America and West Indies: June 1707, 11-19

Pages 473-480

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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June 1707, 11-19

June 11. 977. Mr. Graves to the Council of Trade and Plantations. When it was asked Capt. Holding [=Holden, May 21] to what end hee solicited to bee Governor of the Bahama Islands, hee declared severall times that hee would not soe much as attempt the resettling of Providence or fortifie it till [sic] the warn continewed, neither would he propose to the People that were scattered amoungst the Islands to returne to Providence till Pece, and what hee proposed by obtaining a Commission to bee Governr. at this time was onely to enable him the better to proceed to ffish for wrecks, whale-fishing, and what else was granted him by patten from the Proprietor formerly; hee further said that his Patent for wrecks etc. was of little vallew without a Commission for the Goverment, etc. Signed, Jon. Graves. Endorsed, Recd. Read Jan. 12, 1707. Addressed. Holograph. 1 p. [C.O. 5, 1264. No. 5; and 5, 1292. p. 4.]
June 11. 978. Papers produced in his defence by Edward Jones, at the hearing of the complaints against him, June 11, 1707. Duplicates of documents calendared 1700ff. (Cf. B. of T. Journal, June 11.) 36 pp., including list. [C.O. 37, 8. Nos. 12–37.]
June 12.
979. Council of Trade and Plantations to Governor Hunter. Refer to clause in their letter of March 26, relating to grants of land in Virginia. Finding that the granting of lands on the South side of Blackwater Swamp and on Pamunkey Neck is a matter fit to be laid before H.M. for her Royal determination, which we shal do at the first opportunity, in the meantime we think fit to advise you that no lands be granted or patents signed for the same till H.M. further pleasure be known. And we desire as soon conveniently you can after your arrival that you send us a perfect list of the Patents already signed, and of those ready for signing, for the said lands; with the numbers of acres contained in each grant, as also a copy of the form of the said grants, together with an exact survey of the number of acres and a plot of all the lands on the South side of Blackwater Swamp and on Pamunkey Neck. [C.O. 5, 1362. pp. 233, 234.]
[June 12.] 980. Sir E. Northey to the Council of Trade and Plantations. Duplicate of Report on Act of New York, March 14, 1705/6. Signed, Edwd. Northey. Endorsed, Recd. Read June 12, 1707. 1¼ pp. [C.O. 5, 1049. No. 33a.; and 5, 1121. pp. 47, 48.]
June 13.
981. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
981. i. Council of Trade and Plantations to the Queen. Representation upon petition of John Sandford and John Dorn (March 27) q.v. Quote arguments of Counsel thereupon. Set out, B. of T. Journal, May 29, 1707, q.v. Upon the whole, we humbly represent, as to the empannelling of the Jurys, that the return of the Jurors having been regularly made to the Clerk of ye Crown, he and not the Cheif Judge ought to have produced the pannel to the Court; but objections having been made by the petitioners, and the question put, whether the Court approved of the said Jurors or no, and it being carryed in the affirmative, the appointment of the said Juries was the Act of the Court. As to the imprisoning the petitioners, though that proceeding seems to be violent and hasty, particularly as to Dorne, yet in regard it might be necessary for quieting the great tumults and disorder they and others had raised in the Court, and considering that the majority of the Court advised or were consenting thereunto, and the petitioners bayled the next day, as has been alledged to us, and not contradicted by the other side, it does not appear to us that the Cheif Judge has done anything to incur your Majesty's displeasure. [C.O. 29, 11. pp. 47–62.]
June 13. 982. Mr. Graves to the Council of Trade and Plantations. Capt. Holding (=Holden) desingns to goe to Bermuda in a small sloop called the Hopwell next month, etc. Signed, Jon. Graves. Endorsed, Recd. Read June 13, 1707. 1 p. [C.O. 5, 1264. No. 6.]
June 13. 983. Capt. Rich. Jennings to the Council of Trade and Plantations. Describes the state of the Bahama Islands and proposes the resettlement of them. See B. of T. Journal, June 13. Endorsed, Recd. 13th, Read June 15th, 1707. 1½ pp. [C.O. 5, 1264. No. 7.]
[June 13.] 984. Capt. Richard Jennings to H.R.H. the Lord High Admiral. Proposals for securing the Trade in the Spanish West Indies, capturing the Spanish Plate Fleet, and putting down the privateers at Martinique, "by which the French would be forced to run home with empty bellys." Describes the movements of the Spanish galleons from port to port and home from the Havana. "Had Admiral Benboe but have lived, he knowing all those ports, I don't doubt but by this time he would have made the French in those parts very miserable, for he was both an Admirall and a very good pilott, that noe man could tell him anything of the West Indies better than he knew himself," etc. Endorsed, Recd. Read June 13, 1707. 7¾ pp. [C.O. 323, 6. No. 36.]
[June 13.] 985. Same to Same. Similar proposals. Understanding that Capt. Wager is going to the West Indies with a squadron of H.M. ships, proposes to quit the merchants service and go on board Capt. Wager. Same endorsement. 2½ pp. [C.O. 323, 6. No. 37.]
June 13.
986. Council of Trade and Plantations to the Earl of Sunderland. Refer to letter of May 7, and enclose Capt. Gardner's letter of June 10 to be laid before H.M. [C.O. 138, 12. pp. 107, 108.]
June 13.
987. W. Popple, jr., to Mr. Attorney General. Encloses Acts of New York and papers relating to Messrs Bavard and Hutchins. The Council of Trade and Plantations desire your opinion whether the recognizances entered into by them do fully answer the intent of H.M. Order. [C.O. 5, 1121. pp. 48, 49.]
June 14.
988. H.M. Warrants appointing James Milleken, Lawrence Brodbelt and Thomas Belman to the Council of Nevis. [C.O. 5, 210. p. 36.]
June 16.
989. Governor Hunter to Mr. Popple. Acknowledges Instructions relating to grants of land [June 12]. If there be anything in it that may clash with those of the President and Council, I beg their Lorps. to transmitt H.M. pleasure, etc. Signed, Ro. Hunter. Endorsed, Recd. Read June 17, 1707. 1 p. [C.O. 5, 1315. No. 60; and 5, 1362. p. 234.]
June 16. 990. Mr. Linton to the Council of Trade and Plantations. Encloses correspondence from abroad, showing how the American Plantations are like to suffer by the vast increase of tobacco made and consumed in Europe. To find out proper expedients in favour of the Revenue, our merchants, the planters, and for imploying our poor, may be worthy of your Lordships' peculiar care, for by Jan. next 3 intire cropps of tobacco will be ready to be shipt from those Plantations. Signed, John Linton. Endorsed, Recd. Read June 17, 1707. ¾ p. Enclosed,
990. i.–vii. Correspondence referred to in preceding. 14 pp. See July 1. [C.O. 5, 1315. Nos. 61, 61.i.–vii.; and (without enclosures) 5, 1362. pp. 234, 235.]
June 16.
991. Council of Trade and Plantations to the Earl of Sunderland. Refer to former proceedings relating to Mr. Jones. On the hearing of the parties, Counsell for petitioners insist to be heard to the former complaints against him, as being referred to us (April 4, 1706, etc.). We desire your Lordship to receive H.M. pleasure whether we shall hear the complaints of his misbehaviour before the time he was restored to his offices by H.M. Order in Council, April 20, 1704, or onely report upon what has been already heard relating to his behaviour since. [C.O. 38, 6. pp. 280–282.]
June 17. 992. Virginia and Maryland Merchants to the Council of Trade and Plantations. Refer to Memorials of Col. Quary etc., 1705, upon the tobacco trade. Since which we have for above 13 months past very often attended H.M. Principal Secretaries of State on a report made by this Honourable Board, but cou'd neither obtain a sight thereof, or procure it to be laid before H.M. in Council, it being, as we suppose, impeded by the Contractors with the Czar, under pretence they had tobacco remaining in Russia, which being all long since sold, we hoped that obstacle to the trade was fully removed. These, with many other interruptions, occasion tobacco of foreign growth to be preferr'd, to the great prejudice of H.M. Revenues, the Plantations, and the manufactories of this Kingdom Pray that above Memorials may again be taken into consideration, and the Reports thereon be without loss of time effectually forwarded to H.M. in Council, least a further delay should cause a total disuse of our Plantation tobacco in Muscovy, Sweden. Denmark, France and Spain. Signed, Micajah Perry, and 17 others. Endorsed, Recd. Read June 17, 1707. 1 large p. [C.O. 5, 1315. No. 62; and 5, 1362. pp. 235, 236.]
June 17.
993. Council of Trade and Plantations to Mr. Secretary Harley. Enclose following to be laid before H.M.
993. i. Council of Trade and Plantations to the Queen. We have no objection to Robert Holden as Governor of the Bahamas [May 21], under the Proprietors, he giving security in 2,000l. for observing the Acts of Parliament relating to trade and the Instructions touching the same that shall be given him by your Majesty. But in regard the said Islands (lying in the Gulph of Florida and in the way of all ships from the Havana and Bay of Mexico) are of very great consequence not only to the trade of this Kingdom, but for annoying the enemy in time of war; we think it our duty on this occasion humbly to represent to your Majesty that we find the Fort upon the Island of Providence (which was the only place of strength there) is now altogether defenceless, that no supply of arms, ammunition or other stores of war, hath been sent thither for several years before the war, or any now intended to be sent by the Lords Proprietors, or directions given for drawing the scattered Inhabitants together, insomuch that the security of those Islands hath been and still seems to be wholly neglected by the said Lords Proprietors, and exposed to the continual insults of the enemy, as hath already twice happened during the present war. Wherefore for the prevention of the like for the future, and for the necessary security of a settlement so highly beneficial to the trade of this Kingdom: We are humbly of opinion that the immediate Government of those Islands shou'd be resumed into the Crown in such manner as your Majesty's latter Attorney and Solicitor General have advised (1706), or by such other method as your Majesty shall judge most proper; and in the meantime since the present defenceless state of those Islands hath been through the default and neglect of the Proprietors, We humbly offer that, to prevent their falling into the hands of the Enemy, and for the better administration of the Civil and Military Government there, in time of war, your Majesty will be pleased to make choice of and send over with your Royal Commission, a Governor well experienced in military affairs and fitly quallified for such an employment, as was done in some other Propriety or Charter Governments, during the late war [Maryland, Pennsylvania], and that such Governour be directed and impowered, with the assistance of the said Lords Proprietors and of the Inhabitants, to repair the works of the said Fort; and by a suitable provision of warlike stores to be sent from hence be enabled to put the said Islands into a good state of defence against the enemy, for the protection and good government of your Majesty's subjects now remaining, or that shall be settled there, it being reasonable to believe that under such an administration some merchants may be encouraged to settle a Factory there, to carry on the Spanish trade, and there being a very commodious harbour for distressed ships that come through the Gulf of Florida, or are beaten off the northern coast of America, that settlement may be much improved to the benefit of the trade of this Kingdom. And in case your Majesty shall find that the said Lords Proprietors shall refuse or neglect to comply with what your Majesty shall think fit to require of them for the security of the said Islands, before such Governor, so to be appointed, do go from hence, then we do humbly offer that your Majesty will be pleased to make such necessary provissions as aforesaid. [C.O. 5, 1292. pp. 6–9.]
[June 18.] 994. Mr. Crabb to the Council of Trade and Plantations. Quotes rumours from Antigua as to French fleet expected to arrive at Martinique and to attack that Island, points out the prejudice arising to trade in those parts, and proposes an expedition against Martinique. (See B. of T. Journal, June 18 ff.) Endorsed, Recd. Read June 18, 1707. 1 large p. [C.O. 152, 7. No. 11.]
June 19.
995. W. Popple, jr., to Sir H. Ashhurst. Sends attested copies of proceedings against Vetch etc. [C.O. 5, 912. p. 375.]
[June 19.] 996. Mr. Solicitor General to the Council of Trade and Plantations. Reports upon 5 Acts of Bermuda, 1698. The Act for restraining and punishing privateers and pirates as penn'd seems liable to several objections. By the first enacting Clause, 'tis made felony without benefitt of clergy, for any person who then did or within four years then past had, or at any tyme afterwards should inhabit or belong to this Island, to serve in America in a hostile manner, under any forreigne Prince, State or Potentate, against any other forreigne Prince, etc. in amity with the King of England, without licence from the Governour. There is a proviso that this Clause should not extend to any person then in service to any forreign State or Potentate, who should quitt such service by Aug. 4 then following. As this part of the law is framed, persons not guilty of any crime whatsoever may be liable to suffer death. They may enter into the service of any fforreigne Prince, etc., who are not in hostility with any of the allies of England, and if afterwards war should break forth between such fforreigne Prince, etc., into whose service they entred without being guilty of any crime, with any other forreigne Prince, etc. in alliance with England, tho they are forced to continue in the service, and should quitt the same so soon as they have any opportunity so to do and returne home and submitt themselves to the Governour, yet are they guilty of ffelony, without benefitt of clergy, for such their involuntary continueing in the service, after the hostility begun. By the next Clause in the Act, all treasons, felonies, piracies, robberies, murthers or conspiracies committed, or to be committed, upon the sea, or in any haven, creek or bay, where the Admirall hath any jurisdiction, may be inquired, tried and judged within the Island, as if such offence had been committed within the Island, and for that purpose a Special Commission is to issue, and such proceedings thereupon to be had, as by the Statute for pirates 28 H. VIII is appointed. By this part of the Act, there is as large a jurisdiction given to try all High Treasons, piracies, murthers and other offences committed upon the high sea, as is given by the said Statute of H. VIII to Commissioners to be appointed under the Great Seal of England for trying any of the said offences in England. The said offences by vertue of this Act to be tried by Special Commission within the Island are not confined to offences committed with any particular limmitts, but in what part of the world soever, upon the sea where the Admirall hath jurisdiction, any treason, piracie, felony, robery, murther or conspiracy shall be committed or supposed to be commited, any person may be taken and carried prisoner to the Bermuda Islands, and there tried and executed for the same. By another Clause in the Act every person who shall knowingly entertaine, harbour, conceal, trade or hold correspondence with any person deem'd to be a pirate or other offender within the construction of this Act, and not endeavour to apprehend such offender, shall be prosecuted as an accessory and suffer the like paines and penalties. A person may knowingly trade with a man that is a pirate or other offender within the Act, not knowing him to be a pirate or such offender. This Clause, as penn'd, may subject very innocent persons to be prosecuted for their lives, for tradeing or corresponding with persons they neither know nor suspect to be pirates or offenders. For these reasons (however necessary some law of this kind may be in these Islands) I humbly conceive this Law not fitt to be approved. As to the other four Acts, I have no objection to either of them in point of Law. Signed, Sim. Harcourt. July 28, 1704. Endorsed, Recd. Aug. 9, 1704. Read June 19, 1707. 2 pp. [C.O. 37, 8. No. 38; and 38, 6. pp. 283–287.]
[June 19.] 997. Mr. Solicitor General to the Council of Trade and Plantations. Report upon 6 Acts of Bermuda, 1701. The Act for imposition on liquors etc. expired on July 3, 1703, notwithstanding which the fact recited in the preamble may deserve your Lorpps.' consideration. 'Tis recited that an imposition had been laid on liquors, to continue for two years only, at a former Sessions of Assembly held under the Government of Samuel Day, Esq., but that by the Clerk's neglect a whole paragraph in that Act was omitted, whereby that Act which is recited to be temporary was entred on record as a perpetuall Law, and that Mr. Day had extorted severall summes of money after the determination of that Act, as if the Act had had continuance, and had transmitted it to his late Majestie as a perpetuall Law to be confirm'd. It is further recited that Mr. Bennett, the present Governour, upon a representation thereof by the Assembly, had assured them to represent the same to his late Majestie, and that the collection of the rates imposed by that Act should cease till H.M. pleasure was knowne. Whether that Act entred upon record, amongst the Acts of the Assembly, as a perpetuall Law, and transmitted as such by the former Governor to be confirmed, be yet confirm'd or not, does not appear to me. But it appears from this recitall, that the present Governour by his owne authority, at the request of the Assembly, has stopped the further collection of the rates imposed by the Act pass'd under the Government of Mr. Day upon the allegations recited in this Act. The Act to prevent the oppression and extortion of officers, passed July 6, 1701, appears to be repealed Nov. 14, 1702, otherwise the said Act is liable to objections. As to the four other Acts, I have no objection to either of them in point of Law. Signed and endorsed as preceding. 1¼ pp. [C.O. 37, 8. No. 39; and 38, 6. pp. 288–291.]
June 19.
998. Governor Handasyd to the Council of Trade and Plantations. H.M.S. Sheerness arriving here as convoy to 8 merchant ships about 20 days ago, and being ordered away for England and to take such merchant ships under her protection as are ready to sail with her, I make use of the opportunity to enclose a duplicate of my last, we having had no packett-boat since April 23. We have very little news here; I cannot hear any certainty of a French Fleet's being in these parts, as was some time ago beleived, but by what I understand the galleons will be ready to sail in 6 weeks or 2 months. Our trade with the Spaniards seems at present to be glutted by reason of a great quantyty of goods brought by the Dutch and French. The squadron under Commadore Kerr is very healthy and so is the Island in generall. I must still continue my request to your Lops. for your assistance towards the getting me a draught of 300 recruits etc. Signed, Tho. Handasyd. Endorsed, Recd. 19th Sept., Read 28th Oct., 1707. 1½ pp. [C.O. 137, 7. No. 61; and 138, 12. pp. 156, 157.]