|
March 1.
Whitehall. |
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.
Whitehall. |
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.
Whitehall. |
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.
Whitehall. |
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.
London. |
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.
Whitehall. |
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.
Barbados. |
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.
Barbados. |
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.
Cockpitt. |
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.
Whitehaven. |
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.] |
