America and West Indies: March 1706, 1-09

Pages 62-68

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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March 1706, 1-09

March 1.
146. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose informations relating to Major Lloyd to be laid before H.M. In case H.M. shall think fitt to send a reinforcement, as No. 110, it will be necessary that a proportionable increase of provisions be forthwith ordered. [C.O. 195, 4. p. 233.]
March 1.
147. W. Popple to Mr. Penn. The Council of Trade and Plantations acquaint you that the matter of the Address referred to No. 128.i., belongs properly to the Commissioners of H.M. Customs, and that it will be expedient you make your application to them. [C.O. 5, 1291. p. 344.]
March 1.
148. Mr. Secretary Hedges to the Council of Trade and Plantations. Mr. Macarty being dead, Mr. Richard Clayton is proposed to succeed him in the Council of St. Christophers. Enquires if there is any objection. Signed, C. Hedges. Endorsed, Recd. Read March 4, 1705/6. 1 p. [C.O. 152, 6. No. 33; and 153, 9. p. 293.]
March 1.
149. Council of Trade and Plantations to Governor Nott. Since ours of Feb. 4, delivered to Coll. Quary, who returns by the convoy now bound to Virginia, we have received 2 letters from you, both dated Dec. 24, 1705. In answer to what you write in relation to the laws, we think you ought to pass all laws offered to you by the Assembly, that are not prejudicial to H.M. prerogative, the good of the country, and not repugnant to the laws of England, but upon your passing the same we desire you to send them hither, as well those that have no alteration as the others that have, with your observations thereupon, to the end we may consider the same in order to our laying them before H.M. for her allowance or disallowance thereof. We observe the alteration you mention to be made by the Assembly in the Revenue Bill for diminishing the allowance of the 2s. per hhd. to Masters of ships, and are not satisfyed that this abatement will be for the advantage of H.M. Revenue in England: for that the encouragement for making due entries is thereby diminished, and therefore we desire further information. As to what you write that the abating something of 12 p.c. advance on the first cost of the arms will facilitate the sale thereof, we think you may use your discretion therein, so as H.M. lose as little as possible by any such abatement. We take particular notice of what you say about planting of cotton and flax in Virginia, which we think very prejudicial to H.M. service, and therefore we desire you will do all you can to discourage the same, by all lawful ways and means, and particularly not to pass any law or do any Act in Council to promote the same. As to what you write concerning your Instructions that excludes any Counsellors from being Naval Officers, and their thinking it hard they shou'd be at so great trouble and charge, and yet be made incapable of any of those places, that regulation was made upon Memorials presented to us, extracts whereof are here inclosed, that you may examine the same in Council, and enable us by your contradicting those reasons to lay before H.M., what we shal thereupon judge most proper in this Particular. We have under consideration the pattenting of lands on the South side of Black-water, and do think fitt that you do continue the late restriction made therein without permitting any new rights to be granted, until you shal hear further from this Board. And in all other occasions of granting of lands you are to keep stricktly to the plain meaning of your Instruction concerning the pattenting of lands. Enclose Mr. Jennings' Memorial (Jan. 11). We think that the nomination and commissionating the said Clerks is solely in the Secretary, and that the Council of Virginia ought not to intermeddle therein except in cases of misdemeanour or the misbehaviour of any of the Clerks. [C.O. 5, 1362. pp. 6–8.]
March 2.
150. Mr. Bradshaw to the Council of Trade and Plantations. The complaints against Mr. Jones [Feb. 19] were fully answered (quotes Order in Council below), except the four last heads, to which I desire Jones may be allowed a convenient time to send an answer, or that a Commission may pass under the public seal of Bermuda impowering some indifferent person, or persons, to make a through examination. Three of those Articles are such general accusations and mention such matters that doe not seeme to be any offence, but the effect of prejudice; the last article is that he hath taken a legal remedy to recover what he supposes is his right, which was never yet deemed a crime, etc. Signed, Richd. Bradshaw. Endorsed, Recd. Read March 4. 1½ pp. Enclosed,
150. i. Order of Queen in Council, C.S.P., 1704, No. 258. 2 pp. [C.O. 37, 7. Nos. 17, 18; and (without enclosure) 38, 6. pp. 152, 153.]
March 4.
151. Council of Trade and Plantations to Mr. Secretary Hedges. Reply to March 1st. We have no objection to Mr. Clayton. [C.O. 153, 9. p. 294.]
March 4.
152. Governor Sir B. Granville to the Council of Trade and Plantations. By letters from Col. Johnson, dated Feb. 7, I have an account that a French Fleet of 7 large topsail ships, and as many sloops and brigantines as made up 36 vessels had appeared in sight of Antego, and ply'd two days to windward, in order, as he believ'd, to land there, but the ships not being able to turn up, they bore away to leward, etc. Repeats news of St. Kitts, etc. Col. Johnson desired I would send H.M. ships to his assistance, and I did accordingly doe so. Signed, Bevill Granville. Endorsed, Recd. 21st, Read 28th. May, 1706. Holograph. 3 pp. [C.O. 28, 9. No. 44; and 29, 10. pp. 58–60.]
March 4.
153. Same to Mr. Sec. Hedges. Repeats preceding. Acknowledges letter of Jan. 15. I having sent last to Martinique about the Torailles, and receiv'd such a positive answer from the Governour, doe beleive it not proper for me to begin that matter again, but that I ought to let the farther treaty of it arise on their side, when it does I shall use the greatest caution in the management of it according to your instructions. Signed, Bevill Granville. Endorsed, R. May 21, 1706. Holograph. 4 pp. [C.O. 28, 38. No. 46.]
March 5. 154. Copy of Mr. Jones Patent from K. William III constituting him Secretary and Provost Marshal of Bermuda. Countersigned, Cocks. Endorsed, Recd. Read March 5, 1705/6. 2¼ pp. [C.O. 37, 7. No. 19; and 38, 6. pp. 153–155.]
March 5.
155. Mr. Sec. Hedges to the Council of Trade and Plantations. You are to prepare a Declaration for setling a Militia in Newfoundland (Feb. 14). Signed, C. Hedges. Endorsed, Recd. Read March 13, 1705/6. 1 p. [C.O. 194, 3. No. 126; and 195, 4. p. 239.]
March 5. 156. Contractors with the Czar of Muscovy to the Council of Trade and Plantations. Wee have no such design as that attributed to us [No. 131], neither do wee know of any that hath. All our aim is to sell the tobacco wee have had severall years in Russia before it perish, wherein wee hope H.M. and your Lordships will afford us your best assistance. Signed, Nath. Gould, Sam. Heathcote, Wm. Dawsonne, Edward Haistwell. Endorsed, Recd. Read March 5, 1705/6. 1 p. [C.O. 5, 1315. No. 15; and 5, 1362. pp. 12, 13.]
March 5. 157. Mr. Bridger to the Council of Trade and Plantations. Should i be silent on a thing of this nature, which is so very distructive to the manufacture and thereby to the trade of this Kingdom, I should not only be wanting in my duty but be guilty of a crime above pardon for not acquainting your Lordships of it, whose prudent and daily care, great wisdoms and constant studdys for the publicke good would in some measure cheque this growing thriving trade in New England, that's the manufacturing of their own wool, which they have great quantitys of and in order to this worke there is now entred 155 doz. of wool cards since Dec. 3, last. Besides wool combs a great quantity, wch. I presume are not to be exported, that commodity being entred as wrought iron. I have observed that there is not the quantity of woolens exported as usual, which must proceed from this trade of making their own cloth in New England and no other Plantation, and if not prevented will increase. Signed, J. Bridger. Endorsed, Recd. March 5, Read April 1, 1706. Addressed. 1 p. [C.O. 5, 864. No. 53; and 5, 912. pp. 127, 128.]
March 6. 158. Lords Proprietors of Carolina to Governor Sir Nathaniel Johnson. We hereby make null and void, and require you not to put in execution the Law for the Establishment of Religious Worship according to the Church of England, etc. Signed, Granville, Palatine, M. Ashely, J. Colleton, Jo. Archdale. [C.O. 5, 289. p. 111.]
March 8.
159. Merchants of Whitehaven to the Council of Trade and Plantations. Disagree with Col. Quary's Memorial (Feb. 22). Being at a great distance from London, must go at a later season than the Londoners, when the enemy's privateers dare not lie upon our coasts, and therefore cannot receive any benefit of the proposed one convoy outward. Propose 2 yearly convoys and freedom from embargo for single ships. 24 signatures. 3 pp. [C.O. 5, 1315. No. 17.]
[? March 8.] 160. Governor Seymour to the Council of Trade and Plantations. I could not omit my duty by this opportunity of the Elizabeth of Liverpool, Edward Ratchdale Master, who has H.M. letter of leave to sayle as he sees fitt with or without convoy, to acknowledge the receipt of the Great Seal [May 3], whereupon I got a competent number of the Council together, and with their advice broke up the old one, and issued a Proclamation to give notice thereof, etc. I likewise receiv'd H.M. royal commands of the same date, requiring that I should recommend to the Generall Assembly the passing of an Act for building of towns, ware-houses, wharfs and keys, for the better advantage of trade in this Province, which, being a matter of the greatest consequence, as what I believe will render trade and navigation here farr easier and cheaper, and conduce very much to the shortning the time of the convoys and merchant ships tarrying here, and prevent both men and ships seasoning and being destroy'd in the country by the hott weather and worme, I thought it adviseable to see what stepps were made by our neighbours in Virginia, hoping that the good success it would meet there might be a means to incite the Delegates here more readily to concur therewith, and shall upon their meeting, which is intended very early in the Spring, earnestly recommend it to them, having great hopes of success, especially since we are told Virginia have voted towns and ports. The situation and rivers of this Province would require more towns and ports than only two in Puttuxent and Potomack, and one on the Eastern side of the Bay, especially the seat of Government being so high up the Bay. Refers to letter of July 3, 1705. Acknowledges letters of April 20, 1705. I have publish'd H.M. most gracious resolve to open a trade with Spain, tho I cannot see how any hence will adventure on that commerce, however beneficial it may be to Jamaica and the Leeward Islands, yet I hope the Act for the importation of naval stores, which I have (together with the Act for prohibiting all commerce with France) caused to be published in all parts of the Province, will meet with a welcome reception, especially in the three lower Counties of the Eastern Shore, being rich lowland, and fittest for that produce, so that the inhabitants will find it their interest to apply themselves to making pitch, tar, etc. But in regard I am caution'd by the Secretary of State, to take care the people be not thereby diverted from making tobacco, I shall be very cautious how we drive too fast, it being my opinion that the Act had better extended duly to the Carolinas, New England, New Hampshire, New York, the Jerseys, Pennsylvania and the three Counties annext, especially the first and last, which are of little or no emolument to the Crown, and that Virginia and Maryland had been left out. Your Lordships will find that H.M. order to transmit constant accounts of the publick stores was complyed with by the last shipping, and will be so by the next, etc. I was commanded by the Secretary of State to give account to the Ordnance-Office of what powder and arms sent hither from thence, and upon enquiry find none since those in Col. Copley's time, which together with the powder were blown up and burnt at St. Mary's in 1694, wherefore we have so acquainted them. I hope, ere this, the several Journals of the Council and Assembly with the Laws revis'd, sent by Col. Quary, are come to the hands both of your Honble. Board, and the Secretary of State, and will meet your approbation. I must beg leave to lay before your Honble. Board what a great disadvantage this Province lyes under in respect of the time of the Commodore's sailing, which is generally farr later than what is first given out; wee not having any small vessell to advise thereof, a particular instance of which great misfortune we have too lately experienced in Commadore Clements, who upon his arrivall in Virginia, Aug. 13, 1705, wrote me word positively he would sayle within 20 days, and that he could not allow above 48 hours for the distance of our shipps, so that very few from this Province, under the diffidence of the possibility of getting ready by that time, had the opportunity of his convoy: and yet, to the great surprise of all, wee were told that he sayl'd not till Oct. 8, so that for want of being well advised of his resolution, many good ships which might have been ready, had they knowne the time, lost the oppurtunity, and are forc'd to tarry in the country, to the great damage of the owners and merchantsplanters, who would have been glad to have sent away their tobacco, whilst good, to pay their debts, but more especiall loss of the Revenue. I hope your Lordships will lay this matter before H.M., in order to be remedyed, otherwise it will be the utter undoing of the inhabitants here, who will be always forestall'd in the markett at home by the Virginians. I hope your Lordships will think it reasonable to represent wee should have some small vessell here, which may be very necessary on these occasions to prevent illegal trade. I must acquaint your Lordships of a growing mischief many as well as myself seem to foresee in this Province, which is the importation of so many Irish servants, most of which are Papists, and those have an interest already too formidable here, the soyle being in the Lord Baltemore, whose Agents give great encouragement to their seating here, and particularly one Mr. Charles Carroll has imported above 200 of them, with assurance of lands when their servitude expired, and this notwithstanding the imposition laid on them by the Act of Assembly to prevent the growth of Popery by the importation of too great a number of Irish Papists, so that unless something more effectual be ordered by H.M., this Province will by far have too large a share of them, who in some few years may prove dangerous. I have yet further to trouble your Lordships in representing what seems to be the opinions of several of the Courts of Law here (and especially the Provinciall, where all criminal matters are handled) that the severall Statutes of England, unless they expressly mention the Plantations, are not in force here; so that for want of a particular Act of Assembly, many criminalls should escape, as in conventicles, rapes, bigamy, Jesuites, and other ffelons. Its true H.M. Royal Commission directs me to govern her subjects here according to the Laws then in force, or which should afterwards be agreed to by the Councill and Generall Assembly. But several have a notion that the Charter of H.M. Royall Grandfather of blessed memory, which grants to the Lord Baltemore to govern according to the Laws to be agreed on here by the Generall Assembly freely elected, is chiefly to be preferr'd, yet it seems absurd, that because the Assembly have not made Laws sufficient to restrayne many villanys, the offenders should be clear thereof, for want of a particular Law of this Province to declare and punish the offence, especially at this time of day, when severall have been executed by those of H.M. Kingdom of England. In 1692 it was enacted that where the Laws of this Province were silent, the Laws of England should take place. And then I am told the Courts seem'd to be at a greater certainty, but that clause being inserted in an Act of Assembly of a differing nature, viz. Religious Worship, and clogg'd with a Declaration that the Great Charter of England should be in all points observed in this Province, did not obtain the Royall Assent, but was disassented to, and never since reenacted, it having been started how prejudiciall such a Law was to render those of England in force where the Laws of this Province were silent, and urg'd that on the most trifling occasions Habeas Corpora's and Writts of Error would be brought to remove the bodies of the inhabitants to Westminster, but this to reasonable men seems but a meer Buggbear, considering our Act of Assembly preventing appeals to England under the value of 300l. sterl., and the defendants' free choice. Others who seem weary of this confusion are desirous by Act of Assembly to enumerate what Statutes of England they think reasonable should be in force here. But I shall be very cautious how I meddle with any such Law to give up H.M. Laws of England to the disposall of the Legislators here, until your Lordships are pleas'd to give me your directions what is best to be done in this matter of so great moment. I have formerly acquainted your Lordships that one Capt. Richard Johnson had brought into this Province a French prize called L'Ortolant, and now transmitt the proceedings of the Court of Vice-Admiralty here, and condemnation thereof, together with those on the prize François of Rochell, taken by Capt. Edward Ratchdale, in the Elizabeth. The latter we were fully apprized by H.M. Royal Declaration how it should be disposed of, but as to the former we were a little in the dark, not being fully assured, tho we did believe it to belong to H.R.H. as a Perquisite of the Admiralty, yet hope the Judge's sentence here will be sufficient to answer the end. Your Lordships shall allways have a constant account of all occurrences here, for H.M. service, and if you have at any time, or may think me too long silent, I beg you will not impute it to any neglect of my duty, but consider how seldom and uncertain this present war renders the opportunities of paying my respects to you. Signed, Jo. Seymour. Endorsed, Recd. June 12, Read July 1, 1706. 6¼ pp. Undated, but referred to Aug. 21st. Enclosed,
160. i. Proceedings of Court of Vice-Admiralty, Nov. 6, 1705, relating to the Rochelle prize. Endorsed as preceding. Seal of Vice-Admiralty, Maryland. 9 pp.
160. ii. Proceedings of Court of Vice-Admiralty, Aug. 24, 1704, relating to L'Ortolan prize. Sealed and endorsed as preceding. 4 pp. [C.O. 5, 716. Nos. 14, 14.i., ii.; and (without enclosures) 5, 726. pp. 380–388.]
March 9.
Office of Ordnance.
161. List of ammunition, gun-carriages, tools, beds, blankets sent to Newfoundland March 14, 1705. 7 pp. [C.O. 194, 22. No. 63.]