|
Feb. 16.
Whitehall. |
1341. Council of Trade and Plantations to the Lord High
Treasurer. Enclose account of 6 months' salaries due to the
office at Christmas. [C.O. 389, 36. pp. 359, 360.] |
| [Feb. 16.] |
1342. Copy of lease of Mr. Pilgrim's House in Barbados
to the Treasurer, for the residence of the Governor. Feb. 7,
1705. Signed, John Frere, Tho. Palmer, Saml. Forte. Endorsed,
Recd. from Major Pilgrim, Read Feb. 16, 1707/8. 9 pp. [C.O.
28, 10. No. 80.] |
| Feb. 16. |
1343. Copy of an Act of Barbados, 1706, confirming above
lease. Endorsed as preceding. 6 pp. [C.O. 28, 10. No. 81.] |
Feb. 18.
Whitehall. |
1344. The Earl of Sunderland to the Council of Trade and
Plantations. Encloses following for their report. Signed,
Sunderland. Endorsed, Recd. Feb. 28, Read March 2, 1707/8.
½ p. Enclosed, |
|
1344. i. S. Duport to the Queen. Refers to Orders of Council
in his favour. See C.S.P. 1693, 1694. Nos. 707, 1011,
1012, and 1698. No. 675. Hearing that Col. Codrington
out of spite threatened to give away his plantations to
other men (as he really offered them), Petitioner was
forced to leave of his solicitations and embark for
America etc. He was taken by the French in his passage
coming from the Leeward Islands, but refused to
command an expedition against the English Plantations.
He suffered very much by the late French invasion
and hurricane in St. Kitts and is in actual want. Prays
that he may partake of H.M. bounty intended for
St. Kitts and Nevis. 1 p. |
|
1344. ii. Copy of Order in Council May 12, 1694. Cf. C.S.P.
1694. No. 1012. 3 pp. [C.O. 152, 7. Nos. 39, 39.i., ii.;
and 153, 10. pp. 126–131.] |
Feb. 19.
Whitehall. |
1345. Council of Trade and Plantations to Col. Jenings.
Enclose Order of Council, Jan. 25, and H.M. Letter, Feb. 6.
[C.O. 5, 1362. p. 287.] |
| Feb. 20. |
1346. Lord Baltimore to [? the Council of Trade and Plantations]. My Lord Baltemore, in 1699, haveing his house in
Maryland plundred, and all his books of accounts and papers
burnt and distroyed, whereby his Lordship was disabled to
make his just and proper demands of such rents, ffines and
other duties as were due to him from the Planters in that
Province, to retrive this inconvenience, made a lease and a grant
of all such rents, ffines and duties to Richd. Bennett and James
Heath, two persons well acquainted with the severall and
particular duties, rents and ffines due from the pattentees of
lands under his Ldship. for 8 years ending Aug. 1, 1707, to ye
end ye sd. leassees or grantees might in that time by theire care
and inspection make perfect roles, and setle a true state of ye
Revenue of Maryland due from ye sd. Planters, both for theire
owne and his Lordps. use and benefitt, and to avoyd all controversies yt. might for ye future arise concerning ye sums and
values of such rents and duties; but instead thereof, the said
Bennet and Heath have neglected to prepare and make such
accts. and rent roles, and theire terme being now expired, upon
pretence yt. they are without remedy to recover ye sd. rents,
arrears of rents and dutyes by distress after ye end of their term,
and yt. my Lord Baltemore may by giveing acquittances and
discharges for such rents and duties as shall grow due after ye
end of yt. term, extinguish ye arrears due to them, yt. they shall
be without all remedy by actions of debt or otherwise, have
obtained an Act of Assembly in yt. Province, giveing them
remedy for recovery of ye sd. arrears by action of debt, which
Act is very injurious to ye Ld. Baltemore, in yt. the sd. Bennet
and Heath have not complied on their part in finishing all ye
rent roles; ye sd. Act being also grownded upon two gross
mistakes in Law, ye one is, that although ye remedy by distress
is gon, after ye end of ye sd. term for 8 years, yet ye remedy
by action of debt remains good to them, wch. is as much as this
Act provides, and such remedy is and ought to be had only in
ye Provinciall Court there, and no statute of limitations can
barr or hinder them, but by theire owne gross neglect; ye other
mistake is, yt. ye Act supposes yt. my Ld. Baltemore's receipt
of a year's rent after ye end of ye sd. term will extinguish or
discharge ye arrears, this is allso an error, for my Lord's receipt
of a subsequent rent might debarr his Lordship of a former rent
due to himselfe, but cannot prejudice ye right and just demands
of others; and as yt. Act of Assembly is in favour of ye sd.
Bennet and Heath, for whose benefit it is aleadged to be made,
soe it is really prejudicall and injurious to my Ld. Baltemore,
to prejudice whom it seems to be contrived and framed, for it
contains a clause yt. no orphan shall be sued in an action of
debt for arrears of rent till 5 years after such orphan attains
his age, wch. is to introduce a strange and unreasonable law,
and thus instead of my Ld. Baltemore's rent-roles being retrived
and made good againe, his Lordp. is not only left in ye darke by
those yt. shoud have don yt. worke, being ye cheife consideration
for farming ye rents to ye sd. Bennet and Heath, but put to
greater inconvenience then before, and ye further to disable
his Lordp. from coming to ye right knowledge of his affairs in
Maryland, by ye assistance of such friends and Agents as his
Lordp. has there, another Act of Assembly is made, yt. his
Lordp.'s Agents shall certifie into ye Secratary's Office ye
instructions and conditions of ye Plantations, with ye ffees by
them demanded, and obliging all his Lordp.'s deputy-surveyours
to qualifie themselves according to Law; as for ye instructions
and conditions of ye Plantations, every pattentee knows by
his grant or pattent what concerns himselfe, why shoud this
be certified into ye Secratary's Office ? and as for my Lord's
Agents or Surveyors qualifieing themselves according to Law,
it is the same as if all the noblemen and gentlemen's stewards
or agents in England should be put to qualifie themselves in
such manner as Magistrats, officers, and publicke Ministers of
Justice are required to doe, wch. would be absurd and troblesome;
however, his Lordp. desires to employ none yt. shall refuse to
take any oath of fidelity or obedience to H.M., and if they exact
any fees that are not due and accostomed, ye Courts of Justice
are there open as in England against all exactions and extortions
whatsoever, where good and sufficient remedy is to be had against
all such offences; it is observable in this Act of Assembly there
is not so much as a colour given or alledged of any abuse in my
Lord's Agents or Surveyours concerning unjust demands of fees,
as in truth there has been noe occasion of complaint given, and
why there shoud be any Act of Assembly for redress, where there
is no grivance soe much as suggested, is not to be understood.
Endorsed, Recd. Read Feb. 20, 1707/8. 1 large p. [C.O. 5, 716.
No. 42; and 5, 727. pp. 25–29.] |
Feb. 20.
Boston in New England. |
1347. Capt. Redknap to the Council of Trade and Plantations. There was an expedition in May last, form'd by H.E.
Col. Dudley and the General Assembly of the Massachusetts
Province against H.M. Enemies, the French and Indian rebells
in the severall parts of Nova Scotia and L'Accidie. The
Governour caused to be raised 1,100 men for the said service,
all vollonteers, and as good Officers as could be found in the
Country at the head of them, the men were well armed, and part
of them in regimentall clothing, beleiving it would add life to
the service. As H.M. Engenier, I was ordered by H.E. to
imbarque with the forces, with the charge of carring on the
trenches, in case we should find ourselves capable of laying siege
to the Enemies' principall place of strength, the fort of Port
Royall, we imbarked May 12 att Nantaskett (or Boston) with
a sufficent quantity of provisions and ammonition, and 8 field
peces and 2 small morters, we came to an anchor the 26th in
Port Royall bay, where we landed the same day, and took
posession of the ground a small distance from the Fort with
little loss, we lay before the fort 10 days without being able to
gett our guns or morters before the place, by reason of the
extream woods and marshes, we must of necessity pass for neare
6 miles togeather, and the great hazard of transporting our
artillery in small boats, we not being acquainted with the River.
The difficultys being such, the Commander in Chief called a Councill
whither they should attempt besieging the Enemie, or lying before
the place, and starve them, the Commander finding by Deserters and
prisoners that we took, that the Enemy had upwards of 500
fighting men in the fort and 12 months' provision, so that they
came to a resolution to distroy the Enemy's settlements, which
was done effectually for near 20 miles togeather, by burning
theire houses, killing the cattle, cutting theire dams, and
drowning theire corn and pastures, which I judge will reduce
them to the last necessity. The Fort of Port Royall is a fortification of 4 bastions, a half moon and a large battery, to command
the Port, there is 38 gunns mounted and 2 large morters, with
large quantitys of ammonition, your Lordships shall have a
plann of the place, what I have to add, I now send your
Lordships a plan by H.M.S. Depford, that your Lordships may
better judge of the Enemy's strength in these parts, the rather
because I perceive the Governour is reflected upon by some
malitious men that love change and themselves to be masters
of all things, though theire number is very few, yett two of them,
and I think no more, are Minesters in this town, which make all
the noyse they can invent. We have no regular Companys
in these parts (but Millitia only) and are very difficultly governed
especialy in any action that is hazardous, to my knowledge the
best Officers and men that could be pick't out of the whole
Province, were imploy'd in this Expedition, and I think it
impossible to have done more, unless we had had cannon and
morters superiour to theires, to have thrown away the Country
people in assaulting the place to no effect had been much worss,
we had not above 30 men killed in the whole Expedition; we
brought away a number of the Enemy prisioners, and burnt their
houses to the gates of their fort, I beleive 150; kill'd 1,000 head
of cattle, and all their sheep and swine, etc. If we had sustain'd
so great a loss upon any settlement of this province, then they
would make a clamour of our being undon. The country is
well defended, and universaly satisfied, if a very few men, who
are of an insolent spiritt, would be contented in doing theire
dutys, I am apt to beleive they will never be easey with anybody.
Signed, J. Redknap. Endorsed, Recd. 16th, Read 23rd July,
1708. 4¾ pp. [C.O. 5, 864. No. 233; and 5, 912. pp. 485–488.] |
Feb. 20.
St. James's. |
1348. Order of Queen in Council. Approving Representation of July 1, 1707, relating to the tobacco trade, and directing
that orders be given accordingly. Set out, Acts of Privy Council,
II. pp. 536, 537, q.v. Signed, John Povey. Endorsed, Recd. 4th,
Read March 5, 1707/8. 1½ pp. [C.O. 5, 1316. No. 1; and 5,
1362 pp. 288, 289.] |
Feb. 20.
St. James's. |
1349. Order of Queen in Council. Repealing Act of
Carolina, to encourage the settlement of this Country, etc. See
Nov. 12, 1707. Signed, John Povey. Endorsed, Recd. Read
March 2, 1707/8. 1½ pp. [C.O. 5, 1264. No. 28; and 5, 1292.
pp. 31, 32.] |
Feb. 20.
St. James's. |
1350. Order of Queen in Council. Confirming several Acts
of Bermuda, 1690–1704, according to Representation of June 27,
1707. Signed, John Povey. Endorsed, Recd. Read March 2,
1707/8. 3¾ pp. [C.O. 37, 8. No. 44; and 38, 6. pp. 320–325.] |
Feb. 20.
St. James's. |
1351. Order of Queen in Council. Repealing 5 Acts of
Bermuda, 1690–1704, as proposed by Representation of June 27,
1707, q.v. Signed and endorsed as preceding. 1½ pp. [C.O.
37, 8. No. 45.] |
Feb. 20.
[Whitehall.] |
1352. W. Popple, jr., to William Penn. The Council of
Trade and Plantations desire to speak with you on Tuesday,
or at any other time which you will please to let me know, concerning the boundaries of Maryland and Pensylvania. See Jan. 8.
[C.O. 5, 1292. p. 30.] |
Feb. 20.
Whitehall. |
1353. W. Popple to W. Lowndes. The Council of Trade
and Plantations having, by the returns made them by the
Commodores of the Newfoundland convoys, been informed that
considerable quantities of wine, brandy, salt, oyle, French linnens,
etc., are carried to Newfoundland by our ships that fetch salt
from Portugal, and that the said commodities are at
Newfoundland truck'd with the Masters of New England ships
for tobacco, sugar and other of the enumerated commodities,
which are then carried to Portugal and other foreign markets
in the streights, their Lordships desire you to move the Lord
High Treasurer that they may have the opinion of the
Commissioners of H.M. Customs how this irregular practice
may be prevented. [C.O. 195, 4. pp. 438, 439.] |
Feb. 21.
Ratclif. |
1354. Mr. Conaway to Lord Baltimore. The day the
observation was made on Palmer's Island was Feb. 28, 1682/3,
with an instrument of 10 feet radius. The sun's meridian altitude
being that day 46°26, which (after it was wrought according to
Art) produced for ye latitude of that place 39°44. Signed, James
Conaway. Endorsed, Recd. Read Feb. 23, 1707/8 Addressed.
1 p. [C.O. 5, 716. No. 43.] |
| Feb. 23. |
1355. Mr. Heysham and Mr. Royle to the Council of Trade
and Plantations. Refer to recent irregularities by the Governor
and Council of Barbados, Nov., 1707, in favour of Col. Cleland and
Col. Holder etc., and pray the Board to represent these
transactions to H.M., in order that the Law to ascertain the payment of bills etc., dispensed with by the Governor, may have
effect. Signed, William Heysham, John Royle. Endorsed,
Recd. Read Feb. 23, 1707/8 1 p. [C.O. 28, 11. No. 1; and
29, 11. pp. 202, 203.] |
Feb. 23.
Kensington. |
1356. H.M. Warrants appointing John Contee, Samuel
Young, and Thomas Greenfield to the Council of Maryland in
the room of John Addison, Robert Smith and James Saunders,
decd. Countersigned, Sunderland. [C.O. 5, 210. p. 88.] |
Feb. 23.
Kensington. |
1357. H.M. Warrant appointing Dixey Percival AttorneyGeneral of Jamaica upon the death or resignation etc. of Robert
Hodgskin. A clause to be inserted in his Letters Patents obliging
him to actual residence and to execute the office in his own person.
[C.O. 5, 210. pp. 89, 90.] |
Feb. 23.
Kensington. |
1358. H.M. Warrant for dismissing Thomas Brook from
the Council of Maryland and appointing Seth Biggs in his place.
Countersigned, Sunderland. [C.O. 5, 210. pp. 90, 91.] |
Feb. 25.
Boston. |
1359. Mr. Addington to Mr. Popple. Gives list of papers
transmitted by Governor Dudley Nov. 10, 1707. Signed,
Isa. Addington. Endorsed, Recd. 16th, Read 19th July, 1708.
2 pp. [C.O. 5, 864. No. 232.] |
Feb. 25.
Whitehall. |
1360. The Earl of Sunderland to Governor Handasyd.
Recommends Mr. Percival (cf. Feb. 23) to his protection etc.
Signed, Sunderland. [C.O. 5, 210. p. 92.] |
Feb. 26.
Whitehall. |
1361. Council of Trade and Plantations to Governor Parke.
Enclose Additional Instruction relating to House-rent. [See
Jan. 8 and Feb. 3.] You are to take care that H.M. pleasure
herein be punctually obeyed. [C.O. 153, 10. pp. 124, 125.] |
Feb. 27.
Whitehall. |
1362. W. Popple to Josiah Burchett. The Council of
Trade and Plantations find that Capt. Underdown has not given
a perfect answer to one of his Instructions, having only made
a return of the provisions remaining at Newfoundland on
June 28th last. They therefore desire you to move H.R.H.
that Capt. Underdown may give them an account how the three
years' provisions have been disposed of, or the reasons of his not
taking such an account. They desire to know the name of the
Commodore appointed for this year's convoy for Newfoundland,
and also when he will be ready to sail. [C.O. 195, 4. pp. 439–441.] |
