|
July 18.
Windsor. |
644. Order of Queen in Council, appointing William Outerbridge to the Council of Bermudas. Signed, John Povey. 1¼
pp. [C.O. 5, 11. No. 40.] |
July 18.
Windsor. |
645. Order of Queen in Council, appointing John Peasly
to the Council of Bermudas. Signed, John Povey. 1¼ pp.
[C.O. 5, 11. No. 41.] |
July 18.
Windsor. |
646. Order of Queen in Council, appointing Samuell Smith
to the Council of Bermudas. Signed, John Povey. 1¼ pp.
[C.O. 5, 11. No. 42.] |
July 18.
Windsor. |
647. Order of Queen in Council, appointing Leonard White
to the Council of Bermudas. Signed, John Povey. 1¼ pp.
[C.O. 5, 11. No. 43.] |
| July 18. |
648. Order of Queen in Council, appointing Samuell Shirlock to the Council of Bermudas. Signed, John Povey. 1¼ pp.
[C.O. 5, 11. No. 44.] |
July 18.
Spanish Town. |
649. Governor Handasayd to the Council of Trade and Plantations. Acknowledges letters of April 21, and duplicates, etc.
The Gentlemen of ye Councill who is Factors for ye Affrican
Company, or Factors for the sale of any other negroes, as to
yt. matter, Col. Beckford and Mr. Chaplain haveing resigned
their Factoridge, I know of none that is concerned but Col.
Clark and Col. Thomson, who gave me for answere the last
Councill Day, that they did not act for anybody but what is
related to their own shipps, but since H.M. last orders is possitive
in that case, as soon as I cann have a Councill (which I
hope will be in 14 days time, their being severall of ye Councill
sick and nott able at present to travill) H.M. commands shall
then be nicely observed; as to ye Capts.' commissions of privateers, they are as full as they cann be according to the rules
of warr, and everyone that disobeys command, is as lyable to
suffer death as if they were on board H.M. shipps of warr,
but as they are a headstrong ungovernable people, they must
sometimes be led, and sometimes drove; as to what yr. Ldshipps
mentions of the prizes, to have an account of the value of
each prize, it is wholly out of my power, for in ye first place
it being 15 or 16 miles distant, in the next place the frequent
disputes that happens between ye captures and others, which
offten last for severall months before condemnation, as also
the delays in selling, and the last is, those who are appointed
for the disposall of these prizes will nott transcribe me out an
account under £20 a shipp; as to the Lord High Admirall's
being surprized at my writing that the shipps of warr was in
health at that time, and that they were in want of men. Since
I have been in this Government, their has nott been supernumerary men in their shipps of warr, and never above two
men of warr that had their highest complement. I hope my
mistake cannott be great, considering the clymt., but they have
men dies and desarts here as well as in other parts, and a great
many more, as I suppose does appear by their muster, and all
the supply which I find is now come, is one man of warr
named ye Portsmouth, with the midle of her complement, the
men of warr that Admirall Wager designes to leave here will
not be capable of doeing any service, for want of men, ye
Portsmouth onely excepted, but to be more plain with your
Lordshipp the supplying the men of warr has and will be the
ruin of H.M. Regiment under my command, considering also
the duty which must be done at land. I have sent your Ldshipps.
the Publick Account of H.M. Revenue, which I desire yr.
Ldships. will order the delivery of to my Ld. High Treasurer,
they have been swore to by the Deputy Receiver Generall, Mr.
Chaplain, before me in Councill; as to publick affares here we
have litle materiall, onely the Island has (for the 3 weeks or a
month past) been afflicted with a violent distemper occasioned
by a sore throat attended by a violent Feavour, which has carry'd
of a great many people of all sorts. There was brought in here
abt. 10 days agoe a French [ship] of abt. 160 tunn for ye most
part loaded with dry goods from Old France. She touched at
Martinego and unloaded some part of her cargoe, she was taken
by a Jamaica privateer, Capt. Pinckerman, Commander, the
value of her I cannott inform yr. Ldshipps., but beleives she
may prove a good prize; our men of warr and privateers has
been very diligent, but I think for this 2 or 3 months past
ye trayd both to France and Spain seems to be very dead, tho
severall of our sloops and vessalls are gone and goeing a traiding
upon ye Spanish cost; the gallions yt. escaped last year is
still in Carthergena, and ye Laverdecrous Fleet is not yet arived
at Havana. I belive they will have a hard peice of work to
get past our privateers, who has (for this 4 month) been
watching for them. I return your Ldshipps. my hearty thanks
for all favours done, to the releife of me and my Regimt., which
I hope soon to have an order for, I doubt nott but the Gentlemen who is to succeed me will be better quallifyed to the
management of the Queen and Countrey's affares then I have
been to the entire satissfaction of all; altho I take God to my
wittness I have faithfully endeavoured to give satissfaction to
all, except in preserveing H.M. perrogative and the interrest
of Great Brittain, as to any other affares here I know of none
worth giveing your Ldshipps. the trouble of, etc. Signed, Tho.
Handasyd. Endorsed, Recd. Sept. 10, Read Nov. 11, 1709.
2½ pp. [C.O. 137, 8. No. 67; and 138, 13. pp. 46–51.] |
July 18.
Windsor. |
650. Order of Queen in Council. Referring following to the
Council of Trade and Plantations for their report. Signed, John
Povey. Endorsed, Recd. 26th, Read 27th July, 1709. 1⅓ pp.
Enclosed, |
|
650. i Petition of Robert D'Oyly, administrator to Cope D'
Only, late Rector of Williamsburgh, Va., to the Queen.
Abstracted A.P.C. II. No. 1100 q.v. Copy. 1¾ pp.
[C.O. 5, 1316. Nos. 29, 29. i.; and 5, 1362. pp.
399–403.] |
July 18.
Windsor. |
651. Order of Queen in Councill. Referring following petition to the Council of Trade and Plantations for their report.
Signed, John Povey. Endorsed, Recd. 23rd, Read 25th July,
1709. 1 p. Enclosed, |
|
651. i. John Bentley of Barbados, and Elizabeth his wife,
to the Queen. Pray for relief in case v. Richard
Downes, which is tryable only in the Court of Common
Please there, where Downes is Chief Justice. See
Aug. 2, 8, and A.P.C. II. No. 1099. Copy. 1 p.
[C.O. 28, 12. Nos. 29, 29. i.; and 29, 11. pp. 477–479.] |
July 25.
Whitehall. |
652. Council of Trade and Plantations to the Earl of Sunderland. Report upon petition of Switzers to be settled in
Virginia (v. June 28, 1709). The settlement of such a Colony
will be a public benefit and advantage, by strengthning the
frontier of Virginia against the French of Canada and Misisipi;
and by the increase of Trade and Navigation, and therefore
we see no objection why H.M. may not be graciously pleased to
grant their desire and to direct her Governor upon their arrival
to allot them lands on the southwest branch of Potomac (which
is a place not yet seated by any of H.M. subjects) under the
like conditions as are by the Charter and Laws of that Colony
directed to be made; due care being taken in all such grants,
of an equal distribution of the profitable and unprofitable acres,
and particularly that every patentee be obliged in the best and
most effectual manner to cultivate and improve 3 acres part
of every 50 acres granted to them within the term of three
years after the passing such grant; and in case of failure
thereof, such grant or grants to be void and of none effect
according to H.M. additional Instruction to Col. Hunter, Feb.
19, 1709. Provided always that in all things they duly conform
themselvs to the several Acts and Laws of Trade and Navigation
etc. Set out, A.P.C. II. pp. 608, 609. [C.O. 5, 1362. pp.
396–399.] |
July 25.
Windsor. |
653. Order of Queen in Council. Referring following
petition to the Council of Trade and Plantations for their report.
Signed, John Povey. Endorsed, Recd. July 28th, Read Aug. 8,
1709. 1 p. Enclosed, |
|
653. i. John Sober, of Barbados, to the Queen. Governor
Crowe behaved indecently to his wife and sister, and
then forced him to leave the Island by an unjust
prosecution etc. Prays for relief. Copy. 2 pp. |
|
653. ii. Deposition of John Sober. Details of preceding.
Signed, John Sober. Copy. 2½ pp. [C.O. 28, 12.
Nos. 33, 33. i., ii.; and 29, 11. pp. 490–494.] |
July 27.
Whitehall. |
654. W. Popple to Mr. Solicitor General. Encloses for his
opinion D'Oyly's petition, July 18. [C.O. 5, 1362. p. 403.] |
July 27.
Whitehall. |
655. Council of Trade and Plantations to Col. Jenings.
Acknowledge letters of Nov. 27 and March 21. The accounts
of negroes you have sent us will be made use of as occasion
shall offer. But it came too late for the last Session of Parliament, where the African trade was under consideration. However, we have reason to beleive that ye next winter that Trade
will be further look'd into, and then your accounts will be
of service. But there is one particular wherein we are yet in
the dark, vizt., you say that the Company have sold their negroes
from 20 to £30 a head, and the separate traders from 20 to
£35. We wish you had explained the reason of this difference,
and therefore desire you to do it the first opportunity. We
have considered the Counsell's answers to the several enquiries
in our letter to you of May 7th, 1707. As to what they say
about patenting of lands on the South side of Blackwater Swamp,
and in Pamunkey Neck, you will perceive by H.M. Instructions,
March 10, that that matter is now settled, which we hope will
prove for the advantage of the Colony. We represented to H.M.
what you formerly writ us, in relation to the settling the
boundaries between Virginia and Carolina, etc. Quote Representation
of Jan. 7, Order of Council Jan. 13, and reply of Lords
Proprietors of Carolina. H. M. Letters Mandatory as to issuing
out a Boundary Commission will be sent you. As to the exemption you mention to be granted by the Proprietary Governments to people that remove thither from being sued for debts
contracted in other places, we hope that matter is remedyed at
least in Carolina. For an Act having been past there granting
such an exemption, we laid the same before H.M. with our opinion
of the ill consequence of such Laws; whereupon H.M. was
pleased to repeal the said Carolina Act. But if that practice of
protecting creditors [sic] be still continued in Carolina or any
other of the Proprieties, you will do well to give us as particular
an account thereof as you are able, that we may lay the
same before H.M. for her further pleasure therein. In relation
to the Tobacco Trade, we doubt not but the merchants have given
you and their correspondents an account of what has been
done here for the encouragement thereof. However, the enclosed copy of an Order of Councill will explain that matter to
you. So that we hope in a little time especially when a Peace
shall be made, that the Colony of Virginia will find the benefit
thereof. We do not conceive the difficulty the Councill make
in returning an account of the quantities of tobacco exported
from Virginia, because we beleive it may easily be known from
the Naval Officer or Collectors Books. As to the Indian trade
for furrs, which you fear is like to be wrested from Virginia
by the Government of Carolina, we have writ to the Lords
Proprietors thereupon, who have acquainted us that they had
no account of that matter, but that they expected it by the
first ships. However, when we shall receive the affidavits you
promise upon that subject, we shall lay that affair before H.M.
for her pleasure therein. We are glad there is no illegal trade
carryed on in Virginia, and we desire that you will be as watchfull as possible, and that you will give all the discouragement
you can to the setting up of manufactures in that Colony. We
have often represented the necessity of regular fleets during
the war, which has been ordered by H.M. But the merchants
here have such different interests and opinions, that we may
justly fear it will not be so punctually observed as it ought.
We have laid before my Lord High Admiral what you write in
relation to a guard ship, and have been informed by Mr.
Burchet that some time since the Guarland, a 40 gunn'd ship
sail'd for Virginia, and is ordered to cruize between the Capes,
and another ship for the same service is order'd to be bought
at New England. You have done well in taking care for the
defence of the Colony, and we doubt not but you will have a
watchfull eye over the proceedings of the enemy. [C.O. 5, 1362.
pp. 405–410.] |
July 27.
Whitehall. |
656. The Earl of Sunderland to the Council of Trade and
Plantations. Recommends following. Enquires if they have
any objections, etc. Signed, Sunderland. Endorsed, Recd. 8th
Aug., 1709, Read 4th Jan., 170 9/10. Enclosed, |
|
656. i. Samuel Berwick to the Earl of Sunderland. Son
of a former Deputy Governor of Barbados, having an
estate of £1500 a year there, etc., Colonel of the Militia
there and Receiver of the Queen's Revenue, he prays to
be appointed to the Council. ½ p. [C.O. 28, 13. Nos.
3, 3. i.; and (without enclosure) 29, 12. p. 65.] |
July 27.
Doctors Commons. |
657. H. Bendysh to the Council of Trade and Plantations.
H.M. Commissioners for receiving and disposing of the mony
to be collected for the subsistence and settlement of the poor
Palatines refer following for your Lordships' opinion thereon.
Signed, H. Bendysh. Endorsed, Recd. 29th, Read 30th July,
1709. 1 p. Enclosed, |
|
657. i. A proposal for settling 200 families of the poor Palatines in Jamaica. That H.M. will be pleased to send
immediate orders and instructions to her Governor at
Jamaica, to acquaint the Assembly there that it is her
royal pleasure that Linches Island at the entrance of
Port St. Antonio be forthwith cleared for the building
of a town, and that 200 hutts be immediatly made capeable to lodge the said Palatines on their first arrival,
which must be performed by each Plantation's furnishing a due proportion of Negroes for that work etc.
That whereas there is a large tract of land on the
main Island opposite to that place, viz., between the
East side of Rio Grande and the East side of Porte
Morante, which is at this time the property of the
Crown and unoccupied, H.M. will be pleased to grant
a parcell of 15 acres of the same to each of the said
families, the allotment and distribution thereof to be
made by H.M. Governour or Deputy on their first arrival reserving only to H.M. the usual quit rents on such
grants to commence after years. That in order
to the transportation of the said Palatines, application
be made to the owners of the severall ships bound to
Jamaica this season, to take on board so many as they
conveniently can, and that ships be provided for the
remainder to be ready to sail the begining of October.
It is humbly conceived that ye charge attending this
proposal will be, for transportation of 1000 people
at £6 per head, £6,000; for subsistance till their own
labour can produce it, £5 per head, £5,000; for tools
and other necessaries, £2,000. In all £13,000. It is
humbly hoped that a settlement pursuant to this proposal will be of so great advantage, not only to the
trade but also to the security of the said Island, as
to enable the inhabitants to support and defend themselves, and to ease H.M. of the great charge of maintaining a Regiment there, and that the labour of these
people will in a very few years repay to England the
present charge many fold in commodities, which we
are now obliged to send silver into forreign parts to
purchase. Signed, Bartho. Gracedieu, Rd. Harris, Wm.
Coward, James Whitchurch, Benj. Way, Lawrence Galdy, Wm. Parrott, Edmd. Watkinson, Samuel Jones.
Copy. 3 pp. [C.O. 137, 8. Nos. 45, 45. i.; and 138,
12. pp. 420–424.] |
July 27.
Whitehall. |
658. The Earl of Sunderland to the Governors of New
York, Virginia and New England. It being absolutely necessary
for the security of H.M. Dominions in America and of the
trade of her subjects thither that the Bahama Islands should
be recovered from the enemy if possible, H.M. has commanded
me to signify her pleasure to your Lordship that you use your
best endeavours for that purpose; and the Commanders of H.M.
ships on your coasts have orders to follow your directions in
the pursuit of this design, which H.M. commends to your care
and diligence, etc. Signed, Sunderland. [C.O. 5, 210. p. 163.] |
| July 28. |
659. Copy of Landgrave Christopher de Graffenried's Patent
for land in Carolina. Cf. Aug. 4. Signed, Craven Palatin, Beaufort Craven for the Lord Carteret, M. Ashley, J. Colleton, J.
Danson, M. Ashley for Jos. Blake. [C.O. 5, 289. pp. 224,
225.] |
July 28.
Admity. Office. |
660. Mr. Burchett to Mr. Popple. This night the Queen's
and my Lord High Admirall's Orders will bee sent to Virginia,
New England and New Yorke, relateing to the Bahama Islands,
and they are to bee carred by Capt. Smith of the Enterprize.
etc. Signed, J. Burchett. Endorsed, Recd. July 28, 1709. ¾ p.
[C.O. 323, 6. No. 82.] |
July 28.
Custom-house, London. |
661. Commissioners of H.M. Customs to the Lord High
Treasurer. Report upon the Act of Virginia for setling the
towns, ports, wharfs and keys, etc. v. C.S.P., 1704–1706.
Refer to Report of March 7, 1704/5. This Board then approved
of that Act. Though we are still of the same opinion that it
will be more for the ease of collecting ye duties in the country,
yet we have great reason to fear from the improvment, in the
woollen and other manufactures already begun and still carrying on in Virginia and other parts of the Continent, that the
establishment of towns and incorporating the planters and others
there with the priviledges intended by this Act will put them
upon further improvements in the like manufactures, not only
for themselvs but other of the Plantations, and take them off
from planting tobacco, which would be of a very ill consequence
to this Kingdom, both in respect to the exports of clothing, and
all other necessaries from hence thither, and their dependance on
this Kingdom, but lessening the importation of tobacco hither
for the home consumption and supply of foreigners, besides a
further injury in point of shipping and navigation, and therefore,
rather than put this trade upon such hazardous points, we
would humbly advise that the said Act may be rejected, and
that all due encouragement may be given to the Planters for
turning their hands to manuring and cultivating their wast
lands for tobacco, and diverting them from other manufactures.
P.S. We are of the like opinion relating to the Act of Maryland
for settling ports, etc. Signed, J. Stanley, Will. Cullyford, Jo.
Werden, M. Dudley, J. Shute. Endorsed, Recd. Read Nov. 18,
1709. 1½ pp. Enclosed, |
|
661. i., ii. Duplicates of C.S.P. 1706, Nos. 642, 674. [C.O.
5, 1316. Nos. 37–39; and 5, 1362. pp. 432–436.] |
July 28.
Carolina. [1708.] |
662. Tho. Nairne to [? the Earl of Sunderland.] Since
my last, my ffortunes have mett with a strange turn, haveing
had the misfortune to fall into the hands of such persons
as are well known never to lett an opportunity escape of being
revenged on those, who have ever opposed any of their actions,
tho never so irregular. It is the great unhappiness of this
Countrey, ever since the reign of the present Governor to be
divided into two parties, the most violent whereof haveing the
Govermt. and Courts of Justice in their hands, often use their
power to crush others, as is notoriously known. It was my
fortune to be one of that party who look'd upon Governor
Johnson's administrations to be in great measure destructive
to ye Collony, and naturally tending to confusion and depopulation. I was against his excludeing Act, and drew and brought
into ye Assembly Addresses to thank H.M. and the House
of Lords for their goodness and justice in repealing them:
things of this nature have laid me open to ye hatred of ye
Governor. It is our custom in this Province to make merchandize of such other savages as they of our party take in the
warrs. But not content with this, those English traders, who
live among them, had gott a trick of setting them to surprize
one another's towns, by that means to have the quicker sale
of their goods for the prissioners taken, and to the end they
might never be punished for actions of that kind, usually had
the address to procure a present to be made to the Governor of
the booty so gott. In particular, one James Child about two
years agoe raised the people of some of the Chereckie towns,
and led them to cutt off two or three small towns of our freinds,
pretending 'twas the Governor's order, they destroyed the towns,
took about 160 slaves (besides the slain), 30 of which came
to Child's share, these he brought and exposed publickly to
sale in Charles Town, pretending still to have an order from
the Governor, and that half were for him, the Assembly then
sitting sett the people free, examined Child, who could (or
would) show no sufficient commission, they sent Address after
Address that the fellow might be prosecuted, but nothing could
prevail with the Governor so much as to hinder him from goeing
again among the Indians (who have since killed him), this
made people mightily exclaim and gave great reputation to the
private whispers that the Governor privately encouraged these
kind of actions. This and others of this kind, lying before the
Assembly made them dread the consequences of such actions,
and being by these methods led into one Indian warr, especially
since the French settlement on the Mississipi, whereupon on
July 19, 1708, they presented the Governor with £400 and £100
per annum for passing an Act for the rectifying these abuses,
this they did with much reluctancy, only fear of danger prevailed with them. By that Act I was appointed an Agent
to ride a circuite do Justice, among the traders and Indians,
to redress all abuses, this was a peice of magistracy, exposed
me at once to the hatred of the Governor and Traders, by my
endeavouring faithfully to discharge my dutty which the corruption of the time and place would not bear. This made two
of these loose fellows (one whereof. I had formerly committed
for buggery) swear against me severall I things, relateing to
scandelous words spoke against the Governor, but these presently
blew over, which made them have recourse to a peice of perjury,
that would effectually answer their master's designs, and give
him large scope to pursue his malice to my thorough destruction. The words they pitched upon for that purpose were,
that I said the Prince of Wales was King James' son, one
added Right Heir to the Crown, the other did not. Upon which
I had a mittimus made clapt into close goall for high treason,
and pursued with the most violent injustice ever was heard
of in America. I petitioned either to be speedily tryed here,
admitted to bail or sent to England, but the malice of the
Governor was so great that he denyed to allow either, pretending
he would send to H.M. for orders what should be done with
me, which in plain English was, you shall [?lie] like a dog
in a hot hole, which in this warm countrey will soon make
an end of you, while I still pretend not to have heard from
England, and in the meantime your small estate will be entirely
ruined. This is my present condition. I have profferr'd £10,000
secureity either to go for England, or to appear at the next
Sessions here, but could be admitted [to] neither, for the Governor knows well that what is alledged against me will appear
in its proper colours before any Court of Justice, nothing more
blind then malice, else any man would be ashamed to make use
of such evidences or talk of dethroneing a great prince among
the pine trees 4000 miles from her. I showed both Law and
reason for being admitted to the benefit of a writt of Habeas
Corpus, but to prevent anything of that, my mittimus was
wrote contrary to the deposistions, tho' at the same ye Governor
acknowledged, there never had been any Law arrived in this
Countrey, that would reach my case, only he had heard of one
in England, and would send for it. My circumstances are
hard, for by this usage no doubt my enemies will soon gett
me out of the way, if am not speedily releived from England.
I never was in England, have neither friends nor acquaintance,
nor know to whom to apply myself. By means of Mr. Boon's
letters from London, I have been acquainted with your Lordship's
noble character, that yr. Lordship is an enemy to all illegall
and unjust oppressions. This gives me confidence to begg yr.
Ldsp's. protection, in being pleased to lay open my case to
H.M. and entreating the following favours—to procure an order
for that I may be speedily admitted to a tryall here; where all
parties are well known, and for preventing all illegalities, by
delaying the sessions or keeping of evidences, that I may be
admitted to bail. The Orders must be very positive, and clear,
or else a thousand pretexts will be sett on ffoot to elude them,
for tho in England the course of law is open, and the powerfull
cannot easily wrong others, yet here it is quite otherwise, and
now more then ever. The better to comprehend how arbitrarily
Governor Johnson reigns, especially in my case, yr. Lordship
may please to observe that it's a generall rule of Law, taken
up in this place, that no English Act of Parliament is in
force here untill made so by an Act of this Province. This is
upon many occasions insisted upon, and by none more
then by the present Governor who would not so much as
let the Statute of Bankrupt be pleaded in Court against Lt.
Col. Wm. Rhett, because it was never passed into a law here,
and that the better to vindicate his proceedings, took pains
himself to procure subscriptions to papers sent to England,
to show that to be the Law of the Collony. If your Lordship
please to compare this with my case, you will conclude the
Law here is a strange sort of Proteus capable of putting on all
shapes and figures as occasion requires etc. etc. He well knows
no Jurry will hang a kitten upon the oaths of his evidences,
and knows my principles to be quite opposite to what is alledged
etc. Signed, Tho. Nairne. 3 pp. [C.O. 5, 306. No. 4.] |
| [July] |
663. Lt. Governor Usher to the Council of Trade and Plantations. Since mine in March lastt, have onely to ad H.M.
gracious sending to reduce the French, and apointing Col.
Nicholson to take care for effecting thereof, exceding joyfull
to all in N. Engld., who are redy and willing contribute there
assistance to soe glorious an undertakeing, pray God may have
success. Col. Nicholson, to admiration neglects noe time nor
spares any exspence for promoteing design, his procedeings
formerly well known for courage, justice, honour and endeavoring prosperity of place, thatt the Generall wishes he may have
Govermtt. N. Engld., and itts the desire of all H.M. true loyall
subjects. The vastt sums raised from H.M. subjects and all
to litle purpose by reason wantt of good judgmtt. and conductt,
the people of N. Engld. groanes under burden thereof. George
Vaughan returnd, giving accott Mr. Allen castt, lostt the Province
and same confirm'd to the people, and a finall issue, I
suspend beliefe thereof; knowing in all raines Mr. Mason's
title judged good, consequently Mr. Allen's, judges and jurors
being all partys will never give the case nor find a spetiall
verdictt, butt hope ways may be found for releife, if nott,
liberty to apeal for Greatt Brittain noe advantage butt a ruin,
charges of same being greatt; I know 2 cases where spetiall
verdictt denied, vizt., one of Crown's for some thousands pounds
for prize mony, jury gave for Deft., other Mr. Allen's case.
As to procedeings in Courtt, one Langstaf for Walderen
apeared in Courtt sworne, as to title poscestion, Mr. Allen
desired Langstaf mightt be examined, whether he did nott
come to N. Engld. as one Mason's servatts., and did setle the
country, build fourtts, etc., judges refused to examin saying
was onely summoned to give evidence for Walderen, wch. I
judge contrary to practice of Engld.; thus the Crown as well
as subjectt, may be denyed justice and noe releife. I presume
all lands to be held from Crown, Mason's title from the Crown,
I would have Mr. Allen resign up his claime for a sum of mony
with arears of all dues, for case has bin 30 year in Law, if
H.M. perchase same, then from Naumkege, wch. is Salem, to
Eastward would be att disposeall of H.M., and a quitt-rent may
be raised, wch. with the dutys of imposte and excise may amountt
to above £2000 per anum. Mr. Allen mortgaiged the Province
for monys I advanced and ingaiged for to vallew of £1500,
and now with interestt is above £1700: on receiptt of my mony
will resign mortgaige to the Crown, all the Fishery, mastts,
timber for building, and trees of turpentin, for roisin, pitch and
tar, land for hemp and flax, doth all lay from Naumkege soe
eastward; H.M. King Charles would have perchased Province
Main, ytt being the Govermtt's. is now the Queen's, and haveing
Hampshire, will bring all more depending on the Crown. And
a quitt-rent may be laid for suportt of Govermtt. if H.M. reducess Nova Scotia and Acada, there are cole mines of greatt
vallew, fireing in N. Engld. soe dear ytt. will be forced to
burn coales. We have had an Actt of Parlimtt. here published
relateing to mony passing at 17½ dwt.; noe reguard to the Actt,
all mony still att 15 dwt., soe merchatts. makes a prodigious
advance on goods, ye country impoverished, and in issue prove
a damage to Kingdome Great Brittain as to woollen manufactury,
for from H.E.'s family to meanestt peasantt home-spun is worne.
A Governour cant be suported with a small salary if the lawes
of Engld. be nott putt in due execution. Mr. Allen when had
his comistion from King Wm. for Governour, in itt I was apointed
Lt. Governour; Mr. Allen did agree to allow me £250 per annum,
was there 4 years, spentt my estate and time, never had one
peny. Mr. Allen being keptt outt of his rightt, could nott pay
the money; he tendered me 1000 acres lands uninclosed and unoccupied att Little Boares Head, a draughtt of dede drawen,
butt before accomplish ye same dyed, if H.M. perchase ye place,
desire care may be ytt. I have the £1000 or 1000 acres land.
There are many persons pretend to greatt tractts land. One
lays claime to 18000 acres by town grants, same noe ways
improved, a greatt hinderance in setleing and peopling place.
I humbly offer to your Ldships.' consideration a quitt-rentt how
to be laid. H.E. is pleased to kepe me ignorantt as to anything relateing to the Govermtt., ytt he makes my comistion
onely a cipher, however in all things shall redily yeild obedience
to any commands from Crown, or H.E., waiteing and hopeing
for better times, etc. Signed, John Usher. Endorsed, Recd.
Sept. 8th, Read Dec. 12, 1709. Holograph. Addressed. Sealed.
2 pp. Enclosed, |
|
663. i. Mr. Usher's scheme for quit-rents at 6d. on ye pound,
as agreed with Mason, etc. 1 p. [C.O. 5, 865. Nos.
34, 34. i.; and 5, 913. pp. 145–152.] |
