|
| Nov. 21. |
1464. W. Popple, jr., to Paul Docminique. The Council
of Trade and Plantations enclose extract of letter from Lord Cornbury, Feb. 19, relating to Mr. Morris, and desire to speak with you.
[C.O. 5, 994.A. pp. 252, 253.] |
Nov. 21.
Whitehall. |
1465. Council of Trade and Plantations to the Queen.
Recommend H.M. to confirm Col. Richard Townley, Daniel Cox,
and Roger Mompesson, Members of Council of New Jersey, as
appointed by Lord Cornbury. [C.O. 5, 994.A. pp. 253, 254.] |
| Nov. 21. |
1466. Mr. Penn to the Council of Trade and Plantations.
Honorable Friends, This comes to assure you that all the Laws
past in Pennsylvania in ye yeares 1700 and 1701 were past by me
whilst there, and I have no ground upon second thoughts to say
otherwise. I am your assured ffriend, Signed, Wm. Penn.
Endorsed, Recd. Read Nov. 22, 1705. Addressed. Sealed.
Holograph. 1 p. [C.O. 5, 1263. No. 47; and 5, 1291. p. 234.] |
Nov. 21.
St. Johns, Newfoundland. |
1467. Major Lloyd to the Council of Trade and Plantations.
At my arrivall, I found wanting in the Company 28 private
sentenells and one drummer, ye provisions of which since their
death I could have noe acct. from Mr. Moody of. Your
Lordships are very sencable how much the soldiers have already suffered, their subsistance being stopped this present year
to make good former accts. Should another charge come upon
them by means of Mr. Moody's having disposed of that provision,
which ought to make good and answer the respitts, it cant be
immagined they will be able to live without any pay. Proposes
that Mr. Moody be made responsible for the respitts, etc. Refers
to Mr. Roope now going for England. Signed, Tho. Lloyd.
Endorsed, Recd. Read Jan. 10, 1705/6. 1 p. [C.O. 194, 3. No.
85; and 195, 4. pp. 70–72.] |
| [Nov. 21.] |
1468. J. Bentham to the Council of Trade and Plantations.
Prays that he may have an account of the personal estate of
Edmund Mott, who went Chaplain to Lord Cornbury, and died in
petitioner's debt at New York, 1704. Signed, Joseph Bentham.
Endorsed, Recd. Read Nov. 21, 1705. 1 p. [C.O. 5, 1048.
No. 124; and 5, 1120. pp. 346, 347.] |
Nov. 21.
Whitehall. |
1469. W. Popple, jr., to Mr. Penn. Encloses observations of
the Postmaster General. [Nov.19.] [C.O. 5, 1291. p. 233.] |
Nov. 22.
New York. |
1470.Governor Lord Cornbury to Sir Ch. Hedges.
Acknowledges Instructions of April 20. I am satisfied the Gentlemen
of H.M. Councill will doe anything in their power (to promote the
trade in naval stores), and I hope the Assembly may be prevailed
with to doe their part too, etc. Recounts proceedings of the
Assemblies of New York and New Jersey. See Nov. 20, etc. Signed,
Cornbury. Endorsed, R. Feb. 2. Holograph. 4 pp. Enclosed, |
|
1470. i. Journal of Assembly of New York, Sept. 19—Oct. 13,
1705. Same endorsement. 17 pp. |
|
1470. ii.–iii. Duplicates of Nos. 1462.ii., viii. |
|
1470. iv. Copy of Bill for raising 1,700l. for the defence of the
frontiers, July 3, 1705. [C.O. 5, 1084. Nos. 31,
31.i.–iv.] |
Nov. 23.
Whitehall. |
1471. Sir C. Hedges to the Council of Trade and Plantations.
H.M. refers following to the Board for their opinion. Signed,
C. Hedges. Enclosed, |
|
1471. i. Assembly of Bermuda to the Queen. Pray that the
records of Mr. Jones' conviction may be reviewed,
previous copies having miscarried by means of the
enemy, whereby we humbly conceive H.M. will find
sufficient reason to order Edward Jones to be discharged
from his office of Secretary and Provost Marshall, etc.
Signed, Francis Jones, Speaker, Saml. Browne, Michaell
Borro'[ws], Tho. Burton, Saml. Sherlock, Richd. Gilbert,
Richd. Appowen, Saml. Smith, Nathanael Bethel, John
Trimingham, Henry Tucker, Henry Tucker (? jr.), George
Lecroft, Dll. Johnson, Dll. Tucker, William Stone, John
Peasley, Rowland Greatbeatch, John Dickinson, Danll.
Scrogham, Thomas Attwood. Endorsed, Recd. Nov. 28,
1705. Read Feb. 4, 1705/6. 1 p. [C.O. 37, 7. Nos. 11,
11.i.; and 37, 26. Nos. 15, 15.i.; and 38, 6. pp. 143–145.] |
| Nov. 24. |
1472. Mr. Campbell to Sir Charles Hedges. They write
from St. John's in Newfoundland, Sept. 17, that since their
last of ye 5th ditto, the French and Indians have ruind what
remain'd of the English settlements to the northward, and
barbarously murdered many of the inhabitants in cold blood after
quarters given, particularly 9 persons in Trinity Bay, and 9 men,
a boy and a girle att Bonavista. They have putt Bonavista under
contribution and carried some of the people from thence to
Placentia as hostages for a ransome of 1,000l. sterl. besides 400l.
which the enemy rais'd there in May last. Amongst these carried
away is my Factor at Bonavista, from whence also they took a
ship belonging to me solely. About Sept. 12, the enemy caried
off six English prisoners within a myle of Fort William at St. John's.
250 families of French Indians aryved from Canada at Placentia
last summer. The two English men of warr at St. Johns were
still there, but resolved to leave that land, on Oct. 1st last. They
had then no advice from England. Signed, Ja. Campbell.
Endorsed, R. Nov. 25, 1705. Addressed. Sealed. 1 p. [C.O.
194, 22. No. 55.] |
| Nov. 24. |
1473. Notes of a voyage from Havana [?by F. Farnandos].
Sailed Feb. 14, 1704 (? 5), in company with the Admiral and 4
other ships, which the Spaniards owned to be worth 78 millions,
besides 2 others worth 20 mill. 1 p. |
|
1473. i. Fr. Farnandoe (? Fernandos) to Sir Charles [? Hedges].
Nov. 24, 1705. Since I find yt in what I have proposed
I cannot be serviceable to my nation, I hope I may
have leave to go to Jamaica by a ship sailing in 15 days'
time. Signed, Francis Farnandoe. Endorsed, R. Nov.
24. ½ p. [C.O. 137, 45. Nos. 72, 72.i.] |
Nov. 26.
Whitehall. |
1474. W. Popple, jr., to P. Docminique. Desires an answer
to letter of Nov. 21. [C.O. 5, 994.A. pp. 254, 255.] |
Nov. 26.
New York. |
1475. Governor Lord Cornbury to the Council of Trade and
Plantations. Acknowledges letter of April 18, 1705. This I have
obeyd by sending copys of the charges [against Connecticut and
Rhode Island] by an express to the respective Governors' own
hands, but I have yet noe answers. To prove the charges (see
Feb. 12). (1) That the people of Connecticut carry on an illegal
trade with the east end of Long Island is known to everybody here,
and appears by the condemnation of a sloop belonging to
Connecticut, named the Rachell. That they encourage piracy
appears by the depositions of Orchard and Hicks. (2) They
harbour pirates. Some time before I received these articles, I was
informed that two of Avery's crew were settled in Connecticut,
I asked the person who told me of it if he could make oath of it,
he said noe, but that he would inform himself better and would
give me a farther account, he did goe into Connecticut on purpose,
but is not yet returned, soe I can not send any affidavit upon that
article. (3) This will appear by the affidavit of Capt. Mathews.
(4) Refers to reports of former Governors. I have writ twice to Col.
Winthrope to demand the quota, but all the answer I could get from
Connecticut is that they could not comply with my demands till
they had apply'd to the Queen, and from Rhode Island, that
they are poor, and that they are at soe great charges for the putting
their Island in a posture of defence, that they cannot raise that
sum. This is a truth, which if they will deny, I will make oath of
whenever your Lordshipps will please to command me. (5) This
will be pretty plainly proved by the affidavits of one Auboineau, a
merchant of this city, and Richard Sacket, a brewer of this city,
who have both suffered sufficiently and very lately by their denyall
of Justice, etc. (6) I referr to their Books of Laws, which I herewith send, etc. How farr they are by their Charter impowered to
make Capitall laws, your Lordshipps will be best informed by
looking into their Charter. That they are arbitrary and unjust
will appear by the oath of Auboineau. (7) I referr to the first
Law in their Book, and likewise to a paper intituled, A County
Court holden at New London, Sept. 20, 1698, towards the bottom
of the page you will find this clause, "It is agreed by Plaintiffs and
Defendants that the Laws of England shall be pleaded and made
use of in this case, and it is allowed of by this Court," etc. This
paper is under the seale of the Province of Connecticut. (8)
Referr to the case of Major Palmes, who is now going into England
to make his complaint, and to the oath of James Fitch and Samuell
Mason, which is attested under the seal of Rhode Island. (9)
Refers to reports of former Governors. As for my time, two years
agoe Col. Winthrope, who was then and now is Governor of
Connecticut, came to make me a visit, I then took oportunity to
tell him that I would goe into Connecticut and publish my
Commission for the command of their Militia, and my Commission
to be Vice-Admirall, he told me whenever I would come into
Connecticut, I should be welcome, but they would not part with
their Militia. Refers to their Book of Laws. The last Article
is for making a Law against all Religions but their own. This
appears very plainly by their Law, p. 29, under the head
Ecclesiasticall. That that Law has been put in practice appears
by the commitment of John Pearce, Daniel Pearce and John Mosse,
certified under the seale of Rhode Island. Thus I have endeavoured
to answer H.M. commands. I should have been able to have done
it better, had not some of the Magistrates of Connecticut frightned
severall people from coming over to me to Long Island, who would
have been able, and willing to give very full evidence upon severall
of the Articles, but now durst not, I hope I shall find a time more
favourable to get their depositions, and if I doe, I will not fail to
transmit them. In the mean time, give me leave to observe that
the first Law in their Book abrogates all the Laws of England at
once. I recommend to your perusall a Law of theirs under the
head of Divorce, and likewise I intreat you to consider the oath
of a Grand Jury Man, etc. Signed, Cornbury. Endorsed, Recd.
Feb. 1, Read April 4, 1706. Holograph. 3 pp. Enclosed, |
|
1475. i. Gov. Cranston's Certificate that the following evidence
was sworn before him. Oct. 10, 1705. Signed, Samll.
Cranston. 1 p. |
|
1475. ii. Duplicate of Nov. 2. xlviii. |
|
1475. iii. Copy of proceedings of the General Court of Connecticut, Hartford, Oct. 10, 1700. Mr. Gurdon Saltonstall,
Plf. v. Edward Palmes, Lt. James Avery, and St. John
Morgan for slander. Defendants deny jurisdiction of
Court. Plaintiff ought to lay his action at Common
Law and not to bring it to this Court by petition. The
Court overruled that plea. Defendants then pleaded that
their remonstrance regarding Saltonstall was a complaint
to authority. The Court overruled them, and they then
pleaded that what they said was no slander, but true,
and demanded a trial by jury. Signed, Edward Palmes,
James Avery. Note by Palmes. Eleazer Kimberley,
Secretary, when copies of above pleas, delivered to the
Assembly, Oct. 10, 1701, were demanded, Sept. 28, 1705,
said they were not to be found in the Office of Record of
the General Court. 2 pp. |
|
1475. iv. James Fitch to Mr. Saltonstall. July 28, 1701. You
told me the town had voted you a salary of 70l. and
that if they could not get money they must pay double
in pay, etc. Copy. 1 p. |
|
1475. v. Deposition of James Fitch, jr., July 28, 1701. Capt.
Witherell owned the vote was 70l. in money. Copy.
1 p. |
|
1475. vi. Copies of two Acts of Connecticut, (1) declaring that
it is only in the power of such townships to whom a
grant is made to purchase lands of the Indians, and all
other purchases are illegal; (2) repealing the Law of
Forceable Entry. 1 p. |
|
1475. vii. Copy of Mittimus, signed by Daniel Wetherell and
Richard Christopros (?phers), addressed to Jeremiah
Chapman, gaol keeper, to keep in custody till the General
Court in Nov., John Pearce and John Mees, of Prudance
[? Providence] Island in the Government of Rhode Island,
who were taken up at the house of William Stoutes in
New London with several others attending on a Church
administration distinct from and in opposition to that
which is pobbeleckly observed by the approved minester
of the place. They confessed that they did there
preach, and did dip a man the same day, etc. Sept. 25,
1704. 1 p. |
|
1475. viii. List of following documents and certificate that they
are genuine copies. Signed, Eleazar Kimberly. Sept.
28, 1705. ¾ p. |
|
1475. ix. Copy of agreement between Sir H. Ashhurst and
Wm. Wharton as to the date of the prosecution of an
Appeal to H.M. in Council. Sept 14, 1704. 1 p. |
|
1475. x. Copy of Judgment of the County Court, New London,
March 26, 1691, in the case Gurdon Saltonstall v. John
Winthrop, Major Edward Palmes and Alice Liveen,
executors of John Liveen; claim for part of the estate
bequeathed to the use of the Ministry of New London.
Verdict for Plaintiff. 3 pp. |
|
1475. xi. Copy of the judgment of the County Court, New
London, Sept. 20, 1698. Edward Palmes and John
Hallam are non-suited under the English statute of
limitations in an action v. John Winthrop, Richard
Christophers, and Samuel Fosdick, for seizing and holding
the Liveen and her cargo. Sept. 22, 1691. Mr. Saltonstall appears for defendants. Appeal to the Court of
Assistants refused. Endorsed, Recd. Feb. 1st, 1705/6. 1¼ pp. |
|
1475. xii. List of following documents and certificate that they
are genuine copies. Signed, Eleazar Kimberly. Sept.
29, 1705. 1 p. |
|
1475. xiii. Copy of Judgement of the General Court, Hartford,
Oct. 10, 1700. Major Edward Palmes, Lt. James Avery
and Lieut. John Morgan v. Gurdon Saltonstall. Saltonstall is acquitted of the charges brought against him, and
the votes of New London for the settlement of his salary
approved as agreeable to the Laws of this Colony. 1 p. |
|
1475. xiv. Copy of testimony of Samuel Mason, Assistant.
Mr. Noyes told me the paper of complaints of Major Palmes
was not in Court, but that the Elders had it at New
London, and that it was in Mr. Steers his writeing. 1 p. |
|
1475. xv. Copy of Certificate by Richard Christophers that
Gurdon Saltonstall, Minister of New London, hath given
the town credit in his account with them respecting his
yearly salary for various sums. 1 p. |
|
1475. xvi. Copy of Petition of Gurdon Saltonstall to the
General Assembly at Hartford, Oct. 10, 1700, that
cognizance may be taken of the slanderous remonstrance
against him presented by Major Palmes, etc. to both Houses
in May. 1 p. |
|
1475. xvii. Copy of citation of Major Palmes, Lt. Avery and
Lt. Morgan to appear and respond to above. New London,
Sept. 16, 1700. Signed, Daniel Wetherell, Assist. 1¼ pp. |
|
1475. xviii. Mr. Saltonstall to the House of Representatives of
Connecticut. Oct. 10, 1700. Reasons for hearing his
above petition. Copy. 1 p. Nos. xii.–xviii. endorsed,
Recd. Feb. 1, 1705/6. |
|
1475. xix. Deposition of R. Orchard, of Boston, Hatter, aged 70.
New York, Sept. 5, 1705. In March, 1699, bound to
New York from Boston to buy beaver, the wind proving
contrary they put into Connecticut, where they were
informed that there was a ship lay off of Long Island, wch.
sold very good pennyworths, and it being thought that
she was an interloper come from Scotland, the Master
went on board, and being returned said he believed she
was a pirate. Deponent being told there was not a J.P.
within 15 miles, posted a way to Rhode Island and informed
the Governor there then in Court, and that there was a
sloop which had loaded from her coming round for that
Island. The Depy. Collector found it so and seized several
goods. In the mean time the Governor in Court ordered
a Constable to sieze Deponent and told him he was a
prisoner, and that since he had informed against several
of the neighbourhood as trading with Pirates, he must
enter into bond to prosecute them. His own bond for 100l.
sterl. was taken. After which Deponent said that as he
had informed ye Govermt. of Rhode Island, so he would
also go and informe ye Govermt. of Boston, having
heard that a sloop was gone from ye said ship to yt. place,
whereupon the Governor in Court demanded his money.
Deponent remonstrated, as being obliged to enter into
bond to prosecute and at the same time being rendered
incapable of doing so. But he was forced to deliver his
money, wch. they keep to this day, nor would they ever
suffer any prosecution to go on according to the sd.
information. The Governor then refused to lend him
20s. to proceed to Boston on the King's service, and
Dept. was informed that one Bennet, who was one of
those charged with trading with the pirate, had threatened
to knock him on the head. He got away next morning
about break of day towards Boston, and informed the
Government of the same matter, wch. was so far from
taking any notice thereof, that they imprisoned him for
2¼ years. Signed, Robert Orchard. Endorsed as
preceding. 2 pp. |
|
1475. xx. Deposition of M. Hicks, N. York, Sept. 8, 1705.
Daniel Dowley and Peter Brock, of Rhode Island having
been in ye East Indies on board the Mocha frigate,
Dowley died soon after his return, leaving in Brock's
hands several sums of money to be delivered to deponent,
who was being tried in England for being on board the
Mocha. Returning to Rhode Island, Deponent has
not been able to get this money from him, nor justice
against him. It is notoriously known that Brock was
on board the Mocha and in her guilty of piracy. Signed,
Mich. Hicks. Endorsed as preceding. 1 p. |
|
1475. xxi. Deposition of R. Sackett, Brewer, of New York,
Nov. 28, 1705. In Sept. last he took out a writ in
Connecticut against Caleb Beek, who was then at
Mr. Clarke's house. Clarke refused to allow the writ
to be served. At the General Court at Newhaven
deponent could get no redress against Clarke. At the
same Court, Deponent, pursuant to a warrant from
Lord Cornbury, demanded of the Governor and Council
several deserters from the Fort at New York. They
denied them, and said there were severall travailers up
and down and they should have enough to do to examine
everyone that travailed. Afterwards at Fairfield, by
virtue of the said warrant, he demanded of Nathan.
Gold and his associate Justices at a Court there Edward
Fitzgerald, which belonged to the Fort at New York,
but they denied him, unless he would give them his bond
to indemnifie the Colony. He said, let them deny his
warrant, as they would answer the contrary; upon which
they asked Gerald if he was willing to go to the Garrison
of New York againe, who answered Yes, with all his
heart, upon which they answered, if he was willing they
could not keep him, but some persons standing about the
Court declared that if he had not been willing, he should
not returne to Yorke. Signed, Richd. Sackett. Same
endorsement. 1¼ pp. |
|
1475. xxii. Deposition of Capt. Mathews. After capturing
two deserters under Lord Bellomont's warrant with the
aid of John Desborough near Fairfield, Nov. 1700, I was
stopped at Stanford on my way back to New York by a
man who called out of a window that he would stop me for
travelling on the Sabbath Day. Major Selleck the J.P.
was sent for from the Meeting. He kept me in the Inn
till evening under a guard, whilst one of my prisoners
escaped. Major Selleck had given them money.Signed,
Peter Mathews. Same endorsement. 3 pp. |
|
1475. xxiii. Deposition of Edward Palmes, Sept. 14, 1705.
The Government of Connecticut protected Cols. Whaley,
Goffe, and Dixwell, living at Newhaven, persons excepted
from pardon in the Act of Parliament of Charles II.
In 1683, one Roode, after being tricked into a confession
of incest, was executed for the same, without any law
then in being for the same. In 1678, John Stother,
a boy of 16, was executed at Hartford for murdering
Thomas Boll's wife and two children. In 1684, Daniell
Mathews, tailor, was condemned for rape in Connecticut.
He escaped into Narragansett, whence the Government
of Connecticut got him into Connecticut again and put
him to death. Signed, Edward Palmes. Same endorsement. 2¼ pp. |
|
1475. xxiv. Testimony of James and Edmund Lewis, Carpenters,
of Stratford. On Nov. 14, 1704, he viewed the goal at
Fairfield, and found it so insufficient that he could pull
the clubboards off with his hands. Robert Lord told
the goal-keeper's wife he could escape when he liked, and
did so. Copy. 1 p. |
|
1475. xxv. Copy of writ served upon Robert Lord, Fairfield,
March 15, 170¾, for a debt due to John Auboyneau, of
New York. Signed, Jonathan Selleck, Clerk. Subscribed,
Lord was committed to gaol in default of payment,
Fairfield, April 27, 1704, by me, Joseph Phipen, County
Sherriff. 1 p. |
|
1475. xxvi. Copy of Certificate by Wm. Peartree, Mayor of
New York, March 2, 1703. Robert Lord defaulting
upon a bond jointly entered into between him and
John Auboyneau, the latter has been arrested at the
suit of Richard Floyd, etc. 1 p. |
|
1475. xxvii. Writ served on R. Lord, to answer John
Auboyneau for forfeiting above bond. Fairfield, Dec. 2,
1703. Signed, Peter Barr, Clerk. Subscribed, Lord was
committed to gaol upon above writ, Dec. 2, made his
escape and was seized again Dec. 3. Signed, Joseph
Phippen, County Sherrif. 1 p. |
|
1475. xxviii. Copy of bond in 116l. entered into by Robert Lord,
Soapboyer, in Fairfield, with Richard Floyd of Brookhaven, Nassau Island. June 1st, 1702. ½ p. |
|
1475. xxix. Deposition of J. Auboyneau. After his recovering
judgment in the County Court of Fairfield against Lord,
the Court delayed granting execution thereof until Lord
had gott out of the way. The Sherrif would not execute
judgment on his estate. When by his great care, deponent
got Lord arrested, the Sherrif put him into a gaol whence he
could and did easily escape. He continued to reside in
Connecticut. In spite of application to the County Courts
and General Court, deponent could obtain no relief for his
debt incurred by being bail for Lord as above Nov. 28, 1705.
Signed, John Auboyneau. Same endorsement. 2 pp. |
|
1475. xxx. Deposition of R. Sackett, Nov. 28, 1705. On Oct.
18, Mr. Prentise, High Sherrif of New London, declared
publickly that they had noething to doe with ye Queen,
nor ye Queen hath nothing to doe with them, for they
would loose their lives before they would loose their
priviledges, except the Queen herselfe came to demand
it. At a General Court at Newhaven several persons
declared, particularly Capt. Ecles, that they would never
loose their Charter and their priviledges, they would
first loose their lives. About Sept. 24, Capt. Clarke at
Seabrooke said to him that he was Captain of ye Fort and of
one of ye Companyes of ye Town, and if ye Queen sent
any of her Officers to take away any of their rights and
priveledges, that they had good armes and men to
defend themselves and would doe it, and would serve
them worse than ever Sir E. Andros was served.
Signed, Richd. Sackett. Same endorsement. 1¾ pp.
[C.O. 5, 1049. No. 10 (covering letter only); and (enclosures only) 5, 1263. Nos. 70–98.] |
Nov. 27.
New York. |
1476. Governor Lord Cornbury to the Council of Trade
and Plantations. I had the honour of your Lordshipps' letter
of April 20, by H.M.S. Lastoffe, which arriv'd at New York
July 20. I have likewise receiv'd H.M. additional Instruction,
which I shall take care to observe. I am of opinion it will give
good satisfaction to the people of New Jersey, however, I
must observe that the inhabitants of the Western Division of
New Jersey are tennants in common, noe partition has been yet
made, soe that it is pretty hard to know who has 1,000 acres of
land in his own right, soe that hitherto those that are possessed
of 1,000 acres of land have been allowed to be within the meaning
of H.M. Instructions to me, and the Queen being pleased to make
use of the same words in the additional Instruction I have now
receiv'd, I shall put the same construction upon them as I have
done hitherto. I shall observe your Instructions as to the
Revenue, quoted. See April 20. |
|
As for what relates to me particularly, I shall always readily
submit to whatever orders you are pleased to send me; but as for
what relates to the contingent charges of the Government, the
residue of the sum mentioned will not be sufficient to answer the
necessary charges of the Government; for that residue will be but
400l. and I conceive there must by a sallary for the Collector,
for the Chief Justice, for the Attorney General and for the Secretary,
besides other contingent charges; now if these salaries must be
equivalent to those the same Officers have at New York, they are as
follows, the Collector has 200l. sterling a year, the Chief Justice
130l. York money, the Attorney-General 100l., and the Secretary
has 30l. a year as Secretary, and 50l. a year as Clerk of the Councill,
besides a messenger, and all Custome House Officers, and besides
all other charges that will accrue accidentally, and which cannot
be ascertained, so that the certain charge will amount of 1,170l.
a year, besides Custome House Officers, a messenger for the
Councill, a Printer, and all other casualtyes, as for what relates
to my own private concerns, the Queen was pleased to allow
me 500l. sterl. a year for the Government of New Jersey, and
indeed travelling is very chargeable in these parts. I shall follow
your directions punctually. I have always used my utmost
endeavours, and shall continue soe to doe, that the administration
of the Government should be carryed on in all things in the most
equitable and satisfactory manner to the inhabitants of that
Province, with reguard to their seperate interests; but indeed
it is a very hard task, for that Province is inhabited by some
people who call themselves Proprietors, some who pretend to
hold their lands by virtue of a patent from Coll. Nicholls, who was
Governor for the Duke of York, and others who have purchased
their lands from the Proprietors, now it is certain that during
the time the Proprietors had the Government in their hands, they
oppressed the people extreamly, I mean the Proprietors here
upon the place, and they would now have their irregular proceedings in those days justified by an Act of Assembly, such as was the
long Bill; however, I doe assure your Lordshipps that I shall
engage in noe party, but behave myself equally to all, by which
I am satisfied I shall obtain the ill-will of many people, however,
I shall not value that as long as I doe my duty to the Queen.
I have not put one Justice of the Peace into Commission, nor one
Millitia-Officer yet, without the recommendation of some of H.M.
Council, and I take them to be the fittest persons to advise with
in those matters; when first I published my Commission in that
Province, Mr. Morrice was very forward in recomending persons
for the Peace and the Militia, and I have found by experience since
that in his recomendations he pitched upon such persons only as
he knew he could mannage to serve his ends, without any regard
to their capacitys, and some scandalous fellows whom I have
since put out at the request of some of the Gentlemen of the
Councill, for being drunk every day, and particularly at their
Quarter Sessions in Court, and I doe assure you that my rule shall
always be to chuse the ablest men, and those of the best estates
in the country, to fill those Commissions, and perticularly those
who are well inclined to H.M. service; thus I have answer'd your
Lordshipps' letter of April 20, I hope to your satisfaction. On
Oct. 13 I went to Amboy to meet the Assembly of New Jersey.
I got thither on Oct. 14 in the morning, but noe body was come but
two of the Councill, and two or three Members of the Eastern
Division, soe that it was Oct. 17 before the House sat. I told them
what I thought would be proper for them to provide for, by Act
of Assembly, and I told them if any other things occurr'd to them
fit to be provided for by Act of Assembly, they should always
find me ready to agree with them in any thing that might be for
the service of the Queen, or the good of the country; after this
they went to their House, and on Oct. 18 they made a resolve
in these words;—"The motion was made and the question put
that H.E. speech containing very weighty matters, whether this
House shall proceed on any business till it be full, or not. It
passed in the negative." Soe your Lordshipps see there was noe
businesse to be done, till the House was full. At the first meeting
of this New Assembly, in Nov., 1704, when the Members came
before me in Councill to qualify themselves, I administred the
oaths to those who were willing to swear, and then the Quakers
were going to take their attestation, but two of the Members of
the Councill, Mr. Revell and Mr. Leeds, objected against 3 of the
Members of the Western Division, as not being qualifyd according
to the Queen's Instructions to me, that is, for not having 1,000
acres of land in their own right, in the Division for which they are
chosen; upon this I asked the opinion of the Council, who were
of opinion that those against whom there was no objection should
quallify themselves, and that those 3 should make proof of their
having 1,000 acres of land, and accordingly the rest were admitted,
and I recomended it to the Assembly to proceed in the first place
to inquire into the quallifications of those 3 Members excepted
against, but they did not doe as I desired them, but proceeded
upon business; and towards the end of the Sessions they sent me
a message by 2 of their Members, that they were satisfied the
3 Members excepted against were duely quallified, to which I
made answer that the exceptions were not taken by me but by 2
of the Councill in Councill, and that if they would impart those
proofs to me in Councill which had satisfied them, I would admit
them immediately, but the pride of the Quakers would not let
them doe that, and the House was in few days adjourned to May
following, and those 3 Members not admitted. In May I went
to Burlington to meet the Assembly, but the Members of the
Western Division not coming, I was forced to adjourn the Assembly
to Oct. at Amboy, at which time they made the resolve abovementioned, and sent me the same message they had sent me a year
agoe about the 3 Members, to which I sent them the same answer,
whereupon they sent the 3 Members to prove their quallifications,
this took some days because some papers were wanting, as soon as
those papers were come, they proceeded to prove that they were
each of them possessed of 1,000 acres of land, but I can't say it
was in their own right, for there is a cause depending concerning
some of their Lands, however, the Gentlemen of the Councill were
of opinion they ought to be admitted, and accordingly they were,
and I sent the Secretary to acquaint the House that they had
quallified themselves, but instead of proceeding upon businesse
they adjourned till the next day, which was a Saturday, and then
they adjourned till the tuesday following, upon which I sent for the
Speaker, and asked him how they came to adjourn for soe long a
time, considering how late it was in the year, he told me he must
goe to the yearly Meeting, which was to be held at Shrewsbury the
sunday following, soe that as long as the Quakers are allowed to
be chosen into the Assembly, the service of the Queen and the
businesse of the country must wait upon their humours; however,
on tuesday they met, and adjourned again till the next day, then
they met; and I find in their Journal these words: "Whereas
the motion was made and question put, that the House should not
proceed on any businesse untill such time as it was full, which past in
the negative, and that whereas now the said obstruction is removed,
and the House being full, resolved that the House shall forthwith
proceed upon businesse." Now I must observe that at the time
they said the House was full, there were 3 Christian Members
wanting, but the 3 Quakers being got in, the House was full, soe
that it was not a full House of Members that they wanted, but a
full House of Quakers; now then, being a full House, as they
call it, they think fit to make an Addresse of which I herewith send
a copy, how well they have follow'd their Addresse in their actions,
their Journal, of which I likewise send a copy, will best show.
However, seing they were resolved to doe nothing, and hearing
from New York that that part of the Jamaica fleet, which had put
in there, was almost ready to sail, I was forced to adjourn the
Assembly, which I did to May 1st to meet at Burlington, where I
will not fail, if I am alive, to be at the time appointed, to see if
they will doe any thing, even for their own good. Signed,
Cornbury. Endorsed, Recd. Feb. 1st, Read April 4, 1706.
Holograph. 5 pp. Enclosed, |
|
1476. i. Copy of surrender of the Proprietors of New Jersey.
(C.S.P. 1702. No. 340.) Endorsed as preceding. 6 pp.
[C.O. 5, 970. Nos. 34, 34.i.; and (without enclosure)
5, 994.A. pp. 268–279.] |
| Nov. 28. |
1477. Assembly of Bermuda to the Council of Trade and
Plantations. Present following:— |
|
1477. i. Petition for the removal of Edwd. Jones. Similar to
address, Nov. 23, but in slightly different form. Endorsed,
Recd. from Mr. Nodin, Nov. 28, 1705. Read Feb. 4,
1705/6. |
|
1477. ii. Assembly of Bermuda to the Governor and Council,
March 5, 1704/5. Pray that copies of their proceedings,
etc. against Mr. Jones may be sent to England, and an
Agent appointed to justify them there, etc. Same
endorsement. 1 p. |
|
1477. iii. Complaints of the Assembly against Mr. Jones, June
26, 1701. (Duplicate C.S.P. 1701. No. 797.ii.) |
|
1477. iv.–xxx. Copies of the Depositions taken in 1701, of John
Dickinson, Saml. Spofferth, John Rawlings, Thomas
Smith, Daniel Keele, Rich. Wise, Nicholas Spencer,
George Darrell, James Wright, Elias Clarke, Anthony
White, Charles Walker, Anthony Smith, John Wingood,
Will. Parman, Saml. Spofferth, John Cox, Meriam Stone,
Jean Milborne, William Righton, Thomas Watkins,
John Peasly, William Newman, James Graisbery,
Richd. North. Benjamin Wainwright, Saml. Sherlock,
in support of charges against Jones. (Cf. C.S.P. 1701.
Nos. 498, 797.ii., and 1703. No. 1014.ff.) 28 pp. |
|
1477. xxxi. Copy of warrant suspending Jones, June 27, 1701.
Signed, B. Bennett. 1¼pp. [Cf. C.S.P. 1701. No. 587.] |
|
1477. xxxii. Copy of indictments and sentences against Jones,
Dec. 1701—Feb. 1702. 9 pp. [Cf. C.S.P. 1702. No.
872.ii.] |
|
1477. xxxiii. Copy of Order of the Court, permitting E. Jones
to examine witnesses in the causes depending on appeal.
June 1, 1702. 1 p. |
|
1477. xxxiv. Copy of permit by Richard Stafford, C.J., in
accordance with preceding. June 27, 1702. 1 p. |
|
1477. xxxv. Minutes of Council of Bermuda. Duplicate of 1st
paragraph of C.S.P. 1702. No. 942. 1 p. |
|
1477. xxxvi. Copy of petition of Ed. Jones to Lt.-Governor
Bennett to order a speedy hearing of his causes, etc.
2 pp. [C.O. 37, 7. Nos. 12.i.–xxxvi.] |
Nov. 28.
New York. |
1478. Governor Lord Cornbury to Sir Cha. Hedges.
Acknowledges H.M. orders, July 6, 1704 and Feb. 22, 1704/5, relating
to the Admiralty Courts and Prizes and accounts of stores. Noe
prizes have been yet brought into my Government by any of H.M.
ships, except one by the Jersey for illegall trade. I have not yet had
any notice given me who the Queen has appointed Commissioners
for Prizes, soe that if anybody will offer me a false deputation
it may passe upon me easily, etc. The account of stores, etc. will
take some time to prepare, etc. Some Privatiers have lately
brought into this Port some prizes. I directed the same dutys to
be demanded of them for the goods brought in those prizes as
merchants are obliged to pay; this made the Privatiers very
uneasy, they alledged that in the Islands in the West Indies they
pay noe dutys for any goods carried in in Prizes, I told them I
could not help that, then they offered to give security to pay the
dutys if upon my writing to England, I was directed to require it
from them, this is agreed to, because I was willing to make them
easy. I intreat the favour of you that I may know the Queen's
pleasure in this matter, etc. Signed, Cornbury. Endorsed, R.
Feb. 2. Holograph. 2 pp. [C.O. 5, 1084. No. 30.] |
Nov. 28.
Whitehall. |
1479. Council of Trade and Plantations to Governor Lord
Cornbury. In pursuance of petition of Nov. 21, enquire as to
Mr. Mott's estate. [C.O. 5, 1120. pp. 348, 349.] |
Nov. 28.
Whitehall. |
1480. Council of Trade and Plantations to the Queen. Refer
to Governor Sir B. Granville's appointment of Mr. Chamberlain to
the Council of Barbados [see Sept. 15]. In the list transmitted
to us by the said Governor of persons best qualifyed for Counsellors,
we find that Alexander Walker do's preceed him, and having
discoursed with the Agents of the Island, we do find that Walker
is a person of great experience and knowledge in the Laws of
Barbados, has long resided upon the place, and is willing to serve
your Majesty. We humbly offer that your Majesty appoint him
accordingly instead of Chamberlain. [C.O. 29, 9. pp. 413–415.] |
Nov. 29.
Whitehall. |
1481. Order of Queen in Council. Approving preceding
and appointing Mr. Walker to the Council of Barbados, etc.
Signed, John Povey. Endorsed, Recd. Read Dec. 6, 1705. 2 pp.
[C.O. 28, 9. No. 23; and 29, 9. pp. 429–432.] |
Nov. 29.
St. James's. |
1482. Three Orders of Queen in Council. Appointing R.
Townley, D. Cox and R. Mompesson to the Council of New Jersey
(see Nov. 21). Signed, John Povey. Endorsed, Recd. Read
Dec. 6, 1705. 3 pp. [C.O. 5, 970. Nos. 35–37; and 5, 994.A.
pp. 256–259.] |
Nov. 29.
St. James's. |
1483. Order of Queen in Council. Upon the (following)
petitions of G. Lillington and a petition of the Agents of Barbados
praying that the Order of Oct. 26 may be reversed or suspended,
Ordered, that copies of the said petitions and of all Orders of
Council in that matter be delivered to each party, and that they
be heard by their Council at the Board on the second Council Day
in December, particularly as to the manner of appointing persons
to take depositions relating to Col. Lillington's fine. Signed,
John Povey. Endorsed, Recd. Read Dec. 7, 1705. 1½ pp.
Enclosed, |
|
1483. i. George Lillington, to the Queen. Recites previous
petition and Order of Council, Oct. 26. Petitioner hath
been since obstructed of the benefit of that Order by
reason of some mis-recitals and omissions in the drawing
up of it, whereby it is rendered wholly ineffectual for his
relief. Farther, the Agents of the Governor, to obstruct
and perplex him, give out that your Majesty hath upon
their petition reversed that Order, or at least referred the
matter to be examined by a Committee of the Lords of
the Privy Council. Petitioner cannot obtain a copy of that
Order, or of the said petition. Prays that the matter of
his petition preparatory to the hearing of his appeal,
and of the several Orders aforesaid, may be heard before
H.M. in Council, and that Petitioner may be allowed
Councell to speak thereunto, and that he may have a
copy of the Lords Commissioners' Report and of the
Agents' said petition and H.M. Order thereupon, and that
the Order of Oct. 26 may be rectified. Signed, Roger
Lillington, Agent for George Lillington. 4 closely written
pp. [C.O. 28, 9. Nos. 24, 24.i.; and 29, 9. pp. 432–445.] |
Nov. 29.
St. James's. |
1484. Order of Queen in Council. Duplicate of preceding.
Enclosed, |
|
1484. i. Petition of Agents of Barbados and divers other gentlemen of estates in, and merchants trading to, Barbados,
to the Queen. Pray that the Order of Oct. 26th may be
discharged or execution thereof suspended, untill the
matter be further examined, the record of the trial, etc.
being transmitted hither. Signed, Pat. Mein, Rob.
Stewart, Tho. Foulerton, Saml. Child, Raynes Bate,
J. Kendall, John Walter, Wm. Andrews, Wm. Walker,
Rob. Chester, Rob. Haver, Jno. Bromley, Richd. Bate,
R. Scott, J. Stanley, Wm. Bridges, Mel. Holder, Wm.
Cleland. Copy. 3 pp. [C.O. 28, 9. Nos. 25, 25.i.;
and 29, 9. pp. 446–453.] |
Nov. 29.
Whitehall. |
1485. Mr. Secretary Hedges to Governor Nott. The successe
of H.M. arms in Catalonia has been such that I could not but lett
you have the satisfaction of knowing it, and the rather because you
may have opportunities of communicating it to the Spanyards
in those parts, whereby it may be yet of a greater advantage to our
common cause, which as I am sure you wish well to, so I cannot
doubt but you will upon all occasions make that use of it. The
inclosed papers will give you a good account of these successes,
and of the good disposition of the Queen and her two Houses of
Parliament to support the King of Spaine in the progresse of them.
I desire you will, as you have opportunity, communicate this
news to the Governors of the Proprietary Colonies. Signed,
C. Hedges. P.S.— Acknowledges letter of Sept. 22 and that from
the Downs. Similar letter and enclosures were sent to the
Governors of New York, New Hampshire, Maryland, Barbadoes,
Jamaica, Leeward Islands and Bermuda. [C.O. 324, 30. pp.
47, 48.] |
Nov. 29.
Whitehall. |
1486. Council of Trade and Plantations to the Queen.
Recapitulate Governor Seymour's recent letters. Repeat Nov. 9,
as to purchase of arms, etc., storekeeper, judges, Bladen and
ports. As to the Papists, we have discoursed with the Lord
Baltemore, Proprietary of that Province, thereupon, and
represented to his Lordship the great mischief and ill consequences
of such proceedings, who hath promised us to write to his friends
and agents that they do not intermedle in the making of any
proselites, and that the Papists shal for the future demean themselves without offence, and with all due respect to the Government
Amongst ye other Acts received from Maryland, we have 2 relating
to Papists, which together with the rest, we shal speedily lay
before your Majesty. And as to the Quakers in Maryland, we
humbly offer that they be obliged to contribute to the safety of the
Province in reference to the Militia in the same manner as in
England and other Plantations, etc. [C.O. 5, 726. pp. 339–344.] |
| [Nov. 30.] |
1487. Sir T. Laurence to the Council of Trade and Plantations. Complains that by two Acts of Maryland, passed 1704, and
now sent home, certain fees belonging to the Secretary are taken
away, and prays for redress. Signed, Thomas Laurence. Endorsed,
Recd. Read Nov. 30, 1705. 2 pp. Enclosed, |
|
1487. i. Account of the Secretary's fees diminished by the
Act of Officers' Fees, revived Dec. 9, 1704, Maryland.
Signed. Tho. Laurence. 1 p. [C.O. 5, 715. Nos. 92, 92.i.] |
