And you are to give notice of Our Pleasure herein to our Provinces of East and West New Jersey and to the Governor and Company of the Colony of Connecticutt, that they may conform themselves thereunto. So we bid you heartily farewell. Given at Our Court at Kensington the 2a day of February, 1700-1, In the twelfth year of our Reign. By his Majesty's Command. [P. 32.] Extract of a letter from the Lords Commissioners for Trade and Plantatious to the Earl of Bellomont dated the 11th of February, 1700-1. On the 10th of the last month we laid before his Maj'sty a Representation relating to the state of the Forts and Fortifications on the continent of America, and we send you here inclosed a copy thereof, as likewise of our Letter to Mr. Secretary Vernon on the same subject, You will by them perceive what wee offered in relation to all yor Governments, and more particularly in order to the further defense and security of New York; and his Maj'sty having thereupon been pleased to approve and sign the Letters that we had prepared for yourself with respect to your several Governments, and for the respective Governors and Governments of Rhode Island, Connecticut, Pensylvania, Marriland and Virginia, we send you here enclosed all his Maj'tys said Letters; and because they are sealed, we send you likewise copies of those which are not for y'self, that in sending them forwards you may better know what to write along with each of them. With these we also send you another letter from his Maj'ty relating to the preservation of Timber in the Province of New Hampshire, which his Majs'ty was pleased to direct us to draw in pursuance of our Representations on that subject; whereof we sent you a copy in our letter of the 30th of October last. We writ you formerly about sending the Acts of General Assembly which [P. 33.] concern private persons, under distinct Seals, without fastening them to those that are of a public import. And we now add, that we think there would be a conveniency in sending all public Acts also in the same manner, each of them under a seperate Seal. Provided still, that they be either writ or printed in such a forme that they may conveniently be bound up in Volume as there shall be occasion, which method we desire therefore may be observed in all yo' Governments. The Commissions for trying of Pirates in his Maj'tys Plantations pursuant to the late Act of Parliament for the more effectual suppression of Piracy, having been brought to us the 24th of the last month; we did on the 27th commit those which concern your Lordship as Govern' of New York and New England, to the care of Mr. Champante. And in further reference to both these Commissions, we now here send you inclosed his Maj'tys letters relating to Accessories in cases of Piracy beyond the Seas, who are not to be tried by the said Commissioners. [P. 34.] Copy of an Order of Council of the 24th April 1701, upon a Report of the Lords Commissioners for Trade and Plantations relating to Mr. Allen's Appeals. At the Court at Kensington, the 24th day of April, 1701. The Kings Most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lords Commiss" of Trade and Plantations on the petition of Samuel Allen, Esq., Proprietor of the Colony of New Hampshire humbly praying to be admitted to appeal to his Maj'sty in Council from a Verdict and Judgment given against him in the Superior Court of Judicature, of New Hampshire, the 13th day of August 1700, in favor of Richard Waldron, touching the Petitioners Right as Proprietor to certain Quit Rents of land in the said Colony, his Majesty in council is pleased to approve of the said Representation and accordingly to order, as it is hereby ordered, that the Petitioner, Samuel Allen be admitted to Appeal from the said Verdict and Judgment given against him in the Superior Court of Judicature of New Hampshire, the 13th day of August 1700, in favor of the said Richard Waldron; the petitioner first giving security to prosecute the said Appeal in order to be heard before this Board, the first Council [P. 35.] day in December next, and to abide by his Maj'tys determination in Council therein. And his Maj'ty is further pleased to order that authentic copies of all proceedings in the said Superior Court of Judicature, in the petitioners case, be transmitted to this Board under the Seal of New Hampshire for his Maj'tys better information herein. And the Governor, Lt. Governor, or Commander-in-Chiefe of New Hampshire, and all others whom it may concern are to take notice hereof, and to govern themselves accordingly. EDWARD SOUTHWELL. [P. 36.] Extract of a letter from the Lords Comm'rs for Trade and Plantations, dated the 29th of April 1701, to the Earl of Bellomont. As for Masts, Timber &c. to be had in New Hampshire, in order whereunto yo' Lordship conceives the Trade from thence to Spain and Portugal ought to be prohibited, having had occasion to lay some matters before the House of Commons, we have offered that amongst other things to their consideration. The appeal that your Lordship had heard was refused in New Hampshire, has occasioned a petition to His Maj'sty which is now under Our consideration. We hear nothing yet of that appeal you mention to have been refused in the Massachusetts Bay. But this declining to admit Appeals to his Maj'ty in Council, is a matter that you ought very carefully to watch against in all your Governments. It is a humour that prevails so much in Proprie ties and Charter Colonies, and the Independency they thirst after is now so notorious, that it has been thought fit those considerations, together with other objections agt these Colonies should be laid before the Parliament; and a bill has thereupon been brought into the House of Lords for Reuniting the right of Government in their Colonies to the Crown. As to Mr. Allens Claim to ye Province of New Hampshire (mentioned also in the same Letters) that is a point of Law which has been formerly made the consideration of two Chief Justices of England; and a Report having [P. 37.] been made thereon we cannot meddle in it, but the forementioned Appeal which is de sired by him from a late sentence of the Superior Court of New Hampshire, will probably bring that matter again under consideration and occasion some positive settlement in it. We hope that Coms for trying of Pirates lately sent to all the Plantations will tend effectually to their extirpation; and the Proclamation of the 6th of March last which we send you here inclosed will also have a good effect; however a constant watchfulness agst Piracyes, and all manner of illegal trade will be always necessary. As to Piracyes, we send you likewise here inclosed the copy of his Maj'tys letter to you of the 14th inst. sent by Mr. Larkin, one versed in the forms of Admiralty Courts, and appointed by his Maj'ty to carry duplicates of those Commissions to all places where they are to be executed: who goes first to New Found Land, and will from thence take his passage to New England and so forwards through all the Plantations, in order to the settling of those forms according to the Instructions that have been given him for that purpose. Diverse complaints have been laid before us of irregularities in the Courts of Chancery in his Maj'tys Plantations; and amongst the rest, that in some places the Governors and the members of the respective Councils who compose those Courts, do sit and act therein without taking any Oath to do equal and impartial Justice between parties concerned in the Causes that shall come before them. Wee have thought fit hereby to direct [P. 38.] you (as we do other Governors) that in case there have been any neglect of this kind in any of your Governments, you forthwith take care to remedy the same as your Commission impowers you, by your taking, in the first place a proper Oath for that purpose and afterward administering the like Oath to the members of the Court of Chancery in that Province, where you shall be presiding at the receipt of this letter; and by your further directing the Lt. Governors of his Maj'tys other Provinces, under yo' Government, immediately to take the like care in each place respectively. PAPERS Relating to the Earl of Bellomont's Administration, so far as respects New Hampshire: COPIED FROM DOCUMENTS OF THE COLONIAL HISTORY OF NEW YORK. [Note.-The following Papers are of much value as casting light upon our Provincial history during the period of Bellomont's Administration.-ED.] My Lords. [N. Y. Col. MSS., Vol. IV., p. 261.] Duke of Shrewsbury to the Lords of Trade. The King has been pleased to appoint the Earl of Bellomont to be Governor of the Provinces of New Yorke, Massachusets Bay and New Hampshire and to be Captaine Generall during the War, of all His Majestys forces both there and in Connecticutt, Rhode Island and the Jerseys; which I signifie to your Lordships by His Majestys directions that you may give orders to have his severall Commissions and instructions prepared accordingly. I am, My Lords, Your Lordships most humble Servt. Whitehall, SHREWSBURY. 16 March 1696-7. To the Lords of the Council of Trade and Plantations. [Vol. V., p. 314.] Earl of Bellomont to the Lords of Trade. To the Right Honble the "I am glad your Lordships are pleased to renew your orders for the carrying on the good design of furnishing naval stores from New Hampshire for the use of His Majesty's Navy, which I shall obey with a great deal of pleasure, though that design have hitherto been obstructed by some cross accidents. I do not for all that despair of its succeeding well and answering His Majesties glorious ends, for the advantage of England, and your Lordships great care for its encouragement. A foolish and unhappy parcimony in the surveyors, Mr. Bridger, Mr. Furzer and Mr. Jackson, the two first appointed by the Admiralty and Navy Wards, and the latter by Sir Henry Ashurst, to make survey of the woods, and other conveniencies, in these His Majties territories for Naval Stores, has been the occasion of great disappointment and losse of time in that affair. They were ship'd on board the Deptford, by an order of the Admiralty, of their procuring, and so were forced to Barbados where Mr. Furzer and Bridger fell sick of the Feaver three or four days before I left Barbados, contracted by a debauch they made; Mr. Furzer dyed, who I believe was the best of the two, but Mr. Bridger recovered, followed me hither, and I have sent him to Boston with a letter earnestly recommending him and the design he is imployed in, to their effectual kindness and furtherance, a copy whereof I now send your Lordships. Mr. Jackson is still here upon some businesse, but is to follow Mr. Bridger in a day or two; my letter is directed to the Lieut. Gor Council and Assembly, and will go to them in a fit juncture of time, because the Assembly of that province are now sitting. One thing I am apprehensive may somewhat obstruct the progress of this design for the present though the Governt of Massachusetts Bay were well affected to it, and that is the Eastern Indians being still in warr with the English of that province (as by a copy of Mr. Usher's letter to me your Lord will see) it will be very expensive for the Province of Massachusetts to maintain a sufficient Guard for the Surveyors, but if they require it of me, I'll furnish them with forty or fifty soldiers from this and the other garrisons in this province. I am told this Country is much fitter for producing of Hemp and Flax, than that about Boston, and some persons have been talking to me of encouraging by an act of Assembly, the propagation thereof; but day labour is so excessively dear in this Country, that I am jealous it will never do so well here as in Ireland; however I will give such a design all the Countenance I can, that His Majesty may be certain of being supplyed with those species here, if he should miss of them else in his own Dominions. I shall God willing go to Albany about a month hence, when the Assembly have ended their session, where the Five Nations of Indians are appointed to meet me, and I will try to engage them to fall upon the Eastern Indians that infest the inhabitants of New |