America and West Indies
July 1702, 21-25

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Institute of Historical Research

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Cecil Headlam (editor)

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1912

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478-488

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'America and West Indies: July 1702, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 20: 1702 (1912), pp. 478-488. URL: http://british-history.ac.uk/report.aspx?compid=71665 Date accessed: 25 April 2014. Add to my bookshelf


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Contents

July 1702

July 21.Addresses to H.M. and Governor Dudley signed.
Acts about powder, and for a levy of 500l. read three times, passed both Houses and were consented to by H.E.
Petition of Joseph Palmer, for a rehearing of his cause v. one Redman, read. Ordered that a copy be given to Redman to show cause why Palmer shall not have a rehearing.
John Gerrish was sworn a Councillor.
Vote sent up from the Representatives that an Act be passed that a tax be raised on all sorts of goods and merchandize, and all manner of lumber, that shall be exported or imported, to continue till the last of July, 1703. Joint Committee appointed to draw up a Bill accordingly.
Vote sent up that an Act be passed that the Treasurer take only 6d. in the pound for receiving and paying out public money payable to him. The Council consider that for receiving the 500l. tax made this Session, and for what shall be received upon the Act of impost and tunnage for this year, he take no more than 9d. in the pound. The Representatives concurred.
Dr. Richard Mills, a poor, sick and decripped person, craved leave to sue in forma pauperis for 100l. left by him two years ago in the hands of Elizabeth Redford, widow. Granted, and orders given accordingly.
Bill for impost and tunnage read three times and passed both Houses and received H.E.'s consent. [C.O. 5, 789. pp. 307–316.]
July 22.
Kiquotan.
770. W. Robertson, Clerk of the Council of Virginia, to the Council of Trade and Plantations. H.E. our Governor having come thus far with a design to have finished his letters to your Lordships, it pleased God to afflict him with a severe fit of sickness. He commands me to enclose two lists of papers wch. he now intends to send your Lordships by H.E. Governor Blakiston, who is daily expected here to sail out with the fleet. Thanks be to God, this country continues in peace, and hath hitherto been very healthy, but the excessive rains and sultry heat which have continued for these many days give great cause to fear a sickly season. Signed, Wil, Robertson. Endorsed, Recd. 24th, Read Sept. 29, 1702. 2 pp. Enclosed,
770. i. List of Papers referred to above. 1½ pp. [C.O. 5, 1312. Nos. 39, 39.i.; and (without enclosure) 5, 1360. pp. 228, 229.]
July 22.771. Journal of Council of Trade and Plantations. Letter from Col. Blakiston, March 24, with enclosures, read.
Letters from Col. Nicholson, Feb. 25 and March 21, read, and enclosures laid before the Board.
Letters from Mr. Larkin, Dec, 22 and 30, read.
Letter from Mr. Larkin, April 16, read. Copy of Memorial of Capt. Bertie enclosed ordered to be sent to Mr. Sansom.
Letter from Mr. Larkin, May 11, read, and upon consideration of the paragraphs relating to Churchill, Representation to H.M. ordered. [C.O. 391, 15. pp. 142–145; and 391, 96. No. 127.]
July 22.772. Minutes of Council of New Hampshire. Present as July 13. Ordered that a warrant be directed to the Captain of the Fort William and Mary, that he suffer no ships to pass by without producing a perticuler clearing besides their former clearings from the Treasurer or Receiver of all rates and duties upon lumber, and goods imported and exported.
Ordered that Theodore Atkinson of Newcastle and Capt. Henry Dow of Hampton be Receivers under the Treasurer of all rates, duties, etc., laid upon lumber, goods, etc., by the Act of July 17, 1702.
27l. paid for the Agent's passage and provision for England.
77l. 8s. 6d. paid on account of the Reception of H.E.
Account of the Secretary, Charles Story, amounting to 76l. 10s. 6d. paid, saving 10l. for engrossing the Laws, which was referred to the Assembly.
12 pieces of eight allowed to Richard Jose, High Sheriff, for his attendance upon H.E. and Council twelve days.
H.E. acquainted the Council that the Lt.-Gov., who attended him at Boston at his arrival, did by his desire and advice present Capt. Hern, of H.M.S. Centurion, with 20l. in the name of this Province, as an acknowledgment of his respect to H.E. in his passage from England. Ordered that it be repaid him, and that the next Assembly be acquainted therewith.
The Governor declared in Council that the watches and wards in all out towns begin on Monday morning next, and that the Garrisons in said several towns under the hands of the Governor or Lt.-Governor's order be sufficiently repaired.
Ordered that whereas Officers are appointed at Newcastle and Hampton for the receiving of several duties mentioned in the Act for impost, etc., the Secretary send breifs of the Act to them and to the Collector of H.M. Customs, and that the Collector acquaint all persons belonging to any ship that shall come to be cleared at his office, to go to such officer appointed to receive the duties aforesaid, to be there cleared likewise.
George Jeffrey took the oaths, etc., appointed as a Member of Council. [C.O. 5, 789. pp. 105–107.]
July 23.
Hampton
Court.
773. Order of Queen in Council. Approving and confirming Act of Antigua, 1701, concerning Alexander Crawford, and ordering the annexed deed to be registered with the Law in Antegoa. Signed, John Povey. Endorsed, Recd. 9th, Read Sept. 10, 1702. 2 pp. [C.O. 152, 5. No. 5; and 153, 8. pp. 78–80.]
July 23.
Hampton
Court.
774. Order of Queen in Council. Approving and confirming Acts of Antigua, 1701, concerning Henry Pearn and John Fry. Signed, John Povey. Endorsed, Recd. 9th, Read Sept. 10, 1702. 2 pp. [C.O. 152, 5. No. 4; and 153, 8. pp. 76–78.]
July 23.
Whitehall.
775. William Popple, jr., to John Sansom. Enclosing copy of Capt. Bertie's information against Mr. Cox, Commissioner of the Customs at Barbadoes. The Council of Trade and Plantations desire to know what the Commissioners of Customs, if they have had the like intelligence, think fit to do thereupon. [C.O. 29, 8. pp. 116, 117.]
July 23.
Hampton
Court.
776. Order of Queen in Council. Appointing Emmanuel Moreton to the Council of Jamaica. The Rt. Hon. the Earl of Nottingham to prepare a warrant for H.M. signature accordingly. Signed, John Povey. Endorsed, Recd. 9th, Read Sept. 10, 1702. 1 p. [C.O. 137, 5. No. 74; and 138, 10. p. 355.]
July 23.
Hampton
Court.
777. Order of Queen in Council. Approving of Edward Birch to be Governor of the Bahama Islands. The Council of Trade and Plantations are to take care that good and sufficient security in 2,000l. be given by him as proposed, July 16. Signed, John Povey. Endorsed, Recd. Read July 31, 1702. 1¼ pp. [C.O. 5, 1261. No. 136; and 5, 1290. pp. 147–149.]
July 23.778. Sir John Cooke to the Council of Trade and Plantations. Reply to Queries of July 14, No. 751.i. (1) Ships trading contrary to the Act of Navigation (12 Car. II. c. 18) are to be prosecuted, and the penalties arising to be recovered in any Court of Record. The words of the Act are general, without a particular mention of England or of the Plantations, and include the Admiralty Courts of both places, they being the King's Courts, and consequently Courts of Record. Ships trading contrary to the Act for Encouragement of Trade (15 Car. II. c. 7) are to be prosecuted and penalties recovered in any of H.M. Courts in the Plantations, or in any Court of Record in England, and it is certain that the Admiralty Court is the King's Court, and was so allowed to be by all the Judges under their hands, 1632. In the 11th Paragraph of the Statute for preventing planting tobacco in England, and for regulating the Plantation Trade (22 and 23 Car. II. c. 26) it is said that upon unlawful importations to or exportations from the Plantations, one moiety of the ships and their ladings shall go to the King, the other to him that shall seize and sue for the same, in any of the said Plantations, in the Court of the High Admiral of England, or of any of his Vice-Admirals or in any Court of Record in England, by wch. the jurisdiction of the High Court of Admiralty in England is plainly founded, as is likewise that of the Admiralty Courts in the Plantations, which in respect to the Admiralty of England are Vice-Admiralty Courts; and it is observable that both the Admiralty Courts are mentioned before the Common Law Courts as being principally intended by the Makers of that Statute for such proceedings, and it is further evident by the same Clause, and the two which follow, that the Admiralty Jurisdiction is not so confined, but that it may hold cognizance of and determine the offences, though the goods are unladed and seized on land. The three Statutes above mentioned are recited in the preamble of the last Act relating to the Plantation Trade (7 and 8 William III.), and that Act does sufficiently establish the Admiralty Jurisdiction in offences against the Acts of Trade, in as ample manner and in the same words as it doth the jurisdiction of the Courts at Westminster Hall; and if it be objected that it is there only said that the proceedings for the penalties and forfeitures arising from the offences, and not for the offences themselves, shall be had in the Courts of Admiralty, it may be answered that the Courts of Westminster have no more or other jurisdictions, for they are mentioned in the same manner as the Admiralty Courts and not otherwise. However, the offence and the penalty is all one cause and of the same cognizance, and are determined all at once; for to suppose otherwise were to make one Court put in execution the decree and sentence of another, which were absurd and impracticable.
Against the jurisdiction of the Admiralty Courts in the Plantations thus deduced and asserted, there is a seeming objection from a clause, p. 505 of 7 and 8 Gul. III., where it declared that upon all suits brought in the Plantations on offences against the several Acts relating to the Plantation Trade by reason of any unlawful importations or exportations, there shall not be any jury, but of natives of England, Ireland or the Plantations, from whence it may be argued, because Admiralty Courts use no juries, they are not proper Courts to try such matters in. To which it may be answered that this clause does not in the least take away the jurisdiction, which not only the same Act, but several former Acts of Trade have given to the Admiralty Courts in the Plantations, in cases of unlawful importations and exportations; for the directing the nature and manner of proceeding in one Court, when two have the cognizance of the same matters, can in no construction take away the power of the other, but from that clause this conclusion may be truly and fairly drawn, that none of the Common Law Courts in the Plantations should proceed in such cases but where proper jurymen may be had, so that natives of any other places but England and Ireland and the Plantations, or natives even of those places who are any way interested, or who are on any other account not legally qualified, cannot serve on juries, and consequently no such trials can be had in those Courts in the Plantations, where proper jurymen cannot be had; and in such cases the Admiralty Court, as it is always a proper Court, will be then the only Court to proceed in and determine breaches of the Acts of Trade. Signed, J. Cooke. Endorsed, Recd. Read Aug. 10, 1702. 2½ pp. [C.O. 5, 1261. No. 137; and 5, 1290. pp. 151–156.]
July 23.779. Memorandum of above. ¼ p. [C.O. 323, 3. No. 136.]
July 23.
Portsmouth, in
the Province
of New
Hampshire.
780. Governor Dudley to the Council of Trade and Plantations. The last letters and accounts I humbly addressed your Lordships with were from Boston referring to that Province, since which I have been in this Province about ten days, where I was received by the Lieut.-Governor, Council and Militia, etc., with all possible respect, and next day published my Commission, took and administered the oaths to the Council, and three days after, the Assembly met upon an adjournment, and sat only five days, in which time they have with all duty and respect to H.M. Government passed three Bills and no more; two are grants of money to H.M., one a land-tax of 500l., the other of a duty of impost and upon exportation of timber, boards and staves, which duly collected will amount to a much greater sum, and I am bound humbly to represent that considering the smallness of this Province, consisting only of five Towns, they have showed their readiness and obedience to H.M. commands, and their own necessary support in settling all the said duties double to what they have been at any time, and though it be but for one year, because it is absolutely new, I have no doubt but by a just management of this in the several offices to encourage and bring forward a longer settlement of that Act, when themselves shall see the benefit thereof, and the ease to the Planters. They have prayed that half the land-tax may be allowed to the Governor, but in their first vote for that Act presented it all or any part to me, but I was not willing at this time of great expense in their preparation to defend themselves against the French and Indians to accept more than 250l., not half of my necessary disbursements in order to the service here, which I humbly pray you will obtain of H.M. may be allowed me, and I believe this Province will readily do their duty to their ability for the future to such as shall be in command here. The third Act above mentioned is the settlement of the powder duty for the support of the Fort William and Mary at the entrance of Piscataqua River. Refers to enclosures. Names Richard Waldron and Major Joseph Smith for vacancies in the Council. The Province has so few people in it that I cannot write any others at this time, and truly through great age and poverty some of the present Council are unfit to attend, particularly Mr. Fryer, above fourscore and utterly uncapable. The Lieut.-Governor, Col. Partridge, has shewed me your letters of Dec. 22, 1701, commanding a complete collection of the Laws of this Province to be laid before your Lordships, which he has carefully drawn out of the several books, and put them into the best order and writing that we can obtain here, and they are now sent, under the Seal of the Province, etc. In answer to your letter of March 16, 170½, there is here no Admiralty Court in being, and being distant from Boston I can give no answer to the question, but that I presume Mr. Atwood's Commission is upon record in your own Office and also the Commission of Mr. Larkin. As soon as I return and can consider the directions of the Commission brought hither by Mr. Larkin, I shall do my duty therein, and take care that the Courts of Admiralty shall have their just power and effect.
In obedience to H.M. Instructions referring to the preservation of great timber, fit for the Navy, the General Assembly have represented to me that the dimensions set by his late Majesty for masts of 24 inches diameter, without any directions for length, will not serve that occasion, but take away most of the timber fit only for deals and planks, and therefore have humbly prayed that the dimensions may be altered to 32 inches and upwards and of proper lengths fit for masts, and that they shall then proceed in all humble duty to enact a Law with severe penalties to inhibit all waste, which might have been done at this time, but that I was not willing to allow any alteration in dimensions without your Lordships' further order. I enclose their Address in this affair, and pray your commands therein, and have in the meantime caused the Surveyor and his Deputies in the timber affair to attend me, and have given them strict orders to pursue their Instructions already received without any alteration. There is no other Fortification in this Province but Fort William and Mary at Newcastle, where are 31 guns mounted, half of them demi-culverin, but the fortification is by no means regular, nor sufficient, the carriages and platforms unserviceable. I hope to see the carriages and platforms amended, but the alteration of the works will ask time and more money than can be had of this little poor Province. However, I hope I shall lead them as far and as fast as they are capable. I am intended to leave this Province to-morrow, to go Eastward as far as Pemaqu[id], in which coasting voyage I hope to meet the Indians, if possible, to save them from the influence of the French, and to keep them quiet. And to see if after my own view of Pemaquid, the Assembly of the Massachusetts will be brought to rebuild that important fortification, and notwithstanding their great aversion to it, I would hope to put them upon that charge, if I might obtain H.M. favour for 200 men for the support of Pemaquid, and the coast to this place, which your Lordships were pleased to represent as needful, and I continue humbly to pray that you will lay before H.M. the necessity of those men to be sent hither accordingly, there being not less than 400 men in garrison at Port Royal and more expected, which will be capable to insult our poor settlements all along the coast of the Province of Mayn adjoining to the French, as far as this place, but would be all covered, and in great measure secured, by a good garrison at Pemaquid. I humbly pray your Lordships will favour these Governments with obtaining for us the canon and stores, which you these two years thought fit to be sent hither. I have received H.M. Declaration of War, etc., and since that I have encouraged and set out four vessels to annoy the French, two of them of good force, and shall give them all due encouragement, and hope for a public service and benefit by them. Signed, J. Dudley. Endorsed, Recd. Oct. 26, Read Nov. 11, 1702. 4 pp. Enclosed,
780. i. Abstract of preceding. 2½ pp.
780. ii. Address of the Governor, Council and Assembly of New Hampshire to Governor Dudley. Praying that the dimensions fixed for trees for Masts for the Navy may be altered; as above. If that shall find acceptance with H.M., we declare that with all readiness and obedience we shall proceed to enact such a Law, etc. Signed, Wm. Partridge, John Pirkevin [? Pickerin (g)], Samuel Keais, John Woodman, Theophilus Dudley, Moses Leavitt, Theodore Atkinson, Wm. Cotton, James Davis, James Rendle, Nathl. Hill, John Tucke [? Tuttle], Joseph Swett, Francis Page, Robt. Elliot, John Plaisted, Saml. Penhallow, Henry Dow, John Hinckes, Nath. Fryer, Peter Coffin, John Gerrish, Cha. Story, Secretary. Endorsed, Recd. Oct. 26, 1702. 1 p.
780. iii. List of the Judges and Justices of New Hampshire. Endorsed as preceding. 1 p.
780. iv. List of Military Officers of New Hampshire. Same endorsement. 1½ pp.
780. v. Memorandum of a Collection of the Laws of New Hampshire. ¼ p. [C.O. 5, 862. Nos. 122, 122.i.–v.; and (without enclosures) 5, 910. pp. 273–283.]
July 24.781. Journal of Council of Trade and Plantations. Letter from Mr. Addington, May 2, with enclosures, read.
Letter from Col. Beckford, Aug. 25, read, and enclosures laid before the Board. Ordered that that part which relates to the Commissions for trials of pirates be taken into consideration when a new Governor of Jamaica be constituted.
Letter from Col. Beckford, May 1, with enclosed Act, read. [C.O. 391, 15. pp. 145–147; and 391, 96. No. 128.]
July 24.
Plymouth.
782. Col. Quary to the Council of Trade and Plantations. I have been detained by contrary winds much longer than I expected. The last post brought me some letters from Pensilvania, from which your Lordships may see that Mr. Penn when he gave these large grants to his friends in general and to his favorite in particular did not expect to continue the Government of Pensilvania, much less the Lower Counties till this time. These Patents and Grants were passed but three or four days before he left Pensilvania, his whole design being this, that since he saw he could not hold the Government himself any longer, he was resolved to clogg it, so that those who succeeded should be slighted by the People, and rendered incapable of serving the Crowne. The Heads of the Charter, which he has given to the People of Philadelphia, are so ample and large, that had he expected to have continued the Government, he would sooner have parted with one of his limbs, as may appear by this :—The inhabitants of that place have been these 15 years soliciting for this very thing, and have proposed, as they thought, equivalent for it, but could not prevail with Mr. Penn, who very well knew that it was too great a power to give the people, and would make them independent and have but little regard for him, but as soon as ever he heard he was to lose the Government, without any application of the people, he gives them all those great privileges, many of which he very well knows are not in his power to grant, however it will serve to perplex the Government when he is gone. The people are not only given power to choose them magistrates and officers, but in case they are not for their turne, may turn them out again. Although the bounds of Pensilvania reaches but very little to the Southwards of Philadelphia, yet Mr. Penn is pleased to extend the bounds of that Corporation to the Capes of the Bay, without any regard to the Three Lower Counties, where he very well knows he hath no colour or pretence of Government : he might as well have extended it to the Capes of Virginia. Mr. Penn was resolved to set no limits to his boundless grants not only to Philadelphia, but to all the other parts of his Province, and to the Lower Counties, and that he may have some pretence for enlarging of his favours so far, he is forced to pretend a power of full Government in his deeds of feoffment for the Duke of York, when he very well knows there is no such thing. He pretends he grants this Charter at the request of the General Assembly, whereas the greater part withdrew and refused it as holding many clauses in it to be destructive of Government, as tending to the establishment of Deism by a Law, and making room for Papists to be in all offices in the Government. It is very well known from whence he had his president (precedent). No Governor or Officer whatsoever by his Charter is under the tie or obligation of any oath or affirmation according to Law, but only a bare promise, nor can any officer be turned out or any change or alteration made in this his unreasonable Charter but by six parts in seven in the Assembly, tho' but 11 or 12 persons passed the Charter in Assembly; so that by this means he hath laid the foundation of confusion and destruction, if not rebellion in the Government, whenever it comes into H.M. hands. The people have power to choose their own Sheriffs and Clerks, and just as Mr. Penn thought that he was going to loose the Government, he took effectual care that those who came after him should be fettered, for the Governor shall not have power to licence any to keep publique houses or ordinaries, though he and his Lieut.-Governor always did it and received the profit of it, but for the future he hath taken care that the Governor commissioned by H.M. shall be starved, if he can. Your Lordships will see by the enclosed (No. iii.) that Mr. Penn Governor does continue still by force to detain from H.M. Commissioners the dedimus under the Great Seal for administering the oaths to the Governors according to Law, for the remedy of which evil I hope your Lordships will take some proper and speedy course. The next thing remarkable is that this country does complain of their naked and defenceless condition in this time of war. Mr. Penn hath by a grant given away a parcel of land belonging to our Church. It was formerly settled on the Swedick Church for about 40 years ago, but it signifies nothing to Mr. Penn, who hath given it away to a Quaker without so much as giving us a hearing or trial, though he often and solemnly promised one, but promises of this nature are of little weight with him. As to the grant to his great friend and favorite, Samuel Carpenter :—The Governor of Virginia and H.M. Officers of Customs for that Province and Maryland have often represented that it would be very much for H.M. service and the ease and advantage of Trade to have convenient places in each river appointed for the lodging and unloading of all ships. The accompt of the tobacco landed in England would then answer the accompt of what was shipped here; whereas now the ships are so disperst, it is impossible for the officers to attend the tenth part of them, or prevent the importation of illegal trade. The reason that I apprehended why this great evil was not remedied was that all concluded it could not be done without an Act of Parliament in England or an Act of Assembly past in the country, but now, it seems, Mr. Penn pretends to a greater power than H.M., for he hath done it by his authority, and, which is far more, hath laid a tax on trade, and by his absolute power hath granted his patent for levying money on H.M. subjects without any Act of Assembly. I purpose to send attested copies of all these grants, as soon as I arrive in Pensilvania, but am afraid that I shall not be able to procure them without some order, which I hope your Lordships will send, and also an order for the delivery of the Dedimus to the Commissioners. Signed, Robt. Quary. Endorsed, Recd. Aug. 12, Read Sept. 3, 1702. 4 pp. Enclosed,
782. i. Abstract of preceding. 2 pp.
782. ii. Heads of a Charter granted by William Penn to the Town of Philadelphia. Privilege to make wharfs as far out as the Mayor shall see fit. Mayor, etc., a body Corporate and Politic; with power to purchase, sell, use a common seal, hear treason, etc.; determine petty larcenies, riots, etc., remove nuisances, and hold a Court quarterly or oftener. Fines to belong to the Corporation without being accountable. Mayor, Recorder and Aldermen to be Justices of the County, and to meet yearly in the 8th mo. to choose a new Mayor and add to the Aldermen. Power to erect a prison, Court House, and to appoint a Clark of the Market. Privilege of the Statute of Merchants. Coroner to belong to both City and County and to reside in the City. Sheriff to be Water-bayliffe to the Capes. People to recommend and choose Coroner and Sheriff. Power to establish Laws, not repugnant to those of England and this Government, and to admit freemen. Power to alter, revoke, etc., at pleasure, and remit fines; to keep two markets a week and two fairs, as already. Landing places at Blew Anchor and Penny Pott House to belong to the City. The City made a Port for vessels to extend into all parts of the Province. The Charter in all its parts to be construed most favourable to the People. Endorsed as letter. 1½ pp.
782. iii. Mr. Yeates to Col. Quary. Upland, Jan. 10, 1701 (1702). Criticises Penn's Charter as above. Proceeds to refer to "the Governor's request to the Commissioners mentioned in a dedimus to qualify him. When we appeared the dedimus was produced, and we required to administer the oath. We answered we were strangers to the powers mentioned in that Commission by reason for many years past it had been kept secret from us, whereby the end of it was frustrated, yet if they would please to deliver it to us, we should see our power and consider to answer the design of it, but it was the opinion of the Governor and Council that it ought to be lodged with them, notwithstanding that we often urged that that was to evade the intent of it, as in the late Government, and they thinking the Council had power to qualify the Governor, we concerned ourselves no further, but left it with them. We are dayly awakened here with fresh news about the war, which puts many of us into great consternation, considering the nakedness of our country, and the improvements we have made. So far as we have formerly toucht on this head, I now earnestly recommend to your remembrance. Since Mr. Penn went off, I am informed that at his going he confirmed the Green at Upland to David Loyd without hearing anything on the Churches part, as he so often promised. Refers to return of the warrant of survey by Robt. Longshaw, and a copy of the Sweeds' power to Laurence Cock and James Sandelands, and Swan Swanson, to get it patented, whereby they set it forth that they had right to that land above 40 years before Mr. Loyd pretends he bought it of the Sweeds Congregation and it was made over by the Church Wardens, but those near this place where the land lay never consented, and if they had (never being incorporated) could not make over land. We have now a Minister preaches here authorized by the Bishop of London, and since the Sweeds make not use of that land, we think we have right to it, it being given for that use. I hope you recommended our necessity to Gov. Nicholson in carrying on the Church here. Signed, Jas. Yeates. Endorsed, Recd. Aug. 12, 1702. 2¾ pp.
782. iv. Copy of William Penn's Grant to Samuel Carpenter, Mercht., for making his wharfs in Delaware River ports to load and unload vessels. Signed, Wm. Penn. Endorsed as preceding. 2 pp.
782. v. Governor Blakiston to [? John Moore]. Maryland, Dec. 2, 1701. Enquiring, upon the letter of the Council of Trade and Plantations, into miscarriages of Government in Pennsylvania and the Jerseys. Signed, N. Blakiston. Copy. 1 p.
782. vi. J[? ohn] M[oore ?] to Governor Blakiston. Philadelphia, April 21, 1702. Things have been here at a full stop expecting the issue at home. We hear the [Proprietors of the] Jerseys have surrendered their Government to the King, wch. will be a leading case to the rest. New York continues still in confusion, the English scatter'd and waiting my Lord Cornbury's arrival. Mr. Vesey, the Minister, is now in Jersey. Major Wenthorp [? Winthrop], Governor of Connecticut, and Col. Hamilton have interposed their advice like honest gentlemen, but reason will not be hearken'd to. Col. Byard is reprieved at last. No action yet in the Indies. 'Tis said that the Spaniard refused the French convoy, and have taken their plate ashore and laid up there ships for this year. Signed, J.M. ¾ p. [C.O. 5, 1261. Nos. 139, 139.i.–vi.; and (without enclosures) 5, 1290. pp. 202–212.]
July 25.
Cockpit.
783. Earl of Nottingham to the Council of Trade and Plantations. The Queen having been pleased to appoint the Rt. Hon. Edward, Lord Cornbury to be Governor of New Jersey, you are to prepare his Commission and Instructions with such powers as you shall think necessary. Signed, Nottingham. P.S.—The Queen having ordered my Lord Cornbury's Commission for the Government of New York with his Instructions to be renewed, I am commanded to desire your Lops. to consider whether any alterations are necessary, and if there be, to propose them. Endorsed, Recd. 26th, Read July 27, 1702. 11/8 pp. [C.O. 5, 970. No. 3; and 5, 994.A. p. 21.]