmouth. Mr. Jeffries has practised false swearings
and lyings so long that he now dares to wright positive
falsehoods to your Excellency. For instance, in the
affidavit taken before Governor Cranfield Dec. 20, 1682
(quoted) he swore that "he was concerned in the ketch
and cargo as far as she was laded," and affirms to your
Excellency that he was not. In the same affidavit he
swore that he knew nothing of her going out of the
Piscataqua, but he hath acknowledged that was
false publickly in the Church. I think further
answer needless. Signed, Wm. Partridge. Holograph.
1¼ pp. |
|
996. v. Sampson Sheafe to Governor Dudley. In reply to the
Memorial of Richard Wibird and Shadrach Walton.
(No. 85.) It is a strange mistake to assert that they
in Sept., 1701, bought of David Jefferies at Boston
four bags of cotton wool which had been lately imported,
for it was imported into this Province Aug. 10, 1701,
and seized by the officer here for having not given bond
as the Act requires, so that that assertion is false, or
the claimer bought the same after it was seized for
illegal importation. It is notoriously false that upon
the importation of the four bags of cotton wool the
Deputy Collector at Boston gave a certificate under his
hand that the same were lawfully imported, for it was
imported Aug. 10, 1701, into this Province, and then
seized and the certificate was procured Aug. 25, 1701,
designedly to illude the Court and Jury, as will appear
by the copy of the certificate enclosed. Boston indeed
is part of New England, but a distinct Government
as much as Barbadoes. It is true the said ship and
her loading was seized by Sampson Sheafe for not having
given bond as the Act requires, and that the said wool,
as the Act directs, was at an Inferior Court confiscated
to H.M., and notwithstanding the said certificate, justly,
for it was procured after the seizure, and no bond given
for landing the same in England or H.M. Plantations.
It is true Wibird etc. brought their appeal to the Superior
Court held in this Province, Feb. 10, 1701, and that
there the Collector of this Province produced another
certificate from the Deputy Collector of Boston,
certifieing that in his certificate of Aug. 25 he did not
certifie that said wool was lawfully exported from
Boston, nor would be so understood, for that it was
never entered at the Custom House, nor bond given
as the Act requires, notwithstanding which certificate
the judgment of the Inferior Court was reversed, and a
writ of restitution of the said goods ordered and made
out, and upon refusall or [?of] delivery to take Sheafe
in close custody, by vertue whereof one James Levitt,
a pretended Sheriffe, did seize the said Deputy Collector,
who thereupon complained to the Lieut.-Governor,
who did demand to see the Deputation of said underSheriffe, but it appeared he was neither Deputy nor
sworn, whereupon he was threatned by the Lieut.Governor to be sent to prison, and he told me I had
my remedy against him for false imprisonment. It
is a maliciously invented falsehood that the Deputy
Collector discharged one penny worth of goods, that
he either found or seized. The Court and Jury did
discharge indeed some provisions that were on board,
but the officer discharged none. The Deputy Collector
is not, nor never was under the influence of the
Lieut.-Governour upon accot. of debt. The latter had
security for what the Deputy Collector owed him; he
had no reason to be influenced thereby, nor was it of
any the least consideration with him. If the cotton
wool under seizure should be upon this complaint
delivered to the claimer, it will remain here upon a
record as a president that all persons have liberty to
import or export any of the enumerated commodities
without giving bond, and so may be at liberty to go to
any foreign market in Europe without going to England,
Wales or Berwick. And it will be folly for any officer
here to pretend to prevent or hinder that which may
be committed against H.M. service in the concernment
of trade, but let every one trade as they will, and then
all will be pleased here. There hath been one verdict
for H.M. and another per contra, the last thro' mistake,
the jury being imposed upon by the claimer's plea that
the Massachusetts and this Province were one Government, tho' so far from it, this is held by Commission
from H.M., the other per charter; were also told that
the Province Law for impost admitted wool of all sorts
to be brought in free, and that the Act of Parliament
to the contrary signified nothing here, and that the
first certificate produced was of force, the other not.
It hath cost the officer here above 18l. already in
prosecution, the wool not worth much above 20l.; this
charge hath the claimer put the officer to, besides his
being in custody, which he desires your Excellency to
represent to their Lordships. It is evident the design
of this complaint is to procure a gap to be opened to the
breach of all the Acts of Trade, and no Court or Jury
will ever pretend, especially Juries, to confiscate any
vessel, or her lading, let the Acts be never so plainly
broke. |
|
I have been highly blamed in Mountss business for
not admitting any goods, Dutch or French, to be imported
here from Jersey upon certificate of a Surveyor there,
one Hughs, whither a Surveyor of Land or High Wayes
or how otherwise I could never yett learn. I presume
to remind your Excellency of the great necessity of
a bridge over the Narrow Passage; it will be much for
H.M. service, both as it will be a way for the country
to come into H.M. Fort in case an enemy should, as
it is feared they may, attempt to invade this Province
as also it will be a meanes to prevent in great
measure the running of uncustomed goods, wch. according to the general discourse is much practised.
Signed, Sampson Sheafe, Dy. Collector. Holograph.
3 pp. |
|
996. vi. Memorandum of Minutes of Council of New Hampshire,
Oct. 28, 1702-April 2, 1703. ½ p. |
|
996. vii. Memorandum of Minutes of Council in Assembly of
New Hampshire, Jan. 12, 1702/3-April 13, 1703. ½ p. |
|
996. viii. Memorandum of an Act of New Hampshire for
continuing several rates and duties of impost, tunnage etc.
for one year. ½ p. [C.O. 5, 863. Nos. 46, 46.i–viii.;
and (without enclosures) 5, 911. pp. 177–188.] |
Aug. 5.
New York. |
997. Lord Cornbury to the Council of Trade and Plantations.
I trouble your Lordships with these few lines only to acquaint
you that on Thursday July 29 Mr. Byerly, Mr. Clark and Captain
Matthews arrived here from Virginia, by whom I received the
Commissions H.M. has been pleased to honour me with; and
also H.M. Instructions, which I shall take care punctually to
observe; they have likewise delivered me several packets from
your Lordships, to which I will return perticular answers as fast
as the nature of things will permit; and I entreat you to believe
that I shall always exactly observe your Lordships' directions
in all things; by the Virginia convoy, which will saile in six
weeks, I shall give you accounts at large of most matters relating
to these parts. Signed, Cornbury. Endorsed, Recd. Read
Nov. 19, 1703. Holograph. 1 p. [C.O. 5, 1048. No. 654; and
5, 1120. pp. 25, 26.] |
| Aug. 5. |
998. Journal of Assembly of Jamaica. Bill for the better
Government of servants read the first time. |
|
Resolved that no member go out of the House without leave
of the Speaker under the penalty of tenn shillings. |
|
A message by the Clerk of the Council, that the Governor
required the copy of the minutes of the House to this day. |
|
Upon debate whether the Additional Duty Bill should be
read the third time in the afternoon, carried in the affirmative.
When the House met in the afternoon, upon debate whether
the Bill should be read now or at another time, severall of the
members departed the House without leave and in a contemptuous
manner, whereupon the question was put, whether they should
be taken into custody or not. Carryed in the affirmative. Charles
Long, John Peeke, John Blair, John Ayscough, Aldworth Elbridge,
John Bonner, Henry Brabant and James Archbold were
accordingly ordered to be taken into custody by the Speaker's
warrant. The Messenger answered that the Gentlemen named
in the warrant were just by under the shedd and refused to submit
to the warrant, and said they were not a House and could not
send a warrant. |
| Aug. 6. |
The Messenger reported that they had submitted to the warrant
and were in his custody. Resolved, that they be sent for one at a
time and demanded by the Speaker, why they had departed the
House in such a contemptuous manner, to the great disservice
of the Queen and country, and the hindrance of the public good,
contrary to their known duty, and the settled rules of the House,
and who advised them so to do. In reply Dr. John Bonner said
that he did not go out of the House in a contemptuous manner,
but if he did go out, and thereby had broken the rules, he was
to pay 10s.; that nobody advised him to it, and the House had
broke their own rules in not reading the Bill when it was agreed
to be read, and he did not know any business he had here when
he could not serve the Queen nor the country, but that he should
have come into the House, if he had been sent for. Aldworth
Elbridge replied that nobody advised him to it, that he did not
go out contemptuously or with designe to affront the Speaker
or the House, but he went out, the House being in a hot debate.
Capt. James Archbold replied that there was such indecencies
that he went out to keep the rules of the House. Capt. Charles
Long replied that he saw there was no rule or order kept in the
House and therefore thought fit to withdraw. Dr. John Blair
answered that his own reason advised him, for the House was
in a hott debate and he went out to drink a glass of wine. John
Peeke replied that he always paid a great respect to the Chair,
but the Chair has charged me with those very things of breaking
the rules it was guilty of itself, especially in passing the Bill for
the Additional Duty etc. Henry Brabant would only answer
that he did not go out of the House in any contempt. John
Ayscough replied that he never did anything in contempt of the
House, but there was no rule nor order kept, and therefore I
went out of the House as the best way to rectifie it. Consideration
of their answers adjourned till to-morrow morning. Ordered
that the absent Members be sent for to attend the House upon
urgent occassions by 8 a.m. to-morrow by a letter from the Clerk. |
|
The House met and adjourned till Monday. [C.O. 140, 7.
pp. 87–90.] |
Aug. 5.
Boston. |
999. Minutes of Council of the Massachusetts Bay. Account
for refitting the Province galley last spring committed. |
|
Thomas Brattle declining further intermedling in the laying
out of the grant for the fortifications on Castle Island, ordered
that Col. Romer have the care of doing so, and that the Treasurer
pay him 100l. on account. |
|
45s. 4d. paid to Col. Charles Hobby for subsisting of souldiers
raised out of the Regiment of Militia under his command for
enforcing the garrison at the Castle, and charge of transporting
them thither. |
|
23l. 6s. paid to Daniel Willard, Keeper of H.M. gaol in Boston,
for keeping French prisoners of war, Feb. 22, 1702-May 13. |
|
468l. 4s. 2d. and 218l. 9s. 6d. paid to Thomas Povey, Commander
of the Castle, for wages due to the garrison. |
|
10l. 7s. 8d. paid to Capt. Cyprian Southack on account of the
garrison at Cascobay in 1701. |
|
H.E. nominated David Phippen J.P. within the County of
Yorke. The Council consented. |
|
H.E. nominated John Everett to have the rule and government
of the Indians of the several Plantations within the late Colony
of the Massachusetts Bay. The Council consented. |
|
Various salaries and accounts paid as granted by the General
Assembly. [C.O. 5, 789. pp. 522–525.] |
