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Dec. 27.
Boston. |
1420. Mr. Addington to W. Popple. Refers to Enclosed
Journals of Council and Assembly, Laws, and lists of Causes
of the Massachusetts Bay. Signed, Isa. Addington. Endorsed,
Recd. 29 April, Read May 2, 1704. 1 p. Enclosed, |
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1420. i. List of Causes heard at the Inferior Court of Common
Pleas holden at Cambridge for Middlesex County.
Sept. 1703. Signed, Ja. Russell. 1 p. |
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1420. ii. List of Causes heard at the Inferior Court of Common
Pleas holden at Boston for Suffolk County, Oct. 1703.
Signed, Elisha Hutchinson. 3½ pp. |
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1420. iii. List of Actions tried at the Superior Court of
Judicature for the County of Bristol, holden at Bristol,
Sept. 1703. Signed, Samuel Sewall. 2 pp. |
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1420. iv. List of Causes heard at the Inferior Court of Common
Pleas for Newbury County, holden at Newbury, Sept.
1703. Signed, Nathl. Saltonstall. 1¼ pp. |
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1420. v. List of Causes heard at the Inferior Court of Common
Pleas holden at Bristol, Oct. 1703. 1 p. Signed,
Nathal. By field, Judge. |
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1420. vi. List of Causes heard at the Inferior Court of Common
Pleas holden at Barnestable for the said County, Oct.,
1703. Signed, Barnabas Lothrop. ½ p. |
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1420. vii. List of Causes heard at the Inferior Court holden at
Salem for the County of Essex, Nov., 1703. Signed,
Wm. Browne, Judge. 1 p. |
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1420. viii.–xvi. Memoranda of Minutes of Council and Assembly
and Laws of the Massachusetts Bay. [C.O. 5, 863.
Nos. 68, 68.i.-xvi.; and (without enclosures) 5, 911.
pp. 255–258.] |
Dec. 27.
Whitehall. |
1421.Earl of Nottingham to the Council of Trade and
Plantations. The Queen having appointed Col. William Mathews
to be Governor of the Leeward Islands in the room of
Col. Codrington, H.M. would have you prepare his Instructions
and Commission for her approbation. Signed, Nottingham.
Enclosed, Recd. Read Dec. 31, 1703. 1 p. [C.O. 152, 5. No. 42;
and153, 8. p. 227.] |
Dec. 28.
Boston. |
1422. Governor Dudley to Mr. Popple. I am very sensible
of your favour to mee in the just Representations of their Lordships
etc. I have written alwaies with all truth and plainness etc. If
it were possible that the neighbour Colonyes of Connecticut and
Road Hand might be brought to march with us or pay a Quota,
and that we might have some powder and other stores sent us,
we should be in a better posture etc. The Council here upon
consideration of a winter's march, for which in all poynts I am
ready, have also declared themselves of the Representatives'
mind, and I am fearful that this season will be lost. Signed,
J. Dudley. P.S.—The map humbly presented to their Lordships
is the most exact for this Province of any extant, it has cost
mee some surveys, and is pretty well pencil'd. Amongst
Mr. Addington's papers, there is the beginning of the account of
Causes, which being new, if their Lordships would have them
otherwise then in this form, it shall be obeyed. Holograph.
Subscribed, |
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1422. i. Abstract of preceding. The whole endorsed, Recd.
April 29, Read May 8, 1704. 3 pp. [C.O. 5, 863.
No. 69; and (without abstract) 5, 911. pp. 276, 277.] |
Dec. 30.
Prize Office. |
1423.Commissioners for Prizes to Mr. Popple. In answer
to your letter of the 21st, we have procured a copy of the
condemnation of the Neptune, whereby 'twill appear she was
condemned at Barbadoes as prize, and one moiety thereof ordered
by the sentence to be distributed, and proportioned according
to the meaning of H.M. Declaration dated June 1, 1702; and
the other moiety ordered "to be distributed to such uses as by
the Statutes or Acts of Parliament in that or the like cases are
made and provided." Now upon reading the Clause, we submit
it to you whether there was not ground to conceive that the
Judge of that Court has at least intimated that though one moiety
be liable to a division according to the Declaration, yet that
the other moiety is subjected to some distribution ordered by
some Statutes made in such cases; and thinking the words
"Acts and Statutes" might signify something in this place, we
conceived they must be interpreted of Acts of the Assembly of
that Government, since there are no Statutes or Acts of Parliament
here directing the manner of distribution of prizes, and therefore
upon supposition that these were words of some effect (especially
when used in contradistinction to the Declaration), and there
being no such Statutes made in this kingdome, and upon
information there hath been an Act made in Barbadoes to
incourage privateers in case of a war, we were by those means
induced to beleive that the Acts referred to in their sentence
might be some Acts made in that Assembly concerning prizes
taken by H.M. ships of war. These were the reasons for that
conjecture of ours, wherein though we should possibly be mistaken
by conceiving the words Acts of Parliament and Statutes to have
signified somewhat, yet we doubt the jurisdiction of the Courts
of Admiralty in the Plantations doth not extend to prizes, which
however we shall not dispute though we are of opinion that,
admitting a competency of jurisdiction there, those Courts should
however proceed in the same methods as the Court of Admiralty
of England; and that the decrees about inventorying, sale, and
distribution of prizes, should be directed to be executed by us
or our Agents (whom we have impowered to act in that Island),
that we should not be totally excluded, not only from the
management, but even from the knowledge of what is done in
those Courts, that the Queen's share might be transmitted to our
Treasurer for Prizes, and that the Captors' share should be duly
and regularly paid them, according to the proportion specified
in H.M. Declaration, and in the manner therein prescribed, which
is therein required to be done, pursuant to a list transmitted
from the Navy Board of the persons actually on board the ship
at the time of the capture. Refer to following. Signed, Edw.
Brereton, R. Yard, John Anstis, Ant. Duncombe. Annexed, |
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1423. i. Dec. 31. Our advocates give us the following reasons
for their opinion. (1) We did not find that there is any
Court legally established in Barbadoes for the condemnation of Prizes by authority from the Lord High Admiral.
(2) There is no Act of Parliament now in force that directs
the distribution of Prizes; the Queen's Declaration
is the only Law (June 1, 1702), and by that one moyety
of the proceed of this Prize ought to have been adjudged
and distributed to the Queen, and the other moyety
to the Captor, whereas the decree at Barbadoes adjudges
only one moyety according to the Queen's Declaration;
so that either the Queen or the Captor are to go without
their just distribution. Signed, J. Cooke, Wm. Oldys,
D. Commons. Dec. 31, 1703. The whole 3 pp.
Enclosed, |
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1423. ii. Proceedings of a Court of Admiralty, Jan. 6, 1702,
Barbadoes, condemning the Neptune prize and
ordering distribution of proceeds, "one moyety to
be distributed according to the true intent of H.M.
Declaration, and the other as supra No. 1320. Endorsed,
Recd. 1st, Read Jan. 3, 1703. Copy. 1p.
[C.O. 323, 5. Nos. 33, 33.i., ii.; and (without
enclosures) 324, 8. pp. 313–316.] |
Dec. 30.
Rochester. |
1424.Geo. Collinson (Judge Advocate to Adml. Benbow) to
Col. Ed. Lyne. Enclosing following. Addressed. Sealed. ½ p.] |
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1424. i. Council of War held on board H.M.S. Bredah near
Port Royal, March 5, 170½. On news of the French
fleet designed to attack this Island, our strength in
shipping is so far inferior to theirs (40 sail), that oblidges
us to secure H.M. ships and this Island. 'Tis our
opinion that our men of war draw into a line of battle
as near the Fort of Port Royal as is convenient, and
what fireships we have to lie ready in the properest
places to let slip as occasion may offer. 'Tis also our
opinion that the French will attempt nothing less then
Port Royall and Leguanee, of which, if they can make
themselves masters, and destroy our ships, nothing
in this Island can stand before them, or in any other
of H.M. Plantations in the West Indies, and that if we
find the French will force themselves into this Harbour,
and it appear destructive to us by their overpowering
us, 'tis our opinion that we retreat into the Channel
that leads to Kingston, there as long as our ships will
swim to defend that passage, for Leguanee is the security
of this Island, and not Port Royal. Signed, Jno. Benbow,
Sam. Vincent, Jno. Constable, Xpher. Fogge, Cooper
Wade, Edwd. Acton, W. Russell, Richd. Paule, Jno.
Redman, B. Harris, H. Mitchell, Tho. Hudson.
Endorsed, Recd. Read Jan. 20, 170¾. Copy. 1½ pp.
[C.O. 137, 6. Nos. 32, 32.i.] |
Dec. 30.
Newcastle. |
1425. Lt. Gov. Usher to the Council of Trade and Plantations.
Oct. 15 I arrived with H.M. Commission in New Hampshire,
finding the Governor then at Boston I went thither and delivered
him your letters, when I returned to the Province. Refers to
enclosures. Finding several Members refused to attend and sett
in Councill, Mr. Jeffrey was summoned to take his place, not
finding anything against him but a perticular quarrell, on private
accts., and never charged with anything for him to answer,
and not dismist in a full Council. If a fault, I throw myself at
H.M. feet etc. Mr. Partridge and Capt. Fryer in Council desireing
a dismission by advice were dismissed. I find by reason of
presents Officers civil and military put in Commission by my
Lord Bellomont, wch. persons many are disaffected to Crown
Government and are continued in their places by Gov. Dudley,
viz., Richard Walderen, Judge Inferior Court, who I find by
papers on file deny H.M. subjects justice and right, when a case
came before them upon a review the jury return'd, case call'd,
jury sworn, plaintiffs' bill read and answer thereto, then adjourned
the Court for some days, dismissed ye Jury yt. was sworn, calls
another Jury and swares them, and refuses then the Defendant's
plea (in point of Law), in his reply to the Bill to be admitted,
and orders ye same to be crost out, I humbly think great partiallity
and injustice, and many such things guilty off, and he ye onely
Person makes ye Govmt. uneasy. |
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As to ye Province accts. from 1696, I find great summes raised.
There was Acts for 1,550l. in Vaughan's time, find but 1,300l. by
accts. on file for money paid, if he be in England, judge reasonable
he should give security to answer for his accts., many hundred
pounds being misaplyed.Nota. A trick of Mr. Walderen, for
money pd. Partridge, instead of saying a present to pay for
disbursements, when in truth not one penny for disbursements
on file do appear, and for allowance of acct. there is an Act of
Council and Assembly, when in truth the Assembly has nothing
to do but view and examine ye accots. Such ways in wrong
aplying of H.M. money hath been carryed on by Partridge and
Walderen, to ye prejudice of H.M. Revenue, griefe and oppression
of H.M. subjects; 'tis hoped ye moneys misapplyed by
Patridge's order under his hand to ye Treasurer's, care may be
taken it be repaid and aplyed for defence and support of ye
Province. Refers to cotton wool case, and accounts of King's
Stores 1696, where, instead of 20bb. of powder mentioned in
Vaughan's Articles, there was 70bb. powder besides four taken
out by Mr. Hinks and 2 by Mr. Elliott. Hinks and Elliott
accountable for 6,170 yds. of canvas, wch. judge no account
can be given. As to Hinks, Capt. of ye Fourt, ever since I arrived
hath not been at ye Fourt, neither taken care for watching and
warding. I therefore did give a Commission to Capt. Walton
to be Capt. of the Fourt. I gave a warrant to Hinks to deliver
ye Fourt and Stores to Walton, but refused as by return of sd.
warrant; reasons for Gov. Dudley continuing Hinks, (1) being
a Churchman, (2) first of the Council, (3) Chief Judge, wherein
Mr. Allen's case is to be concerned. If ye country be lost thro'
ye ignorance and remissness of ye Commander of H.M. Fourt,
I think those reasons will not answer to the loss, etc. The Fourt's
security is the winter season. I find ye whole country out of
order. |
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The Council and Assembly upon a petition from Capt. Eason,
ordered 2bb. powder to be paid. I was much against it, argued
wt. was given to ye Queen could not be taken away again.
I find a Commonwealth Governmt. they say can give and take
away, and declare if be not allowed in England, will repay it,
hope Orders will be to repay, though I pay my part; which will
be of great service for ye future. I find an Act for 300l. for an
Agent (Major Vaughan); the Treasurer by orders from
Mr. Partridge hath paid 527l., —judge Partridge accountable.
I find ye Garrisons in out towns in a poor weake condition, some
but 5 or 6 men, where are above 30 souls, and these men to watch,
ward, and labour for subsistance of them, never visetted since
1696. Gov. Dudley hath given me copy of first Instructions
and orders with them; desired if he had any other, to lett me have
them, said he had none. He did freely offer me to put in new
Judges, if I would name them. Answer, my Instructions forbid
me. I find Judges such, judge prudence for Mr. Allen wth.
patience to sett still. The Acts of Assembly being sent home,
hope three or four will not be allowed. (1) An Act for Assemblyman 3s. a day; there being no provision made for Members of
Council. (2) An Act [that] Records be in Samll. Penhallow's
hands till Major Vaughan returns, by wch. means copies are
denied to H.M. subjects, and many torn out and defaced. The
Secretary judge ought to have the Records be free for everybody,
and itt's the only perquisite to his place. (3, 4, 5) Acts as to
trespassing on town commons, to prevent contention about
Town bounds, and to prevent trespassers cutting wood down
upon lands without a fence; all which made against the
Proprietor. I do not find in my Commission any power granted
for Assembly to make Acts as to right of soyle; by those Acts
the Proprietor hindered from cutting off the uninclosed lands. |
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I asked the Council whether Capt. Walton was a fit person
to be Capt. of H.M. Fort, for wch. Gov. Dudley insists very
much as parting wth. ye prerogative; wch. I am far from;
reason for so doing, in Oct. 1696 Capt. Walton in Council laid down
his Commission as Capt. of ye Fourt, going then for England.
Council then declared would have him keep it, none more fit.
My Lord Bellomont, when he comes, the Council tells him ye
Province is not safe for ye Fourt to be in his hands, thereupon
Walton is put out and Hinks put in. Now, many persons complaining of his remissness, I asked the Council as to Walton,
they all answered none more fit. I vallew him above any, being
loyal and a soldier, proposed only to see wt. they would say.
In my letter Dec. 3 signified to Gov. Dudley wn. ye Assembly
did sett, if he did see cause, should proroge them, acquainted
him ye country was in debt, there was need of souldiers, arms,
and ammunition for H.M. Fourt, and that aplycation to the
Queen for the same might not be amiss, havein no answer, att
time appointed the Assembly did sett, being a very bitter season,
finding they would do nothing recommended to them, and though
sett some time presented nothing to pass, did dissolve them.
Judge Gov. Dudley will complain off; reason, Acquainted the
country was in debt 450l., there was absolute need of money
for souldiers at H.M. Fourt, and soldiers to be in garrisons, they
refused to raise any, in sending to Capt. Hinks for stores of
ye Fourt to be delivered to Capt. Walton, one reason he would
not deliver ye same because country owned him money, till paid,
he would not deliver them. Finding ye Assembly influenced
by Walderen, and this Assembly, who was only to have a view
and examination of Samuel Penhallow's accots., wherein 867l.
disposed off not for service of ye Province and yet allowed by
them, that ye poor people groan by ye heavy taxes and misaplying ye Revenue, therefore dissolved them. There is no Major
in ye Province. I proposed Major Smith, a loyall man, to have
commission for Major, but refused. I find ye Treasuror no
commission for his place, reason because the Major, Treasuror and
Recorder reserved for Major Vaughan upon his arrival; none
put and to be put in office but whom Partridge and Walderen
advises. |
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For security of H.M. Fourt, pray 40 souldiers in ye Queen's
pay [and] some powder, arms and ammunition, without wch., if the
French make an attack, judge wth. a few men will take the place.
When ye Govermt. in 1696 ciezed out of my hands, I was not
then related to Mr. Allen, and those men now in place agt. Crown
Governmt., but favoured under the notion onely they are agt.
Mr. Allen's interest. I must say Partridge and Walderen governs,
nothing to be done but what they are for. I find Mr. Partridge
in all his time a considerable trader by shiping, none of his
vessels to stop at Newcastle, where Customer and Navall Officers
are, but go streight up to Portsmouth, and sometimes in two
days after make their entrys wth. officers, by wch. means the
Queen may be defrauded. I think may be proper that no vessel
coming or going out but should stop at Newcastle to enter and
clear before permitted to unload or clear out, if any would have
the priviledge to unload at Portsmouth, then a waiter to be put
aboard and owner pay. I find great dutys upon trade, wch.
meets wth. discouragements; there is not one halfe of ye trade
yt. was in 1696. There is a great waest of trees for masts, and
destroying all growing timber for ye same, and am informed
people for 6s. a year for a team permitted (by surviors for H.M.)
to cut wt. they please. I find myself for Governmt. in a worse
condition then formerly if any thing for H.M. service and good
of ye Province, my hands tyed, unless those invested wth. Commissions will consent and perticular Walderen; if some be not
made examples, the Govermt. will never be easy. As to my
power as Lt. Governor by vertue of Queen's Commission, by
Capts. disobeyed, I herewith send copy of my warrant to Capt.
of ye Fourt disobeying; high time to have a Governor will assert
H.M. prerogative and curb ye antimonarchicall principles and
will not be byassed on acct. of money, till then shall not be happy.
Signed, John Usher. Enclosed, |
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1425. i. (a) Lt. Gov. Usher to Governor Dudley. Newcastle,
Oct. 26, 1703. When I arrived in New Hampshire,
Mr. Partridge with some horse mett me at Hampton,
where the Militia was not in armes, judge the Queen's
Commission was to the grief of the Capt. Instead of
being received with the cerimony as ought to have ben
for the Commission, had the cerimony of a funeral
posture. At Hampton did take the oath tendered to me
by Mr. Partridge and Council; there was five at first;
asked if that was all; answered, enough to make a
Quorum. I marched to Portsmouth where my reception
was no Militia in armes, nor officers to pay their
respects. I find the Militia of Hampton and Portsmouth
in the hands of disaffected persons to Crown Govt.,
and disloyal, as Capt. Dow and Capt. Pickerin, who
did appear so to be before Lords of Trade on hearing
Vaughan's articles against me; if Militia be in their
hands, I expect my person to be ciezed. I gave notice
to the Capt. of H.M. Fourt on the 22nd inst. I should
come to visit it. I found it in a ruinous condition, and
no souldiers but two old persons, which was surprizing.
I ordered the Capt. to order the Militia to be in arms
and himself to be there, which he refused. As to the
Militia, I examined the armes of every person myself,
and found not one halfe fitt for service. The Capt.
ever since 1696 never called the Militia to exercise himself, though had the King's and Queen's pay etc. I find
orders for men for H.M. Fourt from yourself, but great
neglect and partiallity in Mr. Partridge, some pressed
from Hampton and Exeter, none from Dover and
Portsmouth, the securest and best able to send men;
I find no wood, no candles for H.M. Fourt. Being
informed Mr. Walderen had a Commission for Major,
I sent for him, when he came understood he refused it,
till he heard of his father Vaughan's arrival. Find
the whole Province out of order and in a weak condition,
nothing but a private interest carried on. Quotes part
of his Commission. I have demanded a copy of your
Excellency's Instructions from Mr. Partridge; he hath
given me some papers as Instructions, part but not all,
and not signed by your Excellency as a true coppy,
I hope you will send me a true copy. I find the Sherrif
a person ill affected to H.M. Government, lame, not
able to do any service, refuses to appoint a Deputy,
and neither him nor his Deputy did do their duty in
attendance upon my comeing into the Province, but
could that day serve an execution. I informe your
Excellency hereof, that I may forthwith have a Sherif
by you apointed, else H.M. interest must suffer. I
desire for H.M. Fourt you would send me a Commission
for Mr. Atkinson to be Capt. Lt. to take care of it, a
blank Commission for Major Smith as Major, another
blank Commission to put in the room of Pickerin, or
else I must do it by virtue of my Commission, unless
you give orders to the contrary. I want the Instructions
as to the accounts of the Revenue, also delivering the
Records into the hands of the Secretary, the which
orders of the Lords is not done. I will take care they
be put in execution. I find a minitt Mr. Penhallow's
accots. allowed, and in ye same minitt expressed to
produce his vouchers. I have great complaints of moneys
raised in ye Province, and no acct. of perticulars how,
for H.M. service in due time I shall inquire into, for you
well know at Whitehall there will be no accots. allowed,
but what has an accot, of perticulars etc. |
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(b) Same to same. Newcastle, Oct. 28, 1703. Repeats
matters set out elsewhere. Desires orders to fill vacancies
in Council. There is great need of field officers, therefore offer Col. Packer and Major Smith for Lt. Coll. and
Major. Please to send them Commissions, otherwise
shall give them, unless you forbid. I am sorry H.M.
hath a Government surrounded with a publick enimy,
and in all transactions no notice taken of this H.M.
Government, but if at any time informed, must expect
by transient discourse, which ought to be otherwise
from your officers. |
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(c) Governor Dudley to Lt. Gov. Usher. Boston,
Oct. 28, 1703. The copy of Instructions Mr. Partridge
gave you are such as I gave him. You mistake to
think my Instructions are in any other form. Some I
thought not needful, but at your desire they shall every
one be sent you. Referring to the Fourt, there is
500l. raised for the bettering of it, and Col. Romer
is with you for that end, and the want of armes and
stores I have often notified home, and have hopes of
a supply, and desire your advice and assistance, if
there be any other way to obtain them in the meanwhile. I cannot suppose it best while Capt. Dow is
of the Council to dismiss him, he being a Capt., but he
may be made to lay down, and Pickerin being Speaker
and very foreward in granting ye 500l. for the Castle,
I am slow in it, and you have ben in the Province but
2 or 3 days, it may admitt of a little leisure. I think
as well of Major Smith as yourself, and have given his
name home to be brought into the Council, which when
it returns (as I doubt not) will be the fittest time for
what you mention. In the meantime Major General
Povey shall not be wanting whenever there is need.
Capt. Hinks has been there many years and severall
times President of ye Councill, of the Church of England,
and I am now first to be told of any neglect of his duty
to the Crown, and while he is of the Council, it will be
hard to remove him from the Castle, but if it be to be
done, here is Walton, who hath served there faithfully
long ago, and now has served the Queen in conducting a
Company of Volunteers to Jamaica, has the first claim
with me, but I shall do nothing in it till I hear again
from you. Refers to orders about Revenue accounts.
I desire you to put forward the accounts from 1695 to
1700, when suppose Mr. Penhallow's begins, and let
there be an Order next Council to require in a short time
every Treasurer to make up his acct., and transmit
them to me, and there will open ye imbezlement you
speak off. When there are so few persons fit for publick
bussness, we must drive as we can. I had last year
some directions about the Records, and something
was done in Council thereabouts; what you judge
meet to be done therein must be with the advice of the
Council and agreable to the Law of the Province, if
there be any referring thereto. |
|
(d) Lt. Gov. Usher to Gov. Dudley. Newcastle,
Nov. 1, 1703. My Commission directs me to act by the
Instructions, and how to act regularly without them,
know not. Repeats statements about the Fort and
Capt. Hinks, etc., etc. As to the Assembly, should have
been glad you had explained yourself whether to permit
them to set sometime and then to proroge them, or to
proroge them at first meeting. |
|
(e) Same to same. Portsmouth, Nov. 23, 1703.
When at Boston gave acct. of my granting a Commission
to Capt. Walton to be Capt. of H.M. Fourt, and a
warrant to receive the stores and fort, etc. etc. |
|
(f) Governor Dudley to Lt. Gov. Usher. Roxbury,
Nov. 28. Am very sorry there is any misunderstanding
between yourself and Capt. Hinks, who has been many
years first of the Council and Chief Justice of ye Superior
Court, from whence my Instructions will not allow
me to remove him but upon a hearing in Council, etc.,
and the great affair of the Proprietors being therefore
necessarily to come before him, I have not thought it
prudence to deale harshly with him; however, I shall
hear both parties before I give my opinion, but think
if you had suspended him, it had been much better, and
I must tell you it was a mistake to interest the Council
in any Military matters, or to make a minitt of it there,
because absolutely refers to the military part in which
the Council as such have no interest that I at present
know off. I expect to sign all Commissions in that
Province myself, while I am so near that 24 hours will
fetch my answer, least there be a quarrel between
officers of 2 sorts etc. etc. You writ of a cestion of the
Assembly before the ships go, if possible I will see the
Assembly when they set; however if you will communicate what you would have there dispatched, you
shall not want my advice etc. I have directed the
Commander in Chief of the Forces in the Province of
Maine to give an acct. of any approach of the enimy,
and desire you would use Hilton, Davis or Gilman
to march 50 men into the woods for 10 days according
to late Act. I am fearful the volunteers when they
please will expect to disband and break in upon the
right of the Government how to use them when wee
please. Here has been a great noise of volunteers in
these parts, but are not least benefit, and the souldiers
must know wee can march them when we please without
the word volunteers writt upon them, etc. |
|
(g) Lt. Gov. Usher to Governor Dudley. Newcastle,
Dec. 3. As to misunderstanding between Mr. Hinks
and myself, I know of none (salveing that of the
Fourtt); in granting a Commission to Capt. Walton
(not done to infringe any powers invested in yourself
as C. in C.), it was for the security of H.M. Fourt. Shall
observe your Orders to grant no Commissions in your
absence. As to interesting the Council in the Militia,
shall not, but to ask of them the Character of a person etc.
As to ordering the Militia, Pickerin I order 10 men of
his Company to march to visit the Garrisons, he ordered
but 4, sent to another Capt. for six, thus I am played
upon; shall sett still rather than occasion disturbances.
In vissetting the Province, I find Oyster River in a bad
condition, people not in garrison, Capt. Woodman
justifying the same. I hope the Major General will
spedily redress things. As to Capts. in the Province,
I know them but by hearsay, for they have not come
to me excepting two since ben here. I find the Queen's
Commission as Lt. Governor insignificant, etc. |
|
(h) Governor Dudley to Lt. Governor Usher. Roxbury
Dec. 12. Nothing will please me more than a right
understanding between yourself and Mr. Hinks, etc.
I think it proper that you direct the several Capts. to
attend you at the bank some proper day, when they
may take directions from you, and I think one necessary
one to have Dover and Oyster River immediately
strictly in Garrison, having ben formerly insulted; if
I know anybody that laboured to make your Commission
insignificant, they should signify nothing with me,
but that I may do as you desire, you will please to make
mine signify what it ought, and then yours shall signify
everything. I shall take notice of the rudeness of the
post, though truely neither this Province nor New
Hampshire hath done their duty to support that charge.
I pray you to encourage the bussness of Volunteers,
but not to neglect the Act of a party from time to time,
etc. I desire the Assembly may be proroged for a
month, and untill I may hope to see them, I will not
have them dissolved; what is done, I desire to see
by every post, and in a great occasion by express, that I
may advize, etc. |
|
(i) Lt. Gov. Usher to Governor Dudley. Newcastle,
Dec. 17. Upon your motion, shall send for the officers.
As to the post, judge can't take money for letters without
consent of authority. Letters for H.M. service not
taken care off judge punishable. In mine Dec. 3,
signified if you did see cause, should proroge them.
I received a line from Mr. Addington, Dec. 6, when
Assembly sett, communicated same to them, but in
it not a word about the Assembly. For good reasons
did dissolve them; had I known your mind, they should
not. As for volunteers, shall promote your desire.
I think a Commission for a Major would not have been
amiss. I recommended none but what true to Crown
Government, though some others may make a specious
pretence, for I well know most persons in the Province.
I think a Major General or Major very proper to put a
C. in C.'s Orders in execution, and a Major proper where
800 souldiers are, but that as you please. Whatever
my Commission be insignificant, I will not countenance
any one day that shall attempt to make yours. Am
surprized at Assembly's [? of Massachusetts] vote,
think they mist it much the same sperritt here in all
things unless what's done must have their sanction,
hope in time things will be redrest. As to Council,
shall be called, but question whether shall have a
Quorum, for Mr. Hinks hath refused ever since I did
return to attend in Council, tho' sent to; shall avoid
contending, having once already the Government
ciezed out of my hands, shall not part with anything of
the Queen's prerogative. I am sorry a misapprehension
of my interfering on your Commission, it's far from me
etc. I granted those which I gave acct. You having
signified your pleasure therein, shall be followed, etc.
Signed, Jno. Usher. Endorsed, Recd. April 29, Read
May 2, 1704. 7 closely written pp. |
|
1425. ii. Mr. Usher's Account of the present state of the
Government of New England. The Indian War laying
heavy upon Massachusetts and N. Hampshire,
Connecticott and Road Island grants no assistance, by
reason of which the Enimy is flusht, annoys without
opposition, and in case H.M. doth not make us one
Government as well as subjects, we are not safe, and
fear the Country will be lost. As to ye humour of ye
people in generall, will not be governed by one born
amongst themselves, and is for Crown Government and
not Common Wealth. There is such discords I fear
ye saying will come to pass, a house divided cant stand.
The General Assembly at Boston suddenly proroged,
at same time left a noate to have ye soldiers disbanded, if
anything offered by Col. Dudley, though for safety and
good of ye place, coming from him will be opposed, the
Government divided and in a bleeding and languishing
condition, may well have the motto, Come over and
help us. If the Government from Connecticutt to the
Eastward (as in Sir E. Andros' time) be under one
Governmt., may be well, and lett but ye Tax in
Sir E. Andros' time, for 1d. on the 1l. yearly with dutys
and excise be ordered, that will be enough to pay the
Governor, Officers and incident charges, and lay money
in Treasury; unless be war time as may be seen by
my accts. when Treasurer. Nota. The Acts of 1d.
in ye £ yearly and dutys of impost and excise was made
by Boston Government without linmitation as to time
before Sir E. Andros did arrive, the said Acts continued
by him, the same justifiable under ye hands of ye
Attorney General and Solicitor General. When ye
Government was by Boston people ciezed out of
Sir E. Andros' hands, they writ to the King they ciezed
for him, and should only keep the peace till his pleasure
known, so from 1689 to 1692 had nothing to do to
make Laws, raise money and press men to march out of ye
Government, and now ye Enimy in ye Government,
they refuse to defend out parts, and engage ye enimy.
One year more of such proceedings will certainly loose
the country. The Country for setting up Common
Wealth Governmt., high time to curb it; when they
had ye Governmt. in 1689 to 1692 ye expedition to
Canada stood in 100,000l. Province New Hampshire
I did find in a poor condition, the Fourt out [of] repaire,
not one gun could be fired to hitt a ship. There is need
of a Company of souldiers at ye Fourt, without which
it is not safe. There is need of 50bb. powder, 100 small
arms and ammunition, and also need of a gunner, which
I humbly pray H.M. to grant. I find great sums of
money raised since 1696 etc. Repeats former criticisms.
"Partridge and Walderen a noli me tangere. . . .
Soldiers pressed by Partridge to secure Portsmouth
and his own person, and H.M. Fourt neglected, etc.
My Lord Bellomont gave Commission to Robert
Armstrong for Naval Officer; Wm. Partridge takes
away his Commission, gives the place to Sampson Sheafe;
finding him not for his turn, takes it away, gives it to
Theodore Atkinson, a great trader in shiping and not
sworn. When I arrived in New Hampshire as John
Usher had great respect, but when came into the
Province to publish the Queen's Commission, the
contrary, etc. Repeats part of preceding. Endorsed as
preceding. 1½ closely written pp. |
|
1425. iii. Copy of Mr. Attorney and Solicitor General's Opinion,
Dec. 2, 1689, relating to warrants issued for raising
money by Mr. Usher, Receiver General of New England
in 1686. Endorsed as preceding. 2½ pp. |
|
1425. iv. Minutes of Council in Assembly of New Hampshire,
July 13, 1696, Newcastle. The L.G., having laid before
the Assembly the methods he had taken for securitye
of the Province, demanded to know what irregular
method he had taken. Answered, they knew of none,
but what was for the good of the place. He demanded
of both Houses if he had taken any wrong methods or
ill conduct. Answered, Noe. Endorsed as preceding.
1p. |
|
1425. v. Minutes of Council of New Hampshire, Hampton,
Sept. 24, 1696. Capt. Walton demanded of the Council,
whether it was their pleasure he should leave the Fort.
Answered, Noe, they thought noe person fitter in the
Province. Subscribed, Note by Mr. Usher pointing
out the inconsistency of the Council's behaviour. 1p. |
|
1425. vi. Minutes of Council of New Hampshire, Newcastle,
Sept. 29, 1696. The Board confirmed above opinion.
Capt. Walton desiring to know whether he was fit to
serve H.M. in the station of a J.P., Answered, Yes. ¾ p. |
|
1425. vii. Extract from Minutes of Council of New Hampshire,
Nov. 4, 1703. relating to Capt. Hinkes. See under date,
¾ p. |
|
1425. viii. (a) Shadrach Walton to [Lt. Gov. Usher], Newcastle,
Nov. 20, 1703. According to your warrant, I demanded
the Fort and Stores of Mr. Hinks; his answer was that
himself was Commander in Chief in your Honour's
absence, and that he had his Commission from H.E.,
and till he had a warrant from him, he should not
deliver. Also, that the Province owed him a great deal
of money, and he would keep the stores until he could
be told how to come by his money. He receives the
3s. which belongeth to the Governor and signs the
passes as President. Copy. ½p. |
|
(b) John Hornabrook to [? Lt. Gov. Usher]. On
Aug. 10 the French and Indians brook the peace and
fell upon severall places at once, viz., Cascow, Blackpoint, Cape Elizabeth, Perpudook, Saucoa, Winter
Harbour and Wells; destroyed all the Cattle and all
the Inhabitants they could ketch in their owne houses.
At Purpudock they ript up one Goody Webber that
was big with child, and laid her child to her breast, and
so left her. At Sparwink River they Knockt one
Jordan's sucking child's brains out agt. a tree. The
Father of said child seeing the Indians approach went
in a frindly manner to meet them, thinking of no danger,
and shook hands with them, and as he was so doing they
knockt out his brains and scalp'd him, and took several
families and carryed them away captives; they killed
abundance of cattle and left them untouched. There
was above 1,500 bushels of Indian corn, besides other
grain, standing in the fields E. of Wells, which the
Indians took possession of, nobody venturing to destroy
it or take it away. There is quite contrary methods
now taken then was in Sir E. Andros' time, who took
ye most effectual way to destroy them and root out ye
very memory of them from ye Eastward. In Sept.
there was 19 men killed at Blackpoint about ¼ mile
from the Garrison, Capt. Willard being then in the garrison
by order of ye Governor, who as soon as ye men were
killed, he run out of ye Fourt wth. all his men aboard
a sloop, and left but 8 men behind, wch. belonged to
said Garrison, who were forced to desart ye Fort. The
men killed are to this day left unburied. J.H. was an
eyewitness to most of these transactions. Copy. ¾ p.
The whole endorsed as preceding. |
|
1425. ix. Account of H.M. Stores in Fort William and Mary,
Sept., 1696. Copy. Endorsed, Recd. April 29, 1704. 1p. |
|
1425. x. Account of Money issued out of H.M. Revenue since
1698 by order of Lt. Gov. Partridge. Total, 2,552l. 19s. 6d.
Same endorsement. 1p. [C.O. 5, 863. Nos. 70, 70.i.–x.;
and (without enclosures) 5, 911. pp. 260–273.] |
Dec. 30.
Boston. |
1426. Minutes of Council of the Massachusetts Bay. Draught
of a Commission to Major General Thomas Povey etc. for holding
Court Martials pursuant to the Act for punishing soldiers
approved. |
|
4l. 10s. paid to Col. John Wainwright for subsisting 40 souldiers
in their march to Piscataqua in Aug. |
|
3l. 15s. paid to William Lakeman for hire of his shallop etc. |
| Dec. 31. |
206l. 5s. 6d. paid on account of wages etc. of the Foot company
under Capt. Thomas Harvey. |
|
83l. 6s. paid to Capt. Benjamin Willard and his foot company. |
|
78l. 2s. 7d. paid to Lieut. Thomas Fiske and his foot company. |
|
8l. 14s. 7d. paid to Capt. Simon Willard and his foot company,
Sept. 26—Oct. 16. |
|
12l. 12s. 10d. paid to the same, Oct. 14—Nov. 9. [C.O. 5, 789.
pp. 556–559.] |
Dec. 31.
Whitehall. |
1427. Journal of Council of Trade and Plantations. Letter
from Lt. Gov. Usher, Nov. 1, read. |
|
Mr. Bridger desired their Lordships to take into consideration
ye Order of Council, Dec. 9, relating to his accounts; whereupon
the same was read; and their Lordships observed to him that
the papers thereunto annexed are imperfect, in that there is no
account of the money he has received, so that it is impossible to
state or ballance them. He promised to lay a more perfect account
before the Board. |
|
Letter from Lord Nottingham, Dec. 27, read. |
|
Petition etc. of Mr. Baber read. Resolved that the same be more
particularly considered at a full Board. [C.O. 391, 16. pp. 341,
342; and 391, 97. pp. 817, 818.] |
| [? 1703.] |
1428. Some proposals for the settling Jamaica, easing the
Crown of the future charge of sending standing forces, and the
increasing H.M. Customs, and encouraging Navigation and
Trade. H. M. to authorize some fit person to raise 2 or 3,000
Scotchmen, to have free passages and 3,000l. amongst them on
arrival, and to be settled on some 50,000 acres between the N.E.
side of Rio Grandy and the S.E. side of Port Morant; each man
to have 7 or 8 acres allotted him and 10 or 20l. etc. etc. |
|
The gross produce of one hhd. of sugar in London (1703) is
25l.; Custom, freight, and other constant charges, 4l. Remains
to the planter or importer, 21l. etc. No date or signature.
2 closely written pp. [C.O. 137, 45. No. 59.] |
| [? 1703.] |
1429. Peter Sonmans to the Earl of Nottingham. Mr. Basse,
by his indiscreet and unhandsome behaviour when last in ye said
Province so disobliged and disgusted many of the inhabitants
that his appearing under any Commission will revive and increase
the disorders etc. etc. Prays that the warrant by which he was
appointed Secretary of New Jersey may be withdrawn and assigned
to him. No date. [C.O. 5, 980. No. 32.] |
| [? 1703.] |
1430.Jeremiah Basse to the Earl of Nottingham. Sonmans
promised to supply the money to pass his patent for Secretary of
New Jersey, but instead went underhand to intercept his place
and patent. Prays the liberty of passing the patent, or he and
his family will be utterly ruined and undone. 1 p. [C.O. 5, 980.
No. 33. No date.] |
|
1431. Abstract of Grants of Lands, New York. [C.O. 5,
1134. p. 74.] |
|
1432. List of Grants of Lands, with quit rents, in South
Carolina. [C.O. 5, 398. pp. 18–20.] |
|
1433. Copies of Governors' Instructions issued in 1703 and
calendared under dates. [C.O. 5, 188.] |
|
1434. Acts of Antigua. [C.O. 8, 3. pp. 144ff; and 8, 1.
pp. 189ff.] |
|
1435. Acts of Barbados. Printed. [C.O. 30, 4. pp. 204ff;
and 30, 1. pp. 157ff; and 30, 3. pp. 374; and (MS.) 30, 6.] |
|
1436.List of Acts of Barbados, Jamaica, Bermuda. [C.O.
5, 274.] |
|
1437. Acts of Bermuda. Printed. [C.O. 39, 2. pp. 65ff;
and (MS.) 39, 4.] |
|
1438. Acts of South Carolina. Printed. [C.O. 5, 411.
pp. 91ff.] |
|
1439. Acts of Jamaica. Printed. [C.O. 139, 8. pp. 95ff;
and (MS.) 139, 9.] |
|
1440. Acts of the Leeward Islands. [C.O. 154, 6. Passim.] |
|
1441. Acts of Maryland. Printed. [C.O. 5, 730.] |
|
1442. Acts of the Massachusetts Bay, 1703. Printed. [C.O.
5, 772. pp. 221–226; and 5, 773. pp. 143ff.] |
|
1443. Acts of Nevis. [C.O. 185, 3. pp. 42ff.] |
|
1444. Acts of New Hampshire. Printed. [C.O. 5, 951.
pp. 5ff.] |
|
1445. Acts of New Jersey. Printed. [C.O. 5, 1005. pp. 1, 2;
and 5, 1004.] |
|
1446. Acts of New York. Printed. [C.O. 5, 1143. pp. 56ff;
and 5, 1145, 1146; 5, 1144. pp. 63ff.] |
|
1447. Acts of Virginia. Printed. [C.O. 5, 1380, 1381, 1382.] |
|
1703ff. |
1448. MS. Index of B. T. documents relating to the Leeward
Islands [C.O. 326, 42]; Newfoundland [C.O. 326, 45]; to
Miscellanies (1696ff) [C.O. 326, 5.i.]; Hudson's Bay (1696ff)
[C.O. 326, 38]; New Jersey (1702ff) [C.O. 326, 25]; Proprieties
[C.O. 326, 30]; Bermuda [C.O. 326, 36]; Barbados [C.O. 326,
34]; New York [C.O. 326, 27]; New England [C.O. 326, 21]. |
|
[1700–1706.] |
1449.Copies of warrants and commissions. [C.O. 324, 28.] |
|
1450. Copies of grants, warrants, commissions etc. [C.O.
324, 29.] |
|
[1699ff.] |
1451. Index to letters and Representations of the Board of
Trade. [C.O. 326, 2; and 326, 3.] |
