|
July 6.
Whitehall. |
15. Council of Trade and Plantations to the Earl of Sunderland. By letters lately received from Governor Crowe, we
find that there are several offices granted by patent under the
Great Seal of this Kingdom, and particularly that a Patent has
been past for the Clerk of the Market, in which there is a
clause allowing the Patentee to execute the said Office by Deputy,
the ill consequence of such clauses was represented by the
Commissioners of this Board to his late Majesty. Quote Order
in Council, Feb. 16, 1698/9 (C.S.P. 1699. No. 104). But as
we presume your Lordship has not been apprised of this matter,
we send a copy of the said Order. [C.O. 324, 9. pp. 217, 218.] |
July 6.
Whitehall. |
16. The Earl of Sunderland to the Council of Trade and
Plantations. The alteration in the Queen's Arms by the Union
making it necessary that new Seals should be provided for
H.M. Plantations, I desire you will let me have a description
of those several seals that I may be able to get a warrant
prepared for H.M. signature for their being engraved. Signed,
Sunderland. Endorsed, Recd. 6th, Read 8th July, 1708. ¾ p.
[C.O. 323, 6. No. 63; and 324, 9. p. 218.] |
July 6.
Boston. |
17. Mr. Bridger to the Council of Trade and Plantations.
Encloses following. I pray your Lordships would send me
an order for an Appeal to boston, or set that tryall aside, and
have a new tryall; the Judges sent out the Jury twice, but in
vaine, they cleering them without wittness or reason, etc. Inclosed is a copie of an Act which I layd before the Governor,
Council and Assembly of New Hampshire, wch. I pray your
Lordshipps to have confirmed. I hope that Act will secure
in some measure H.M. intrest in that Province. The reason
of the penalty on marking any trees is thus, some ill men
have this last winter gone into the woods and marked all trees
before them, those trees fitt and unfitt for masts, with the
Broad Arrow. This was in common woods, and when theire
neighbours come into the woods to get loggs for boards etc.,
they seeing all the trees marked immediatly returned, thinking
that I had ordred the marking of sd. trees. The marker seeing
that had fritned all people out of that place, he and his associates
outts down all masts and others to a very great number.
I hope I shall be able to prove the fact on someboody. The
General Assembly of this Province now sitting, I drew a bill
for the better preservation in H.M. woods in this Province,
which bill is the very words of the Charter etc., but the Assembly
will not enact their own Charter etc. (see July 10). In the
tryall inclosed they there plead the Charter no Law, against
H.M. in the case of masts, now my lords if the Charter be
no law, nither will they enact it as a law, what will H.M.
do for her Navy; all will be cutt down next winter, if an
imediate care be not taken by an Act of Parliament out of
Great Brittain, of which I sent yr. Lordsps. a rough draught
etc. |
|
Here is no licence yet come from Mr. Collins, etc. I have
found some masts in the woods cutt by Mr. Jno. Plaisted
order, which has layne there 6 months, and had been lost,
had I not found them, for they must be hewn, squared, etc.,
else the worme get into them and spoyles the masts, and this
is the practice of Plaisted; he sett men to cutt those masts,
in the winter, and those men has not heard from him since,
and soe he has done in many places, but the woods are now
soe dangerous by reason the Indians, that I dare not venture
a 3rd time. Those masts I have found are of the first and
principall dimentions. I have ordred some worke men to goe
and save those trees by squaring them. Prays for their Lordships' directions. Repeats former proposal for encouraging
the making of pitch and tar. I am well assured that at New
Yorke there would be great quantitys of tar made there, if
I was there to instruct them; that lays wholly with your Lordsps. to enable me to goe thither for that service. Expecting
with great impatience your Lordshipps' commands, not having
one line since my arrival, etc. Signed, J. Bridges. P.S. I
had an order from the Inferiour Court at York to appeall to
Boston Superiour Court. I pray I may have an order that
the appeal be heard accordingly, wch. will save any order
for the new tryall of those offenders. It was the opinion
of the Lawyers her[e] the appeal would not lye to the Superiour
Court, wch. makes me pray an Order now. etc. Endorsed, Recd.
Sept 8, 1708, Read Dec. 9, 1709. 2 pp. Enclosed, |
|
17. i. Copy of Governor Dudley's Warrant, Aug. 24, 1707,
for the arrest of persons cutting masts without licence.
2 pp. |
|
17. ii. (a) Mr. Bridger to Charles Frost. Instructions to
arrest Nathaniel Gubtaile, Jno. Thompson, Jno. Hearle,
Wm. Hearle, jr., under above warrant, Dec. 29, 1707.
(b) Bonds for the appearance of above, given by
Hearle, Gubtaile, Humphry Spencer and James Emery.
(c) Depositions against them by Nicholas Gillison, Wm.
Dyer, and Benj. How. (d) Their trial and acquittal,
Defence by Jno. Pickerin, Attorney. (e) Mr. Bridger's
Appeal. (f) H.M. warrant for John Taylor to cut
masts, June 22, 1704. (g) John Plaisted's letter to
Governor Dudley, and deposition touching masts cut
by him. (h) Depositions as to the bounds of Kittery,
York and Wells in New England. The whole endorsed,
Recd. Sept. 8, 1708, Read Dec. 9, 1709. Copies. 12 pp. |
|
17. iii. Act for the better preservation of Mast trees or White
pine trees in New Hampshire. Same endorsement.
Copy. 2 pp. [C.O. 5, 865. Nos. 27, 27.i.–iii.; and
(without enclosures) 5, 913. pp. 120–126.] |
| July 6. |
18. Sir John Bennett to the Council of Trade and Plantations. Defends the punishment of Mr. Newnam, for a crime
amounting to little less than high treason etc. It appears by
the Remonstrances of the Justices of Bermuda, July 18, 1706,
that Newnam is a very dangerous person and a common disturber
of the peace; they prayed the Governor to have the prison window
closed and another opened which was done, because that window
fronted upon a common passage, and Jones the Provost Marshal
allowed the prisoners to abuse and affront the public Officers,
as Councillors, Judges etc., as they passed along. etc.
Signed, Jo. Bennett. Endorsed, Recd. Read July 6, 1708. 8 pp.
[C.O. 37, 8. No. 68; and 38, 6. pp. 397–411.] |
| July 6. |
19. Mr. Vaughan to the Council of Trade and Plantations.
In ye Province New Hampshire are six towns, Portsmouth, Dover,
Exeter, Hampton, New-Castle and Kingstown, ye two last very
small and extraordinary poor, drove to great streights by
reason of ye warr. The inhabitants of New Hampshire are
few and inconsiderable, there not being 1000 men in ye whole
Goverment, and that number dayly lessning, by ye murders of
ye salvage enemy, assisted by ye French, and ye removall
of sundries for shelter and protection to other places. Ye
situation of ye Province is by ye seaside, about 16 miles between
ye rivers of Piscataqua and Merimack, having ye Massachusets
Goverment on each side of it, and likewise heading of it up
in ye countrey, so that it is a punct or small spot in ye
center of that Goverment, there being severall seperate Counties
there larger than this whole Province. The trade of this Province has formerly been considerable, ye settlements whereof are
principally upon ye River Piscataqua, wch. is navigable near
30 miles, accommodated with sundrie branches, into wch. severall
great and fresh rivers have their outlets, and is addapted to
trade by reason of ye extraordinary conveniency of transportation both up and down, wch. is ocasioned by the swift tide
both on ye fflood and ebb, and ye indraft of ye many large
branches and of two great bayes, ye one 3 miles in length,
ye other 6 miles over in any part of it, both wch. lie at
ye head of ye river, wch. for 10 miles together nearest ye
sea is not more than half a mile over, and is furnished with
great plenty of ffish, such as cod and haddock, wch. are caught
10 miles up ye river, bass, shad, mackerell, herring, blew-fish,
alewines, pollock, ffrost-fish, perch, fflounders, sturgeons, lumps,
ells, hollowboats, scales, salmon and many others, and all sorts
of shell-fish, such as lobsters, crabs, cockles, clams, mussells,
oysters, etc. At ye head of almost every branch of said river
are great fresh rivers which come out of the countrey, which
likewise are full of all sorts of freshwater fish, as pikes,
pearch, salmon-trouts, ells, etc., wch. fresh rivers run some
100 miles into the country, some more, some less, and are
accomodated with suitable places for mills, iron works, etc.,
ye land on both sides furnished with wood of all sorts and
sizes fit for fireing or timber of all sorts either for building
of vessells, houses, etc., wch. land has no sooner ye woods
cut down but ye English grass within two or three years cover
the face of ye earth, and is extraordinary fodder for all sorts
of cattle, wch. were also plenty and cheap and would be again
were it not for ye salvage Indians and French, who kill great
numbers of them as they feed in ye forrests and woods; which
river of Piscataqua furnishes Boston with most of their lumber
and severall other places on ye mainland as also ye West
Indies, and H.M. Navy with masts, sparrs, rafters etc., and
were it not for ye enemy is ye fittest place of all ye present
settlements of New England for ffishing for ye supply of forreigne
markets, being ye most Northerly settlement of those plantations, and ye more Northward ye more fish, and where ye
fishermen of other places are obliged to come to take their
fish, and after carry to more incirculed towns for cureing thereby
to avoid ye danger of ye Enimy. Note further upon some of
ye fresh rivers lies great quantities of intervall grounds, inconceiveably rich, fit for ye production of all sorts of grain, hemp,
fflax, etc., wch. land is naturally free from wood, and alwaise
fit for improvement save in ye winter, when it is overflowed
and covered with water, wch. is ye only cause of its fertilyty
and will never have occasion of any other dressing than what
is left by ye ebbing and decreasing of ye waters. In the
Province of N. Hampshire at ye entrance of ye River of Piscataqua is H.M. Castle called William and Mary, formed and
built by the directions of Col. Romer H.M. Enginere, but not
finished by reason of Col. Rednap his coming from great Brittain in that post and office, wch. prevented ye said Col. Romer
his finishing ye same, since wch. nothing more has been done
to it, but is in statu quo, save what is tumbled down and gone
to decay it being thro' ye poverty of ye inhabitants builded and
made of turff and saltmarsh sodds, wch. in a little time
moulders and cannot endure ye stormy weather and searching
frosts of that countrey. At ye other end of this Island, on
wch. ye Castle William and Mary stands, is another inlet
from ye sea, wch. is called Little Harbour, wch. end of said
Island is something nearer ye sea, and can command a ship
sooner than ye other, but here are but two small and inconsiderable gunns and no intrenchments or walls for a guard and
security to men, wch. said inlet will admit all small vessells,
and is as direct a way into and up ye River, and much more
accommodable to land men upon ye mainland than ye great
river or harbour is, and ought likewise to be fortifyed and
secured to prevent any such attempt, and for ye prevention of
illegall trade, there being no watch, guard or ffort to command
vessells coming in out of ye sea, or going out without clearance
order etc., and is most needfull to be done, but not possible
to be effected by ye people who are reduced to great poverty,
and indeed not able to defend their inland garrisons for defence
of ye women and children from ye barborous Indians. In
every town of sd. Province are sundrie garrisons and small
fortifications built of small timber or palisadoes, and each
garrison erected and defended by eight or ten families or their
abouts, wch. is ye only security of sd. families, included against
ye Indians, who watch all opportunities of ye people's coming
out in order to their destruction and murder, which when they
have at any time effected, they strip of ye scalp of ye head and
carry them to ye French at Canada where they receive a reward
of £5 for every scalp so brought in, wch. barbarous usage doth
so much deter and keep back ye people from their labour
and callings that many times their families are ready to famish
and starve in heaps, wch. necessity obligeth them to out to
ye improvement of their plantations for corn and hay for their
cattle, and thereby are exposed as a pray to ye wild men
of ye forests, who are every year lessning our numbers, and
I fear in ye end rout us out of that end of ye country having
already effected it full 100 miles. The forces or men wch.
defend, look after and keep ye sd. Castle William and Mary,
are generally 4 or 6, sometime upon any extraordinary occasions 6 or 10 more, who are sent by turns, by order of ye
Assembly, thereby to prevent payment, since all persons are
to do duty in proportion of time, wch. is very intolerable and
distressing to ye poorer sort, to do service and not be payed,
while ye family starves at home. The condition of ye Castle
is tollerably well at the present so far as is finished but will
yearly want repairs,—there are 30 odd guns competently well
mounted, but some of them very small, old and useless, and
all of them too short for Castle guns,—there is a small powderroom built and finished, none for arms, no houses for entertainment of men. All sorts of stores wanting, for wch. ye
Assembly has addressed H.M., wch. they confidently promise
themselves H.M. will be graciously pleased to grant, and bestow
her bounty to inable them to mentain her Goverment and Castle,
and therewith ye masts and stores lying there for ye use of
her Royall Navy. There are three small towns on ye other side
of Piscataqua River, wch. is in ye Massachusets Goverment, wch.
oblidgeth ye sd. Goverment to defend them, and thereby are
unwillingly serviceable to ye Province of New-Hampshire, without wch., and had those three towns been drawn in or destroyed,
or should they be so, wch. they are in great danger of, it
would then absolutely be impossible that the Goverment of N.
Hampshire should stand of itself as a seperate Goverment,
unless H.M. should immediatly take it is reasonable to conclude
tection, and without wch. at present it is reasonable to conclude
it will also fall, the poverty, want of assistance from the neigh
bouring Provinces and Collonies, and the decay of trade being
so great, wch. is further shewed in ye Addresses of that Goverment to H.M. In consideration of all wch., as also that
the Province is some thousands pounds in debt, contracted
in ye time of peace, and thereby their credit forfited, and for
ye preservation of that river and Goverment, it is most humbly
proposed, (1) That 200 men be raised and sent over to New
Hampshire, to be posted in the Castle, as also for ye releife
of the out towns when attacked, or, as need may be, to relieve
ye people in their distresses about raising and secureing their
harvests, ye enemy of late haveing taken ye methods of pulling
down ye fences about ye standing corn, wch. is no sooner done
but destroyed by ye cattle, ye owners not dareing to go out
to prevent ye same. (2) That a fourth rate man of warr may
be sent over to cruize about ye Eastern coast, and for her
wood, water and vitling to repair to ye River of Piscataqua,
wch. will be a great incouragment to ye inhabitants, and guard
to ye River and Navall Stores there. (3) That stores of all
sorts be sent over at ye same time and by ye same conveyance.
(4) That dureing ye extraordinary troubles and dangers of ye
Plantations on ye mainland of America, two pacquet-boats may
be sent yearly to New Hampshire, by wch. dispatches may be
had to and from ye Queen[s] Governors, and ye ships of warr
and transportation of men and stores, and other great advantages,
both to ye Crown and Plantations, especially since ye King
of France has setled such a strong garrison so near, and is
infesting ye coast of New England both wth. ships of warr
and privateers. (5) That ye two nests of French, (vizt.)
Canada and Port Royall setled on ye backs of ye English on
ye mainland of America be rooted out, wch. is ye only ready
and certain way to procure peace, for all ye Plantations of
English there, wch. might easily be effected by one of ye
squadrons of men of warr, wch. yearly go to ye West Indies,
and be no great hindrance to their intended voiage, wch. if
H.M. would vouchsafe to grant, hir good subjects on ye Continent there would heartily joine as one man to make those
two Plantations of ye french King's subjects submitt and subject
themselves to ye Crown of great Brittain. (6) That ye Maquas
or Five Nations of Indians which alwaise were in ye English
interests be incouraged by ye Govorner of New York against
ye Enemy, who have been kept back and are in number as
many as ye Enemie Indians, who, if they had been duely
incouraged, might before this time have put all ye plantations
far from ye fear of such an enemy, and saved ye lives of more
than a thousand English people who have been murthered,
and their towns and plantations have been held and mentained,
wch. were many and large, and are now growing up again
into a wilderness, besides the expence of more than £100,000.
Signed, Geo. Vaughan, Agent for N. Hampshire. Endorsed,
Recd. 6th, Read 13th July, 1708. Holograph. 6¼ pp. [C.O.
5, 864. No. 227; and 5, 912. pp. 452–461.] |
July 6.
Whitehall. |
20. Council of Trade and Plantations to the Earl of Sunderland. Enclose following for H.M. signature. |
|
20. i. Draft of Additional Instruction to Governor Lord
Lovelace. Whereas We have thought fit by Our Order
in Council of June 26, 1708, to repeal an Act past at
New York, Nov. 27, 1702 for repealing Acts, etc., and
to confirm the Act for vacating extravagant grants,
etc., by the confirmation of which Act, several large
tracts of land (as by the said Act will more fully appear)
are resumed to us, and are in our disposal to regrant
as we shall see occasion, Our will and pleasure therefore
is, that you may regrant to the late Patentees of such
resumed grants a suitable number of acres, not exceeding 2000 to any one person; and that in such
grants, as well as in all future grants, there be a
reservation to Us, Our Heirs and successors, of an
yearly quit rent of 2/6 for every 100 acres, with a
covenant to plant, settle and effectually cultivate at
least 3 acres of land for every 50, within 3 years after
the same shall be so granted, upon forfeiture of every
such grant. And for the more convenient and equal
setting out of all lands to be granted within Our said
Province of New York, Our further will and pleasure
is that you, Our Governor, or the Commander in Chief
of Our said Province for the time being, the Collector
of Our Customs, Our Secretary, and Surveyor General
of New York for the time being (the Surveyor General
always to be one), or any 3 or more of you and them,
do set out all lands to be hereafter granted, and that
therein you have regard to the profitable and unprofitable acres, so that each grantee may have a proportionable number of one sort and the other; as likewise
that the length of each tract of land to be hereafter
granted do not extend along the banks of any river,
but into the mainland, that thereby the said grantees
may have each a convenient share of what accommodation the said Rivers may afford for Navigation or
otherwise. And to prevent any impediment which the
production of Naval Stores in Our said Province may
receive from such grants, you are to take care, that
in all new Patents for land, there be inserted a clause
to restrain the grantees from burning the woods to
clear the land, under the penalty of forfeiting their
patent, and you are to use your endeavours to procure
an Act to be passed in the Assembly of Our Province
of New York for that purpose. And lastly, Our pleasure
is, that in the said patents, there be likewise a particular reservation to Us, Our Heirs, and successors,
of all trees of the diameter of 24in. and upwards,
at 12in. from the ground, for masts for Our Royal
Navy; as also of such other trees as may be fit to
make plank, knees, etc. for the use of our said Navy.
[C.O. 5, 1121. pp. 297–300; and 5, 210. pp. 109–111.] |
July 7.
Whitehall. |
21. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Office Accounts for payment. See B. of
T. Journal, July 7. [C.O. 389, 36. pp. 365–367.] |
July 7.
Temple. |
22. Mich. Newman to the Council of Trade and Plantations.
He will not be able to attend at the Board upon his brother's
business for a week etc. Signed, Mich. Newnam. Endorsed,
Recd. Read July 7, 1708. Addressed. ½ p. [C.O. 37, 8. No.
69; and 38, 6. p. 411.] |
July 7.
Whitehall. |
23. Council of Trade and Plantations to Lt. Governor
Bennett. Enclose Orders in Council of June 26 etc. [C.O.
38, 6. p. 412.] |
July 7.
Whitehall. |
24. Council of Trade and Plantations to Mr. Bridger.
Acknowledge letters of March 9 and 13, 1707/8. We are very
sorry to perceive there is such wast made in the woods; but
we are of opinion it may in a great measure be prevented
by putting in execution the Act for encouraging the importation
of Naval Stores, and by prosecuting the transgressors of that
Law; we doubt not but the Governor will give all the assistance
necessary in a matter tending so much to H.M. service. Since
you say that Mr. Mico only cutts small masts, and that in
inclosures, which he might have done: why then did you take
the bond from him; we find that you have cancell'd it, but
you should have explain'd that matter to us. Your cheife complaint is against Mr. Plaisted for cutting of masts, (notwithstanding his being forbid by you) contrary to the clause of
reservation in the Charter, and in the forementioned Act of
Parliament, without haveing H.M. license for the same, which
is absolutly necessary, tho' a contract be made with the Navy
Board, he ought therefore to be prosecuted for so doing. And
we doubt not, if this method be taken, it will effectually prevent
such waste for the future. In all contracts with the Navy Board
the time is specify'd within which such contract is to be
perform'd, and therefore if Mr. Plaisted's contract was expired
at the time when he cut the masts, you mention, or if he
had before cut the full number contracted for, then, in either
of these cases, his pretended license in 1691 is null and void,
besides, the trees to be cut by any license ought first to be
veiwed by H.M. Surveyor of the Woods, as is specify'd in the
said licenses. As to your receiving the fines that may become
due upon prosecution of this nature, we can give you no particular directions therein. But it seems to us reasonable that
the said fines should be paid into the hands of the Receiver
General, till upon your giveing an account of the same, H.M.
pleasure, shall be known therein. If the masts be cut in H.M.
woods, they ought to be reserved to H.M., but if they be cut
within the grants of pryvate persons it may be dificult for
you to justify your seizing the same, for it will lye upon you
to prove that they were not under such grants. And we doubt
not but you have been cautious therein, before you made the
said seizures. You ought to comply with your Instructions
in going to New York, so soon as H.M. service will permit.
As to the bills you have drawn for your travelling charges etc.,
that matter does not properly appertain to us; but you may
remember that when you were here, and solicited at the Treasury
for a summ to be alowed you for travelling and other incident
charges, that was not comply'd with there; and therefore you
ought not to have drawn such Bills without leave from the
Treasury for so doing. We are laying before H.M. the substance of what you have writ to us in relation to the waste in
the woods, and so soon as H.M. pleasure shall be declared
thereupon, you will have timely notice. We have as you desired laid before H.R.H. a copy of your letter, but we find that
he has received the like from yourself, which you ought to
have informed us of. You say that one reason for the decrease
of the importation of Naval Stores from New England is the
Navy's not paying the premiums according to the Act of Parliament;
upon which we must take notice that this is a misinformation, for you will perceive by the inclosed account from the
Custom House what certificates have been allow'd of the goodness
of Naval Stores from the commencement of the foresaid Act
of Parliament to Nov. 29, 1707; and we have been informed
by the merchants who import Naval Stores, that they
have received bills from the Navy Board accordingly, which
bills will be paid in course; so that upon strict examination
we don't find that the said premium was ever refused to the
importers of such Naval Stores; however, we shall further
consult the said merchants, in order to the better promoting
the importation of Naval Stores from the Plantations, as much
as possible. [C.O. 5, 912. pp. 444–448.] |
July 7.
St. Christophers. |
25. Governor Parke to the Council of Trade and Plantations.
I had the honour to receive yours dated Aprill 15th, relateing to
the Affrican Company. I have just now sent to their Agent at
Antigua to draw out an accompt as your Lordships desire; as
to this Island, there never was any Agent; their agent that was
at Nevis before it was plundered is dead, and I am afraid his
books lost when that Island was plundered, and since I came
there has been no negroes brought there by the Company; and
onely one small vessell by private trade, at Mountserrat there
has been none; at Antigua the Company has had one ship
and two small sloops, this is of my owne knowledge; but as
soon as I can persuade the Agent to do it I shall send your
Lordships the accompt as I am ordered. 'Tis true I have
an instruction relateing to the Affrican Company to assist them
in the recovery of their debts and to send yr. Lordships an
acct. of what negroes imported; accordingly some little time
after I came I sent to Mr. Chester their Agent to send me
the accompt, he sent me a proud answer that he had no orders
from the Royall Company to obey my orders, but some time
after he sent me a lame imperfect accompt of one vessell
onely, which I did not think fitt to trouble your Lordships with.
I told him what orders I had, he said he had nothing to do
with the Committee for Trade. I told him he was very impertinent, and in returne he told me he would not change his
post for mine, for that he got twice as much mony, and had
less to do, and was not obliged to the fateigue of goeing
from Island to Island; this was at my first arrivall, which made
me think I had a strange sort of people to deal with, but
resolveing to make myself easy took no further notice of it,
but took all occasions to let him know I would give him
all manner of encouragement. Sometime after I went to St.
Kitts, and from thence writt to him to send me downe 20
negro-women out of the first ship that came, and left the
price to him, accordingly he sent me 20, one of which died
before they were ship'd, and in two months eight more died,
and yet he charged me £800, which was £300 more than I could
have had the best negroes from Barbados, and made it his
braggs to the rest of his chapmen how he made me pay more
then them. I sent for severall other things from him as I
wanted them, he being our greatest merchant, and he charged
me in proportion for everything as he had for the negroes,
and I did not know how I was to be used untill I came to
settle accompts with him, which was not long since, and then
as a very great favour he gave me credit for £150 as an
abatement, whereas in his whole accompt he had charged me
4 or £500 more than anyone else would have done. I would
have writt home to the Company, but I thought it might be
ill construed, and that they would be apt to think I had a
mind to quarrell with their Agent except he lett me have negroes
at my owne price; nor had I writt this story to your Lordships
now but to lett you know it has not been my fault you had
not the accompt sooner; The minutes of all the Councills have
been sent your Lordships from my arrivall to the first of
this month, and an accompt of all the stores; if your Lordships
does not receive duplicates, 'tis not my fault, I have much
ado to gett those I send; the officer that has charge of the
stores has no reward, he is onely excused doing duty in the
Millitia: and the several Deputy-Secretarys gett so little by
their places 'tis hardly worth their while to keep them, and
if I should suspend them, I know not where to gett others
to put in. As to the Treasurer of Antigua, he tells me his
accompts with the Assembly every yeare, and has his discharge,
and is not obliged to have whole books transcribed. If I
will be at the expense of doing it, I may (which cost me in
this place at least £50.) Your Lordships may see in the Minutes
what paines I took to gett a law for holding Courts, but to
no purpose; how the law they have at present came to pass
here and at home, I cannot imagine, had I passed such a
law, I should have thought I deserved to lose my head; for by
it every ffreeholder has the same priviledge as a Peer of England, his person is to be sacred, and by it no poor man is
able to sue, nor can any one in England by his Attorney
hardly ever recover his due here (as Mr. Dumma and Mr.
Baron will be able to informe you), and when judgement
is obtained, 'tis two yeare before you can come to levy an
execution upon anything that may do you good; there is no
help for it but an Act of Parliament that I know of; for
they pretend the Queen can't repeal it, and I am sure they
never will. P.S. Inclosed I send your Lordshipps the imports
and exports of this Island, and allso an Adress to the Queen,
wch. we beg your Lordshipps to present. Signed, Daniel Parke.
Endorsed, Recd. Sept. 17, Read Oct. 28, 1708. 3 pp. [C.O.
152, 7. No. 58; and 153, 10. pp. 205–209.] |
July 7.
Whitehall. |
26. Council of Trade and Plantations to Col. Jenings.
Acknowledge letter of March 26, giving us an account of the
peaceable state of the Colony under your care, with which we
are very well satisfyed, and doubt not but by your prudent management the attempts any Indians may make to give you disturbance will be frustrated. And in relation to the enemy's privateers,
we hope ye convoy yt. sail'd hence some time ago will effectually
protect ye coast of Virginia during their stay there. [C.O.
5, 1362. p. 297.] |
July 7.
Treasury Chambers. |
27. Wm. Lowndes to Mr. Popple. Encloses following
papers concerning Mr. Keble's petition for the consideration
of the Council of Trade and Plantations. Set out, New Jersey
Archives 1st ser. iii., 329, 341–343. Signed, Wm. Lowndes.
Endorsed, Recd. Read July 7, 1708. Addressed. 1 p. Enclosed, |
|
27. i. Proposals of John Keble etc. in explanation of his
petition. of May 27, June 7, 1708. Endorsed as preceding. 1 p. |
|
27. ii. Certificate in favour of Mr. Keble. Signed, Jos (?)
Evans, of New Jersey, Wm. Penn, Jno. Finney and
James Thomas of Pena., Evan Evans, Minister of
Philadelphia. ¾ p. |
|
27. iii. Certificate of R. Dennett, Soap-maker, as to the
good quality of 2 barrels of American pot-ash made
by John Keble. Signed, Robert Dennett. ¼ p. |
|
27. iv. Certificate, similar to preceding, signed by the same
and six other soapmakers of London. ¾ p. |
|
27. v. Commissioners of Customs to the Lord High Treasurer. Enclose following. Continue:—If the manufacture
of potashes can be brought to perfection in the Plantations, it will be a usefull trade, and of publick
benefitt to the Kingdome. Custome-house, London.
July 1, 1708. Signed, Sam. Clarke, T. Newport, Jo.
Werden, J. Stanley, M. Dudley. 1 p. |
|
27. vi. Imports and Exports of Pott and Pearl Ashes. Inspector General's Office, June 29, 1708. From EastCountry, 1704–1706, total, 8,192,494lb. at 2½d. to 3½d.
per lb. Holland, 28,135. Ireland (1704) 14,581.
Russia, 1,637,600. Sweden (1706) 7,040. New England (1705) 250. Pennsylavia (1704) 630. Prizegoods (1705) 2016. Germany, Pearl-ashes, 295,386.
Total import, for 3 years, 10,178,132lb. Value, 127,226l.
13s. 1 p. [C.O. 5, 970. Nos. 76, 76.i.–vi.; and
(without enclosures ii., iii., iv., vi.) 5, 994.A. pp.
451–453, 456–458.] |
| [July 8.] |
28. Mr. Keble's Addition to above proposals. Proposes to
pay H.M. 6d. a bushel for the salt he makes. "My patent for
salt-making I apprehend the cheif-foundation towards carrying
on of my pott-ash works." The transporting 16 servants will
not amount to above £80, which he craves may be allowed him,
etc. Signed, John Keble. Endorsed, Recd. Read July 8, 1708.
¾ p. [C.O. 5, 970. No. 78; and 5, 994. p. 458.] |
July 8.
Whitehall. |
29. Council of Trade and Plantations to the Queen. Report
on the case of Alexander Skene (cf. Aug. 13, 1705 etc.) Summarize
evidence given supra. Upon the whole, we humbly represent
that the first Article, relating to his being concerned in the
taking of the said Lee by force from off Barbados, is not fully
proved, there being but the single affidavit of Capt. St. Loe,
which consists chiefly of hearsaye. The second article, relating
to his taking 17/6 and 3/9 from Masters of ships for liberty
to sail has been fully proved by depositions and Skeen's answer
thereto, except that he takes no notice of the 3/9, for the
Minute of Councill of Barbadoes, which he referrs to, of Nov.
21, 1704, we observe, that it was made 6 months after Skeen's
having taken the fees abovementioned, so that we do not see
how it can be of any use towards his justification; and therefore we humbly represent to your Majesty, that the obliging
Masters of ships to petition for liberty to sail, and the exacting
of fees for the draughts of such petitions and licences to
sail, are new impositions, and a burden upon trade; and we
humbly offer that your Majesty be pleased to signify to the
Governor of Barbadoes your dislike thereof, that such evil practices may be prevented for the future. As to the Article relating to Skeen's receiving £210, for procuring a fleet to be
stop't which was ready to sail, we observe that in his answer,
(which is not upon oath) he seems rather to evade his having
received the said summe, than to give any direct answer in
that point, and refers himself to his tryal, by which we find
he does not make any answer to that part of Guy Ball's
affidavit, nor is there once mention made on the part of Skeen
of such summ either received or not received by him; Notwithstanding Skeen has been tryed and acquitted by his Jury, yet
from what has appeared to us from the aforesaid affidavits,
and a due observation made upon the said tryal, we are humbly
of opinion that the said Skeen is guilty of having exacted unusual
fees from Masters of ships, and of bribery in taking the £210
aforementioned. [C.O. 29, 11. pp. 272–280.] |
July 8.
Whitehall. |
30. Council of Trade and Plantations to Governor Dudley.
Enclose duplicate of April 15. Your last was dated Oct. 10,
1707. Refer to Mr. Bridger's letters of March 9 and 13. We
must desire you to give him all incouragment and assistance
in his prosecutions of the persons so offending, and that you
do use your best endeavours with the Assembly to pass an
Act with sufficient penalties on all such persons as shall presume
to cut masts, contrary to the clause of reservation in the said
Charter. As to what you write touching the want of Counsellors
and recommending Messrs. Waldron, Hilton and Smith for the
Council of New Hampshire, we have some time since represented
the same to H.M., who has been pleased by her Order in Council
to approve of the said persons. And we have acquainted Mr.
Chamberlain therewith, that he might take out the said orders,
and transmit them to you for their admission into the said
Council accordingly. |
|
P.S. Whereas we have been informed amongst other things
by Mr. George Vaughan, Agent for New Hampshire, that the
Indians from Canada, watching all oppertunitys to murder H.M.
subjects in New Hampshire, and when they have so done, strip
off the scalp of the head and cary them to the French at
Canada, where they receive a reward of £5 for every scalp
so brought in; this is so barbarous and inhuman that it ought
by any means to be prevented, and therefore you ought immediatly to write to the Governour of Canada and signify to him
that unless he forbear to incourage such barbarities, and do
not effectually prevent it, you shall be obliged to make reprisals,
and to treat all the French that shall fall into your hands with
the utmost severity. [C.O. 5, 912. pp. 448–451.] |
| July 8. |
31. Certificate that Capt. Gookin has given security for
observing the Acts of Trade, etc. Signed, Hen. Stevens, D.
Rembr. Endorsed, Recd. Read July 8, 1708. ½ p. [C.O.
5, 1264. No. 50; and 5, 1292. p. 65.] |
July 8.
Whitehall. |
32. Council of Trade and Plantations to the Queen. Refer
to Mr Penn's Declaration (July 2) and Capt. Gookin's bond
(July 8), and recommend the latter accordingly for H.M. approbation as Dep. Governor of Pensylvania, without limitation of
time, and of the three lower Counties during H.M. pleasure
only. "We do further humbly lay before your Majesty a draught
of Instructions for Mr. Penn relating to the Acts of Trade, to
the like effect as have been given to him and all other Proprietors
of Plantations upon the like occasion." [C.O. 5, 1292. pp.
65, 66.] |
July 10.
Boston. |
33. Governor Dudley to the Council of Trade and Plantations. I am not willing to omit any opportunity humbly to
acquaint your Lordpps. with the state of H.M. Provinces, as
my duty is; tho. there is nothing of moment since my last
publick accounts of the year by H.M.S. Deptford. We have
some little mischiefs amongst our fishermen by the French
privateers, and our neighbours of Quebec have been looking
upon our frontiers; but our partys upon the borders are so
diligent and careful that we have suffered no considerable loss
these nine months past. The Assemblymen, or Representatives
of this Province, are chosen every year against the General
Assembly for Election of Councellours, holden in May as the
Charter directs; and it was observed this year that there was
a considerable alteration more than usual in that House, and
accordingly when they came to the Election of the Council,
they shewed their temper and left out three principal Gentlemen
of the Council of approved loialty and of the best estates in
the Country, and brought in others of a much less character.
Out of the whole number of 28, by virtue of H.M. Prerogative
of right, and as is usual I refused two of that election, and
they chose two others, and so the Assembly proceeded to their
buisness. Amongst other things offered them for H.M. service,
I had observed that, notwithstanding the provision in the Charter
for the preservation of H.M. Woods and great timber, several
wasts had been made, and when the Surveyer presented the
delinquents, it was objected that there was no law of the
Province agreeable to the Charter; I therefore offered such
a law in the words of the Charter, (copy inclosed), which
was soon agreed in Council; but the Representatives refused
it; I again returned it to their consideration, as being the
words of the Charter, and enforced it with a letter of his
late Majesty King William lying on file, directing that such a
Law should be enacted. They again and finally refused it, to
the great prejudice and dishonor of H.M. rights and most
valuable interest. In the same session they presented the Council with a list of grievances, to which the Council made answer,
the copys of both are inclosed, and I am humbly of opinion
the reading of them will justify me before H.M. If the defence
of H.M. fortifications and small expence upon H.M. Birthday,
and a troop of guards attending the Governour thro' the depth
of the Country in sight of the Enemy be grievances, I humbly
submit myselfe to H.M. censure. Soon after, they sent in
their votes to have £200 paid to the Governour for his support,
and £225 for the Treasurer, who is a person chosen by themselves. The Council sent back their votes, earnestly moving they
would put a greater honour upon H.M. Governour than upon
their own Treasurer; but could obtain no alteration in those votes:
the Gentlemen of the Assembly, alledging that they must sometimes make alterations in their grants of money, otherwise it
would looke as if it were a salary, which they resolved to avoid.
Tho' H.M. has often repeated Her commands since my coming
hither that a setled salary should be established for her Governours, which they have as often denyed. I will trouble
your Lordships with one Article more. I moved the Council and
Assembly to Address H.M. upon the Union and any other
affaires of their own that they might have to offer. The Council thereupon sent the Representatives an Address upon the
Union, and votes to joine their Committees in any other affaire:
which have been usual in all times past; This they refused:
and since they rose, I am informed they have sent away an
Address from that House alone; when it seems in their long
session they had reduced them from 77 members to about
40, and of them about twenty-two or three agreed this Address;
the Governour and Council being perfectly ignorant of what is
contained therein. I most humbly pray your Lordships' consideration of what is foregoing, and if anything be inconvenient
in that Addresse or other their Papers, it may not be attributed
to myselfe or H.M. Council, but truly, as it is, of a few men
that are displeased and restless; who are also put forward by
some persons attending at Whitehall in hopes of removing me
from my station. The value of my Office will make nobody
fond of it; but I am not willing (if I may have H.M. favour)
to be by such methods bubled out of an Honourable Post;
wherein I have served H.M. faithfully with all diligence and
acceptance of the People; and doubt not for the future of so
doing, if H.M. shall be so graciously pleased. Signed, J.
Dudley. Endorsed, Recd. Read Nov. 29, 1708. 3 pp. Enclosed, |
|
33. i. Minutes of the Council and Assembly of the Massachusetts Bay, June 24, 28, 1708, relating to an Address
to H.M. The Council propose a joint Committee to
prepare the heads of the Address, not thinking it reasonable that either House should be tied up to heads proposed by one House singly. Referred to in preceding.
Endorsed, Recd. Nov. 16, Read Dec. 17, 1708. 1 p. |
|
33. ii. Resolves of the Assembly of the Massachusetts Bay,
granting £200 for the Governor's support, and £225
for the Treasurer. July 3, 1708. Referred to in preceding. Same endorsement. 1 p. |
|
33. iii. Minutes of the Council and Assembly of the Massachusetts Bay, July 1, 2, 1708. (a) Grievances sent
up. Complain of money being spent (1) on men for
looking after Salem, Marblehead and Charlestown fortifications, (2) on illuminations at the Council Chamber
(3) entertaining the Court Martial in Sept. (4) paying
Capt. Southack 40s. more per month than any sea
commander (5) allowing large sums for the support of
the Governor and his guards eastward into N. Hampshire without the concurrance of the House. Complain
that the President of the Colledge is not dismissed
from his places of Judge of Probate and Justice of the
Peace, whereby he is hindred from devoting himself
entirely to that work. Signed, Thomas Oliver, Speaker.
(b) Reply of the Governor and Council. (1–3) The
sums referred to are very trivial. The first is in accordance with the object of the vote as declared by the
Representatives themselves. The second for the celebration of H.M. Birthday, Coronation and Accession.
The third for an enquiry into the miscarriage of the
expedition to Nova Scotia. (4) Capt. Southack is paid
less than the English establishment for a ship of the
same rating. (5) The "large sums" amount to £60
for several journeys in one year. It is necessary that
the Governor should visit the forces defending the
Eastward part of the Province etc. Same endorsement. 2¾ pp. |
|
33. iv. Copy of a Bill, proposed by the Council and rejected
by the Assembly of the Massachusetts Bay, June, 1708,
for the better providing of masts of H.M. Navy. Same
endorsement. 2 pp. [C.O. 5, 865. Nos. 6, 6.i.–iv.;
and (without enclosures) 5, 913. pp. 30–35.] |
