|
Nov. 1.
Westminster. |
1415. Council of Trade and Plantations to Governor Sir B.
Granville. Since ours of Aug. 30, we have received yours of
June 24 and July 16. We shall in due time examine the Collection
of Laws, etc. You will receive an account from the Agents
of all that has past here. We are sorry to find by the fresh
complaints that are now before us, that no effectual stop has been
put to the divisions and animosities that are in that Island.
We hope you will take the best methods to compose those unhappy differences. [C.O. 29, 9. pp. 408, 409.] |
Nov. 1.
London. |
1416. R. Cary to Mr. Popple. I have not had any
Instructions from the Leeward Islands relating to a trade with
St. Thomas. Signed, Rd. Cary. Endorsed, Recd. Read Nov 1,
1705. Holograph. ½ p. [C.O. 152, 6. No. 29; and 153, 9.
p. 280.] |
Nov. 1.
St. James's. |
1417. The Queen to Governor Sir B. Granville. Whereas
wee are given to understand that great abuses have been committed
in our Plantations in America in matters relating to Prizes, we
hereby strictly charge and require you to interpose with your
authority and advice in all differences arising between the Agents
appointed for the management of Prizes and the Captains of our
ships of war and others concerned, who shall make application
to you, as likewise in an especial manner to be aiding and
assisting unto Alexander Hamilton, who is appointed by our
Lord High Treasurer to be Agent in the West Indies, in the
discharge of his office, etc., as also to transmitt unto our High
Treasurer from time to time exact accounts of all occurrences
concerning prizes that happen to be brought into Barbadoes, etc.,
whereof you are not to fail. Countersigned, C. Hedges. A
similar letter, mutatis mutandis, was written to Governor Handasyde
and Lt.-Gov. Johnson. [C.O. 324, 30. pp. 44–46.] |
| Nov. 1. |
1418. (a) Abstract of the Muster-rolls of the Old Company
at Newfoundland, Nov. 1, 1705. 52 privates, with officers. |
|
(b) Abstract of Muster-rolls of the new Company at Newfoundland, Nov. 30, 1705. 80 privates with officers. Endorsed, Recd.
from Mr. Roope. Recd. Read Jan. 16, 1705/6. ¾ p. [C.O. 194,
3. No. 90; and 195, 4. p. 102.] |
Nov. 1.
Whitehall. |
1419. Council of Trade and Plantations to Lt.-Governor
Johnson. We have yours of July 4 and 27. The transcribing
and transmitting to us a compleat collection of all the laws in
force in each respective Island under your Government is a work
absolutely necessary for H.M. service, and we expect that it
be done, nor can we imagine that any of the Deputy Secretarys
should refuse the doing thereof, if a fitting recompence was allowed
them. By a collection of the Laws in force, we do not mean
such only as have been confirmed by the Crown, but all such as
have been passed, and are neither repealed nor expired. We desire
the collection for each Island may be seperate by itself, as also the
collection of those past at the General Assembly of all the Islands
likewise by themselves. We are sorry to find the Assembly of
St. Christophers have been so refractory as not to provide the
necessary quarters for H.M. officers and soldiers there, and we
desire you to represent to the said Assembly, and to any of the
others, as there may be occasion, that unless they do take care to
provide the necessary quarters for the said officers and soldiers,
H.M. will be obliged to recall them. [C.O. 153, 9. pp. 278, 279.] |
Nov. 1.
Whitehall. |
1420. Council of Trade and Plantations to the Queen. Having
received several Acts past at a General Assembly of your Majesty's
Island of Antego in 1704, and having had the opinion of your
Majesty's Attorney Generall thereupon in point of law, we humbly
represent to your Majesty that the Act entituled, "An Act for holding a Court of Chancery in this Island by the Lieut. Governor or
President and Councill in the absence of the Commander in Chief,
and for the speedy dispatch of Causes in the said Court," is not
fit for your Majesty's approbation. For that the powers given by
this Act to the Lt. Governor or President of the Councill and
3 of the Councill in the absence of the Governor, to hold the Court
of Chancery, is properly done by your Majesty's Commission and
Instructions to the Governor, which will be in your Majesty's
power to alter, if any inconvenience appears, but cannot be done
if this Act be approved. This Act, likewise, excludes all appeals
to your Majesty if the value of the matter decreed does not exceed
500l. current mony of that Island, which ought not to be. There
are also other clauses in the Act which may be prejudicial to your
Majesty's service. The Act "for establishing of Courts and
settling due methods for the administration of justice," is also
unfit for your Majesty's confirmation, for that by your Majesty's
Commission to your Governor of this Island, he is impowered to
erect Courts and name Judges and other officers, and what such
Governor may do is done by this Act, which seems to be prejudicial
to the authority given by your Majesty to your Governor; and
this Act lessening your Majesty's Prerogative in matter of Appeals.
We have no objection why your Majesty may not confirm the Act,
"impowering a Councill of Officers to appoint methods for repairing
trenches and breastworks, etc." [C.O. 153, 9. pp. 280–283.] |
Nov. 1.
Whitehall. |
1421. Council of Trade and Plantations to Governor
Handasyd. Acknowledge letters of July 18 and Aug. 12. We
are sorry you have had such difficulty in managing the late
Assembly; but observing that the new Assembly proves of a
better temper, etc., we doubt not but that by your prudent
conduct you will have persuaded them to pass the Act for
Quartering of souldiers. [C.O. 138, 11. pp. 435, 436.] |
| Nov. [1]. |
1422. Governor Dudley to the Council of Trade and
Plantations. I humbly addressed your Lordships last by a runner
to New [castle] and duplicate thereof, by the Virginia fleet of
July 25 last, etc. I humbly offer your Lordships the several Acts
of As[sembly] of which I had the particulars which were mislaid,
as also all the Acts of [Assembly] and Minutes of Council of both
Provinces, the Massachusets and New Hampshire, since my
last account which went by the Advice, Capt. Morrice Commander,
who I am advised is well arrived, and I hope has been more carefull
than Capt. H[ern] was of the map of this Province, which was
carelessly left at Portsmouth, notwithstanding the great charge
I gave him of it and the value I put [upon] it to him. Acknowledges
H.M. commands of Jan. [2]1st, referring to Pemaquid and salaries
for H.M. Governour and Lieut. Governour. And that I might
niether delay those Articles nor be put by a plain and peremptory
answer from the Assembly, if pos[sible] to H.M. satisfaction,
I held a speciall Session in the Assembly in Sept. last, when I
communicated H.M. letters to the Council and Assembly and
allowed them not to proceed to any other affayr of the Province,
that I might have their positive and direct answer, and used all
the methods and arg[uments] with them in my power, assuring
them, of H.M. favour upon their obedience, one instance whereof
was before them in the same Letters, which was the bounty of
the cannon for the Castle, and that they themselves saw meet
originally to erect that fortification without any such strict
command, and lost it very foolishly, so that [it was] much more
necessary now, both to procure our defence and show our
obedience, and the present charge of the war would be no excuse
because three years since when they were in peace they had
refused the same commands. I also urged the danger of their
diso [bedience]. And on the head of salarys, I told them how
unreasonable it was that H.M. Governours should have no
establishment, but depend absolutely upon their favour [for]
a support, which was so arbitrary that no person could know
how to regulate [his] expences, and that H.M. at my coming had
commanded that a house should [be] built or taken fit for the
reception of a Governour, which they had not done, [and] if
my own estate and settlement were not near the town I could
not tell how [to] dispose my self; that if they had any complaint
to offer for male administration [of] the Goverment to make their
present Governour or Lt. Governour unworthy such [pr]ovision,
they might freely offer it to H.M. But no methods will prevail
in the least with them but they have positively re[fu]sed all,
and have sent their Address signed by the Secretary in the name
of the Councill and the Speaker of the Representatives wherein
after their thanks to H.M. [for] the cannon, they offer their
reasons why they cannot build Pemaquid, that it is useless and no
[cu]rb to the Indians, which is very mistaken being allways a great
benefit and [sec]urity of the Province, and that Casco Fort does
the same, which being but a [tr]ading house, I have since my arrivall
raysed to be a regular work, which [the]y would have instead of
Pemaquid, but on the contrary I allways told them [th]e day
the gates of Pemaquid were raysed, I would rase Casco Fort
being a farr [mu]ch less serviceable place, and the building of
Pemaquid being now particularly [com]manded by H.M. [In]
their excuse for not assisting the little Province of New Hampshire
towards [thei]r fortification, they alledge they have payed dutys
towards the support of [th]at fort, which is also a mistake, there
is nothing payed there by any but fees to the [Of]ficer for clearing
at the fort, nor any duty or tax ever raysed for the building [or]
repair of the walls there, to which any part of the Massachusets
payed any[th]ing. The Acts of the Revenue are all before your
Lordships, which will evince it plainly, and the Guards spoken of
for the masting and other trade is what they cant help, the
Province of Main, which is part of the Massachusets Government,
lying between the enimy and the little Goverment of [Ne]w
Hampshire, so that in defending themselves they must needs
defend their neighbours. To the Article of salaryes they playnly
answer they stand up their [r]ights, they will not do it, and alledge
their Charter for it, which says nothing thereabouts, but add that
they will support their Governour, but allways as they please,
which has been hitherto about 500l. of this countrey money, which
amounts not to 350l. sterling, that will by no means support the
expence of a table, servants and horses. Mr. Phips, the Agent
of this Province at present, will attend your Lordships, [I] suppose
or Sir Charles Hedges with the address which I am humbly of
opinion cannot be acceptable to H.M., I humbly pray your
Lordships to represent [m]y pressing endeavour in the matter for
H.M. satisfaction, and notwithstanding my free offer to them at
all times to complayn, they acknowledge their [af]fairs of warr and
everything else proceed better than at other times, but they will
[ha]ve their Governour depend upon them, and what they shall
do for him shall be the [las]t hour of their Session, least he should
prorogue or dissolve them before they [pl]ease to rise. I have
used all methods upon the receipt of the Act of Parliament for
Navall Stores to put the people upon it to reform the burning
quality in the tarr, which proceeds only from the slovenly dressing
and overburning in the drawing of it, which I hope will be reformed, and H.M. favour therein will put the Provinces upon that
trade and divert the woollen manufactory here in a great degree. I
have inclosed the planns for the several fortifications in [?both
the] Governments, with the account of ordnance and stores in
them and expences severally, which I have also humbly offer'd
at the Board of Ordnance in obedience to H.M. commands of
Feb. 22, 1704/5. The planns are drawn by Captain Rednap and
the accounts by the Master Gunners severally and I hope will [be
accepta]ble to your Lordships. They were all in Caryes packetboat before that command came to me, and shall not for the
future be neglected, but may miscarry by reason of the [? warr as]
many of my packets have done heretofore. I am very sorry
that Cary should offend your Lordships in printing those tryals
[be]fore he had done his duty to offer them to your Lordships, and
neglect his [duty] referring to the Prisoners sent home by him, or
trouble himself about the pyrat [?es' treasure] to obtayn it for
this Province, while they set so light by H.M. [?commands]. He
had no other Instruction from me, nor business into England but
to deliver [?Larimore] and his Lieutenant prisoners, humbly
to offer my letters and to attend your Lords[hips'] comands,
but with the loss of his papers, I think he lost this prudence also,
and pray your Lordships not to attribute his faults to me, having
no other intention in sending him but that H.M. might see my
care and industry in discovering and proceeding against those ill
men. I have now by H.M. command sent home to my Lord
Treasurer [7]88oz. of gold, the pirates' treasure clear of charge,
[and] notwithstanding in my account sent home by my last letters
I charged 5 [per cent.] for myself, the double of which has been
taken by other Governments, but my Lord Treasurer in his
letters having assured me that he would represent my service
[therein] for H.M. royall bounty, I have withdrawn that Article
and not take [n one] farthing for myself for all the proceedings
against the Pyrates, nor obtayning their treasure out of 40 hands,
where it was hidden. I humbly referr my [self to] H.M. favour therein,
and pray your Lordships' favourable represen[tation] of me that the
people here may not insult that after all my service I h[ave no]
benefit thereby nor countenance from H.M. therein. I lately
received from the Rt. Hon. Sir Charles Hedges two new seals
with H.M. commands to break the late King's seal in use hitherto
in [both] the Provinces, and in a few days after I broke both those
seals and disposed the [new] ones into the proper offices, and they
are in use. Refers to Minutes of Council. [Mr. Allin's] widow
and daughters [are] here, but his only son is in England, your
Lordships will best judge whether it be [best] for his family to take
up with the offer of compromise made by New Hampshire, a
copy whereof I have now also in[closed, or] that they shall
further proceed in law. Mr. Allen dyed the day after that
compromise was offered him, and so could say nothing to it, but
it is most certain there is not [one] person in the Province of New
Hampshire, Councellor, Judge or Juryman, will e[ver be] found
to do that title right, being so concerned in the lands of the
Province. Mr. Allin had before his death appealed from the
Superior Court of the Province to the Governor and Councill as
the Commission directs, which Cou[rt was] to sit the day Mr. Allin
was interred, I could not judge what your Lordships would
direct and I did thereupon continue that Court of the Governor
and Councill for six months by adjournment and have now again
adjourned it to May [10th] next, untill the heir might appear to
manage the appeal, but I am [sens]ible that the issue will be the
same then, all the Members of the Councill being [tert]enants
in the Province, and my judgement alone which I am very clear
in, [hav]ing these 20 years known that matter, will avayle nothing
but to give my [? own] report, which your Lordships have had
better done heretofore by my Predecessors, [and] yet no
advantage thereby to Mr. Mason or Mr. Allin. I hope the young
Gentleman will attend your Lordships for direction, and if I may
be commanded [therein] I shall faithfully attend your Lordships'
orders. I pray your Lordships will [ob]tain H.M. order for the
admission of Richard Waldron, Coll. Winthrop Hilton and Major
Joseph Smith of the Council of New Hampshire. I did also in
my last pray your Lordships' direction referring to the establishment [a]t the Castle which was done in the year 1701 by my Lord
Bellomont and is [in] the Minutes of the Assembly of that time
before your Lordships, I cannot [obtayn] of the Council to suffer
Debenturs to be given according to that establishment, so
extreamly are the Assembly and the Council set against any
salary or establishment whatsoever, as your Lordships see in the
papers I then sent home, [the] representatives demanding that
the money pay'd by my order thereupon should be [res]tored into
the Treasury; if your Lordships please to declare that establishment
[to] be good untill another be made by the Goverment here and
allowed by H.M., I hope that will quiet the matter, otherwise
I can do nothing with them. [I] also pray'd your Lordships'
direction in my last whether I might not refuse the Speaker at
any time chosen by the Assembly, the Charter expressly declaring
that all elections in the Assembly may be refused, but the Councill
have given their votes that I may not do it, and therefore I was
forc'd this year [in] May last to allow Mr. Thomas Oakes, a man
of no fortune nor principles [? of] Government to serve as Speaker,
otherwise if thereupon I had dissolved that Assembly, I had lost
a tax 22,000l. for the warr, which the Assembly preceeding had
granted and directed them to raise, if your Lordships please upon
the perusall of that clause in the Charter to declare it to be in
the Governour's power, I shall use it with all moderation, and not
shew any uneasiness where there is not a plain reason fit to be
offered to your Lordships for my so doing. Encloses an account
of births for the last year, which was difficult to obtain, new
villages being careless therein, and Quakers not being to be
brought to register their children, the account amounts to 2,000,
to which may be added 500 on the reasons aforesaid. I shall bring
it to a better posture for the future [if] I may obtain a law from
the Assembly therein. I did about two months since in obedience
to H.M. Commission, referring to Owaneco Uncasses's complaint,
travell into Connecticut Colony, with the Commissioners named,
and proceeded thereupon in the best form I could, having the service
of the Attorney Generall of this Province, and Mr. Minzey
[Meinzies] a good lawyer, with him etc. [See Aug. 25.] We
published our determination, and gave a letter to the Governour
and Company of Connecticut to see Owaneco put into possession
accordingly. But by the treatment we had there, I am well
assured nothing will be d[one] in it by that Government; your
Lordships will see in the papers the protest [against] the Commissioners, which their managers publickly read in Court by
perfect [force] against my repeated commands, and then drew
off at a distance and with their officers clamourly commanded
all persons to withdraw, and not to attend us nor [give] evidence,
and some of them boisterously pulled down the hand of a witness
s[wearing] and drew him out of the Court, and the people spoke
freely amongst them[selves] of seizing us at the board, as I was
severall times assured, however, we proceeded [to an] issue, and
nobody but the persons concerned but judge well of the proceeding,
[and] are glad of H.M. royall care and favour therein. And it is
certain upon the proceedings of that Government there was not
one [? acre] of land left for Owaneco's tribe in the world, if the
grants must take effect. I pray your Lordships to be sensible of
one thing in the grant, that Goverment will offer in their answer,
when they grant the last reserved lands between London and
Norwich to the town of New London, to make it plausible, they
have added saving to the Indians their rights, which if sincerely
meant, the grant gives nothing to New London at all, every acre
of their grant being the reserved lands [for] the Indians, but their
intention appears, for notwithstanding the said saving, they have
measured out to their Governour and Mr. Saltonstall two grants
called 400 acres, which by a sworn Surveyor amounts to 1,200
acres, and if we had not proceeded, the remainder had been layd
out also. There remains to perfect that matter to the Indians'
just satisfaction, H.M. acceptance of the judgement and report
and commands to possess them thereof, and to remove those houses,
fences and incroachements, otherwise in a short time they will
proceed and forget all that has been done, and those Indians
must leave that place and unless I can dispose them in this
Province will go over to the enimy. If your Lordships can have
the leasure to go over that judgement and re[port] I have no
articles that I can offer referring to that Goverment like it,
being humbly of opinion that if H.M. cannot grant Commissions
to hear so apparent a breach between that Government and a
Tribe of independent [Indians], from whom they have purchased
5 or 6 towns, near one whole county, [and] thereby acknowledge
his title to those lands, that Corporation must be be[yond] all
challenge. Some of their Gentlemen offered at it to prove Owaneco
no Sachem or Go[vernor], but would not proceed, the evidence
of his right and government being in t[? wenty] pages of their own
records, and while we were there upon the ground, Owaneco
proceeded orderly in his own fort to the hearing of a murther
committed by one of his own tribe upon another, and put the
murderer to death within 10 miles of the Governour's residence,
without any interposall or consent of that Government, which has
never been allowed in the Massachusets these 60 years, but their
Indian capitall offenders have been allways tryed by the Courts
of the English, with a Jury de medietate linguae, notwithstanding
we also acknowledge the Sachems' right to lands and purchased
them justly, and have in every part strictly reserved lands
sufficient for the Indians to dwell upon and manure. In obedience
to your Lordships' commands upon the Articles against Rhoad
Island, which I sent as commanded and have receipt for them
from that Governour, I have after a very great trouble, and
difficulty, obtained evidences to the severall heads, the persons
giving evidence being principall persons of estates and figure in that
and the other Provinces, lesser persons being afraid to be known
to attend mee, alledging they cannot live in that Province in
peace if it be once known they have given evidence against the
Government, as Major Richard Smith was formerly pursued and
prosecuted by that Government for petitioning King Charles II,
the record of all that is in your Lordships' Office long since and
something of it in these papers, and Capt. Eldrige, as he now
informs, has been so pursued and abused for his attendance of mee
with the Company under his command in the Naraganset Countrey,
that he is forced to remove out of the Province 30 or 40 miles
distance for his own quiet. In obedience to H.M. commands to
demand assistance from the Colonyes of Rhoad Island and Connecticut, I was willing to be at the charge to send gentlemen fit
to bear H.M. Letters to those Governments commanding their
assistance, and to make my own expostulations thereupon, and
therefore sent Coll. Byfield, Major Converse, Speaker of our
Representatives, and Mr. Samuell Lynds, men of estates and
loyalty, who travelled to both those Goverments and delivered
H.M. Letters, and used all possible diligence to perswade the
Governours severally to their duty, and alledged particularly to
Connecticut Governour that for above 60 years past, when they
confederated with the Massachusets for mutual defence, they were
obliged to bear their proportion, the Massachusets 100 and
Connecticut 60, which proportion held all the former warrs,
but that they had now fayled and would be bound to nothing.
This was done about 9 months since, during all which time I
have had at no time less than 700 or 800 men in pay, but I
solemnly protest I have never had one man nor penny from either
of these Goverments either for marching or garrisoning forces,
and shall give over any expectation, if some other methods
agreeable to your Lordships' wisdome be not taken. It is true before that time Connecticut will alleged they have sent forces to our
towns up the river of Connecticut above them, who have stay'd
some time and returned. But that is only their own defence,
those towns being their frontier and security, but I have not
had one man for the Eastern service in the Province of Mayn,
where the dint of the service is, nor have they at any time sent
any manner of subsistance and ammunition for their men, nor
will their men accept any Commission from me, nor obey any
orders, but come and go when they please, that I can have no
dependance upon them nor know their motion, nor when they
draw off, and [a shew] of 100 or 200 men for 10 or 20 days, and
this Province [to subsist] them, is nothing to the standing service
that I have now been obliged [to for every] day for 3 years. I hope
the evidences referring to Road Island will be found full in [every]
Article, and my distance is greater from Connecticut, and my
Lord Cornbury being their nearest neighbour I doubt not will
supply that proof. I am humbly [of] opinion that the treatment
of H.M. Commissioners on the Indian affairs, and their refusall
to give any assistance since H.M. last commands will be enough
to shew their resolutions to do as [they] please. I assure your
Lordships I was at 50l. cost for the more [honou]rable delivery of
H.M. letters to both those Goverments, commanding their
assistance about 8 months since, and I have not obtayned one
musqueteir, though I am upon my guard for 200 miles, and in
my forts, garrisons and other services have necessarily ex[pended]
20,000l. this year, which is much less then the two former years
have cost me, the whole charge of the three years amounting
to 80,000l. I humbly thank your Lordships for the coming of the
Deptford, Capt. Stukely Commander, he has performed a very
good cruise as far as Port Royall, and since before the Capes of
this Province and Piscataqua, and a has [sic] been us[uall] heretofore, he is now going to guard our vessells at Saltertudas, upon
which the whole fishery absolutely depends, which will take him
these three winter m[onths], from Dec. to March, in which time he
must have otherwise layd up the ship for fear of the ice and bad
weather, and run the hazard of the loss of his men. It would be
a great favour if I might have one lesser, a sit-rate, to assist in the
guard and cruise where the Deptford cannot be without hazard.
Signed, J. Dudley. P.S.—The plan of the Castle at Boston is
not sent, Col. Romer acquainting me that it is already in your
Lordships' office, and cannot easily be done presently by Capt.
Redknap. Major Palmes, a Gentleman of Honour and great
truth, comes in this fleet and will attend your Lordships to give
evidence in the Articles of Connecticut; and understands that
Goverment perfectly. Endorsed, Recd. Dec. 31, 1705. Read
Jan. 22, 1705/6. Edges torn. 7 pp. Enclosed, |
|
1422. i. Proclamation by Governor Dudley. Recalling absent
sailors to H.M.S. Deptford, about to sail to the West
Indies. Boston, Nov. 9, 1705. Printed. 1 p. |
|
1422. ii. Proclamation by Governor Dudley. Laying an
embargo upon ships bound for Barbados or the Leeward
Islands until H.M.S. Deptford be ready to convoy them.
Boston, Oct. 30, 1705. Printed. 1 p. |
|
1422. iii. Proclamation by Gov. Dudley for a General Thanksgiving on Oct. 18 for the success of H.M. arms, for the
quiet and tranquillity of the past summer and the
prospect of a plentiful harvest. Sept. 20,1705. Printed. 1 p. |
|
1422. iv.–ix. A list of the causes tried in the several Courts in
New England, Oct. 1704—Oct. 1705. The whole
endorsed, Recd. Dec. 31, 1705. 17 pp. |
|
1422. x. Register of births in the several towns of the
Massachusetts Bay. April 5, 1704—April 5, 1705.
Totals, (Counties): Suffolk, males 229, females 241;
Middlesex, m. 203, f. 187. Essex, m. 231, f. 247.
Hampshire, m. 91, f. 77. Bristol, m. 88, f. 92 (more for
Quakers, 75). York, m. 18, f. 13. Plymouth, m. 42,
f. 50. Barnstable, m. 91, f. 74. Martha's Vineyard and
Nantucket, m. 22, f. 20.—Total, 2091 (given as 2071).
Endorsed as preceding. 2 pp. [C.O. 5, 863. Nos. 144,
144.i.–x.; and (without enclosures) 5, 912. pp. 71–94.] |
Nov. 1.
Boston. |
1423. Governor Dudley to [?Mr. Secretary Hedges].
Acknowledges letters of Jan. 25, Feb. 22, April 20. Repeats
part of preceding letter. We are out of danger of correspondence
with the French, who are beggars, are near as, and we only pray
an opportunity of some of H.M. ships to remove them from our
neighbourhood, which would for ever put all the Nor[thern] Provinces
to peace . . I have kept so good guard all along the frontiers
this summer, that though they [French and Indians] have lookt
upon every part by their scouts, they have been able to do nothing
but now and then steal a straggling boy in the forrest, etc. Signed,
J. Dudley. Endorsed, R. Dec. 30. 3 pp. Enclosed, |
|
1423. i. Address of the Council and Representatives of the
Massachusetts Bay to the Queen. Boston, Sept. 15,
1705. Reasons for their refusal to build a fort at
Pemaquid, contribute towards the charge of Piscataqua
Fort or settle fixed salarys on the Government, as above.
Signed, Thomas Oakes, Speaker. 1 p. |
|
1423. ii. Proposals for an exchange of prisoners offered by
Governor Dudley to M. Vaudreville, Governor of Canada.
Endorsed (? by Sir C. Hedges). Not to make any
progresse in this matter. 5 pp. |
|
1423. iii. Copy of a treaty offered by M. Vaudreville, Governor
of New France, to Governor Dudley, in reply to preceding.
Quebec. Oct. 20, 1705. The war between them can
never redound to the glory of their sovereigns, but only to
the ruin of some poor families. Proposes that all acts of
hostility on either side shall cease, and that passports
be given to vessels by the said Governors, etc. 9 pp.
[C.O. 5, 751. Nos. 74, 74.i.–iii.] |
Nov. 2.
Boston. |
1424.Governor Dudley to the Council of Trade and Plantations. Encloses proofs, etc. of the Articles of Complaints relating
to the irregularities of Rhode Island. Signed, J. Dudley.
Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. 4 pp.
Enclosed, |
|
1424. i. Governor Cranston's Receipt for the packet containing
the charges against the Government of Rhoad Island.
Signed, Small. Cranston. July 25, 1705. Endorsed,
Recd. Dec. 31, 1705. Slip. |
|
1424. ii. Col. Dudley's Certificate that the following affidavits
were made by persons of credit, etc. Nov. 1, 1705.
Signed, J. Dudley. Endorsed as preceding. 1 p. |
|
1424. iii. Deposition of James Meinzies, Oct. 12, 1705. There
are great numbers of sheep on Road Island. There
has been considerable quantities of wool carried thence to
the mainland yearly. 1 p. |
|
1424. iv. Deposition of J. Meinzies. There has been sundry
pyrates harboured there, as Richard Cornish, Wm. King,
George Cutler, Joseph Rogers, Peter Brock, etc. The
three last named are still upon the Island, and Brock
present Constable of Newport. 1 p. |
|
1424. v. Deposition of J. Meinzies. A great many persons,
both marryed and unmarryed, went out of the Province
[of the Massachusetts Bay] and lived in Rohade Island.
Capt. Peter Laurence and Capt. Halsey taking their
commissions to be private men of warr, carryed out
with them a great many young men from the
Massachusetts, etc. 1 p. |
|
1424. vi. Deposition of Capt. Halsey, of Boston, Aug. 3, 1705.
To man the Charles, for which he had a Commission
granted him by Governor Cranston, he had 25 men
from the Massachusetts Bay, out of a complement of
47. Signed, John Halsey. ½ p. |
|
1424. vii. N. Byfield to Governor Cranston. Bristol, Aug. 18,
1703. I issued my warrant the 13th inst. for the
detaching fourty able men to goe against the Indian
enemy. Lt. Daniel Howland, Commander of the Militia
Company in Tiverton, complains that some of his men
have fled to Rhode Island, etc. Demands their return.
Signed, Nathal. Byfield. Subscribed, Col. Byfield
assured me he had many soldiers fled to Road Island,
but never had one returned. Signed, J. Dudley. Copy.
1 p. |
|
1424. viii. Col. Byfield to Gov. Dudley. Certifies as to the
frequent running away of soldiers to Rhode Island, and
the removal of people thither. Signed, Nathal. Byfield.
Bristol, Aug. 30, 1705. 1p. |
|
1424. ix. Deposition of James Meinzies. Oct. 1705. Being
a practicer in the Courts in Rhode Island he was
employed by Wm. Cullimore of Scituate in ye Massachusetts against one Capt. Halles, then resident at Newport, who was lawfully arrested and bail taken for his
appearance at next Court. Yet the Governor at his
desire (when both plaintiff and his attorney were out of
the Colony) issued out his warrant upon the Saturday
to call a special Court to sitt next Tuesday to determine
the case. It was impossible the plaintiff could be
notified and in readiness, whereupon the special Court
cleared Halles, although plaintiff was always willing
to have a special Court when he and his Attorney was
upon the Island. 1 p. |
|
1424. x. Extracts from the Laws of Rhode Island. Attested
by Nathaniel Coddington. Boston. Aug. 7, 1705.
4 pp. |
|
1424. xi. Deposition of James Meinzies that the Government of
Rhode Island have tried sundry robberies, murders,
etc., and sundry pyrates, who were thereby cleared,
and the proceedings in their Courts are in sundry cases
most arbitrary. 1 p. |
|
1424. xii. List of persons tried and executed in Rhode Island,
1671–1673, for capital crimes—murder, and rape by an
Indian and a Negro. Attested by Nathl. Coddington
and Francis Brinley. 2½ pp. |
|
1424. xiii. Commitment of Joseph Pemberton of Westerly.
March 26, 1700. Found guilty of contempt of Court, he
is bound to be of good behaviour under a penalty of 20l.
till the next General Court, to pay all charges, and
remain a prisoner till performed. Attested by Weston
Clarke, Recorder, Francis Brinley, Peter Sanford, Nathal.
Coddington. Copy. 1 p. |
|
1424. xiv. Governor Cranston's warrant for the arrest of Joseph
Pemberton, John Lewis and Edward Bliving [sic]
until they give bond in 40l. each, to answer the charge
against them (remonstrance of Westerly against being
taxed by Rhode Island. See C.S.P. 1700. No. 580.
xvi.). Copy. 1 p. |
|
1424. xv. Copy of the petition of Joseph Pemberton to Governor
Lord Bellomont. Describes his trial, March, 1700.
See C.S.P.1700. No. 580. xvii. 1¼ pp. |
|
1424. xvi. Deposition of Giles Sylvester, Counsel for Robert
Munday, Chyrurgion, who was indicted for piracy at
Newport, April 3, 1703. He was acquitted by the Jury,
but Counsil could not obtain that he should be cleared by
proclamation or in the Records, nor the restoration of
his confiscated goods from the Governor or Assembly.
Munday was therefore forced to depart the country
in debt. Signed, G. Sylvester. 2 pp. |
|
1424. xvii. Extract of Report of the Commissioners appointed
to examine the claims to the Narragansett Country.
Oct. 20, 1683. See C.S.P. 1683. Nos. 1316, 1320, and
1684. No. 1986. 1 p. |
|
1424. xviii. Deposition of James Meinzies. Oct. 12, 1705.
Notwithstanding the Law of Rhode Island appointing
the Laws of England to take place in all cases where
they have no Laws in the Colony to the contrary, yet
he, being a practicer at their Courts, have sundry times
upon particular cases been denied the benefit of the
Laws of England. 1 p. |
|
1424. xix. Extract from H.M. letter to Rhode Island, Feb.,
16798/9, concerning the Narragansett Country. See C.S.P.
1679. No. 890. 1 p. |
|
1424. xx. Further Extract from Report on the Narragansett
Country. (Cf. No. xvii.) 1 p. |
|
1424. xxi. Vote of the Assembly of Rhode Island for the arrest
of Richard Smith. See C.S.P. 1679. No. 1067ff. 1 p. |
|
1424. xxii. Minutes of Assembly of Rhode Island, Oct. 28,
1685. See C.S.P. 1685. No. 432. 1 p. |
|
1424. xxiii. Extract from the Records of a Court of Trials.
Newport, Rhoad Island, Sept. 1704. On application
for an appeal to England in the cases of Elisha Hutchinson
etc. v. John Foues and Aron Jacques, the Court decreed
that the plaintiffs ought to have a reheareing to another
Court before the appeal be granted. The Governor
enters his desent. Subscribed, And further in said Colony
there is no law for a rehereing possitive for either
plaintiff or defendant being cast, but either may have
a rehering if they please, but it is to the same judges.
¾ p. |
|
1424. xxiv. Deposition of James Meinzies that the Government
and Courts of Rhode Island have frequently refused
appeals to the Crown, as in the case of Brinley v. Dyer,
and Brenton v. Walley. 1 p. |
|
1424. xxv. Deposition of J. Meinzies. When Col. Dudley
published his Commission to command the Militia of
Rhode Island during the war and his Commission of
Vice–Admiralty [see C.S.P. 1702. No. 935], the Governor
next day desired Meinzies to go to Col. Dudley and get
copies thereof, which he did, and carried them to the
Governor, who then refused them, whereupon, by order
of Col. Dudley, Meinzies delivered them to the Governor
and Magistrates of the said Colony in their publick
Court which they refused to receive, but ordered the
Sheriff to take them up, which he did. 1 p. |
|
1424. xxvi. Deposition of Paul Dudley, H.M. Attorney General
for the Massachusetts Bay and Advocate of the Court
of Admiralty. Governor Cranston, on June 5, in reply
to Nath. Byfield, Judge of the Court of Admiralty, complaining of his granting a commission to Capt. Halsey,
a privateer, after the receipt of H.M. commands to the
contrary, replied that the General Court were all of
opinion that H.M. commands did not restrain him from
granting concessions for privateers, and that their Charter
granting them power of Vice-Admiralty, he was
determined to exercise it, and grant such Commissions,
until their Charter was actually and wholly taken away;
and that they would not part with their powers or
Government by piecemeal, but would die all at once,
and that they had parted with too many of their
priviledges already. Signed, Paul Dudley. Aug. 15,
1705. ¾ p. |
|
1424. xxvii. Deposition of Capt. Eldredg [Eldridge] of Stonington. After Gov. Dudley had published his Commission
[see above, No. xxv and C.S.P. 1702, No. 935], deponent,
in obedience to his orders, had in readiness 120 men next
day to be reviewed by H.E. But in the interim the
Governor of the Colony came over with some of the
Council, and then not only showed his displeasure
against deponent by using threatening words against
him for his readiness to obey H.E. commands, and ever
thereafter untill he was forced to live [? leave] the Colony
and cary away his whole family. Signed, Danll. Eldredg.
Stonnington, Aug. 24, 1705. 1 p. |
|
1424. xxviii. Deposition of J. Meinzies. The Government of
Rhode Island have refused to submit to H.M. and
H.R.H. Commissions of Vice-Admiralty and for commanding their Militia, except that at some times they
allowed of and submitted to a Judge of the Admiralty
for condemnation of prize ships only. 1 p. |
|
1424. xxix. Copy of Governor Easton's Commission to Nathl.
Coddington to command a company at Newport,
June 26, 1694. Signed, John Easton. 1 p. |
|
1424. xxx. Minutes of Assembly of Rhode Island, June 19, 1705.
The Governor has power to grant commissions to
privateers, etc. 1¼ pp. |
|
1424. xxxi. Copy of Governor Cranston's Commission to
Capt. Halsey to command the Charles privateer. Signed.
Samll. Cranston. Nov. 7, 1704. 1½ pp. |
|
1424. xxxii. Act of Assembly of Rhode Island, June 19, 1705.
Only soldiers in train-bands who are freemen of their
respective towns or freemen of the Colony shall have a
vote for the election of their officers, etc. 1 p. |
|
1424. xxxiii. Deposition of J. Meinzies as to Major Martindale's
action. See C.S.P. 1702. No. 935. |
|
1424. xxxiv. Memorial by Governor Dudley as to the action of
Rhode Island in regard to his Commission of Militia
[See C.S.P. 1702. Nos. 935, 966], and the case of Lawrence and Blew [see C.S.P. 1703. No. 673]. Signed,
J. Dudley. Boston, Oct. 29. 1702. 1½ pp. |
|
1424. xxxv. Deposition of Members of Council of the
Massachusetts Bay that when Governor Dudley published
his Commissions of Militia and Vice-Admiralty before
the Governor and Council of Rhode Island, he was sworn,
though not without opposition, Mr. Walter Clarke,
Dep. Governor, publickly expressing himself that they
were insnared and injured, etc. (see C.S.P. 1702, No. 966).
Confirm preceding. Signed, John Hathorne, John Walley,
Penn Townsend. ¾ p. |
|
1424. xxxvi. Deposition of James Meinzies, that the Quakers
by their interest in the Government of Rhode Island will
not admit of any persons of estate or ability into any
places of publick trust. 1 p. |
|
1424. xxxvii. Deposition of N. Coddington. Newport, July 31,
1705. The way of making freemen in Rhode Island.
Any person born in the Colony in any town, at the age
of 21, if his real estate be worth 20l. or 30l. a year, or
more or less, is not admitted to have any voat in their
town meetings without he petitions to be admitted a
freeman, and if by the major vote in the town-meeting
he be admitted, then record is made thereof, then he
may have a voat on that town concerns. The names
of such freemen is once a year returned to the Assembly,
and if they see cause then they are admitted freemen of
the Colony and may vote for general officers. Often
such are made freemen of the towns and Colony that
hath no vissable estate, being only to make partys to
voat on combinations for choice of town and publick
officers as will suit their interest, and of late they have
combined together to take away the rights and propertys
of several persons' lands in several towns and from
such that have had and made the natives purchas
right, and this contrivance have been by some of they
freemen so made; and such as gave great sums for said
lands and have settled part of them for 40 years, there
have been partys made to take away such persons'
lands, although they acters [?] they can give no account
they have on any pretence of clame to any right of the
soyl by buying with them as bought it of the natives, or
gift, or any other way, only they will cry out, Wee are
freemen of the Colony. Signed, Nathll. Coddington,
Assist. 1 p. |
|
1424. xxxviii. Deposition of James Meinzies as to the case of
Lawrence and Blew (see C.S.P. 1703. No. 673). 1 p. |
|
1424. xxxix. Deposition of part-owners of the privateers
Charles, and Hannah and Mary, commanded by Capt.
Peter Lawrance and Capt. John Blew. Confirm
preceding. Signed, Cha. Chambers, Saml. Phillips.
Boston, Oct. 31, 1705. 2½ pp. |
|
1424. xl. Deposition of J. Colman. Boston, Aug. 10, 1705.
Confirms preceding. Signed, John Colman. 1 p. |
|
1424. xli. Governor and Company of Rhode Island to Governor
Dudley. Newport, Dec. 28, 1704. Concerning the
Quota. |
|
1424. xlii. Duplicate of Governor Cranston to Governor Dudley.
Feb. 28 [1705]. |
|
1424. xliii. Duplicate of Governor Dudley to Governor Cranston,
March 8, 1705. |
|
1424. xliv. Certificate by Governor Dudley that the affidavits
to prove the charges against Connecticut are made by
persons of repute and veracity, etc. Signed, J. Dudley.
Boston, Nov. 9, 1705. Endorsed, Recd. Dec. 31, 1705.
Read Jan. 23, 1705/6. ¾ p. |
|
1424. xlv. Governor Winthrop to Governor Dudley. New
London. Acknowledges receipt of charges against
Connecticut. Aug. Signed, J. Winthrop. Holograph.
1 p. |
|
1424. xlvi. Report of Commissioners for assistance in the war
to Governor Dudley. Boston, Dec. 28, 1704. We met
the Governor and Council of Road Island, Dec. 11, who,
after we had delivered H.M. commands to them, declared
they had not above 1,200 men in that Colony, and
urged the necessity of keeping them at home, and
mentioned Block Island as a place in danger. We had
much discourse as to the distress of H.M. subjects in
the Massachusets Baye in this time of war, and that
without the assistance of the neighbouring Governments,
we should not be able to secure the Province. Upon
which they declared that a just list ought to be taken
on both sides and according to their numbers and
estates they did think they ought to bare a just
proportion, but could not consent to anything without
the advice and determination of the Generall Court,
which they promised to call for the 27th and give an
acct. to your Excellency. We waited on the Governor
and Council of Conecticoate at New London, Dec. 15,
and delivered H.M. commands. Next day the Governor
appointed Capt. Gold, Mr. Pittkin, Major Whiteing and
Mr. Elliott to treat with us. They told us that in
Sir William Phips' time there was an adjustment made
between the two Governments, when the Massachusets
were allowed to have 15,000 men and Conecticoate 3,000.
We shewed forth our numbers, amounting to but
7,750 men; they alledged that they had but 3,200;
they would not allow that they ought to bare a just
proportion according to numbers, for that the opposeing
the enemie is more our immediate interest then theirs,
though we heard no argument to make that out. We
told them that ye subsisting must be performed by
them for the men they send out, to which they were
very aversed; we then tould them for a present supply,
there being an accot. of 800 men comeing over the lake,
if they would send 200 men to West Hampshire and
subsist them, or 300 to be subsisted by the Massachusets,
and have 2 or 300 ready to march upon notice of that
County being attacked, or approach of the enemie, that
might be sufficient at this time. Then we had discourse
about your Excellency giving all orders to the officers
during their continuance within these Governments,
to which their answer was that they had ye last year,
and should for the future give orders to their officers
to follow the direction of the Cheife Millitary Officer
upon ye place and that he preside in all their Councils,
but to commissionate and call home did of right belong
to them; and after much time spent in debate, they said
the utmost they could doe was to send 150 men to West
Hampshire, but they could not subsist them. We tould
them we had possitive orders not to consent to ye
subsisting of their men, and that there must be a greater
number of men to secure that country, which is the
barrier between them and the enemie. After another
day spent in discourse, they tould us they had determined
to raise 200 soldiers and send them to West Hampshire
with all speed, and would give orders that the soldiers
belonging to the Towns next unto West Hampshire
should march to their assistance upon news of the approach
of an enemie, but all men they should send must be
subsisted by the Government of the Massachusets Bay.
We acquainted the Governor and Council that there was
great waste made of the ammunition by the souldiers
they had sent out, and that it was most reasonable
they should be supplied by them, which they consented
to. Signed, Nathal. Byfield, Jams. Converse, Samuel
Lynde. 2 pp. |
|
1424. xlvii. Deposition of Nicholas Hallam, of New London.
He was present in a Court of Assistant, Hartford,
Connecticot, May, 1700, when, in a cause concerning the
Liveen, Major Edward Palmes and John Hallam v.
John Winthrop, Rd. Christophers, and Samuel Fosdicke, the jury found for defts. Deponent heard two
of the jury, Capt. Aaron Cooke, foreman, and Lt.
Hallestar, say that if they could have had the liberty of
the Laws of England, they must have brought in their
verdict for Palmes and Hallam, but being sworn to the
Laws of this Colony, and there being no laws of sd.
Colony to allow that one Executor could act without all, they brought in their verdict for defts. He
asked them to give that under their hands; they
answered, if they should do so, they should be looked
upon to be disaffected with the Governmt. for they saw
it plainly that any person that gives any thing under
their hand concerning any thing touching the Governmt.
was looked upon to be enemys to said Governmt. Signed,
Nicholas Hallam. Boston, Nov. 9, 1705. ¾ p. |
|
1424. xlviii. Deposition of Major James Fitch, of Hainfield,
Connecticut, and Capt. Samuel Mason, New London, that
they heard Major Edward Palmes and Nicholas Hallum,
upon being cast as in preceding, demand an appeal for
England, but they were denyed, Governor Winthrop
saying, I (or we) will grant no appeals for England, but
I will dispute it with the King, for if we should allow
appeals, I will not give a farthing for our Charter. Sworn
before Governor Cranston, July 10, 1703. A true copy,
G. Sylvester. 1 p. |
|
1424. xlix. Deposition of Giles Sylvester that on Aug. 25,
1705, at the house of Joseph Saxton, of Stonington,
Robert Lord said that if he had appeared before
H.M. special Court determining the Owaneco affair, he
could show such papers as would defend him in his
possession of his land, but the Govermt. had forbidden
him to appear. Deponent replied, then he respected
the Govermt. of Conecticutt above ye Queen's Majesty's
Commission. Lord made answer that he was a freeman
of Conecticutt Colony, and by ye oath of his freedom
he was obleidged to observe ye orders of ye Govermt., which
if he should doe otherwise, he should be guilty of ye
breach of his oath, and consequentially, as he was
informed, be out of ye protection of ye said Govermt.
Signed, G. Sylvester. Aug. 27, 1705. 1 p. |
|
1424. 1. Deposition of Nicholas Hallam. Boston, Nov. 7,
1705. At a County Court action, New London, 1705,
Oliver Manwening, administrator of the estate of
Saml. Raymond, New London, v. Capt. Thomas Avery,
the defendant pleaded the law of England in bar of the
action. The Court denied him the benefit of the Laws of
England, etc. Signed, N. Hallam. 1 p. |
|
1424. li. Deposition of Col. Partridge, Boston, Oct. 29, 1705.
Appointed by Governor Dudley to make applications
to Governor Winthrop for a supply of men to be posted
in the frontier towns, I did so from tyme to tyme,
especially when we expected an assault by the enemy
upon some of sd. towns, and from Feb. to Oct. 1705, I
could obtaine no reliefe. Signed, Samll. Partridge.
1 p. |
|
1424. lii. Copy of Order of the Assembly of Connecticut, Newhaven, Oct. 11, 1705. Appointing a Committee (the
Governor, with Capt. Nathan Gold, Peter Burr, Rev.
Timothy Woodbridge, Rev. Mr. Pierpoint, Capt. Cyprian
Niccolls, Capt. Abraham Fowler, and the Secretary,
Eleazar Kimberley), to inquire into the supposed
wrongs of Owaneco, etc. Endorsed, Since H.M. Commissioners sitting; Owaneco refused attendance. 1 p. |
|
1424. liii. Warrant to Owaneco to attend above Committee.
New London, Oct. 29, 1705. Signed, Eleazer Kimberly.
Endorsed, To which he answered he had been heard by
H.M. Commissioners, who he was sure would do him
right, and he had nothing with their Govermt. Signed,
J. Dudley. Copy. 1 p. |
|
1424. liv. Copy of the complaint of some inhabitants of New
London to the General Assembly against the Minister,
Mr. Saltonstall, and his maintenance, etc. May 9, 1700.
Signed, Edward Palmes and 70 others. 4 pp. |
|
1424. lv. N. Coddington to Governor Dudley. Newport,
Nov. 9, 1705. Recapitulates the difference about the
Narraganset Country. H.M. Commissioners have been
abominably abused. Everything is in confusion there.
Some persons here have been put under bonds for petitioning H.M. and others fined and thrown into gaol for
onely asserting their rights to land in the Colony, others
apprehended and threatened the gaol onely for desireing
that their deeds of claim of native right might be seen
into, and prohibitions set up forbidding several persons
to assert their right to those lands as these vagrant
persons are settled on; and if any petition to H.M. in
Council for relief, they are threatened to have their
estates taken away, as hath been before, and now on
such a petition within this two months, so that the
mouths of everyone must be stoped, etc. Signed,
Nathl. Coddington. Endorsed, Recd. Dec. 31, 1705.
Addressed. 3½ pp. [C.O. 5, 1263. Nos. 57, 57.i.–lv.] |
| [Nov. 2.] |
1425. Copy of Charter of Philadelphia, 1701. [See C.S.P.,
1702. No. 782, and 1702–3. No. 15.i.] Endorsed, Recd. 2nd,
Read Nov. 7, 1705. 8 pp. [C.O. 5, 1263. No. 37.] |
Nov. 2.
Treasury Chambers. |
1426. Mr. Lowndes to Mr. Popple. My Lord Treasurer
transmits enclosed to be laid before the Council of Trade and
Plantations. Signed, W. Lowndes. Endorsed, Recd. 3rd, Read
Nov. 8th, 1705. ½ p. Enclosed, |
|
1426. i. Mr. Secretary Hedges to the Lord High Treasurer.
Whitehall, Oct. 27, 1705. Encloses following. Signed,
C. Hedges. 1 p. |
|
1426. ii. Extract of Letter from Governor Seymour to
Sir C. Hedges, July 3, 1705 (q.v.), relating to want of
arms, Attorney General's salary, etc. 4 pp. |
|
1426. iii. Governor Seymour's Scheme for preventing abuses
in the Plantation Trade. All tobacco to be brought
to 5 ports only in the province by April 20 yearly. [See
July 3.] Maryland, June 26, 1705. Endorsed, Oct. 31,
1705. 6½ pp. [C.O. 5, 715. Nos. 91, 91.i.–iii.; and
(without enclosures) 5, 726. p. 322.] |
| [Nov. 2.] |
1427. R. Lillington to the Council of Trade and Plantations.
By reason of several defects. misresitalls and imperfections,
the Order of Council, Oct. 26, is ineffectual, and is not drawn
up by the Clerk of the Counsell agreeable with your Lordships'
report or H.M. directions thereupon. Prays for a copy of said
report. Signed. Roger Lillington, on behalf of George Lillington.
Endorsed, Recd. Read Nov. 2, 1705. ¾ p. [C.O. 28, 9.
No. 19. a.] |
Nov. 2.
Whitehall. |
1428. Mr. Secretary Hedges to Lt. Governor Bennet.
H.M. has been pleased to remit the fine sett upon Lt. Henley.
You are to assist him and his family in their return home and
allow him his pay to July 1st last. Signed, C. Hedges. [C.O.
324, 30. pp. 46, 47.] |
| [Nov. 2.] |
1429. Copy of the Charter of Priviledges to the People of
Pennsylvania granted by William Penn, Oct. 28, 1701. [See
C.S.P., 1702. No. 782.] William Penn, Proprietary and
Governour of the Province of Pennsylvania and Territories
thereunto belonging to all to whom these presents shall come
sendeth Greeting. |
|
Whereas King Charles II by his Letters Patents under the
Great Seal of England bearing date March 4, 1680, was graciously
pleased to give and grant unto mee, my heirs and assigns forever,
this Province of Pennsilvania with divers great powers and
jurisdictions for the well governing thereof, And Whereas the
King's Dearest Brother, James Duke of York and Albany etc.,
by his Deeds of Feeofment under his hand and seal duely perfected
bearing date Aug. 24, 1682, did grant unto mee, my heirs and
assigns, all that Tract of Land now called the Territories of
Pensilvania, together with powers and jurisdictions for the good
Government thereof, And Whereas for the encouragement of
all the Freemen and Planters that might be concern'd in the
said Province and Territories and for the good Government
thereof, I the said William Penn in 1683, for mee, my heirs and
assigns did grant and confirm unto all the Freemen, Platers and
Adventurers therein divers Liberties, Franchises and Properties
as by the said Grant, entituled the Frame of the Government of
the Province of Pensilvania and Territories thereunto belonging
in America, may appear, which Charter or Frame being found
in some parts of it not so suitable to the present circumstances
of the Inhabitants was in the third month in the year 1700
delivered up to mee by six parts of seven of the freemen of this
Province and Territories in Generall Assembly mett, provision
being made in the said Charter for that end and purpose, and
Whereas I was then pleased to promise that I would restore the
said Charter to them again with necessary alterations or in lieu
thereof give them another better adapted to answer the present
circumstances and conditions of the said Inhabitants, which
they have now by their Representatives in General Assembly
mett at Philadelphia requested mee to grant, Know yee therefore
that for the further well-being and good Government of the said
Province and Territories, and in pursuance of the rights and
powers before-mentioned, I the said William Penn doe declare
grant and confirm unto all the freemen, planters and adventurers
[mett at Philadelphia requested mee to grant, Know yee therefore that for the further well-being and good Government of the
said Province and Territories, and in pursuance of the rights
and powers before-mentioned, I the said William Penn doe
declare, grant and confirm unto all the freemen, planters and
adventurers] and other inhabitants in this Province and Territories
these following Liberties, Franchises and Priviledges so farr
as in mee lyeth, to be held, enjoyed and kept by them forever.
First, because no people can be truely happy though under the
greatest enjoyments of civil Liberties if abridged of the freedom
of their consciences as to their religious profession and worshipp,
and Almighty God being the only Lord of Conscience, Father
of Lights and Spirits and the Author as well as object of all divine
knowledge, faith and worshipp, who only can enlighten the
mind and perswade and convince the understandings of people,
I do hereby grant and declare that no person or persons inhabiting
in this province or Terrs. who shall confesse and acknowledge
one Almighty God the Creator, Upholder and Ruler of the World,
and professe him or themselves obliged to live quietly under the
Civil Government shall be in any case molested and prejudiced
in his or their person or estate because of his or their conscientious
perswasion or practice, nor be compelled to frequent or maintain
any religious worshipp, place or ministry contrary to his or their
mind, or to doe or suffer any other Act or Thing contrary to their
religious perswasion, And that all persons who also professe to
believe in Jesus Christ the Saviour of the world shall be capable
(notwithstanding their other perswasions and practises in point
of conscience and Religion) to serve this Government in any
capacity both legislatively and executively, he or they solemnly
promiseing when lawfully required allegiance to the King and
Sovereign and ffidelity to the proprietary and Governour auld
[? and] takeing the attests as now established by the Law made
at Newcastle, 1700. |
|
Secondly, for the well governing of this Province and Territories,
there shall be an Assembly yearly chosen by the Freemen thereof
to consist of four persons out of each county of most note for
virtue, wisdom and ability (or of a greater number at any time
as the Governour and Assembly shall agree, upon the first day
of October forever, and shall sitt on the 14th day of the said
month in Philadelphia, unless the Governour and Council for
the time being shall see cause to appoint another place within
the said Province or Territories, which Assembly shall have
power to choose a Speaker and other their Officers, and shall
be judges of the qualifications and elections of their own members,
sitt upon their own adjournments, appoint Committees, prepare
Bills in order to pass into Laws, impeach criminals and redress
grievances, and shall have all other powers and priviledges of
an Assembly, according to the rights of the freeborn subjects of
England, and as is usual in any of the King's Plantations in
America, And if any County or Counties shall refuse or neglect
to choose their respective Representatives as aforesaid, or if
chosen doe not meet to serve in Assembly, those who are so
chosen and mett shall have the full power of an Assembly in as
ample manner as if all the Representatives had been chosen and
met, provided they are not less then two thirds of the whole
number that ought to meet, And that the qualifications of Electors
and Elected and all other matters and things relateing to Elections
of Representatives to serve in Assemblies, tho' not therein
particularly expressed, shall be and remain as by a Law of this
Government made at Newcastle, 1700, entituled an Act to
ascertain the number of Members of Assembly and to regulate
Elections. Thirdly, that the Freemen in each respective County
at the time and place of meeting for electing their Representatives
to serve an Assembly may as often as there shall be occasion choose
a double number of persons to present to the Governour for
Sheriffs and Coroners to serve for three years, if they so long
behave themselves well, out of which respective elections and
presentments the Governour shall nominate and commissionate
one for each of the said offers [? offices] the third day after such
presentment, or else the first named in such presentment for
each office as aforesaid shall stand and serve in that office for the
time before respectively limitted, and in case of death and default
such vacancies shall be supplyed by the Governour to serve to
the end of the said terme, Provided allways that if the said
Freemen shall at any time neglect or decline to choose a person
or persons for either or both ye aforesaid Offices, then and in
such case the persons that are or shall be in the respective offices
of Sheriffs or Coroner at the time of election, shall remain therein
untill they shall be removed by another Election as aforesaid,
And that the Justices of the respective Counties shall or may
nominate and present to the Governour three persons to serve
for Clerke of the Peace for the said County when there is a vacancy,
one of which the Governour shall commissionate within ten
days after such presentment, or else the first nominated shall
serve in the said office dureing good behaviour. Fourthly, that
the Laws of this Government shall be in this stile, viz. [By the
Governour with the consent and approbation of the Freemen
in General Assembly mett] and shall be after confirmation by
the Governour forthwith recorded in the Rolls Office, and kept
at Philadelphia unless the Governour and Assembly shall agree
to appoint another place. Fifthly, that all criminals shall have
ye same priviledges of witnesses and Councill as their prosecutors.
Sixthly, that no person or persons shall or may at any time hereafter be obliged to answer any complaint, matter or thing
whatsoever relateing to property before the Governour and
Council, or in any other place but in the ordinary Courts of
Justice, unless appeals thereunto shall be hereafter by Law
appointed. Seventhly, That no person within this Government
shall be licensed by the Governour to keep Ordinary, Tavern,
or house of public Entertainment but such who are first recommended to him under the hands of the Justices of the respective
Counties signed in open Court, which Justices are and shall be
hereby impoured to suppress and forbid any person keeping such
publick house as aforesaid upon their misbehaviour on such
penalties as the Law doth or shall direct, and to recommend
others from time to time as they shall see occation. Eighthly,
If any person through Temptation or melancholly shall destroy
himself, his estate reall and personal shall notwithstanding
descend to his wife and childred or relations as if he had dyed
a natural death, and if any person shall be destroyed or killd
by casualty or accident, there shall be no forfeiture to the
Governour by reason thereof. And no act, law or ordinance
whatsoever shall at any time hereafter be made[r] or done to
alter, change or diminish the form or effect of this Charter or
of any part or clause therein contrary to the true intent and
meaning thereof, without the consent of the Governour for the
time being and six parts of seven of the Assembly mett. Butt
because the happiness of mankind depends so much upon
enjoying of liberty of their consciencies as aforesaid, I do hereby
solemnly declare, promise and grant for mee, my heirs and
assigns, that the first Article of this Charter relating to liberty
of conscience and every part and clause therein according to the
true intent and meaning thereof shall be kept and remain without
any alteration inviolably forever. And lastly I the said William
Penn, Proprietary and Governour of the Province of Pensilvania
and Territories thereunto belonging for myself, my Heirs and
Assigns, have solemnly declared and granted and confirmed
and doe hereby solemnly declare, grant and confirm that neither
I my Heirs or Assigns, shall procure or doe any thing or things
whereby the Liberties in this Charter contained and expressed
nor any part thereof shall be infringed or broken, and if anything
shall be procured or done by any person or persons contrary
to these presents, it shall be held of no force or effect, In Witness
whereof I the said William Penn at Philadelphia in Pensilvania
have unto this present Charter of Liberties sett my hand and
broad seal this 28th day of October in the year of our Lord 1701,
etc. And notwithstanding the Closure and Test of this present
Charter as aforesaid, I think fitt to add this following provisoe
thereunto as part of the same, That is to say that Notwithstanding any Clause or Clauses in ye above-mentioned Charter
obliging the Province and Territories to joyne together in
Legislation I am content and doe hereby declare that if the
Representatives of the Province and Territories shall not hereafter
agree to joyne together in Legislation, and that the same shall be
signified to mee or any [? my] Deputy in open Assembly or otherwise from under the hands and seals of the Representatives (for
ye time being) of the Province or Territories, or the major part
of either of them any time within 3 years from the date hereof,
that in such case the inhabitants of each of the Three Counties
of this Province shall have not less then 8 persons to represent
them in Assembly for the Province and the inhabitants of the
Town of Philadelphia (when the said Town is incorporated) two
persons to represent them in Assembly, and the inhabitants of
each County in the Territories shall have as many persons to
represent them in a distinct Assembly for the Territories as
shall be requested by them as aforesaid, Notwithstanding which
separation of the Province and Territories in respect of Legislation,
I doe hereby promise, grant and declare that the Inhabitants
of both Province and Territories shall separately enjoy all other
Liberties and Priviledges and Benefits granted joyntly to them
in this Charter, any Law, Usage or Custome of this Government
heretofore made and practised, or any Law made and passed by
this Generall Assembly to the contrary hereof notwithstanding.
Signed, William Penn. Edwd. Shippen, Phineas Pemberton,
Saml. Carpenter, Griffith Owen, Caleb Pusey, Thomas Story,
Proprietary's and Governor's Councill. Subscribed. This
Charter of Priviledges being distinctly read in Assembly, and
the whole and every part thereof being approved of and
agreed to by us, wee do thankfully receive ye same from our
Proprietary and Governour at Philadelphia, Oct. 28, 1701.
Signed, in behalf and by order of ye Assembly, Jos. Growden, Speaker. A true copy, James Logan, etc. Endorsed,
Recd. 2nd, Read Nov. 7th, 1705. 4 large pp. [C.O. 5, 1263.
No. 38.] |
Nov. 3.
Whitehall. |
1430. Mr. Secretary Hedges to the Council of Trade and
Plantations. In reply to letter of Oct. 29 concerning Mr. Dummer's
advertisement and the Spaniards. I desire you would let
me know whether you can think of any method for doing it
privately. Signed, C. Hedges. Endorsed, Recd. Read Nov. 7,
1705. 1 p. [C.O. 323, 5. No. 90; and 324, 9. p. 114.] |
Nov. 3.
Boston. |
1431. Governor Dudley to the Council of Trade and
Plantations. The enclosed are copys of the accompts sent to
my Lord Godolphin of the gold etc. taken from Capt. Quelch etc.
[See Nov. 1, etc.] Signed, J. Dudley. Endorsed, Recd. Dec. 31,
1705. Read Jan. 23, 1705/6. ½ p. Enclosed, |
|
1431. i. Copies of accounts referred to in preceding. The
whole endorsed, Recd. Dec. 31, 1705. 4 pp. [C.O. 5,
863. Nos. 145, 145.i.–iv.] |
Nov. 3.
Boston. |
1432. Governor Dudley to the Council of Trade and
Plantations. Enclosing following. Signed, J. Dudley. Endorsed,
Recd. Dec. 31, 1705. Read Feb. 28, 1706/7. Addressed. Sealed.
½ p. Enclosed, |
|
1432. i. Proposal of the Representatives and Freeholders of
New Hampshire to Samuel Allen. Portsmouth, May 3,
1705. They make no claim to any part of this Province
extra ye bounds of ye four towns of Portsmouth,
Hampton, Dover and Exeter, with ye hamlets of
Newcastle and Kingstown appertaining, which are all
comprehended by a line of ye western part of Dover,
Exeter and Kingstown, already layd out, and to be
forthwith revised. Allen, his heirs etc. may peaceably
enjoy the great waste, 40 × 20 miles or thereabouts
at ye heads of ye towns aforesaid. So far from giving
interruption to the settlement thereof, the inhabitants
of this Province desire by all means that ye sd. waste
be planted etc., and will give all encouragement. If
Allen quit all claim etc. to the land within the towns
aforesaid, and this agreement be confirmed by H.M.,
we agree to lot and lay out unto him and his heirs
500 acres out of the townships of Portsmouth and
Newcastle, 1500 out of the township of Dover, 1500 out
of the townships of Hampton and Kingstown, and
1500 out of the township of Exeter. Also to pay to him,
his heirs etc., 2,000l. currt. money of New England, i.e.
1,000l. within 12 months, and the other 1,000l. within
12 months after the first payment. And further,
that all contracts between Mr. Mason or Allen with
any the inhabitants or other H.M. subjects, which are
bona fide for land or other priviledges in the possession
of the tenants in their own just right, besides the claim
of Mr. Mason or Mr. Allen, and no other shall be
accounted valid etc., etc. If Mr. Allen agree, pray the
Governor to lay these articles before H.M. etc. Signed,
John Pi[c]kerin, Saml. Keais, Sam. Levett, Saml. Thing,
Thos. Rhobie, Nathl. Hill, Wm. Cotton, Wm. Wallis,
Wm. Furber, Wm. Seavy, Gershom Elkins, Saml. Shaw,
Wm. Partridge, Richard Waldron, Thos. Phipps, Jno.
Tuttle, Kinsley Hall, Theophilus Dudley, John Stanyan,
Theodore Atkitson, Saml. Dow, John Brackill, Thomas
Philbrick, Jona. Sacbun. Endorsed, Recd. Dec. 31,
1705. 2¾ pp. |
|
1432. ii. Account of Ordnance and Stores of War at Boston,
Salem, Marblehead and Newcastle. March—Sept., 1705.
Endorsed as preceding. 12¼ pp. [C.O. 5, 864. Nos. 96–110; and (without enclosures) 5,912. pp. 263, 264.] |
Nov. 3.
St. Xphers. |
1433. Lt. Governor Johnson to the Council of Trade and
Plantations. In reply to letter of Aug. 30 (q.v.). We never
proceed by any laws that are not confirmed, except such as lye
before H.M. for the royall assent, copies of which I shall send
your Lordships per next, with the laws of all the Islands. As to
the list of those Acts your Lordships sent me, my indisposition
of being seized with a violent malignant feaver (in going to visitt
two Leeward Islands, Anguilla and Spanish Town, the first
haveing 100 men and the other 61, to see what condition they
were in), which lasted me 23 days without intermitting, oblidg'd
me to stay at St. Christopher's, being uncapable to goe to Nevis,
where all my papers are, which makes me unable to give your
Lordships soe perticular an account. I believe, though am
not very certain that in 94 and 95 there was a General Councill
and Assembly held att Antigua, and those laws made there then
are laws for the Islands in generall, and the custome is att ye
breaking up of such Generall Assemblys the Representatives of
each Island carry all such Acts as are there made to their
respective Islands, there to be recorded, which is all the
explanation I can give your Lordshipps att present, and when
your Lordpps. receive the laws from the other Islands, your
Lordshipps will find the same laws in every of the Islands. Per
next shall write more fully upon this and other matters, and
as soon as I am a little better recovered from my indisposition
shall visit all the Islands and see everything done in pursuance
to your Lordshipps' Instructions in collecting the laws. Signed,
Jon. Johnson. Endorsed, Recd. Jan. 10, Read April 8, 1706.
2 pp. [C.O. 152, 6. No. 39; and 153, 9. pp. 322–324.] |
Nov. 3.
St. Christophers. |
1434. Lt. Governor Johnson to Sir C. Hedges. Acknowledges
letter of Feb. 22 and July 12. H.M. Order never came to my
hands till now, having been to visit Anguilla and Spanish Town
etc. Repeats parts of preceding. Will send accounts of stores
and Admiralty tenths etc. What your Honours writes concerning Governor Yeamans, I am afraid his character was not
presented as he deserves; for he is a man of a loyall and just
principall, of a solid judgment and of integrity to H.M., who
always bore a just and good character, one of a plentifull estate
and well educated; 3 or 4 year agoe he had leave to goe home
where he had the honour of kissing the Queen's hand and was
recommended to H.M. by severall worthy gentlemen, and
should I goe to look for a man in all the Islands to succeed him,
could not find a man soe fitting. But [that] Sir W. Mathew
brought some friends with him wch. he was resolved to preferr
that in a little time wee should have all had the same character
Governor Yeamans had. Signed, Jon. Johnson. Endorsed, R.
Jan. 10. 3 pp. [C.O. 239, 1. No. 8.] |
Nov. 3.
Boston. |
1435. Governor Dudley to Mr. Popple. Refers to letters
of Nov. 1 and 3 and enclosures. You will please to lay before
their Lordships the Address of the Assembly etc., that they be
not surprised with it etc. Signed, J. Dudley. Endorsed, Recd.
Dec. 31, 1705. Read Jan. 23, 1705/6. Holograph. 1½ pp.
Enclosed, |
|
1435. i. Governor Dudley's Address to the Assembly of the
Massachusetts Bay. [Sept., 1705.] When I parted
from you last I had no intention to have seen you upon this
prorogation, but to have left the ordinary affairs of the
Goverment to the usual time of your setting nearer the
winter, but upon the receipt of H.M. gracious Letters,
which I have now to lay before you, I judge the present
Session absolutely necessary. H.M. commands are not
new, but such as I brought with me at my arrivall.
Refers to former proceedings as to rebuilding Pemaquid,
assisting the fortification at Piscataqua River and setling
salaries. Repeats H.M. letter of Jan. 25. After all the
royal favours and protection we have had from H.M.,
these are the only commands that have bin given us,
and our neglect and disobedience therein will be
attended with very just resentments. I very well
know that it may be easily objected that the Province
is at great charge in the present warr, but I must as
well remember you that these commands were given us in
peace before the troubles began, when there was no such
objection to be offered, and our just obedience to H.M.
is the nearest method that I know of to procure the
favour of Almighty God to restore us peace and put
us into a capacity to obey H.M. commands in greater
things than these. I desire and direct that in this
Session you proceed to the consideration of H.M. letter,
and I shall meet the Assembly in another Session in
the usual season about a month hence, to which all
affairs depending shall be referred. And this Assembly
will give me their answer, and I hope remember to
Address H.M. with their humble thanks for the great
encouragement given to the importation of Navall
Stores by the Acts of Parliament, and H.M. royal bounty
in the cannon bestowed upon us, in all which I shall be
glad to assist etc. Endorsed, Recd. Dec. 31, 1705.
1½ pp. |
|
1435. ii. Reply of the Representatives of the Massachusetts Bay
to Governor Dudley. Sept. 11, 1705. (1) As to the
building of a fort at Pemaquid, we are humbly of opinion
that H.M. hath received misrepresentations concerning
the necessity and usefulness of a Fort there.
Recapitulate Address to H.M. March 27, 1703. (Cf.
C.S.P., 1703. No. 1266.) We did therefore at our
Session in February last joine with the Council in
making our humble Address to H.M. upon the affair
aforesaid, which we hope some time since hath arrived
to H.M. favourable acceptance. In which was inserted
the insupportable charge of the war, which has cost us not
less than 80,000l., the greatest part whereof is still unpaid.
We would now further suggest that ye Fortification
at Casco-Bay, which in the first intention of it was
designed only as a cover to a small Traiding House
erected there at the request of the Eastern Indians,
is now very much enlarged, demanding a great expence
for the support thereof, and is seated near the extents
of the former settlements and plantations of the English
within this Province, and considerably beyond any of
the present English dwellings. Which reasons we
humbly hope will render us excusable for not building
a Fort at Pemaquid. (2) As to contributing to the
charge of Piscataqua Fort, the Fort in that Province
has been built several years past, when it was not desired
or thought necessary that this Province should assist
them therein. The late reform and reparations made
of the same stands that whole Province about the sum
of 500l., which doth not amount to the quota of several
particular towns within this Province towards the
charge of the war within the compass of one year. And
all the navigation and trade of this Province comeing
down Piscataqua River have been charged with a
considerable duty towards the support of that Fort.
And this Province hath always afforded such guards
as were needful for their haling of masts, timber etc.
for H.M. service, whilst the principal benefit of that
trade has accrued to that Province, and they have
never contributed anything to the charge of our forces,
forts and garrisons or guards by sea, that are as great
a safety and defence to them as to ourselves. But the
public charge of that Government has been much less
proportionably than the charge of this. Which beeing
considered, we hope no assistance will be expected from
us, towards the charge of the said Fort. (3) The
circumstances of this Province as to our ability to
support the Government are at times so different that
we fear the settling of fixed salaries will be of no service
to H.M. interests, but may prove prejudicial to H.M.
good subjects here, etc., as C.S.P., 1703. p. 813. |
|
Upon the foregoing heads we propose to address H.M.,
and with our humble thanks for her royal bounty,
wherein we hope the Councill will joyne with us, and
that your Excellency's favourable influence will not be
wanting thereto. Signed, Thomas Oakes, Speaker.
Endorsed, Recd. Dec. 31, 1705. Copy. 2½ pp. |
|
1435. iii. Address of the Council and Representatives of the
Massachusetts Bay to the Queen. Return hearty thanks
for the gift of 20 cannon, "and for the good assistance
your Majesty has been pleased to afford us in sending
the Deptford frigatt in our time of need, when our coast
has been infested with French privateers."Offer
reasons as in preceding for not building a fort at
Pemaquid, contributing towards the Fort at Piscataqua
River, or settling salaries. 3 pp. [C.O. 5, 863.
Nos. 146, 146.i.–iii.; and (without enclosures) 5, 912.
pp. 96–99.] |
