Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 57

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Publication date:
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Number of Pages: 860

USA > New Hampshire > Rolls of the Soldiers in the Revolutionary war, 1629 to 1725 > Part 57

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[2-20]

[John Colman's Appointment as Agent for Prizes in New Eng- land, 1703.]

By the Principall Commissioners for Prises - -

By vertue of the Power & authority to us granted by Seale Her Majties Commission under the Great Seale of Eng- land bearing date ye sixteenth day of November last we doe Constitute and apoint you M: John Colman, and you are hereby Constituted and apointed Her Majtis Agent for Prises at New Eng- land & Rhoad Island, with full power warrant and authority to you to doe and performe all and all manner of things, to the said office of agent belonging or apertaining according to such Directions and In- structions as you shall from time to time receive from us or any three or more of us -Given under our hands and the Seale of our office this seventh day of June 1703 In The Second yeare of Her Majties Reigne.

Edward Brereton Geo : Morley xRichard Brettonx

Antho : Duncumb

13. -. -

695

MISCELLANEOUS PROVINCIAL PAPERS.

[Appointment of Samuel Penhallow Prise Agent, 1704.]

These presents doe Witness, That I John Colman by vertue of ye Power In writing to me given and granted by The Honoble : The Principall Commissioners, (of which the above is a trew Coppy,) I doe hereby nominate authorise and depute Samuel Penhallow Esqr of Portsmouth in ye Province of New Hampshire, giving unto him full power & authority to doe and performe all and all manner of things to the said office of agent belonging or appertaining according to ye Instructions hereunto anexed.

In witness whereof I the said John Colman have hereunto put my Hand and Seale. Dated in Boston this fourth day of December Anno Domini 1704 and In the Third yeare of ye Reigne of Our Sov. ereigne Lady Anne Queen over England &c -

Sealed & delivered In the presence of Henry Sherburne John Colman. Seal. Wm Colman Jn™

[2-21]

[Instructions to Prise Agents, 1703.]

By ye principall Comissrs for Prises -

Instructions for the Agent of Prises at New England -

You are to take care to receive into your Custody all To take all ships & goods by Indenture. ships & goods brought in as Prize into your ports or any the Creeks or Rivers within the Districts thereof by In- denture under the hands & seals of the Captain Officer Command' : or Seamen bringing in the same, of which said ship her tackle, apparell Furniture & Stores of Ammunition & provision, and all & singular ye goods wares & Merchandize seized in her you are to make a fair Generall account or Inventory, as you may without breaking of bulk, or unloading the same -

And send Dupli- cate. A duplicate whereof under your hand & Seal, you are to returne to us by the first opportunity after your receipt thereof, Together with the name of the ship the place whereto shee properly belongs, the Captains & Masters names and her burthen quality age & built, as farr as you can learn, as also the Captors name, and the time & place of Capture -

To take all the 2dly You are to take especial care to make due search, & writings in ym enquire for and demand, take & receive into your Custody

696

MISCELLANEOUS PROVINCIAL PAPERS.

all bills of Lading, Docquets, Evidences, Charterpartys, Letters, Sea- briefs, Passes, Examinations, Proofs and all other writings & papers, whatsoever that shall be delivered up or found aboard of, or belong unto the said ship as shall be brought in as aforesd which said papers writings &c. all, Captains, officers & seamen bringing in such ships are required to deliver unto you accordingly in order to the Condem- nation of such Prise -

Major or cheif 3dly You are in order hereunto to take especial care, that Magestrate to

Examine ye some persons of good Credit & condition resident at any Ships Company. port or place where any ship shall be brought, within your district (having Commission & Interrogatories from the Court of Admiralty, which if they have not, you are to Informe us thereof, to the end the same be sent.) Do forthwith examine as well the Master & officers of the ships Company seized or any two or three of them that shall be found most knowing, to each point in the said Commis- sion and Interrogatories, specified and also (if there be occation) the Captains Comanders & Scamen bringing in the said Prises to the points they shall be able to answer, and causing full & perfect affi- davits to be made by such as have had or Intermeddled with any bill About bills of Lading Doquets, Evidences, Charterpartys, Letters,

of Lading. Scabreifs, Passes, Examinations, proofs & other writings & papers whatsoever that the same are all that came into their or any of their hands respectively and have not been blotted defaced or altered since they so came to their hands respectively All which papers writings bills of lading &c you shall perticularly specify figuring each of them 1, 2, 3 &c to avoid confusion & transmitt them unto us or to a propper Court for Prises if any such be established in New England, or attested Copys thereof, also sealed up, together with the Depositions or answers to the aforesd Interrogatories with all possible speed or take care they be so transmitted, together with an account of the nature & condition of the Lading whether perishable or not -

To prevent Imbezelments & put waiters aboard.

4thly You are to prevent & hinder, (as much as in you lyes) all embezelments & wastes that may by fraud or neglect be comitted or happen to any ship or goods so put into your Custody by making tight & sound any cask, or stoping any leakage that you can come at, & placing sufficient honest waiters on board, you shall seal up and secure the hatches, port holes and other places by which such goods might be Imbezeled & have a diligent eye yourself for the security thereof, and you shall require the assistance of any officer or subject, of her Majtie resi-

To require assistance of dent at your port, or within the districts thereof where it

all officers shall be necessary either for the discovery of such prac- tices or securing any the goods belonging to your charge or the

MISCELLANEOUS PROVINCIAL PAPERS.

697

persons offending in the premisses, and you are authorised to seize To seize the such goods & proceed in the punishmt of such offenders

offenders &c according to Law & give us notice of your actings herein To hyre men . 5thly Having so examined Inventoried & secured the to bring about premises as aforesaid & given an account thereof to us or the ships &'c to a propper Court of Prises as aforesaid you are (if any oppertunity offers itselfe, and it may best serve the Interest of Her Majtie & the Captors, to hyre & contract with Seamen & Marriners to Navigate the said ship, from any of your Ports or Creeks to England & send us the rates by you agreed upon, & an accot of moneys pay- able to the respective persons employed by you in such service & you are to deliver such ship by Indenture for her Majties use as you received her, sealing up a Duplicate of said Indenture, & Inventory thereof and send the same to us, with a Certificate in wt Condition the ship & goods were at the time of the delivery. A Duplicate whereof you are likewise to returne unto us, with a full account of your proceedings, and in case you shall at any time find sufficient cause, not to send any such Prise ship to England, you are forthwith to certifie the same unto us with the reasons thereof, when you have carefully & exactly Inventoried & taken a just account of such ships their Tackle, Furniture Apparell as also the lading and #ticular sort of goods, & when they are legally Condemned you are to expose the same to sale, at such times & in such manner as shall be likely to procure the most advantagious price, and the produce you are to ship & send to us home, on good Ships in such Comoditys as may probably come to a good market, in England or in pieces of Eight or bills of Exchange, as you shall judge will turne best to accot & advantage, and for whatever you ship take five bills of Lading & Consigne them to us for Her Majties use, & on her resqt and send us three of them by distinct Conveyances, & let us have full & frequent advices of all your proceedings in this matter, but in cases of absolute necessity & where the Prise Ships or their Lading shall appear upon oath of two or more honest & understanding persons to be perishable, you may after due appraisement thereof made upon the oath of five honest persons well skill'd in such like matters dispose thereof according to the Tenour & power of a Commission from the high Court of Admi- ralty to that purpose wherein you are to act in Concurrence with the Captor -

To send acots 6thly You shall frequently send unto us a ticular

of all Charges

accot of your charge & disbursmts in the service wch you

of every ship shall make up distinctly to comprehend the several sums laid out upon every #ticular ship or goods, from the time of their Capture to the time of their being discharged or otherwise disposed

698

MISCELLANEOUS PROVINCIAL PAPERS.

of. That so Her Majtie may not suffer any loss through the want of Information of the Charges which shall happen, upon every ticular ship & Cargo (which if they be restored deposited or condemned) must be applyed properly to each particular ship. And you are to take #ticular care to observe in the accts you send concerning the Prises brought into your Ports the method herewith sent you, as far as relates to you -

7thly & lastly you are to observe such further directions from time. to time as you shall receive from our board concerning Prises -

Prise Office gth of June 1703.

Edward Brereton George Morley Richard Breton *

[2-22] [Documents relative to the Seizure of a French Ship.]

Boston New England Decr 14th 1704.

Delivered unto Mr John Colman Her Majties Agent for Prises a. ffrench ship Laden with dry fish and some Trane Oyle Named the St John Baptist, Marston Salaberry Late Master, Taken by my selfe &: Compa In Her Majties ship Advice neere the banks of Newfoundland & here brought in, as witness my hand and seale, the day & yeare above written - [No signature or seal. ]

[Ibid.] Boston New England Decbr 14th 1704.

Received of Capt Salmon Morris Comandr of her Majts Ship the Advice, a Prize Ship taken by him, and brought into this Port Loaden with dry fish, and some Traine Oyl, by Computation twelve hundred qu'tlls of fish, and Eighteen hhds Oyl ; to bee disposd off for acctt of her majesty and the Captors ; as witness my hand and seale the day and yeare above written.

Copia -

John Colman Agt for Prizes Seal

[Ibid.] Portsmº : Piscataqua Janua 1704 [1705, N. S.]

Whereas we whose names are hereunto subscribed were belonging unto & present aboard Her Majties Ship Advice Capt Salmon Morris Commander at the Taking the Ship St John Baptist, Marston Sala- berry Late Master (Laden with Dry fish and Oyle from Newfound -. land & bound to Bayone) which said Ship & Cargoe was Carried into the Port of Boston in New England & there Condemned.

we doe acknowledge to have recd of Mr John Colman Her Majties:

699

MISCELLANEOUS PROVINCIAL PAPERS.

agent for Prises, our full parts or shares of the said ship & Cargoe according to Her Majties Most Gratious Declaration of the first day of June 1702, as witness our hands - [No signatures.]

[2-25]

[The original of the following seems to be in the handwriting of Samuel Penhallow. - ED. ]

Some few Directions recomended for the advancement of Piety, and Suppresing of Vice, Reduced under three heads, viz' magistrates, ministers & people.

I. MAGISTRATES, who are under a Solemn oath, and should there- fore make conscience of discharging their duty accordingly.

I. It was a great and awfull Speech which his late Majesty, and Representatives in Parliament, Declared ; vizt that ye Debauchery and prophaness of ye nation is principally oweing to ye negligence of magistrates in ye Execution of their office, and their ill example.

2. Tho the fear of ye law meerly, dos not make a man a true Chris- tian ; yet great good may bee done thereby : and such as are restrained from doing evill out of fear of Punishment, may, in a little time become vertuous.

3. Wee have ground to hope, that if ye Edg of ye law and authority of ye magistrate, bee turned agst immorality and prophaness, God will not look upon our sins to bee national, and so may prevent those judgments, which otherwise they will bring upon us.

II. MINISTERS, who should stir up Magistrates and people, unto a zealous, and speedy observation of their Duty.

2. That they instruct ye Youth in ye Principles of Religion ; for its much to bee feared that the unchristian practices, wee see, and hear of, do very much proceed from want of a good foundation.

3. That they appoint Deacons in their severall churches who if industrious in visiting of families &c will be greatly instrumental to ye carrying on this noble work of reformation with great success.

III. PEOPLE, who should labour to gett officers, especially Consta- bles and Grandjury-men, that are well qualifyd; In England, and Ireland, many religious men have voluntarily taken upon them such offices, purely to prevent publick disorders, and to cause a reformation in morals.

2. That altho they may, and must expect to meet with great diffi- culties, and opposition, especially att first ; yett by how much the greater they are, by so much the greater will their reward bee att last.

3. That to be called an Informer for ye suppressing of immorality,

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MISCELLANEOUS PROVINCIAL PAPERS.

and vice, wherein ye glory of God is so imediately concerned, is 'so far from being odious in the judgment of sober men, that it will tend unto a man's honour and reputation. Vertue was never yett attained, without some labour and difficulty, and ye more difficulty wee meet with, in this noble design, our success wilbe ye more glorious. Be- sides that man's religion hangs but loose, which is in danger of having it shaken off by a small gust.

It's strange to think, that Dissenters, who of late years have been characterized from churchmen for their holy, and religious Lives ; should be so backward, and remiss, as to lett ym have the start in reformation of maners, and promoting of godliness.

For Encouragement, wee have ye Laws of God, and the nation of England, as well as ye Laws of this Province; the Declaration, of their late Majts and Representatives in Parliament, as well as ye Royall Proclamation of our present Queen : the Publick approbation of Lords Spirituall and Temporall, and Judges of both Kingdoms ; of ye nobil- ity, and clergy of the [word illegible] besides the great benefitt that have accrued in the visible effects ; and ye great comfort that att last will redound to our own Consciences.

Jan'ry 5th 1704-5.

[2-28] [Relative to the Post Rider to Boston, 1705.]

Portsmouth, 25 April : 1705 By The Governor & Council

Upon Complaint of several Gentlemen & Merchants of this prov- ince that the post is less serviceable because his arrivall in this place being every week on the Wednesday & his return to Boston not untill Saturday night yet he takes his departure from hence frequently on thirsday whereby the answers of many letters & business thereupon is delayed and obstructed. - It is hereby ordered That the Postmas- ter in this place do not deliver the bagg to the Riding post till friday morning ten of the clock upon any pretence whatever -that all per- sons concerned therein may be made Certain of the time and their afairs not suffer thereby, & the secretary is hereby ordered to post up a Copy of this order in the post House that due notice & observance thereto may be had for the future -

Read in Council the 25th April 1705 & allowed off -

Cha : Story Secretary -

[The records of Council as printed in Vol. II. make no mention of any meeting between April 3 and May 8 of that year. - ED.]

701

MISCELLANEOUS PROVINCIAL PAPERS.

[2-29]

[Commission to Jaffrey and Penhallow, to Appraise the Sloop Dolphin, 1705.]

Province of New By His Excellency Joseph Dudley Esq' Gover-

Hampshire nour, and Comander in Cheife in and over her

in New England Majties province of New Hampshire in New Eng- land, and Vice Admiral of the same.

Province Seal. To George Jaffrey and Samuel Penhallow both of Portsmouth in said Province Esqrs Greeting. - Whereas Robert Elliott Esqr one of the Cheife owners of the sloop Dolphin now in the River of Piscataqua, John Hollicome Master, burthen about thirty four Tunns made application unto me that the said sloop in comeing from Barbadoes on her voyage to Piscataqua in said province, was taken by a ffrench shipp goeing from Pettiguavos to Old ffrance, and that the said Master bought the said sloop and Cargoe of the ffrench and sent a Hostage for payment of the money being ffour hundred & tenn pounds sterling and there being several Quantitys of ffreight Goods on board the said sloop, the said Robert Elliott prays that a warrant .of Appointment may be directed to the said George Jaffrey and Samuel Penhallow Esqrs for the Appraising the said Sloop Tackle Apparell and ffurniture to her belonging as Alsoe her Cargoe.

I doe therefore hereby give unto you the said George Jaffrey and Samuell Penhallow, full power and Authority to value and Apprize the said Sloop with her Tackle, Apparell, and ffurniture to her be- longing, as alsoe her Cargoe, on Board of or on Shoare justly and ffairly, according to the best of your witts, skill and Cunning, Impar- tially without favour or Affection to any person and make Returne of your doings herein into the Secretaryes office for the said Province of New Hampshire, at or before the twenty ninth day of January next ensuing.

And hereof faile not. Given under my hand and the seale of this her Majesties Province at Portsm° the eighteenth day of December in the fourth yeare of Queen Anns Reigne that now is over England, & Annoque Dom. 1705 J. Dudley.

[Addressed] To Charles Story Esq" Secretary New Hampshire - J. Dudley, ffrank

[For description of the province seal see Vol. II. pp. 466-469. -ED.]

702

MISCELLANEOUS PROVINCIAL PAPERS.

[2-33]

[Captain Shadrach Walton's Petition, 1706.] -

To the Honble John Usher Esq' L' Governour & the Honble Councill now Sitting at New Castle in the province of Newhampshire in New England/

The humble Petition of Shadrach Walton Humbly Sheweth - That yor petitioner hath served her Majtie as Capt and Gunner of her Majties ffourt William and Mary att New Castle, from the Twenty first Day of November 1704: untill the Twenty fifth day of March 1706 being sixteen months, and four Days, and my wages according the Estab- lishmt amounts to Thirty Saven pounds and yor petition' humbly prayes that care may be taken and orders given for the payment of the same - And your petition' as in Duty bound shall ever pray

Shadrach Walton -

[2-34] [Letter from Governor Dudley, January, 1707, N. S.]

Boston, 31st January 1706.

Gentlemen, I am in great care for Colonel Hilton & the forces marcht with him, I hope they may be at Casco but I doubt whether they will be able to march further for want of Ice, & have therefore written to Colonel Hilton if the season Continue open to return. I desire you forthwith to Express the letter to Captain Moody by a sutable vessel, who may bring back any, sick or lame men not fit to march by land. I desire you will not delay sending the vessel with four or five men who will be sufficient.

I am Gentlemen your humble servt

J Dudley

[Superscribed] On her Majestys Service To M' Secretary Story to be communicated to the Gentlemen of her Majestys Council New Hampshire - J. Dudley -

[2-35] [Governor Dudley to Treasurer Penhallow, 1707, N. S.]

Sr There being so great a likelyhood that we may find the enemy on Kenebeck river I have directed Colonel Hilton with a Brigantine & two sloops & ten whaleboats to proceed from your river, & have ordered Chesley with thirty men for your Quota you must take care that provisions be accordingly provided for them & desire the Gentle.

703

MISCELLANEOUS PROVINCIAL PAPERS.

men of the Council to assist & encourage Colonel Hilton in the ser- vice. I am S' your humble servt

Boston, 13, febr 1706. J Dudley [Addressed] To the Honorable Samuel Penhallow Esq Treasurer ·of her Majestys province of New Hampshire

[2-37] [Robert Elliott's Deposition concerning Jamaica Expedition. ]

Province of

Portsmouth October 2Ist 1707 New Hampshire

Robert Ellott Esqr of her Majties Council that in the 1702 ; he was always present with Colonel Dudley her Majesties Governour of this province in Council and otherwise as Assistant as he could in her Majestys Service to help forward the Expedition to Jamaica of a foot Company under Capt Shadrach Walton who with his Company was by the Governour Armed and Cloathed, and a Sloop hired, Mannd and Vitualled to transport them to Jamaica and that when they were ready to Saile Capt Walton desired that he might have two or four great Gunns for the Sloop, the Governour being then Newly entred upon the Government discoursed the matter in Council, and acquainted the Gentlemen what he had done towards the Raiseing & transpor- tation of those men and that he could doe noe more. Whereupon he was advised at the Board, Colonel partridge being then Lieut Gover- nour and Captaine Hinks Capt of the ffort present alsoe that there was two Minions, four pounders, that lay at the ffort not belonging to her Majesties Artillery, but left there by the Late Governour or Col- lector being part of a Seizure brought into this Government for Con- traband Goods on Board and useless at the ffort, and it was Several times discoursed in Council and acceptable there that the Said two Minions here put on Board the Sloop for which the Master was to pay Twenty pounds as he remembers or the Gunn to be restored, but the Vesall was Sometime after taken and the Said Gunns lost, he very well Remembers that the Council were of opinion that the use ·of those Gunns was Necessary for the Queens Service as that time that Colonel partridge and Capt Hinkes were constantly at Council alwayes Consulting with the Governour and perticulerly in this mat- ter and he is now lately Informed that Colonel partridge Complaines of this as a Breach upon her Majestie interest which I verily believe noe man was more forward in this matter than himselfe.

Sworne in Council before the Judges of the Superiour Court 21st october 1707, Cha Story Secretary

704

MISCELLANEOUS PROVINCIAL PAPERS.

[2-39] [Relative to a Libel on Governor Dudley.]

Province of Newhamsh"

Portsmº Decbr 2ª 1707

Whereas ye grand Jury hath taken notice of a Scandalous libel, lately spread abroad in this Province in ye Nature of a letter, Sub- scribed by Robert Armstrong, printed in a paper late brought from England called ye observatur very much tending to ye defamation of his. Excellency ye Govr in his administration here. - and whereas we are well Informed that Robert Armstron ye Supposed author of the afore- said letter has been called for before her Majts Councell and Justs of the Superiour Court to answer for ye Same ; whose answer was, that he neither directly nor indirectly writ any Such letter, but that to his Knowlidge ye Articles concerning ye Governours Male administration in Said letter mentioned, are false, and that ye Said is a forgery Imposed on him.

The grand Jury therefore presents ye Said Paper or letter as a Scandalous libel and humbly leave itt to her Majts Justs now Sitting to doe therein what is proper to Vendicate his Excellency the Govr from Such a Villanous Columny, and prevent ye Like for the future

Morrice Hobbs, foreman and in behalf of ye Rest

province of Newhamshr

Att her Majts Court of Quarter Sessions held att Portsm° the 2d __ of Decembr 1707.

Whereas ye Grand Jury hath presented a Scandalous libel spread abroad this Province tending to the Defamation of his Excellency Col Joseph Dudley Esqr our Present Governour in his administrations within this Government and itt So appearing to us,

Ordered, that the Said Scandalous libel bee forthwith burnt in Some Publick Place, by ye common hangman or ether ye Sheriffs officer, and that Publick notice bee then given to forbid all persons within this Province from being concered in any evill practices of this Nature for ye future on penalty of being proceeded against wth utmost Sever- ity of Law ; and that ye Sheriff take care to See this order effectually preformed

Vera Copia # Curiam, Henry Peny Clar

Decbr 3d this day ye above order was fully Executed, and Said libel in ye Publick market Place burnt by ye comon hangman.

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[2-44]

[Captain Pearson's Receipt, 1708.]

Recd of Jeremiah Gilman Subsistance for three men twenty days, and six horses eight nights, and sixteen horses four nights Being in Her Majties Services Belonging to the Troop under my Command September ye 6: day 1708 At Exeter. John Peirson Capt

Allowed thirty shillings ١

[2-44] [Petition from Inhabitants of Greenland.]

To his Excellency Joseph Dudley Esq' Govern' & Command' in cheif in and over her Majesties Province of N : Hampr &c, & to the Honourable her Majesties Council now setting in Portsmo. the address and Petition of the Inhabitants of Greenland humbly sheweth - That whereas the Inhabitants of Portsmº : have discharged yor Peti- tioners from contributing to the maintenance of the Minister of the Town and have thereby kindly incouraged yor Petitioners to call a Minister to preach the Gospell amoungst themselves, and yet wanting power and authority to make any assessment to raise money for his support, and other necessary charges, humbly pray yor Excellency & their Honours to appoint a Committee for that end as to yo' Excel- lency and Honours shall seem most meet, so yor Petitioners shall always pray as in duty bound &c

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Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 57

Author: None Publication date: Publisher: Number of Pages: 860

Author: None
Publication date:
Publisher:
Number of Pages: 860