1001. Lt. Governor Bennett to [? Sir Charles Hedges].
Repeats parts of letters of March 31 and April 4, relating to
Edward Jones. Signed, Ben. Bennett. Holograph. 2 pp.
1001. i. Abstract of papers relating to Capt. Jones transmitted
to the Secretary's Office [see March 31 and Apr. 4].
5 pp. [C.O. 37, 26. Nos. 11, 12.]|
1002. Lt. Governor Bennett to the Council of Trade and
Plantations. I presume with this Mr. Noden lays before your
Lordships several papers relating to Capt. Jones [see Dec. 28].
I hope I shall not be adjudged a promoter of his prosecution
by transmitting them, which I could not reasonally avoyd, the
Assembly addressing me soe to doe. Signed, Ben. Bennett.
Recd. Nov. 28, 1705, Read Feb. 4, 1705/6. Holograph. 1 p.
[C.O. 37, 7. No. 12; and 38, 6. p. 146.]
1003. Sir John Colleton to the Council of Trade and
Plantations. Since H.M. Order to the Governor of Barbados
to appoint some disinterested person to try his case, James
Colleton still prevents the trial by unjust delays, and to that
end now endeavours to get himself appointed one of the Council
of that Island. Prays that H.M. Order may be observed, etc.
Endorsed, Recd. Read April 2, 1705. 1 p. [C.O. 28, 7.
1004. Mr. Secretary Hedges to the Council of Trade and
Plantations. I am to signify H.M. pleasure that you prepare
a draught of a Commission and Instructions for Col. Edward
Nott to be Governor of Virginia, to be laid before H.M. Signed,
Ch. Hedges. Endorsed, Recd. Read April 2, 1705. ¾ p.
[C.O. 5, 1314. No. 46; and 5, 1361. p. 69.]
1005. Council of Trade and Plantations to Mr. Secretary
Hedges. In answer to yours of March 28, we propose that a letter
(the draught whereof is here enclosed, see April 20), be sent
by yourself or us to the several Governors for the exempting
those pacquet boats from the powder duty. But as for other
duties for goods to be landed by them, we are of opinion that the
said pacquet-boats should be equally liable as other trading
vessels. [C.O. 324, 9. pp. 86, 87.]
1006. Copy of Minutes of Council of Jamaica, April 2, relating
to exchange of prisoners. 2¼ pp. [C.O. 137, 45. Nos. 63; and
1007. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose draft of Circular Letter to Governors on
the Continent of America, relating to Naval Stores [see April 20].
[C.O. 324, 9. pp. 88–90.]
1008. Council of Trade and Plantations to Mr. Secretary
Harley. Recommend that Mr. Bridger be appointed Surveyor
General of the Woods [see March 29]. [C.O. 324, 9. pp. 90, 91.]
1009. Lt. Governor Bennett to Mr. Popple. Repeats part of
letter of March 31. Capt. Jones will not have the patience to
stay their Lordships' directions as to the proffits of his Offices
during his suspension, for he has commenced an action against
one of the tenants and also against the Marshal I made so since
he was suspended. Acknowledges letter of Nov. 30, received
yesterday. I am concerned their Lordps. think me negligent, for I
am continually a writeing and never doe miss any oppertunity
of sending etc. Enumerates letters sent. Signed, B. Bennett.
Endorsed, Recd. 6th, Read Aug. 10th, 1705. Holograph.
3½ pp. Enclosed,
1009. i. Copy of Proceedings relating to Edward Jones since his
arrival in Bermuda. Endorsed, Recd. Aug. 6, 1705.
1009. ii. Mr. Charles Minors' Record of Mr. Jones' proceedings
since his arrival, and of the papers delivered to him.
Endorsed as preceding. 3½ pp.|
1009. iii. Council of Bermuda to Lt. Gov. Bennet. As it is
your Excellency's opinion that Capt. Jones has a right,
by virtue of H.M. late grant, to act as Clerk of the Council, so wee humbly conceive wee cannot enjoy the usual
freedom in Council in the presence of our professed enemy,
especially when the Minutes are to be made by him,
etc. Pray H.E. to appoint some other person to officiate
as Clerk of the Council and of Chancery till H.M. pleasure
be known, or else to be excused appearing in Council
or Court. Signed, Richard Peniston, Cha. Walker,
Anthony White, Thomas Harford, Mich. Burrows,
St. George Tucker, Benjamin Hinson, Patrick Downing,
Sam. Spofferth. March 10, 1705. Endorsed as preceding.
1009. iv. Report of a Committee of the Council of Bermuda
appointed by Lt. Gov. Bennett to enquire into the
claim of Capt. Jones, as Secretary, to sit and act in
Council as Clerk of the same and of the Courts of
Chancery, Feb. 27, 1704/5. Although the Secretary,
may sit and act in Council as Clerk in all public matters,
yet in all private matters and causes a select Clerk
ought to be appointed by the Judges. Capt. Jones
cannot nor ought to be Clerk of any Court of Judicature
in these Islands, and especially as his patent appoints
him to be Provost Marshal, etc. Signed, Richard
Peniston, Cha. Walker, Anthony White, Thomas
Harford, Benj. Hinson, Patrick Downing, St. George
Tucker, Mich. Burrows. 1 large p. [C.O. 37, 7.
Nos. 10, 10.i.–iii; and (without enclosures) 38, 6. pp. 135–140; and (enclosures only) 37, 26. Nos. 7–10.]|
1010. Mr. Cox and others to the Council of Trade and
Plantations. Lord Cornbury's report, Nov. 4, 1704, relating
to the Quakers in West Jersey, seems to be just, reasonable and
well grounded. His objections (Jan. 14) to the qualifications of the
Electorate etc. are true and unanswerable. Pray for an alteration
accordingly, etc., etc. Offer an alternative Bill. Ed. Hunlocke and
Sam. Leonard, being dead, pray that the vacancies in the Council
be filled, "which would be the more necessary if your Lordships
shall think fitt to represent to H.M. that the Quakers may be excluded from the Council, the Assembly and all other places of
publick trust." Signed, Dan. Coxe, jr., Peter Sonmans, Wm.
Dockwra. Endorsed, Recd. Read April 5, 1705. 1 large p. [C.O.
5, 970. No. 26.]
1011. Council of Trade and Plantations to the Queen.
1011. i. Commission for Col. Edward Nott to be Lieut. and
Governor General of Virginia. (April 25, 1705).
Similar to Commission of Governor Codrington abstracted
C.S.P. 1699. No. 382. q.v. Add:—Three Councillors
to be a quorum. The Governor to make up their
number to 9, if ever there shall happen to be less. With
the advice and consent of the Council, he is to summon
Assemblies, who are to take the oaths appointed. With
advice and consent of Council and Assembly to make
Laws, which are to be agreable to the Laws of England,
etc. To constitute Judges, Justices, Sheriffs, etc.,
and to administer or cause to be administered unto
them such oath and oaths as are usually given for
the due execution and performance of offices and places,
and for the clearing of truth in judicial causes. Power
to build and fortify forts and towns, etc. Upon his
death or absence, if there be no Commander in Chief,
the Council to take the administration of the Government, and the first Councillor to preside. Upon
publication of this, Col. Nicholson's Commission to
cease. [C.O. 5, 1361. pp. 80–104.]|
1012. Order of Queen in Council. Mr. Secretary Hedges to
prepare a warrant for H.M. signature for passing Col. Nott's
Commission, as preceding. Signed, Chris. Musgrave. Endorsed,
Recd. Read May 2, 1705. ¾ p. [C.O. 5, 1314. No. 48; and 5,
1361. p. 200.]
1013. Council of Trade and Plantations to the Queen. We
are humbly of opinion that the appointing of proper places for
lading and unlading ships [see March 29] is necessary for carrying
on a fair and regular trade, the power of appointing whereof
is vested in your Majesty. Such appointment will be particularly
useful in Virginia, by reason of the great rivers and the scattered
habitations of the Planters. As the appointing of such places
has been a matter of much time and difficulty [see C.S.P. 1674–1692], so great care ought to be taken that the Planters as well
as Merchants may be satisfied therein, lest it should discourage
the inhabitants and induce them to remove to other less usefull
Plantations. We therefore offer that your Majesty would give
an Instruction to your Governor now going thither to lay this
whole affair immediately upon his arrival before the Council
with the papers we shall furnish him with, and with the Order
for suspending a Law past in Virginia in this behalf, and that
thereupon the whole matter be recommended to the General
Assembly of Virginia, who may advise with the officers of your
Majesty's Customes in those parts and frame a law to be presented
to your Majesty, which may take in as much as possible the
severall interests of your Majesty's subjects there and merchants
here; and that in the said Law the term of two years may be
allowed from the passing thereof for the building of towns and
warehouses and for the setting out and appointing Keys and
Wharfs for the loading and unloading of goods exclusive of any
other, which number of towns ought not to exceed three at the
most on each of the four great Rivers and two on the Eastern
Shore, and that like directions may be given to the Governor of
Maryland, that the trade of both Provinces may be carried on by the
same methods as equally advantagious to your Majesty's service
in those parts. [C.O. 5, 1361. pp. 104–107.]
1014. Order of Queen in Council. Approving preceding.
Instructions to be prepared for H.M. signature as proposed.
Signed, Chris. Musgrave. Endorsed, Recd. Read April 11,
1705. 1 p. [C.O. 5, 1314. No. 47; and 5, 1361. pp. 109, 110.]
1015. Sir Tho. Frankland to [? the Council of Trade and
Plantations]. H.M. having ordered that the complaints against
Governor Nicholson be transmitted to him that he might have
an opportunity of justifying himself, and meantime having
appointed Major Nott to succeed him, prays a letter from H.M.
that this is not out of any regard to the complaints against him,
nor out of any dissatisfaction to his administration, but that
he doth stand fair in H.M. favour for any other post of trust.
Endorsed, Recd. Read April 5, 1705. 1 p. [C.O. 5, 1314.
No. 50; and 5, 1361. p. 108.]
1016. List of the places the merchants conceive proper to be
established as Ports in Virginia. James River, for the Upper
part, Flower de Hundred; Lower, Nanzimond. York River,
Upper part, West Point, Lower, Tindall's Point. Williamsburgh
for James and York River. Rappahanock River, Upper part,
Hobb's Hole; Lower, Corotoman. Potomack, Upper, the Mouth
of Aquia, Lower, Yeocomoco. Eastern Shore, Upper,—; Lower,
King's Creek. Signed, Micajah Perry, E. Jenings and 20 others.
Endorsed, Recd. Read April 5, 1705. 1 p. [C.O. 5, 1314.
1017. Governor Dudley to Mr. Popple. Since the forces
from this place did the spoyle last summer in L'Accadie and
the remove of the people from all parts to Port Royall, six of that
garrison upon pretence of great hardships from Mr. Brouillan,
their Governor, have deserted and brought away a sloop loaden with
grayn, worth about 100l., which happened but two dayes since.
I shall direct the vessel and grain to be condemned and the whole
then is belonging to H.M., if it might consist with their Lordships'
judgment and I might have leave to give it to the deserters, or
any part of it, and if it were once known as I can easily make it to
be amongst the soldiers at Port Royal, I may chance to see a
good part of that garrison desert in a short time, and make
the taking of that place more easy, etc. Signed, J. Dudley.
Endorsed, Recd. Sept. 1, Read Dec. 17, 1705. Holograph. 1½ pp.
[C.O. 5, 863. No. 134; and 5, 912. pp. 27, 28.]
1018. Governor Sir B. Granville to the Council of Trade and
Plantations. By this mail from England I have not any letters
from your Lordships, the last I received was dated Nov. 30.
Encloses all the Acts in force to July 13, 1704, and two lately
passed; also the Minutes of Council and Assembly. I have
here very strictly pursued H.M. Proclamation about regulateing the
coyn, but it is not soe observed either at the Leeward Islands
or on the Continent, wch. makes this Collony labour under
great disadvantages, the smaller peices goe still there as formerly
and the greater as crowns and halfe crowns only by weight, and
that not regularly, the small money will be all transported from
hence if your Lordshipps are not pleased to take this matter
into your consideration. The sloop Anne, one of the vessels
fitted out by this Island, brought in here the 1st of this month a
small French privateer of 4 guns and 50 men, wch. she took in
this latitude. Four of H.M. subjects were taken on board this
privateer in arms, and I am informed many more are on board
severall other of the French privateers. Signed, Bevill Granville.
Endorsed, Recd. 6th, Read Aug. 10th, 1705. 1½ pp. [C.O. 28, 9.
No. 2; and 29, 9. pp. 361–363.]