|
April 3.
Whitehall. |
233. W. Popple, jr., to William Lowndes. Desires him
to remind the Lord High Treasurer of the Representation of the
Council of Trade and Plantations (Nov. 23) relating to foreign
coin. [C.O. 324, 8. p. 406.] |
April 4.
Whitehall. |
234. Council of Trade and Plantations to the Queen. Having
discoursed with several merchants concerned in the Plantations
in reference to the importation of Naval Stores from hence,
and having not found any with whom so advantageous a contract
may be made as with Thomas Byfeild and others, who at present
trade as a Company with a joint stock to the Continent of America,
they offering personal security for the importation of 1,800
barrills of pitch and tar in 2 years, and to continue a yearly
increase of that quantity, provided your Majesty grant them a
a Charter, not excluding any others from trading in those commodities, which being the best method we have hitherto been
able to find out for this so necessary a service, we humbly offer
to your Majesty that a Charter be granted to them, and that
your Majesty be pleased to refer the annexed draught of a Charter
for that purpose to your Majesty's Attorney General for his
report thereon in the point of Law. Annexed, |
|
234.i. Draft of Charter referred to in preceding. [C.O. 5,
1291. pp. 1–29.] |
April 4.
Whitehall. |
235. Council of Trade and Plantations to the Queen. We
have heard Edward Jones upon his petition [Cf. Nov. 18 and Jan. 24
etc.], and humbly observe that the charges against him are not
sufficiently proved, but that Jones may on one side have behaved
himself with too much warmth and indiscretion in the discharge of
his employment of Provost Marshall, and that on the other hand
he might have found great provocation from the stubborness
and ill temper of those persons with whom he had to do in his
employment, and having made due submission to the Governor
for some reflecting expressions relating to him, we humbly offer
to your Majesty that his suspension be taken off and the fines
imposed on him remitted, and that your Majesty's pleasure be
signified to Capt. Bennet accordingly. [C.O. 38, 5. pp. 468,
469.] |
April 4.
Whitehall. |
236. Council of Trade and Plantations to the Board of
Ordnance. Enclose extract of letter from Governor Sir B.
Granville recommending Capt. Hayes. [C.O. 29, 8. p. 425.] |
| April 4. |
237. Office of Ordnance to the Council of Trade and
Plantations. We have considered the above proposal made by
Governor Sir B. Granville, and cannot approve of appointing
Capt. Hays, whom he recommends to be Engineer there, having
no knowledg of the man nor of his abilities, nor has he ever been
employed by this office. But it being H.M. pleasure that another
able Engineer should be sent to Barbados in the place of
Capt. Sherrard, and there being two Engineers from this Office
at Jamaica, where we are of opinion that one will be sufficient
for H.M. service at present, we propose that the other have
orders to goe from thence to Barbados, which wee forbear to
give untill we know whither your Lordships have any objection
to it. Signed, Granville, Wm. Bridges, Ja. Lowther, J. Craggs,
C. Musgrave. Endorsed, Recd. Read April 7, 1704. Autograph.
1 p. [C.O. 28, 7. No. 29; and 29, 8. p. 426.] |
April 4.
Councill Office. |
238. John Povey to W. Popple. The Lords of the Committee of the Privy Council having appointed to meet on the
6th to hear Commodore Walker in answer to a complaint from
the Governor of the Leeward Islands, desire the papers in your
office which may serve for their information. Signed, John
Povey. Endorsed, Recd. Read April 5, 1704. 1 p. [C.O. 152, 5.
No. 65; and 153, 8. p. 265.] |
April 5.
Whitehall. |
239. W. Popple, jr., to Mr. Povey. In reply to preceding
encloses Col. Codrington's letter Aug. 8, 1703. He promised by
the last pacquet to send by a ship that was to sail in 8 days a
a full account of all things concerning his Government, in which
there may be some account of the expedition to Guardaloupa.
[C.O. 153, 8. p. 266.] |
| April 5. |
240. Attorney General to the Council of Trade and
Plantations. I have considered the Acts of Nevis, Oct., 1703,
concerning the billeting of soldiers, and for the better securing
the titles of land, which I conceive are agreeable to Law and
Justice and doe not containe anything prejudiciall to H.M. Royal
prerogative. Signed, Edw. Northey. Endorsed, Recd. April 5,
Read May 8, 1704. ¾ p. [C.O. 152, 5. No. 66; and 153, 8.
p. 287.] |
| April 5. |
241. Mr. Jenings to the Council of Trade and Plantations.
I believe there is annually made in Virginia near 3,000 barrells
of tar in Princess Anne County, which contains 97,891 acres of
patented land, and part of Norfolk County about 50,000 acres of
low pine land, not agreable for tobacco, and the small quantity
there made is of the worst esteem, and so little value that discourages the inhabitants to plant, and forces them to endeavour
to cloath and maintain themselves by manufacturing of wooll
and leather, and raising stocks of cattle and hoggs. What tarr
now made, is of the knots and peices of fallen trees, if there were
a certain vent, 'tis probable treble the quantity would bee made
out of growing trees in those countyes and 'twould be much better
in the kind, and for all uses, and also would be made in other
parts of the country not proper for planting tobacco. Tarr is
generally sold from 10 to 12s., pitch double that rate per barrell
for goods, sometimes money, the barrell by the law to containe
at least 30 gallons; some is made use of by the inhabitants for
their houses, boats, etc., part disposed of to the Masters of ships
for their use, and part transported to Barbados, Jamaica and
Leeward Islands. Freighting tarr for England hath not yet
bin used, but beleive the Masters may compute 14 barrells to a
Virginia tun, which in war is frequently £12, in peace £6
per ton. For the incouragement of making tarr and pitch in
Virginia I presume may be by assuring as great a price at least
as for Sweedish tarr to them that shall first every year deliver
into H.M. store house —lasts of pitch and tarr for the service
of H.M. Navy, and after such a quantity is delivered as shall be
thought needfull for that service, for a general incouragement,
no custome be paid, and some small allowance be made for each
last that shall be brought into the kingdom from the Plantations.
That there be no restraint or contract because the uncertainty
of convoys and length of the voyage will make the same
impracticable, and discourage the undertaking, if every person
cannot have the hopes and liberty of serving H.M., or the
advantage of the market. That the same be made publick by
proclamation or otherwise. Signed, E. Jenings. Endorsed, Recd.
Read April 5, 1704. 2 pp. [C.O. 5, 1314. No. 4; and 5, 1360.
pp. 459–461.] |
April 6.
Whitehall. |
242. Council of Trade and Plantations to the Queen.
Recommend that Mr. Bridger be allowed 250l. per annum for
5 years. [See Acts of Privy Council, II. pp. 443, 444.] [C.O.
5, 911. pp. 237, 238.] |
| April 6. |
243. Some Proprietors of New Jersey to the Council of Trade
and Plantations. Whereas divers persons calling themselves
the Council of Proprietors residing in Jersey, have assum'd to
themselves a power of purchasing and taking up lands of the
Indians, in the West part of the Province, without the knowledge
or consent of the Proprietors in England, We humbly pray your
Lordships will give directions to the Governor that a stop may
be put to their proceedings, till it appears to be pursuant to the
Constitution settled and agreed to by the original Proprietors.
And we humbly offer to your Lordships the following persons,
viz., Col. Richard Townly, Miles Forster, Abraham Bickly and
Dr. John Johnston, to fill up the vacancies in the Council, who
are gentlemen that have considerable freeholds, and reside upon
the place. For our selves and divers other Proprietors residing
in England. Signed, Paul Docminique, John Bridges, Rob. Michel.
Endorsed, Recd. Read April 6, 1704. 1 p. [C.O. 5, 970.
No. 20; and 5, 994.A. pp. 145, 146.] |
April 7.
London. |
244. Edward Jones to the Council of Trade and Plantations.
Prays to be allowed the rents and profits of his place during his
suspension etc. Signed, Ed. Jones. Endorsed, Recd. Read
April 12, 1704. ¾ p. [C.O. 37, 6. No. 12.] |
| [April 7.] |
245. Report of the Solicitor General [Sir C. Hedges] upon
draught of Instructions for Privateers. Detailed Criticisms.
5¼ pp. Enclosed, |
|
245. i. Copy of draught of Instructions for Privateers (March 15,
170¾). Endorsed, Recd. Read April 7, 170¾. 3 pp.
[C.O. 323, 5. Nos. 44, 44.i.] |
| [April 8.] |
246. L. Compere, Receiver General of Jamaica, to the Queen.
Prays for the repeal of two Acts, Jamaica, Nov., 1703, for raising
an additional duty, and for raising a Revenue. Signed, Leonard
Compere. Subscribed, |
|
246. i. April 8, Whitehall. H.M. refers this petition to the
Council of Trade and Plantations for their report.
Signed, Nottingham. The whole endorsed, Recd. Read
April 12, 1704. 1 p. [C.O. 137, 6. Nos. 44, 44.i.] |
| [April 10.] |
247. Memorial concerning the maladministration of Governor
Nicholson. Dated May 20, 1703. Not to speak of the vast
number of instances of his injustice, oppression and insolence
to particular persons, which would require a large volume, we
shall limit our observations to his behaviour towards ourselves,
etc. (1) He engrosses all power by acting alone in most of the
chief affairs of the Government. Justices of the Peace, who
used always to be nominated by and with the Council's advice and
consent, are now privately appointed by himself, and sometimes
blank Commissions are signed and sealed for that purpose, to
be filled up by particular favourites. The same method is used
for striking any one out of the Commission of the Peace, without
any fault communicated to the Council; of late a whole Court
was in this manner turned out at once (two only excepted), and
very insufficient and undeserving men substituted. All the
Sherrifs are of late similarly appointed, and all Militia and Naval
Officers. Orders and Proclamations of all sorts are issued out in
H.M. name without any advice in Council. The accounts of
H.M. Revenue (if past at all) are past by H.E. without the knowledge of the Council. Particular Agents are similarly sent home
by him and paid out of H.M. Revenue. A standing Agent is
similarly named by H.E. in England and allowed 100l. per annum
out of H.M. Revenue. Rules of limitation in taking up of land
have been similarly prescribed to Surveyors, against both Law
and Custom. Many things are put upon Record both in the
Secretary's and Council Offices, and others forbid to be put
upon Record, without any advice in Council. H.E. recommends
home such persons as he thinks fit to be put upon the Council,
without the knowledge or advice of the Council. By his interposition with the Secretary, the Clerks of County Courts are
put in and removed at pleasure, without any advice in Council,
and much to the dissatisfaction of the Courts. (2) Many matters
of great moment are transacted by H.E. expressly contrary
to advice in Council, e.g. the calling so many General Assemblies,
and at such unseasonable times of the year, to the great trouble
and charge of the Inhabitants. The exasperating of Assemblys
with harsh speeches and irritating propositions, to the great
obstruction of H.M. business. The keeping the land on Blackwater and Pamunkey Neck shut up, without any instruction,
contrary to the advice of both Council and Burgesses. When
afterwards, by an Order of himself and Council notified by
Proclamation all over the Country, the Blackwater Land was
opened, and a great many people had bin at the charge of purchasing rights of H.M. and of making entrys and surveys, he by
his privat orders contradicted and retracted all, forbidding the
Surveyors to proceed, without taking any notice to the Council,
to the great loss of H.M. in her quit-rents. (3) He signs many
orders, warrants, pattents, Commissions etc. in Council, on
purpose to have the colour of the Council's name, which are never
so much as read in Council, and the Council knows nothing of
them. (4) There is now no check upon the accounts of H.M.
Revenue, whereas formerly they used to be examined and past
in Council at a solemn audit. (5) He is so impatient of all just
freedom of dispute or debate in Council that if any one of the
Council presumes to differ in opinion from him, he is treated
with reproofs and threats in the most rude, insolent and abusive
manner. (6) To the end he may act without controul, he carefully conceals from the Council the knowledge of his Instructions,
by which (we humbly conceive) we ought to be directed in giving
and he in taking advice. (7) He has endeavored upon all occassions to debase and vilify the Council before the people by giving
them gross and abusive language (such as Rogues, Villains,
Raskalls, Cowards, Dogs, etc.) to their faces and behind their
backes, reflecting upon them as if they had gott their estates
by cheating the people, swearing that he valued the Council no
more than the dirt under his feet, and that he would reduce
them to their primitive nothing, and likewise advancing men of
inferiour stations to the chief commands of the Militia, by which
trusts and honours the Council alone used formerly to be dignified
and distinguished, to H.M. great security in times of danger,
by these means endeavouring not only to regain the good opinion
of the common people, but allso to beget in them such jealousies and
distrusts of the Council as might render them incapable to
withstand his arbitrary designs. (II.) His behaviour in the Upper
House of Assembly. (1) Whereas that House humbly conceives
that they ought to be left to the freedom of their own debates,
without being swayed and overawed by the Governour's interposition, he is not only continually present, but takes upon him
to preside and debate, and state the questions and overrule, as
if he were still in Council, which the said House takes to be a
great encroachment on their libertys and priviledges. (2) His
usual, high, haughty, passionat, and abusive way of browbeating, discouraging and threatning all that speak anything
contrary to his opinion or design is another great encroachment
on the liberties of that House. (3) His endeavouring to beget
or feed a bad understanding between the two Houses, his downright interposing and siding sometimes with one House and
sometimes with the other, and making entrys to that purpose
in the Assembly Books we take to be a great encroachment on
the liberties of both Houses. (4) His closetting of the Members,
and using all the arts of cajoling and threatning for his own
ends, not sticking sometimes to threaten the cutting of their
throats, and their utter ruin, we take to be another intolerable
encroachment on the liberties of that House. (5) He makes
several extemporary rash speeches to both Houses, cajoling or
irritating, promising or threatning, which though they have
great influence in making or marring the business of Assemblys,
yet are never put into writing, nor appear anywhere in the
Minutes. (III.) His behaviour in the Generall Courts. (1) He
uses gross and visible partiality in most cases of his friends or
enemies, abusing the Council at the Barr, and often hectoring
his fellow Judges, if they happen to differ from him. (2) He
keeps Courts at most unseasonable hours in the night, to the
great dissatisfaction and endangering the health of Judges,
Lawyers and People. (3) He sends for his creatures from the
country, and gives directions to the Sherriff to put them upon
the Grand Jury, and tampers with these Grand Juries to procure
flattering encomiums of himself, that by the sending of these
for England his true character may be concealed. (4) He often
makes particular entries, contrary to the opinion of the rest of
the Court, and in very abusive and reflecting terms. (IV.) Other
publick abuses in his Government. (1) He makes H.M. name
cheap and contemptible by using it to every frivolous, unnecessary
or arbitrary command, e.g., if he wants to speak with any man,
the message is brought him in these words, H.E. commands you
in the Queen's name to come to him immediately; if he wants
an horse or boat and hands etc., he sends presently to press them
in H.M. name, or whatsoever other commands he gives, tho' no
manner of way relating to the Government, they are all given
in the Queen's name. (2) He incourages all sorts of sycophants,
an horse or boat and hands etc., he sends presently to press them
in H.M. name, or whatsoever other commands he gives, tho' no
manner of way relating to the government, they are all given
in the Queen's name. (2) He incourages all sorts of sycophants,
tattlers and talebearers, takes their storys in writing, and if he
can, persuades or threatens them to swear to them, without giving
the accused person any oppertunity of knowing his accusation
or accusers. (3) He has privatly issued severall Commissions to
examine witnesses against particular men ex parte; he has forced
men upon oath to turn Informers; and if witnesses do not swear
up to what is expected, they are tampered with, and additional
depositions are taken, but all this while the person accused is
not admitted to be confronted with or to defend himself against
his accusers. (4) As he incourages these sycophants, and has
some such in most parts of the country, so he is a man so subject
to suspicion and jealousie, that he readily believes and mightily
improves all such storys, and studies and pursues revenge to the
utmost against all whom he suspects, and all their kindred and
friends. (5) He makes it a great part of his business, by most
malicious stories of his own coining, to blast the reputation of all
such persons of either sex against whom he has any manner of
prejudice, and by that means prostitutes his own honour and
honesty. (6) He endeavours mightily to make parties and to
foment divisions in the country. (7) He is exceedingly selfwilled and utterly unaccountable by any persons. (8) He values
not how arbitrary and illegal his commands are. If the ordinary
Atturney for H.M. will not undertake his designs as being against
Law, he employs others that will. Upon an Atturney Generall's
declining one of his commands as being against Law, he took him
by the collar and swore by God he knew of no Laws we had,
and that his commands should be obeyed without hesitation or
reserve. (9) His haughty, furious and insolent behaviour to the
best Gentlemen in the Country is more like downright madness
than anger and passion. He has told us sometimes that he knew
how to govern the Moors, and that he would beat us into good
manners, and sometimes upon very trivial occasions, he has
threatened very considerable Gentlemen to try them for their
lives, swearing that he must hand one half of these rogues before
the other would learn to obey his commands. He has not only
in rash words threatened to cut Gentlemen's throats, but sent
them formal messages and made solemn vows that he would
be their death or their ruin and to assure them that he should
be born out in all these things. And he has bin heard to make
his brags that right or wrong he could by his authority ruin any
private man. (10) He is so abusive in his words and actions,
as not only to treat our best Gentlemen with the scurrilous names
of Dogs, Rogues, Villains, Rascals, Cheats, and Cowards, and
our best woomen with the names of Whores, Bitches, Jades, etc.,
but actually to beat and buffet some Gentlemen in a most publick,
insolent and tyrannical manner. (11) In his rage he has most
arbitrarily committed men into custody without any cause of
commitment assigned, and without prosecution thereon. (12) His
prophane custome of bloody cursing and swearing, and that
often immediately before or after Prayers, and perhaps the same
or next day after receiving the blessed Sacrament, convinces all
people that he has no sense of Religion, and that he is a great
scandal to the Church of England, for which he pretends to set
up. (13) This is farther confirmed by the many gross
immoralities and pranks of leudness and rudeness to woomen
that he is notoriously known to be guilty of in several parts of the
Country. (14) His rash and prophane swearing ensnares him
sometimes in the higher sin of forswearing, particularly upon
pretence that a great deal of injustice has bin done by executors
and administrators in the execution of their trusts; he swore
several times that he would never sign any more probates or
Commissions of Administrations, saying it was against his conscience, and in this humour he continued for several months,
often repeating solemn oaths that he would never do it; yet afterwards, when he found the complaints in the country grew very
loud, and feared the bad influence of them on a General Assembly
then called, he got over all his oaths and signed them again,
as himself and other Governors before had used to do. And by
such rash oaths and solemn promises upon publick occasions,
which he hath afterwards thought fit to break, he hath so ruined
his creditt that neither his promise nor oath are now any more
reguarded. (15) He hath extreamly ensnared the consciences
of the Clergy by arguing, perswading, bribing and terrifying
them into such elogies and encomiums of himself in high flown
flattering Addresses as must make them forfeit their honour and
honesty if they comply with them, or expose them to his fury
and revenge, and consequently their own ruin, if they refuse them.
(16) To oblige his flatterers, he breaks through the clearest
Instructions, and the greatest ground of meritt with him is to be
forward in promoting of any flattering address to recommend
him to the Court of England. For this reason the Foreman of a
Grand Jury that had drawn one of the most fulsome of these
Addresses, was lately immediately rewarded with a Naval Officer's
place worth about 100l. per annum, taken on purpose from an
honest gentleman that had blamelessly managed it. And one
of the greatest traders of this Country (because he is a tool of his)
was by him preferred and has bin all along kept in the possession
of such another Naval Officer's place, expressly contrary to
the Royal Instruction, which positively forbids the bestowing
of these places on any men much in trade. (17) His ordinary
housekeeping is most scandalously penurious, no way suiting
the dignity of H.M. Governour, having but one dish of meat at
his Table; tho' at publick times when he has any flattering
address to procure, or any other design in hand, he prepares
such treats as he thinks may best contribute to the carrying on of
his sinister purposes. (18) Tho' this is his real character, he takes
all imaginable care to conceal the same in England (1) by giving
out terrible threatenings against all that shall offer to accuse
him there; (2) by endeavouring to stop all from going out
of the country, that he suspects will give an unfavourable character
of him; (3) by giving the falsest and blackest characters of all
such as he fears will dare to write the truth, as if they were men
of scandalous lives, or disaffected to H.M. Government, tho they
are men of never so known loyalty and good credit and reputation;
(4) by procureing flattering addresses from packed Grand Jurys,
for which he rewards them with places of honour and proffit in
the Government; (5) by calling clandestine meetings of such
of the clergy as will joyn in the like flatteryng addresses, and
menaging them with treats and presents and protection of such
as are obnoxious, and promotion of such as are desirous of better
preferments; (6) by intercepting letters in hopes of discovering
the intelligence for or from England concerning his conduct
in this country, to the unspeakable hindrance of friendship, trade
and business; (7) by procuring the commendatory letters of the
few Church of England Ministers that are in New England,
New York, and Pensilvania, to whom and their Churches he
sends now and then a present when he wants any of these flattering
recommendations; (8) especially by employing Sir Thomas
Laurence in Maryland, and Col. Quary in Pensilvania (men
linkt in interest with him) to varnish over his unjustifiable life
and government, for which he repays them both with his own
favours, and by employing his interest in England to promote
theirs; the intercourse between him and them being kept up
at H.M. charge, as may appear by the extraordinary disbursements
for messages to the northward in the accounts of H.M. Revenue.
If further proof is required, we pray that witnesses may be
examined here and enabled to deliver their testimony free from
the terrour and resentment of his arbitrary Government, and
that we may have free access to the Council and Assembly books
and all other publick Records; and that H.M. by Instructions
to her future Governours will provide that the above grievances
may not prejudice our rights and liberties. Signed, J. Lightfoot,
Matthew Page, Benj. Harrison, Robert Carter, James Blair,
Phil. Ludwell. Endorsed, Recd. Read April 10, 1704. 11 pp.
[C.O. 5, 1314. No. 5.] |
April 11.
Whitehall. |
248. Wm. Popple, jr., to Richard Warr. The Council of
Trade and Plantations having considered the letter from
Lord Nottingham of Feb. 24, together with the Memorial of
Monsr. Vryberg inclosed in yours of March 3, and their Lordships
having thereupon examined the instructions to be given to
privateers with several other papers transmitted to them relating
thereunto, their Lordships do observe that the abovementioned
letter imports that H.M. has thought fit to direct that the trade
between H.M. Plantations and the Spanish Dominions in America
only be continued during the present warr, in such manner as it
might have been done in time of peace, and that this resolution
has been taken in concert with the States General, who will give
the like orders to the Governours of their Plantations in America,
by which their Lordships do understand that the trade with the
Spaniards in America is not intended to be carryed on in any
other manner or with any other concessions than as before the
Declaration of War. Whereupon their Lordships desire to be
particularly informed if the instructions to be given to privateers
are to be so drawn up as by incouraging a free and open trade
with the Spaniards in America all Spanish ships may either go
to or come from any of ours, or the Dutch Plantations, or to and
from any of their own Plantations, or be and remain in any of
their own Bays or Harbours without molestation; Which dos
indeed amount to a cessation from all hostilities with the Spaniards
in America; or if such orders are to be confined to the carrying
on a trade with the Spanish West Indies, we retaining still the
liberty of annoying the Spanish ships and galleons as well in any
of the Spanish Ports, as in going from one Spanish Port to
another. Otherwise they, or the French under their names,
may have an opportunity of bringing such galleons and treasure
unmolested to Europe. 1½ pp. [C.O. 5, 3. No. 13; and 324, 8.
pp. 407, 408.] |
April 12.
Whitehall. |
249. Council of Trade and Plantations to the Board of
Ordnance. Acknowledge letter of Board of Ordnance Ap. 4, etc.
[C.O. 29, 8. p. 427.] |
