366. Mr. Hyde to the Council of Trade and Plantations.
Provost Marshal General of Jamaica, he prays the assistance of
the Board in the recovery of his dues from his deputies there.
Signed, Edward Hyde. Endorsed, Recd. Read June 1, 1704.
¾ p. [C.O. 137, 6. No. 49.]
367. Sir C. Hedges to the Council of Trade and Plantations.
H.M. desires your opinion which way a premium for encouraging
merchants to begin a trade for pitch, tarr etc., may be advanced
with the least burthen to the Publick, the raising of the duty on
the Suedes or other Forrainers being a dangerous experiment
at this time, when it is so difficult to gett any Navall Stores.
Signed, C. Hedges. Endorsed, Recd. Read. June 9, 1704. 1 p.
[C.O. 5, 863. No. 97; and 5, 911. p. 338.]
368. Governor Sir Wm. Mathew to the Council of Trade and
Plantations. I am proceeded thus far on my voyage and continue
it on to-morrow, no accident has hapened since wee left Sir
Cloudesly Shovell etc. Signed, Wil. Mathew. Endorsed, Recd.
Read Oct. 3, 1704. Holograph. 1 p. [C.O. 152, 5. No. 72;
and 153, 9. p. 41.]
369. Mr. Secretary Hedges to the Council of Trade and
Plantations. Enclosing abstract from letter from one come
lately from St. Malo, where he has observed that intelligencies
from letters taken upon H.M. subjects who are made prisoners
and brought from the West Indies may be of dangerous
consequence to H.M. Plantations. It is H.M. pleasure that you
should think of a remedy for that inconvenience, and what may
fitly be done to prevent letters from the West Indies from falling
into the enemies' hands. Signed, C. Hedges. Endorsed, Recd.
Read June 9. 1 p. Enclosed,
369. i. Abstract from letter referred to in preceding. ¾ p.
[C.O. 323, 5. Nos. 52, 52.i.; and 324, 8. pp. 451–453.]|
On board H.M.S. Dreadnought in Linhaven near Cape Henry.
370. Governor Nicholson to the Council of Trade and
Plantations. I have received enclosed letter from Mr. Moor etc.
[See May 23.] Inclosed is a list of the fleet, being those that
have received sailing Instructions from the Commodore, but I
believe there may be more, for some masters neglect to take
sailing orders. By the Commanders that are come down from
Maryland, I have an account that there are 8 or 9 of their ships
left behind. The Commanders are very much concerned that
the two men of war designed as an additional convoy are not
come in etc. Signed, Fr. Nicholson. Endorsed, Recd. 9, Read
23, Aug. 1704. 1 p. Enclosed,
370. i. List of ships under convoy from Virginia to England.
June 1, 1704. Totals, Ships, 127, Burthen, 21,797
(tons), guns 938, men 1985. 2 large pp.|
370. ii. Line of Battle of above fleet. Endorsed, Recd. Aug.
9, 1704. 1 p.|
370. iii. Sailing Instructions of above fleet. Same endorsement.
370. iv. Another copy of No. ii with slight variations. [C.O. 5,
1314. Nos. 22, 22.i-iv; and (without enclosures) 5, 1361.
371. Dr. Blair to the Council of Trade and Plantations.
In compliance with your Lordships' directions I give some instances
of those things which were more generally charged against
Governor Nicholson. (1) Acting without advice of Council in
matters of the greatest moment. I find 3 Naval Officers
nominated by him since I came last upon the Council, all without
advice of Council, Hancock Custis, Gawin Corbin and Major
Arthur Allen; Capt. Nath. Harrison being removed to make
way for the latter, without fault alledg'd or advice of Council.
Refers to warrants said in the Council Book to be signed by the
Governor in Council, but they were not read to the Council.
Examples of Justices of Peace, Sheriffs, Militia Officers etc.
turned out by the Governor without advice of Council were Col.
Nasworthy, Dr. Luke Havill, Major Thomas Swan, and Capt.
Henry Jenkins of the Court of Nanzemond; John Walker, Sherriff
of King and Queen County, and Daniel Sullivan, John Taylor
and Robert Beverley, Clerks. That the practice was otherwise
formerly may be seen by the Minutes of Council. Examples of
nomination of Agents for the Country paid out of the Revenue
without advice of Council are, Mr. Thrale, and Mr. Wright. Many
Proclamations, for instance one concerning land on Pamunkey
Neck, were published without advice of Council. The Governor
also countermanded on his own authority an order by himself
and Council throwing open the Blackwater land.
(2) Instances given of the Governor signing papers in Council
without having communicated them. (5) Altering the minutes
etc. e.g. May 9, 1699, concerning a proclamation about the
Blackwater lands, quite contrary to the unanimous opinion of
the Council. No notice is taken that the Council refused Mr.
Thrale for Agent. Mr. Wallace's answer, which he gave in
writing, is not there set down, but another very different from it.
My Lord Cornbury's receipt for the 900l. bills is ordered to be put
upon the Council Book, but nowhere appears; if it had, it would
have been seen that my Lord Cornbury was not to make use of
them, unless the Queen should first allow the Governor the money
out of the Quitrents of Virginia etc. (6) His encroaching on the
liberties of the Upper House of Assembly, is instanced by his
continually presiding in that House, by sending answers of his
own to the messages of the Burgesses to the Council; and browbeating and threatening members with ruin and cutting of their
throats, if they vote not as he would have them; e.g. Col.
Lightfoot, not to mention the Speaker and six or seven clerks
in 1700. (7) Obstructing the course of Law. Instance the
case of John Danzy. He grossly abused him, upbraiding him
with his country, for he was a German naturalized, and threw
out his business in passion without asking any advice of the rest
of the Court. Case of Capt. James Bray. The Governor pleaded
against him from the Bench, and flew into great heats and passions.
In case between Swan and Wilson, he did so grossly abuse Benj.
Harrison, Counsel for Swan, that everybody cried shame of it etc.
(8) The Sherriff to whom orders was given about packing a Grand
Jury was Henry Tyler; one of the persons struck out was John
Walker; the fine I mention to have been remitted was to Major
Waller. The Naval Officer's place was given to Major Allen
Foreman taken from Capt. Nath. Harrison. (9) Instances of
arbitrary commands to attend him: Mr. Wallace, and Major
Swan; Col. Ludwell and myself have been very often sent for
only to be scolded at and abused. (10) Calling Courts to enquire
into the lives of such men as he intends to expose or ruin, when
there is no accusation or accuser. Instances: a Court called at
Kiquotan against Capt. Moody and Mr. Wallace, and another at
Nanzemond against Major Swan, a third at King and Queen
against Capt. Walker. (11) Arbitrary and illegal proceedings
with relation to H.M. Attorneys. The ordinary Attorney who
refused his commands as illegal was Mr. Benj. Harrison; the
Attorney that undertook them was Samuel Selden; the Attorney
whom the Governor took by the collar was Bartholomew Fowler.
(12) Instances of his committing men to custody in his rage
without any complaint or complainant; Capt. George Marable,
whom he committed to the custody of the Sherriff of
James City, made him give 500l. bail to answer it at the
next General Court, because he refused to part with his lease;
Mr. Mathews and Mr. Mackie, whom he emprisoned among
pyrats in the Common Gaol, because they had been on board
of Capt. Baylyff's ship, who sailed for England before the
rest of the ships, who carryed ye Governor's acct. of the
taking a pirate in that country. (13) Sundry cases of detaining
and opening private letters. (15) Dispensing with the Law.
He pardoned Anne Tandy, condemned for the murther of a
bastard child, etc. Signed, James Blair.Endorsed, Recd. Read
June 7, 1704. 5 large pp. double columns. [C.O. 5, 1314.
372. Affidavit of Robert Beverley. Gives particular instances,
partly as preceding, in support of his affidavit concerning the
maladministration of Governor Nicholson. Signed, R. Beverley.
3 pp. [C.O. 5. 1314. No. 24.]
373. Abstract of letters from Mr. Jackson, Minister at Newfoundland, showing the uncertainty of his salary and suggesting
how it may be better paid. Endorsed, Communicated to the
Board by the Bishop of London. Recd. Read June 7, 1704.
2 pp. [C.O. 194, 3. No. 23.]
374. Copy of proceedings of the Governor and Council of
the Massachusetts Bay upon a petition relating to the Act for the
settlement and support of Ministers, and an account of the
distraining for a town rate therefor upon William Vesey etc.
[See Minutes of Council of the Massachusetts Bay Oct. 21st, 28th,
1703.] Endorsed, Communicated to the Board by the Bp. of
London. 4 pp. [C.O. 5, 863. No. 100.]
375. A. Skene to W. Popple. Encloses duplicates and
Naval Officers' Accts. I have not heard anything from Mr.
Holder of the paper, of which I am in great want etc. Signed,
A. Skene. Endorsed, Recd. Read Nov. 13, 1704. Addressed.
Postmark. 1 p. [C.O. 28, 7. No. 34; and 29, 9. p. 86.]
376. W. Popple to J. Burchett. Mr. Jackson, the Minister
at Newfoundland, having complained of the treatment he had
met with from the former officers and soldiers, and even from
some of the inhabitants there, the Council of Trade and Plantations
desire you to move H.R.H. Council that the Commodore may
have an Instruction that he give all encouragement to the said
Minister, and that he give directions to the officers, soldiers
and inhabitants to live amicably with him, that he be not abused
as formerly he has been. Enquires when the Newfoundland
convoy and Virginia guardship will sail. [C.O. 195, 3. p. 331.]
377. Mr. Thurston to Mr. Popple. The convoy for Newfoundland is expected in the Downs to-day, and to proceed on her
voyage. If this be the case I fear no money will be remitted this
year, though ordered last Tuesday by the Lord High Treasurer etc.
The provisions and cloaths are on board, and the money in lieu of
malt and hops ready to be sent. Signed, J. Thurston. Endorsed,
Recd. Read June 9, 1704. Addressed. 1 p. [C.O. 194, 3.
No. 24; and 195, 3. p. 333.]
378. Josiah Burchett to William Popple. In answer to
preceding, H.R.H. will give orders to the Commander in Cheif
of H.M. ships at Newfoundland, to give encouragement to Mr.
Jackson the Minister there, according as is desired in your said
letter, which orders will be sent by the Coventry now in the Downes,
she being under orders to sayle from thence to Newfound Land
and to call at the Westerne Ports as she gose out of the Channell,
if there be any ships there bound her way. The Strombolo is
fitting out at Deptford in order to proceed to Virginia, but 'tis
uncertaine yet when she wilbe ready. Signed, J. Burchett.
Endorsed, Recd. Read June 12, 1704. Addressed, 1 p. [C.O.
194, 3. No. 25; and 195, 3. p. 332.]
379. Mr. Byerley's Journal of transactions relating to the
seizure of the Eagle galley, not taken notice of in the Acts of the
Court of Admiralty, New York. On March 22 I made a seizure
of the Eagle galley, Capt. John Davison, Commander, and had
H.E.'s approval, it appearing that there was no proof that great
part of Europian goods imported were shipped in England; that
divers other Europian goods were not directly brought from
England hither but were shipped from the Madera Islands;
that several pipes of Canary wines, Europian produce, were imported in breach of the Act of 15 Charles II; that the ship was
navigated with 42 sailors though but 30 reported, 10 whereof
were Scotch non-residents in England, 7 Dutch and 1 Spaniard,
in the whole 18 forreiners, whereas there ought to be by all the
Laws of Trade at least three fourths of the mariners English;
her master could not produce any certificate to prove that the
ship was registered in England or elsewhere, and had not given
in a true invoice of her loading to the Naval Officer, but had
concealed divers French and Europian goods to the value of
about 700l. On the 24th, having intelligence that Col. Wenham,
one of H.M. Council, and the merchant to whom the galley and
her cargo was consigned, designed to petition H.E. in Council
concerning the said seizure, I waited on H.E. with some proposals
in case security should be offered for the ship and cargo;—that
Col. Wenham should give very good security besides his own
for the goods, that he keep a true account of the goods imported,
sell them to the best advantage, account for them upon oath if
required, pay the money arising thereby to the Collector, if the
ship and goods be condemned, and that if he desired to proceed
on any voyage, with the ship, that a true value be put on her and
her rigging, and another obligation be given for the same if
condemned. I offered to attend in Council, but H.E. said he
only intended to hear what Col. Wenham had to offer, but would
give no directions till he had discourst me about itt. Betwixt
2 and 3 o'clock Col. Wenham brought me an order in my Lord's
own hand to take the seizure off all the goods, except the Canary
wines and the ship, for which Col. Wenham must give security.
I waited on H.E. to offer my reasons why the seizure ought not
to be taken off, seeing that the master had violated most of the
Acts of Trade. H.E. told me that he was the only judge of
that, that he understood the Laws of Trade as well as any Lawyer
in the Province; that he was my Governor, his orders were
positive, and if I disobeyed them, itt should be att my perill etc.
I accordingly obeyed. March 27. Having had further
intelligence of several particular breaches, I put in an Information
into the Court of Admiralty and presented a memorial to H.E.
He asked to see my Instructions, and said they consisted generly
of the Laws of Trade and that he understood them as well as
anybody. I told him I could not see how to avoid trying the
ship in the Court of Admiralty. He answered that he being
Governor would not permit any Court to sit but when he appointed
itt. I told him that having put in an information against the
ship and goods I was become accountable for them to the Queen,
soe I thought it my obligation to make a second seisure. He
told me that if I did, he would order it to be taken off. March 29.
I went with my officers to Col. Wenham's and made a second seisure
on all the goods imported in the Eagle galley, and sent for Carts
to remove them to the Custom house; but H.E. summoned
me to attend him at the Fort, and whilst I was gone Col. Wenham
turned my officers out of his house. I found my Lord in very
great heat against me, and told me he would acquaint the Queen
that I refused to obey his orders, and sent me an order in writing
by Col. Wenham to take off the seisure. I answered that I could
not comply, unless Col. Wenham gave in security for all the goods,
that if condemned, he would be accountable for their produce.
March 29. Col. Wenham showed me H.E. order.to Capt. Tottle,
Mr. Anderson, Capt. Corbett and Capt. Lurting to make a
valuation of the Canary wines, the Eagle and her tackle. April 3.
I waited on Roger Mompesson, Judge of the Admiralty Court,
arrived from Philadelphia, to know when he would hold a Court.
He answered he would consult my Lord. April 6. I had notice
that an advertisement was put up in the public Coffee-house
that several sorts of Europian goods imported in the Eagle were
to be sold at publick vandue. April 8. The Judge appointed
to hold a Court of Admiralty in the City Hall at 4 p.m., when
Counsel argued, and at last the Court admitted Sir Jeffery Jefferys
Deft. Col. Thomas Wenham stipulated in 30l. to pay what costs
the Court should award. April 14. The Court upon affidavit made
by Capt. John Davison that they had several material evidences
in England to make their defence, desired time to produce them,
upon which the Court allowed them 12 months' time, giving
in sufficient security for the Canary wines, ship, guns and tackle,
and appointed Capt. Tottle and Mr. Anderson to appraise the
same. I waited on H.E. and informed him that the Europian
dry goods were still unadjudged, and desired that there might
be sufficient security given in for them, if they should be
condemned. He told me he had adjudged them himself and
taken the security he thought fit. I represented that by the
several Acts of Parliament I was invested with a third part of
the forfeiture, if the ship should be condemned, and that no
security appeared to me for my part; he told me it was sufficient
he had told me had taken security, that he did not think it
convenient to let me know what it was, or how it was, that I
had opposed his orders and carried the matter as far as I could,
but I should know he was my Governor. In the afternoon the
Court sat and agreed on the form of the Bond, which Col. Wenham
and Col. Peter Schuyler signed.April 15. Then we moved
for a Commission to examine witnesses on interrogatories, which
was allowed us by the Court to Mathew Ling and Capt. Cholwell,
Commissioners, and John Tuder Examiner. April 19. Mr. Tuder,
Register of the Admiralty Court, brought me the record of the
proceedings in this tryall, in the latter part of which the Judge
orders the seizure to be taken off the Canary wines, ship etc.,
so I sent my officers on board to take off the seizure, and search
the ship if any goods remained on board, where they found a
trunk with French lustrings and allamods, which were not
mentioned in the report gave into ye Navall Officer by ye Master,
tho' inserted in the entry Col. Wenham made in the Custom
House, valued in 362l. 3s. 5d., and a bale of strouds which had
been opened on board, which according to my order they brought
to the Custom House. I acquainted H.E. therewith; he told
me that the Council was to sit that day (April 20), and when
they were up he would consult Mr. Attorney General. April 21.
H.E. told me those were prize goods taken from the enemy and
brought into England by Capt. Richard Eaton, and sold at a public
sale in the Custom House, and there was a certificate of it from
the Collector in London, so ordered me to deliver up all the goods
I had in my possession, which I did. April 25. I went to the
Register of the Court of Admiralty for the Commission granted
by the Court to examine witnesses. He told me H.E. was not
satisfied that the Judge. of the Admiralty had any power to depute
any person to administer an oath, or any other person in the
Province but himself, and that he would think of it before he
would grant it should be sealed. April 28. I went to ye Register
again for the Commission, and he told me had represented to
H.E. that the witnesses I had to examine were most of them
seafaring men, and might be gon out of the Province, if it was
not despatcht speedily, that his Lordship should answer he cared
not if they did goe, and since he was soe prest to it, he would
consider whether he would doe it, or noe. May 10. I again
required the Commission of the Register, and he told me that
H.E. would not permit it should be sealed. He always keeps
the Seal of the Admiralty in his possession, soe nothing can be
done without his free consent. Signed, Thom. Byerley. 10¾ pp.
379. i. Proceedings at a Court of Admiralty, New York,
April 8th, in the case of the Eagle [see preceding]. 9 pp.
[C.O. 5, 1084. Nos. 22, 22.i.]|
380. Lt. Governor Bennett to the Council of Trade and
Plantations. Repeats part of letter of April 20. I again transmit
the old Liquor Act with the Assembly's Depositions relating
thereunto. I have not received any letters since those of July 28,
and if any commands have been sent via Barbados, they are still
there, for we have not had one vessell that came directly from
thence above these six months, which is the reason my letters
have not been sent. I am told Capt. Nelson has or will complain
of my denying him writts of error, and about writts of scire facias,
(and to ease your Lordships from being troubled with what may
not happen) I have sent my brother a full state of both cases,
with copies of the writts, who will readily attend your Lordships
when sent for. Jan. 11 and Aprill 20, I transmitted copys of the
tryals of Capt. Pulleyn's men. I again enclose copys of the
condemnation and sale of the St. Lawrence the Victorious, which
I have likewise transmitted to the Admiralty. Having received
an account that the dispute is over relating to the pretentions
of the Wreck Patentees to the French ship that was cast away
on the sholes of these Islands, I intended to send your Lordships
an account of every peice of rigging that was saved, and what
quantity of logwood was taken up by Divers, But expecting
my Secretary's arrival every day from England, I thought it
convenient to delay it, he taking an account of what was brought
on shoar, therefore can best swear to the Inventory. Herewith
are also transmitted what Acts have been made by the present
Assembly with their Journals, and copys are preparing of the
Journals of former Assemblys. By the Master of a vessell that
came from Exuma, I have an account that the Granville, Capt.
Holden Commander, was on May 4 rakeing salt there, and a
French privateer sloop came into the Road under English colours,
the ship fired at her and brought her too, but immediatly she
fill'd her sailes again, and hoisting English colours stood for
the ship, and upon boarding (after some small resistance) took
her. The ship had 16 guns and 50 men, the privateer had but
4 guns and 60 men: this ship was fitted out from England in
order to look for wrecks about the Bahama Islands, but being
disappointed in that project, went to Exuma to take in salt,
thereby to make a saving voyage. Not knowing att present
what further to acquaint your Lordships of, and the Captain of
the ship that brings this pressing for liberty to sail, I was goeing
to make up my pacquet, when a sloop arriv'd from Barbados
and brought me yours of Nov. 25, every particular in which I
will answer (and hope to satisfaction) by the pacquet-boat via
Barbados, but with great concerne I can't omitt observing I still
suffer in your Lordships' opinions. In it was enclosed H.M.
Order of Councill relating to H.M. the Lord High Admirall's
and the Captors' shares of prizes, in obedience to which I have
(as I did Aprill 20) transmitted an account of the vessell taken by
Capt. Ball, etc. Signed, Ben. Bennett. Endorsed, Recd. Read
July 18, 1704. Holograph. 3 pp. Enclosed,
380. i. Copy of the condemnation of the French prize, the
St. Lawrence the Victorious, Bermuda, Dec. 28, 1703.
Endorsed as preceding. 2½ pp. [C.O. 37, 6. Nos. 17,
17.i.; and (without enclosure) 38, 6. pp. 48–53.]|
381. Memorandum of Letter from Mr. Sansom about duties
on pitch and tarr etc. ¼ p. [C.O. 323, 5. No. 57.]