|
| June 21. |
403. Attorney General to [? the Earl of Limerick]. I am
of opinion [upon a case submitted of a Roman Catholic petitioning
for a grant of Crown land in New England] that a Roman Catholick
is not disabled to purchase lands in H.M. Plantations, the disabling
statute of 11 William III extending only to lands in England,
Wales and Berwick on Tweed. Signed, Edw. Northey. Endorsed,
Recd. Read June 22, 1704. Presented to the Board by the
Earl of Limerick. [C.O. 5, 863. No. 103; and 5, 911. p. 343.] |
June 21.
Whitehall. |
404. Council of Trade and Plantations to the Queen. We
see no objection to the heir of Major-General Selwyn [see June 16
and Acts of P.C., II, p. 474] being allowed to receive the sum
voted by the Assembly of Jamaica. [C.O. 138, 11. pp. 278,
279.] |
June 21.
Mint Office. |
405. Table of the Weight and Intrinsic value of foreign
coins in England, with a computation for proportioning them
in the Plantations. [Embodied in Proclamation, No. 392.i.]
Signed, Is. Newton. Endorsed, Recd. Read June 23, 1704.
1 p. [C.O. 323, 5. No. 59; and 324, 8. pp. 465, 466.] |
| June 22. |
406. Governor Lord Cornbury to the Council of Trade
and Plantations. After having several times desired Captain
Nanfan to make up his accounts with the 4 Companys of Fuzileers,
after many delays he brought me an account stated by a Dutchman here, which had neither head nor tail. I told Mr. Nanfan
his accounts must be stated by way of debtor and creditor, but
it seems the persons he employed either could not or would not
understand that method, for he brought me two accounts afterwards in no better a method than the first, so seeing there never
would be an end that way I ordered the accounts to be stated
as I have seen it done in England, under the heads of subsistance,
clearings and off reckonings according to the establishment and
muster rolls, and a copy to be given to Capt. Nanfan, after he
had had it some time I laid another copy of that account before
the Councill, and desired them to consider it well, to send for
Capt. Nanfan and hear his objections, if any he had, and make
a report to me upon the whole matter, accordingly they did
make a report which I here send inclosed with the account abovementioned, which I hope will prove to your satisfaction. I am
sure if I had not taken this method, I should not have been able
to have sent over his accounts these three years. Deals at length
with Capt. Nanfan's Accounts. [Set out New York Documents, IV.,
pp. 1100—1103.] Signed, Cornbury. Endorsed, Recd. 8th, Read
22nd Aug., 1704. 3 large closely written pp. Enclosed, |
|
406.i. List of papers, relating to the accounts between
Capt. Nanfan and the Forces at New York. 4 pp. |
|
406. ii. Capt. Nanfan's Account with the Four Companies.
2 pp. |
|
406. iii. Capt. Nanfan's Account of money paid in England
and received by him. 3¾ pp. |
|
406. iv. Capt. Nanfan's Account of Subsistence, clearings and
offreckonings of the Four companies, Dec., 1700–1701.
7 pp. |
|
406. v. Capt. Nanfan's Account of subsistence of the Forces,
Dec., 1701—May 8, 1702. 1 p. |
|
406. vi. Abstract of above accounts to May 8, 1702. 1 p. |
|
406. vii. Deposition of E. Wilson, High Sherrif of New York,
that he arrested Capt. Nanfan on Oct. 2, 1702, on suit
of the Queen, and on his giving security to answer for
any sums he should be found indebted to the Crown,
he was immediately discharged. He has since arrested
him on several suits for debt, in four of which (brought
by John Theobalds, Capt. James Weems, and William
Glencross) he hath given no bail and therefore remains
in custody. Signed, Ebenezer Willson. 1 p. [C.O. 5,
1048. Nos. 83, 83.i.–vii.; and (without enclosures) 5,
1120. pp. 156–171.] |
June 22.
Whitehall. |
407. W. Popple to J. Clifford. Encloses following. [C.O.
389, 36. p. 197.] |
June 22.
Whitehall. |
408. W. Popple, jr., to Saml. Shepard, John Gardner etc.
The Council of Trade and Plantations desire you to despatch
your report on Mr. Clifford's accounts. [C.O. 389, 36. p. 197.] |
June 22.
Whitehall. |
409. Order of Queen in Council to Governor Nicholson.
CommunicateOrder of Council June 15 and papers referred to.
[C.O. 5, 1360. p. 484.] |
June 22.
New York. |
410. Governor Lord Cornbury to the Earl of Nottingham.
Your letter of July 22 came to my hands April 23, the Dreadnought having been driven into Barbados etc. I beg you to
assure H.M. that I will dilligently obey her commands to treat
the Captains of the men of war with all civillity etc.; I hope
H.R.H. will command them to be careful in keeping their men,
for sometimes it falls heavy upon these Collonys by reason of
the desertion of the seamen, and it falls heavier upon this then
upon any other, because of the ill methods of our neighbours of
Connecticut and Rhode Island, who protect all deserters both
from the garrison here and from H.M. Ships, and will not let
us have them, though we shew them the men, now if a ship comes
into port and wants 40 men, the Queen having commanded me
to provide soe many men as any of her ships may want, the
Captain will have his full complement made up, this often
occasions our young men to run away, either into New Jersey
or Connecticut, and sometimes settle there, which is a great
losse to this Collony. etc. The French of Canada and their Indians
have done a great deal of mischief upon the Eastern borders
of New England the last summer, last winter and this spring.
They cut off Deerfield etc. owing to the negligence of the people,
who did not keep guard so carefully as they should have done,
though I had sent them notice a considerable time before that
the ennemy was preparing to attack them, the design of the
French was brought to my knowledge by some spys which I
have kept in the Indian country ever since the warr has been
declared, and they have proved very true to me, for they have
brought me word from time to time of all the preparations the
French have made, of which I have constantly given Col. Dudley
notice; the ennemy have not yet attempted anything upon our
northern frontiers. I will take all the care I can to be in as good
a posture to receive them as possible; though all manner of
stores of warr are very scarce with us, there having been none
sent since I came hither, soe that a great deale of the powder is
spoiled. I hope the Queen will order us a supply both of arms
and ammunition. I have acquainted the Merchants here with
H.M. favour granting them the liberty to trade to the Spanish
West Indies; they are very sensible of H.M. great goodnesse
to them etc. Signed, Cornbury. Holograph. 4 pp. [C.O. 5,
1091. No. 10.] |
June 23.
Whitehall. |
411. W. Popple, jr., to Mr. Lownds. The Council of Trade
and Plantations desire you to move my Lord Treasurer for 400
copies of H.M. Proclamation for ascertaining the rates of foreign
coins, to be transmitted to the Plantations by the West India
Packet Boat on Thursday. [C.O. 324, 8. pp. 456, 457.] |
June 23.
Whitehall. |
412. Sir C. Hedges to Governor Dudley. You are to assist
Mr. John Taylor, he being under contract with the Navy Board
for importing masts from New England, and you are to take all
necessary care that they be not destroyed by the Indians, and
likewise to give your countenance and assistance to his Agents in
building a ship in New Hampshire, which he intends to employ
in that service. Signed, C. Hedges. [C.O. 324, 30. p. 6.] |
June 23.
Whitehall. |
413. Council of Trade and Plantations to Mr. Secretary
Hedges. In pursuance of yours of June 2, requiring us to consider of a premium to be allowed on importation of pitch and
tarr from the Plantations. we have discoursed with several
persons well acquainted with that Trade, and humbly offer that,
tho' the said merchants demand 10s. per barrel imported, i.e.
4l. per tonn, as the least premium that can be offered with hopes
of success, we humbly offer that for a tryal 3l. be allowed for
3 years from Jan. next. The consideration of a fund for such
a premium is proper to be laid before the Parliament at their
next Session. We humbly offer that these commodities thus
imported from the Plantations may be exempt from the duties
to which they are now lyable; for though these duties are but
low in the Book of Rates, vizt. 7 or 8s. per tonn, yet when it shal
be publickly known in the Plantations that Naval Stores may be
imported Custom Free into England, it will give a further
reputation and incouragement to the Trader, and we humbly
conceive an equivalent to be made to H.M. instead of this duty
will likewise fall properly under the consideration of the
Parliament at the same time. Endorsed, June 27, 1704. 2 pp.
[C.O. 5, 3. No. 16; and 324, 8. pp. 457–459.] |
| [June 24.] |
414. Accounts of the Commission for Trade and Plantations,
Christmas, 1703—Midsummer, 1704. Petty expenses, 42l. 15s. 5d.;
Stationer's Bill (Wm. Churchill), 36l. 9s. 8d.; Wm. Short, the
Postman, 34l. 4s. 11d.; wood and coals, 33l. 9s. 1d. The whole
endorsed, Recd. Read Aug. 18, 1704. 10 pp. [C.O. 388, 75.
Nos. 92–95.] |
June 24.
New York. |
415. Governor Lord Cornbury to the Council of Trade and
Plantations. There was such an unwillingness in my
Lady Bellomont's Agents here to state her accounts, that they
would never hear of any method, nor would produce any muster
roll, or other voucher, unless I would consent to charge my
Lady with no more than what they said my Lord Bellomont's
Agents had actually received, without producing any account
from the Office, by which I might have known the truth of what
was paid by the Agents. This I thought I ought not to do,
therefore I have stated her accounts by way of debtor and
creditor and have made the charge according to the establishment, supposing the Companys to be compleat (because I could
see no muster rolls) and I have allowed in discharge all that
Mr. Champante has (by his accounts) thought fit to give my
Lord Bellomont credit for. I hope your Lordships will approve
of this method, which I think will be the shortest way to bring
these accounts to a conclusion. I beg leave to observe to your
Lordships that my Lady Bellomont has presented several petitions
to the Queen, whereupon Lord Nottingham has signifyed to me
H.M. pleasure that my Lady Bellomont's security should not be
prosecuted yet for some time. These repeated petitions oblige
me to inform your Lordships of the truth of that whole matter,
which is thus: On my arrival I had a great number of petitions
delivered to me by several Officers of the four Companys here,
the Staff Officers and several other persons who had trusted the
souldiers, setting forth that there were great arrears owing to
the Companys here by the late Earle of Bellomont, that the
Countess was going for England, that they should be ruined
unlesse some care was taken that they might be paid; upon
this I sent to my Lady Bellomont to desire that she would appoint
somebody to state the late Earl's accounts, and I appointed
five gentlemen here to settle those accounts, with whomsoever
my Lady should appoint on her part, after which I went up to
Albany, but stopping in the County of Ulster, I received there
an account that my Lady complained that the Commissioners
did not attend, which was a delay to her accounts, whereupon
I added four more to the first five that there might always be a
quorum, my Lady thought fit to trust one Mr. Taylor, who had
been the late Earl's private Secretary, who did appear sometimes, but either could not or would not produce all the muster
rolls for my Lord Bellomont's time. Mr. Ling and Mr. Cholwell,
who appeared as friends to my Lady Bellomont, offered that her
Ladyship should account for 9,563l. 13s. 2d., that being all (as
they said) that the Earle of Bellomont or his Agents had received,
but not producing any account from the Office to satisfie the
Commissioners that-it was so, they did not think fit to allow of
that, and went on with the full charge; but Mr. Taylor, seeing
that, would proceed no further; being informed of this by one
of the Commissioners, I wrote to the Attorney General, to desire
him to go to my Lady Bellomont, and acquaint her that since
her Agents did not think fit to go on with stating the late Earle's
accounts, and her Ladyship was preparing to leave this Province,
I should expect she should give security to answer all such sums
as should appear (upon the stating the late Earl's accounts)
to be due to the Crown, or the forces here, and I directed the
Attorney General to insist upon a security of 10,000l., and this
I did because, by the complaints made, I had reason to beleive
there would be more due; the Attorney General did as I
had directed him, and my Lady sent to me by young Mr.
At wood the names of several persons who were willing to
be bound with her, to know if I aprouved of them. I sent that
list back and left it to the Attorney General to take the persons
he should think fit, and he insisting to have the security dispatch'd; under pretence of the sicknesse that then raged here,
her Ladyshippe thought fit to remove from this City into King's
County, where she staid till Capt. Caldwell, with H.M.S. Advice,
was ready to sail. Mr. Attorney General being informed that
my Lady did intend to go privately on board the Advice, took
out a writ against her, and sent for the Sherrif of King's County,
gave him the writ and ordered him to make what dilligence
he could to execute it, and directed him, as soon as he had done
so, to send him word of it that he might wait upon my Lady
to take her security. The Sherif took the writ and I suppose
acquainted her Ladyshipp with it, for the next day the Sherrif,
under pretence of having executed his writ, sent the Attorney
General word he had done his duty and had taken security from
my Lady Bellomont to the value of 10,000l. Mr. Attorney,
surprized at this, went over the water to inquire into that matter,
and found that my Lady was gone on board, and that the Sheriff
had taken a joint bond from two men for 10,000l., who are not
worth 10l. apiece. I have never directed any proceedings against
them, nor did I intend to do it till I had directions from England,
therefore her Ladyship needed not have troubled the Queen soe
often about that matter, when she knows what I say to be true,
however I shall always obey the orders I receive. Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704. Holograph.
4 pp. [C.O. 5, 1048. No. 84; and 5, 1120. pp. 171–176.] |
June 24.
New Yorke. |
416. Governor Lord Cornbury to the Council of Trade and
Plantations. I trouble your Lordships with this letter to
acquaint you with an accident lately happened here, which is
as follows. On March 13 arrived here the Eagle galley,
Capt. John Davison commander; the Collector, Mr. Byerly
went himself on board the galley. When she was about six miles
below the town, at his landing, he told me it was a ship belonging
to Sir Jeffrey Jeffreys, that she came from London, had been at
Madera and taken a cargo of wines there, and that she had some
Canary wines on board, which he said he thought was contrary to
the Laws of Trade, since they were not shipped in England,
but in Madera. I told him I could say nothing to that till I saw
what entry he made; the ship anchored that evening in the Road,
and the next morning Mr. Wenham and Capt. Davison came
to me and told me they were under a very great difficulty, because
part of the cargo of the ship had been put on board for the Island
of Jamaica the last year, but that having taken a prize near
Madera he landed the goods intended for Jamaica at Madera,
and took on board his ship as much of the Canary wines that were
in the prize as he could and sayled for England, where (as he says)
the prize and cargo were condemned in a Court of Admiralty,
that afterwards he was ordered to take on board his ship the
goods which he had left at Madera and bring them to this Port.
Capt. Davison further said that when he arrived at Madera
he found all his goods, but that the cocketts (which he had left
with his goods) were lost, and that for want of them the Naval
Officer here would not take his entry. I told them I was sorry
it was so, and the more because I did not see how I could help
them, but that if they could propose anything that I could do,
and that was fitt for me to do, I should be ready to give them
all the assistance I could, upon this Mr. Wenham (who is
Sir Jeffrey Jeffrey's Correspondent here) told me he would give
me what security I should direct to produce cocketts in any
reasonable time. I told him I would consider of it and would
give him an answer very quickly, and in order to it I sent for
the Attorney General and asked his opinion how far I might
comply with Mr. Winham's proposal, he told me that if the intent
of the Law was answered, trade ought to be incouraged, that
if they gave sufficient security to produce cocketts in a reasonable
time, he was of opinion the Queen would be safe, and the intent
of the Laws of Trade answered; upon this I did direct security
to be given for the value of the goods according to the prices
set down in the invoyce with 100 per cent. advance, which is ye
profit commonly made here by merchants, this being done the
Naval Officer took his entry and certifyed to the Collector as he
ought to do, whereupon the Collector suffered the Capt. to enter
his goods in the Custome House, to unload and carry the goods
to Mr. Wenham's warehouse, where they were exposed to sale
and several of them sold till March 21 or 22, that the Collector
came to me and told me he must seize the Eagle, for she had
imported European goods, which were not shipped in England,
which he said was contrary to an Act of Parliament, 15 Charles II,
by which the ship and all her cargo was forfeited, and he brought
with him a lawyer to satisfye me that it was so, who produced
to me Wingate's Abridgement of the Statutes. After I had read
it I told him I thought that by that Statute it was plain that
nothing could be forfeited but those European goods so unlawfully imported, and the ship, but that no other part of the cargo
could be affected by that clause (7). He then told me there
was cocketts wanting for several parcells of goods. I told him
it was true, but that Mr. Wenham had given me security to
produce cocketts within a limitted time. He then said they
had no register. I told him that the ship was registred, and
that if I had not been satisfyed of that the Naval Officer should
not have certifyed as he did, upon that he told me he had other
things to alledge against the ship, and that he would seize her
and her cargo. I told him if he told me what those things were
I would tell him my thoughts of them, but he did not think fit
to tell me, on the next day seized the ship and all the goods,
as well those for which cocketts were produced and those for which I
had given time to produce cocketts, as the Canary wines; upon
this Mr. Wenham brought me a petition (enclosed) setting forth that
the Eagle and her lading had been seized by the Collector upon
supposition of some breach of the Act of Trade, of which he did
not suppose her guilty, and therefore pray'd the ship and cargo
might be discharged and the seizure taken off. Upon this I
called a Councill and acquainted them with the whole proceeding,
and desired their advice and opinion what was proper to be done;
they desired time till the next day, which I gave them, and then
they gave me their opinion that they did not think any part of
the cargo was within the Statute of 15 Car. II, except the Canary
wines and the ship, and they said that tho' a seizure had been
made by the Collector, yet there being no libell filed in the Court
of Vice-Admiral, I might discharge the seizure, and that since
the goods on board that ship were sent hither to pay the soldiers,
and that the Laws of Trade were not broken, they were of opinion
the seizure ought to be taken off from all the goods, except the
Canary wines and the ship. Upon this I sent an order to the
Collector to take off the seizure from all the goods except
the Canary wines and the ship etc. This order he obeyed, and
Mr. Wenham went on selling his goods as he did before the seizure,
on or about March 27 Mr. Collector came to me again and told
me he must seize the Eagle galley again. I told him I hoped
he would consider well what he did, unless he could shew me
some new cause for it, I should order him again to take it off,
he shewed me no new cause, but did seize the ship again and all
the goods at Mr. Wenham's unsold or at least undelivered.
Mr. Wenham came and acquainted me with it, and I sent a
second order to the Collector to take off that second seizure,
but he refused to do it. In some few days after this Mr. Monperson,
the Judge of the Admiralty, came to town, being sent for by
the Collector. He acquainted me that the Collector had told
him he had filed a libell against the Eagle and all the cargo, and
desired him to appoynt a Court for the tryal of the said ship,
which he said he would not do till he had spoke to me. I gave
him an account of the whole matter, and told him that since
I had given Mr. Wenham time to produce cocketts upon the
reasons before mentioned, I did not think it would be proper
for him to try the ship upon that head, and that I would send
him a messuage by the Queen's Advocate (copy enclosed). Also,
that if he thought fit to try the ship upon account of the Canary,
I had nothing to say against it. He did hold a Court and upon
hearing the Proctors on both sides relating to the importing
of Canary wines from Madera, the Proctor for Capt. Davison
insisted that the Canary wines might be imported because they
were prize goods and condemned as such in a Court of Admiralty
in England, and desired time to prove the same, the Judge thought
fitt to grant them time. I hope I shall have your approbation
for what I have done, if I have erred I am sure nobody can think
I had any private interest in hindring the condemnation of that
ship, it was certainly my interest she should have been condemned, for then I should have had my third which would
have amounted to above 3,000l, and perhaps by H.M. grace
and favour I might have hoped for the Queen's thirds too; which
would have been a much greater proffit than I can ever hope for
in this country, but besides that I thought the seizure of all her
cargo unjust in itself, I considered that if all the cargo of that
ship was condemned the forces here must have starved, for
Sir Jeffrey Jeffryes's Correspondent would have found it very
difficult to have found money to have paid the forces here;
what the consequences of that would have been may easily be
seen, for the soldiers desert now they are well paid, certainly
if such an accident had happened they would all have deserted.
I am informed by several persons here that Mr. Byerly has sent
great complaints against me into England, what those complaints are, or to whom they are sent I know not, but sure I am
that I have never given that gentleman any just cause of complaint, unless his being disappoynted of the third he thought
to have had by the condemnation of the Eagle be a just cause
of complaint. Mr. Byerly has given me many causes of complaint,
yet because I have told him of them I am in hopes he will amend
them, therefore I will not trouble your Lordships with them now,
tho' I beleive at last I shall be forced to it, in the mean time
I begg your Lordships' directions in one thing, which is this,
in my Instructions I am commanded [not] to suffer any publick
money to issue, but by warrant under my hand and seale [sig]ned
in Council, which I have punctually observed in all cases except
Mr. Bierley's, and in his Commission the Queen is pleased to
grant him a sallary of 200l. sterl. a year out of the revenue of
this Province, which he is directed to retain in his hands, this
seems in some measure to contradict that clause of my
Instructions, however, I have not insisted upon this matter
with Mr. Bierley, but have suffered him to retain his sallary,
nevertheless I intreat the favour of your Lordships' commands
how I shall proceed for the future in this matter. All the favour
I presume to begg of your Lordships upon this occasion is that
you would not let any reports or stories make any impression
upon your Lordships to my disadvantage till I may have
opportunity to justify myself, which I do not question the doing
to your Lordships' satisfaction whenever you will be pleased
to let me know what I am accused of. Signed, Cornbury.
Endorsed, Recd. 8th, Read 22nd Aug., 1704. 4 large pp.
Enclosed, |
|
416. i. Copy of proceedings of the Court of Admiralty, April 8,
1704, against the Eagle galley, as above. Endorsed,
Recd. Aug. 8, 1704. 60 pp. [C.O. 5, 1048. Nos. 85,
85.i.; and (without enclosure) 5, 1120. pp. 177–186.] |
| June 24. |
417. Lt. Gov. Usher to the Council of Trade and Plantations.
Refers to letters of June and October. Thank God the enemy
hath made no attack on Province New Hampshire. Coll. Romer
all this summer hath bin at New Castle, repaired the Fourt,
which is now in a very good posture of defence, the only thing
wanting is men, armes and ammunition. Major Walton hath
a Commission for Captain of the Fourt. It was my misfortune
to be Treasurer in Sir E. Andross' Government, in that time
advancing for the same 1,038l., was by the late King favoured
with several orders to the Government Province of Massachusets
Bay to pay the ballance or render a reason for not so doing.
This twelve years could not obtain either. In June last had
a Committee appointed by the General Assembly and make
report what thinck proper to be done, objection being onely
against Sir E. Andross' sallary, and be explained how itt did
arise, which report accepted by Governour and Council, Assembly
did break up doeing nothing. In Oct. H.E. moved I might
give my answer, and be heard. Nov. 15, appointed, gave in
my answer, with Address to pay me the ballance with interest
which amounted to above 900l. Finding no payment nor rendring
a reason, pray my case may be laid before H.M. and that H.M.
would give orders positively for payment thereof. Being called
to account for raising money and how disposed I privately made
my escape to England, and there rendered account and made
it up with Auditor General. I stay'd three years in England
before dispatch'd which did stand me in 400l. sterling and no
business but as Treasurer to render account to the Crown, so
that my case hath bin attended with great hardship. Signed,
John Usher. Endorsed, Recd. 1st, Read 12th March, 1704/5.
Addressed. Sealed. 1 p. Enclosed, |
|
417. i. Copy of Mr. Usher's Memorial to the Assembly of the
Massachusetts Bay, praying to be reimbursed the money
he issued out when Treasurer in Sir E. Andross' time.
1¾ pp. |
|
417. ii. Copy of Report of Committee upon Mr. Usher's
Accounts and proceedings of the Assembly of the
Massachusetts Bay thereon (May 31, June 28, Nov. 3,
Nov. 9, 1704). 2¾ pp. [C.O. 5, 863. Nos. 104, 104.i.,
ii.; and (without enclosures) 5, 911. pp. 452–455.] |
| June 24. |
418. Attorney General to the Council of Trade and
Plantations. I have considered the Report of the Attorney and
Solicitor General of Barbados, and am of opinion that no proceedings can be now had on the Commission therein mentioned
to have been granted pursuant to the late Act of Parliament,
and that therefore to enable the proceedings in the Barbados
according to that Act it will be necessary that a new Commission
be granted according to the directions of that Act, but without
the help of that Act, the Lord High Admiral or his Lieutenant
or Commissary in the Court of Admiralty may proceed against
pirats and condemn them by the Maritime Lawe, but that way
hath been disused since the statute of 28th Hen. VIII. Signed,
Edw. Northey. Endorsed, Recd. Read July 6, 1704. 1 p.
Enclosed, |
|
418. i. Copy of opinion of the Attorney and Solicitor General
of Barbados. Jan. 12, 170¾ (q.v.). Signed, E. Chilton,
Wm. Rawlin. 3 pp. [C.O. 323, 5. Nos. 50, 50.i.;
and 324, 8. pp. 472–475.] |
| [June 27.] |
419. Council, Justices, Officers and Inhabitants of Bermuda
to the Queen. Return thanks for continuing Lt. Governor
Bennett, who hath given many demonstrations of his loyalty to
H.M., zeal for the Protestant Religion, impartial justice, and
care for the fortifications and Militia, etc. 413 signatures.
Endorsed, Recd. Read June 27, 1704. 1 large sheet of parchment.
[C.O. 37, 6. No. 18.] |
June 27.
Martinique. |
420. Col. Lambert to Mr. Clayton, M.P. Taken prisoner
in a Dane sloop, encloses petition by others at Martinique that
an exchange of prisoners may be arranged. Continues: "We
have had 163 vessels brought in here since the warr, and since
my imprisonment sloops of 4 and 6 guns have brought in good
ships of 18 to 24 guns for want of being better man'd—there is
about 30 privateers now belonging here, so that it's almost
impossible for a vessel to pass to or from the Islands without
a good convoy, and then they take some from them. Our
friggotts sailing so heavy, they run round them at their pleasure,
being in sloops which you know keeps the wind better than any
ship can. This Island have a grate trade with the Spaniards,
their vessels pas and repas without molestation, they bring
great quantities of money here, which they send home in their
men of war and great merchantmen, which are always well
mann'd. There is lately arrived a small Spanish ship of 6 guns
from Laverdecruise with about 800,000 pieces of eight, they
have two French men of war, each 50 guns, goeing ritchly loaden
to the coast of New Spaine as well to trade as to protect their
small trading vessels there, and the convoy of this fleet has 50
guns ritchly loaden with money and merchandize, which has
been trading on that coast this two years and commanded by
M. Laroux; had we some good cruising ships to lie about this
Island, they should retake our ships as they bring them in, destroy
some of their privateers and take mighty ritch prizes of theirs
which use the Spanish trade, as well as Spanish ships that trade
here. As for our New England trade, it's at a stand, wee having
no exchange of prisoners, they will not venture to sea, which is
a great detriment to the Plantation Trade, and for want of cask,
several will be forced to binn their sugars, etc. The French
gentlemen have offered to lay me wagers, that we shall not have
an English Island left by next December, saying they are certain
to have a fleet sent out with sufficient force to take all the Islands
before that time etc. Signed, Mich. Lambert. Endorsed, Recd.
Read Dec. 20, 1704. 2 pp. Enclosed, |
|
420. i. H.M. subjects prisoners at Martinique to the Queen.
To the number of 300, some whereof have been here
16 months in close prison, pray for an exchange of
prisoners. When this war first began, there was a
mutual exchange of prisoners continued here for some
months, but a truce sent from hence to Barbados was,
through some needless jealousies, seized on there, and
a breach of articles ensued. Should all our grievances
be related, they would amaze even the least thoughtful.
These 16 months has brought hither 100 prizes and
1,500 odd men, and yet of all these there's now but a
small remainder here, renegadoes, death, change of
religion and many bewitching French artifices having
devoured the others. Necessity has forced more
than 500 to take up arms against a Kingdom and
Religion they love. This and much more has been
related to the rulers of Barbados and Antigua, and
yet no redress can be had, nor no petition in the
least regarded. The only excuse they have is the
depopulating the French privateers, but your poor
subjects who through meer necessity have revolted
from you here, are more then twice the number of French
that have been taken by your Majesty's arms in these
parts. When we sent our petitions to those Governors,
we all obliged ourselves to serve your Majesty for 6
months without pay. Signed, Maniford Howe, William
Forster, John Parry, John Molineux, Tho. Holland,
Wm. Simmons, Thomas Tuder, John Tankerd. Refinery
Prison in Fort St. Peirs, Martinique. June 26, 1704.
2 pp. [C.O. 152, 5. Nos. 73, 73.i.] |
| [June 27.] |
421. State of the Regiments at Jamaica. A Regiment in
the West Indies now consists of 10 Companies, each Company
consisting of 2 sergeants, 2 corporals, 1 drummer, and 34 private
men; to which they now intend to add 16 sergeants, 16 corporals,
14 drummers and 210 private men, to make the complyment
of 12 Company and 55 private men. The two Regements now
in Jamaica and the Regement in the Leeward Islands are the
same. Endorsed, Presented to the Board by Capt. Gardner.
Recd. Read June 27, 1704. ½ p. [C.O. 137, 6. No. 55.] |
June 27.
New York in America. |
422. Attorney General of New York to the Council of Trade
and Plantations. Refers to letter of Dec. 12, 1702. I hear nothing
of the renewal of my Commission of Advocate General to my
great loss, Gov. Dudley appointing his son to officiate in that
place at Massachusets Bay and Rhode Island, two of the chief
places of proffitt in my Commission: especially Rhode Island,
which lies as convenient for me as him. I am informed that
Coll. Dudley does apply home for a Commission for his son to
be Advocate General in those Collonies, as he hath already
procured one for him to be Attorney General at Massachusets
Bay; nothing of this nature I am sure can pass without your
Lordships' privity. I will therefore submit myself and my affairs
to your Lordships' care and to H.M. good pleasure, etc. The
evill treatment I met with by Mr. Attwood's and Weaver's means,
the first year of my being here, run me so far in debt that the
proffits of both Commissions hitherto have not maintained my
family and discharged it, by above 100l. sterl., though I have
taken aid of my salary in England also. The chief ground the
Coll. goes upon in this matter is because I have not been at those
places to shew my Commission and take the proper oaths, to
which I answer that when Mr. Attwood at our first arrival went
to Boston to shew his Commission as Judge of the Admiralty, he
was not willing to have me with him, told me there was no business
then to be done (though he found some to his no small vexation),
and that he would give them notice of my Commission, and it
would be time enough to shew it and take the oaths when
there was occasion to hold a Court, which I resolved to do; but
no Court of Admiralty being held at those places till after the
death of the late King, I thought my Commission determin'd
and apply'd to your Lordships for a new one, but have not been
yet favoured therewith. And divers Courts have since been
held at Boston and Rhode Island by Mr. Newton, Deputy to
Mr. Atwood, but no notice given me thereof, tho' several condemnations of value were there had, and they knew of my Commission yet appointed others to be Advocates, tho' the Queen's
Proclamation made my Commission good untill H.M. pleasure
be further known, and I was ready to do my duty in my place,
had I had the civility of notice given me as I ought. Nor am
I without my uneasiness in this place, even from those that have
H.M. Commission as well as my self. Mr. Byerly, Collector and
Receiver General, takes upon him to controul me in my Offices
and to defame me publickly to the people with neglect of duty
to H.M. and her affairs, having behaved himself very rudely and
insolently towards me in divers places and companys where we
have accidentally mett, and once at the Chief Justice's lodgings,
where he gave me very base and scurvey language, and told me
he would appoint whom he pleased to do the Queen's business,
which is more than my Lord Cornbury will do, for he gives me
the liberty of choosing whom I think fitt to my assistance in all
causes of difficulty wherein H.M. is concerned that do require
it, without forcing any upon me. These matters reached H.E.'s
eares without my bearing, who of his own accord told me he
he would do me right therein, whenever I would desire it. I have
forebore hitherto taking that method in respect to Mr. Collector,
knowing him then to be in H.E. displeasure for other matters
which I was not willing to stir up afresh against him, but rather
chose this way of acquainting your Lordships that he may receive
a gentle and proper admonition from you. The ground and
occasion of all this long story was no more than this. The Officer
of Excise had made a seizure of some liquors and was going to
proceed irregularly as I thought upon it, so I pray'd H.E. that
I might give directions to the Officer and J.P.s before whom
the matter lay to stay further proceedings, till the matter was
better enquired into. I hope you will be so far on my side as
to allow me the power of staying or proceeding in the Queen's
Causes as I think proper for H.M. interest, and that the subjects
may not be oppressed. Another matter hath sett Mr. Collector
more at odds with me. Mr. Collector consulting some of the
town lawyers was inform'd that the Eagle galley [see June 26]
was liable to seizure for breach of the Acts of Trade and Navigation, upon which he sends to me to give him and one of them
a meeting, which I did, the points layed before me were the
want of a Register, not being duely navigated with Master and
men (either of which I agreed to be a totall forfeiture) and
importing Canary wines, which were said to be European goods
not brought directly from England etc. I differ'd with that
gentleman in that point of the wines being European goods,
and judged them not within that clause of the Act. But if they
were as prize, I thought they might be carryed into any H.M.
Dominions without incurring any penalty. The seizure was
made, and then H.E. received a petition from Col. Wenham,
that the seizure might be taken off. The Petition was referred
to myself and other gentlemen of the Councill. I with some
others were of opinion that the Governour (if he thought fit)
might discharge any seizure of this nature before information fyled,
it being wholly in the Queen's hands and power till then. H.E
appointed an Order to be prepared for that purpose; in the
meantime Mr. Collector sends to me to draw an Information
against the galley and cargo, or give way to some body else to
do it. I refused both with this answer, that the matter of the
seizure had been under the consideration of my Lord Cornbury
and the Councill, and I could do nothing in it till I knew the result
of that. In a very little time after Mr. Collector received the
Order of discharge from H.E., and with great reluctancy at length
took off the seizure from the galley, but in a day or two reseized
her, filed an Information and put her in suit without ever consulting me at all, as the way was in Mr. Attwood's time, tho'
I desired no Information might be received but from my
hands, the Queen's and Governour's interests being above the
informer's, and often times such lame and imperfect ones have been
filed in hast to gett the benefitt of informing that have cost much
time and labour to sett them right; and I could heartily wish
some directions to my Lord Cornbury might be obtained
from H.M. for the settling of this point, or to the Judge
of the Admiralty. Upon the second seizure of the galley,
H.E. told me he was sure she was well registered, and duly
navigated, then there was only the point of the wines, and
some goods that wanted cocquetts, the want whereof (unless
I have overlooked and missed the Statute) affects not the vessell,
only are liable to seizure themselves, or a double value to be
paid by owner or lader of them. H.E. commanded me upon the
discourse we had (without any stated points in writing) to peruse
the Acts of Trade and Navigation and give him my opinion of
them in relation to the present case under my hand, which I did
as above; for which Mr. Collector declares me opposite to the
Queen's interest, and consequently not fit to serve H.M. etc.
The cause at present stands upon security to produce cocquets
and make out the point of the wines to be no forfeiture. I thank
God the power [of Government here] is now in H.M. subjects of
England, tho some of them are not so thankfull for it as might be
expected from them. There are some Republican spirits amongst
us, some that retain the leven of the late factions and disorders,
which render the administration at present not so easy and
current as it ought, even the Assembly, which are just dismist,
have shewed some touch thereof in the disputes they have had
with H.E. this Sessions. But they are not many, and H.E. knows
them to a man, and will be vigilant over them etc. Prays for
liberty to answer any charge brought against him before any
censure be passed. Signed, Sa. Sh. Broughton. Endorsed, Recd.
Read Oct. 19, 1704. 4 closely written pp. [C.O. 5, 1048. No. 87;
and 5, 1120. pp. 220–230.] |
June 27.
New York in America. |
423. Mr. Broughton to the Earl of Nottingham. I hear
nothing of my Commission for Advocate General in the Court of
Admiralty. The want of it is a great loss to me, and I am informed
Governor Dudley is endeavouring to deprive me of it for his
son etc. Signed, Sa. Sh. Broughton. Endorsed, R. Aug. 11,
1704. 1 p. [C.O. 5, 1091. No. 11.] |
| June 29. |
424. Circular Letter from the Council of Trade and Plantations
to the Proprietors of H.M. Colonies in America. Enclose H.M.
Proclamation for settling and ascertaining the rates of forreign
coines in ye Plantations … that the same may be published
in the most solemn manner in H.M. territories under your Lordships' Propriety. And whereas H.M. by the said Proclamation
does require that Peru peices of eight, dollars and other species
of foreign silver coines, shall stand regulated according to their
weight and fineness in proportion to the rate set for peices of
eight, of Sevill, Pillar and Mexico, and the Master-worker of the
Mint having informed us at what rates those foreign coines ought
to pass in the Plantations according to the said proportion,
we send your Lordships the inclosed table that it may be fix'd
in publick places and observ'd accordingly. |
|
This postscript was added.—In ye inclosed table your Lordships
will find Peru peices of eight are computed to pass in the
Plantations at 5s. 10½d., but we are well informed that of late
years some of those coines are made lighter and some with more
alloy than formerly. Therefore your Lordships will do well to
have a watchfull eye upon that species, because this computation
is for the best sort. Those other sorts that are lighter or baser
ought to be regulated to pass in proportion to their weight and
fineness. These words were added to Mr. Penn;—Upon this
occasion we are to mind you of sending forward H.M. Order in
Councill for repealing the Pennsylvania Act for settling ye rates
of foreign coines in that Province, and to desire you to let us know
by what ship you shall send it. Annexed, |
|
424. i. Table of rates according to which all foreign coine
may pass in H.M. Plantations. [See June 15.] [C.O. 5,
1291. pp. 39–41.] |
| June 29. |
425. Similar letter to Governors of Plantations. [C.O. 324,
8. pp. 467–469.] |
June 29.
Whitehall. |
426. Circular letter from Council of Trade and Plantations
to the Governors of Plantations in America. H.M. having been
informed that intelligence has been had in France of the state
of the Plantations by letters from private persons to their
correspondents in England taken on board ships coming from
the Plantations and carryed into France, which may be of
dangerous consequence, if not prevented for the future, it is
therefore H.M. pleasure that your Lordship signify to all
merchants, planters and others that they be very cautious in
giving any account by letters of the publick state and condition
of the Provinces of New York and New Jersey under your Government, and your Lordship is further to give directions to all
Masters of ships, or other persons to whom you may intrust your
letters, that they put such letters into a bagg with a sufficient
weight to sink the same immediately in case of imminent danger
from the enemy, and your Lordship is also to let the merchants
and planters know how greatly it is for their interest that their
letters should not fall into the hands of the enemy, and therefore
that they should give the like orders to the Masters of ships in
relation to their letters. And your Lordship is further to advise
all Masters of ships that they do sink all letters in case of danger
in the manner beforementioned. [C.O. 324, 8. pp. 470, 471.] |
June 30.
New Yorke. |
427. Governor Lord Cornbury to the Council of Trade and
Plantations. Your Lordships' letter of April 29, 1703, and of
July 29, 1703, are come to my hands. You take notice that
since that you have not heard from me, I intreat you to consider
that the losses our people here have had in their shipping is the
cause why we have very few vessells now that goe directly for
England. I wrote last summer by Simmons, and by Bond,
they were both taken. I wrote after that by the Virginia fleet,
I hope those letters got safe. I sent one letter since by H.M.S.
Centurion. I beg your Lordshipps to consider likewise the
difficulty I lye under with respect to opportunitys of writing into
England, which is thus, the post that goes through this place
goes Eastward as farr as Boston, but Westward he goes no farther
than Philadelphia, and there is noe other post upon all this
Continent, soe that if I have any letters to send to Virginia or
to Maryland, I must either send an expresse who is often retarded,
for want of boats to crosse those great rivers they must goe
over, or else for want of horses; or else I must send them by some
passingers who are going thither, the least I have known any
expresse take to go from hence to Virginia has been three weeks,
soe that very often before I can hear from Col. Nicholson what time
the fleet will sail and send my packets, the fleet is sailed. I hope
we shall find a way to remedy that shortly, for Col. Nicholson
and Col. Seymour have wrote me word that they will be here
Sept., and I doe then intend to propose to them the settling of
a post to goe through to Virginia, by which I shall have opportunity to write to your Lordshipps by every ship that sails from
this Continent. Our letters do not come safe by the way of
Boston. I have had several letters by that way, which have
been broken open; however, I will omit noe opportunity of
writing. Refers to following letter etc. As to the Act for preventing vexatious suits, the Secretary informs me there are no
suits commenced in New York, upon any cases relating to that
Act. I have received the letters mentioned, July 29, for the
several Governours, which I have sent to them, but have no
answers yet. The Acts disallowed by H.M. were taken off the
file, but not destroyed, soe I have ordered the Secretary to return
them into the Office again etc. Your Lordships are pleased to
order me to cause just and reasonable security to be taken for
Capt. Nanfan's answering the ballance of his account, in order
to his being released from his confinement, in order to satisfy your
Lordships at whose suit he is confined. I herewith send you the
affidavit of the High Sherriff of this county, by which it will
appear that he was arrested at the suit of the Queen, whereupon
he gave security to answer such summs as should (upon the
stating his accounts) appear to be due from him to the Crown
or to the forces here, upon which he was immediately discharged;
he has since been arrested at the suit of private persons, who I
am satisfied would discharge him upon any reasonable security,
but I know he has refused to give any, but still insists that I am
to pay that money, because Mr. Andrews received it, and I had
done soe if I had not received advice from Mr. Thrale, that I
was to pay the subsistance from May 9, 1702, forward, which
I have done; it would have been the same thing to me if I had
paid from Dec. 25, 170½, for I could have paid but once, but it
appears by the account sent to me by Mr. Thrale, and will appear
by the accounts now sent to your Lordships, that Capt. Nanfan
(if he had paid the money he is arrested for) would be still debtor
to the Crown upwards of 200l.; however upon your Lordships'
commands I will endeavour to prevail with the persons concerned
to take reasonable security from Capt. Nanfan, and I do not
doubt but I shall succeed if he pleases to give it, of which I will
inform you by the next. We want all manner of stores of warr,
some small arms, great gunns etc., as I have formerly informed
your Lordships and upon which you were pleased to make a
Representation to the Queen, but we have yet received nothing
of that nature from England since I arrived here, only 100 small
arms and 50 barrells of powder came with me; I intreat your
Lordships to use your endeavours that we may be supplyed,
especially now in time of war. The General Assembly have
lately satt and passed some Acts which I herewith transmit.
(1) An Act granting sundry priviledges and powers to the Rector
and inhabitants of the City of New York, of the Communion of
the Church of England. (2) An Act for the better explaining
an Act to oblige persons to pay their arrears of 1,000l. tax etc.
(3) An Act to repeal the last clause in an Act for the quieting
and settling the disorders that have lately happened within
this Province etc. (4) An Act to charge the several cities and
counties of this Collony with 143l. 10s. 10d. for fitting and
furnishing a room for the General Assembly. (5) An Act for
the better laying out, farther regulating and preserving publick
common high ways etc. The reason for my assenting to the
first is because the Rector and Vestry of Trinity Church have
a Charter from Col. Fletcher, and they have been told that Charter
is defective, soe they apply'd to me for one that might be more
sufficient. I told them I did not perceive that by my Commission
I have any power to grant Charters of incorporation and that
I would not venture to doe it without such a power, some time
afterwards they came to me again, and desired I would give
them leave to offer a Bill to the General Assembly to be passed
into an Act for setling the Church. I told them I did consent
to it, because by that means the Queen would have the matter
fairly before her, and I most humbly intreat your Lordshipps'
favourable representation of that Act to H.M. that it may be
confirmed. The second is an Act occasioned by a difference
among the J.P.s of King's County, which made that Act
absolutely necessary for the effectuall recovery of those arrears,
I hope it will be confirmed. The third is an Act passed in pursuance of H.M. commands to me; the fourth is an Act I readily
consented to because till this time the Assembly has always
sat in a tavern, which I thought was a scandalous thing, and
therefore I did severall times recommend it to some of the
members of the Assembly to think of some method to provide
a place fit for them to sit in, this is now done by this Bill, and I
hope H.M. will be pleased to confirm it; the fifth is an explanatory
Act (so far as relates to Richmond County) of a former Act passed
for laying out high ways in this Province, of which there is great
need, for till now (except a very few places) there are noe roads
passable, this is so necessary an Act that I must intreat your
Lordships' favourable recommendations of it to the Queen, that
it may passe. Thus I have given your Lordships an account
of the Acts past this last Sessions, which has been longer than
it needed have been through the endeavours of some ill affected
persons, who had a mind to push the Assembly to such
extravagant proceedings, as might move me to dissolve them,
hoping by that means to get a Dutch Assembly, these methods
did prevail with the Assembly, to offer at some things, which
I thought not proper for them to meddle with, however having
told them my mind of those things I thought it more proper to
adjourn them, then to dissolve them, hoping they will grow wiser
when the hot weather is over. I will send you an account what
those things are as soon as their clerk can prepare a copy of their
Journal. Lately some French Indians have been seen a dozen
miles above Albany. I have given the necessary directions for
the defence of the frontiers, and shall go up in four days myself.
Signed, Cornbury. Endorsed, Recd. 8th, Read 22nd Aug., 1704.
Holograph. 4 pp. [C.O. 5, 1048. No. 88; and 5, 1120.
pp. 194–202.] |
June 30.
New Yorke. |
428. Governor Lord Cornbury to the Council of Trade and
Plantations. Having received your Lordshipps' commands to
give my opinion of certain Acts of the Generall Assembly of this
Province passed since March 2, 1698, I ordered copys of the list
you sent me to be delivered to every member of H.M. Councill
here, that is in the Province, and at last they have made a report
to me upon those Acts, which I enclose, by which it will appear
that the two first Acts mentioned in the list and in their report
they are of opinion should be confirmed, the reason they give
for it is because they think the same may tend to the peace and
quiet of this Province, in this I agree with them, though I
must observe that there are some persons indemnified by that
Act, who have always been the disturbers of the peace of this
Country, and are now, and always will be (as far as they are
able) irreconcilable enemys to an English Government, particularly
one Samuel Staats, and one Abraham Gouverneur, the first is a
surgeon who was born in this Province at the time of the Dutch
Government, went into Holland to learn his trade, and returned
hither again, and was here at the time the Dutch surrendered
this Province to the English, upon which surrender Articles
were agreed upon, by which those of the Dutch nation, who
had a mind to remain here, were to qualify themselves by certain
oaths, and there was a certain time limited, beyond which they
were not to have the benefit of those Articles, if they did not
qualify themselves accordingly. This Samuel Staats stayed
here till the time allowed was very near expiring, and then rather
than endeavour to make himself an Englishman, he left this
Province, and went to Holland, where he remained till a very
little time before the Revolution, then he came hither, and joyned
with Mr. Leisler, was one of the most active men in this Country,
and will never cease his endeavours till he brings this to be a
Dutch Government again, if he can; the other is one of those
who (at the time of Col. Fletcher's arrival in this Province) lay
in prison, under sentence of death, only for rebellion and murder,
but was reprieved by Col. Fletcher, and since has obtained (as he
says) a pardon from the late Queen, but he has produced noe
such pardon, here yet. I could mention others, tho' not of so
dangerous a nature, but I am unwilling to make a longer
digression. The 4th and 5th Acts, mentioned in the list, and
the report, are expired by their own limitation; also the 8th
and 14th Acts; the 9th, 10th, 11th, and 12th, the Council are
of opinion ought to be confirmed, and I intirely agree with them,
because I take them to be absolutely necessary for this Province.
The 13th Act is repealed by H.M.; the 15th Act has been
reinforced since my arrival here by a new Act of Assembly, which
I hope H.M. will please to confirm. The Acts 16 to 28 were
repealed by an Act of Assembly since my arrival here, and I
hope H.M. will confirm that Act for the reasons I sent to your
Lordshipps with the Act. The third Act in the list and report
is repealed by an Act since my arrivall, and I cannot help being
of opinion that it ought to be so, because that Act could intend
nothing but to justify rebellion by a Law, as will appear by the
very words of the Act. The 7th Act is repealed by the Act above
mentioned, and the chief reason that induced me to consent
to the repealing of that Act was because by it the Church was
striped of a lease granted for seven years by Col. Fletcher under
the rent of 60 bushells of wheat, and as soon as that Act was
passed my Lord Bellomont granted the same farme to a Dutchman under the same rent. It is true several grants repealed or
vacated by the Act passed in my Lord Bellomont's time were
very exorbitant grants, and I think ought to be vacated,
particularly that to Captain Evans (which contains near 300,000
acres of land) and that for two reasons, (1) because the quit
rent reserved bore no manner of proportion with the grant;
(2) because the granting soe vast tracts of land to one single
person has notoriously hindred the settling of this country.
I must say the same of the grants to Dellius, Pinhorn, Banker
etc. and to Bayard, all these grants contain vast tracts of land,
and some of them some of the best land in the country. I should
have thought that if Capt. Evans had had a grant of 4,000 or
5,000 acres it might have sufficed, espetially since he nor noe body
for him has taken any care to settle or improve that land, which
extends 30 miles on the west shoar of Hudson's River, and would
be a very good place to settle a towne, if those persons who have
already offered me to settle there (who are above 30 in number)
might have suitable quantitys of land to improve, and I must
be of opinion that it would be very proper to have an Act passed
here for the vacating of those grants last mentioned, which are
really very exorbitant; however I would not propose anything
of that nature to the Assembly here, till I receive your Lordships'
commands upon that subject, which I intreat you I may have;
the 8th Act is the same with the 15th. I offer it to your consideration, whether it would not be proper that I should have
an account what Acts of this Province have been confirmed
and what not, because there is no footsteps in the Secretary's
Office of this Province, nor in the Councill Books, which Acts
have been confirmed or repealed, or neither, till the list your
Lordships were pleased to send me, and very often in hearings
before me in Councill the lawyers of one side affirm certain Acts
to be repealed, when those on the other side affirm the same
Acts to be confirmed. Signed, Cornbury. Endorsed, Recd. 8th,
Read 22nd Aug., 1704. Holograph. 5 pp. Enclosed, |
|
428. i. Council of New York to Governor Lord Cornbury.
Report on the Acts referred to in preceding. Signed,
Sa. Sh. Broughton, Tho. Wenham, Matthew Ling, John
Bridges, Rip Van Dam. Autographs. Endorsed, Recd.
Aug. 8, 1704. 6 pp. [C.O. 5, 1048. Nos. 86, 86.i.;
and (without enclosures) 5, 1120. pp. 187–193.] |
| [June.] |
429. Copy of Acts of New Hampshire, against trespassing
on town commons (1702), and for the confirmation of town grants.
1 p. [C.O. 5, 863. No. 98.] |
| [June.] |
430. Copy of Proclamation by Samuel Allen. By virtue of
my grants from the Crown I have taken possession in part of
the whole of all the waest, unoccupied and unfenced in lands
of New Hampshire, and hereby forbid any person, except those
that have taken leases of me or my predecessors, to fence in,
occupy, graze cattle or cut timber on any such waste lands,
without first agreing with me, which I am redy to do on very
reasonable terms. These are also to require all men that have
fenced in and occupyed any land without any lease, to repair
to me and bring with them the boundaries and number of acres,
in order to take leases of me before Feb. 10 next. If any refuse
to come within the time limited, I will sell and dispose thereof
as I shall think most convenient. Newbury, Dec. 24, 1703.
Signed, Samuel Allen. 1 p. [C.O. 5, 863. No. 99.] |
