Journals of the Board of Trade and Plantations, Volume 1, April 1704 - January 1709. Originally published by His Majesty's Stationery Office, London, 1920.
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Journal, October 1705
A reference from Mr. Secretary Harley of the 23rd of the last month upon the petition of the Jamaica merchants praying that her Majesty would please to grant them her 8th part of the ship Richard and Sarah, taken by a French privateer and retaken by her Majesty's ship the Rochester, was read; and thereupon ordered that the said merchants have notice to attend the Board on Thursday morning next [fo. 48].
The draught of a letter to Mr. Secretary Hedges upon Mr. Penn's proposal for surrendering his government of Pennsylvania to her Majesty [fo. 43, 53], as also the draught of a representation upon the laws of Pennsylvania [fo. 43, 48], were read; and thereupon ordered that Mr. Penn have notice to attend the Board on Thursday morning next.
A memorial from Mr. Field and Mr. Wyeth [I fo. 416], in answer to Sir Henry Ashhurst's last memorial relating to an Act of Connecticut intituled Hereticks [fo. 50], was read; and thereupon ordered that a draught of a representation be prepared for offering to her Majesty that the said Act be repealed.
A letter from Mr. Secretary Hedges of the 14th of the last month [fo. 37, 53], referring to the Board an extract of a letter from Mr. Broughton, Consul at Venice, with a copy of an Act of that Senate for laying a new duty upon corinths laden on English ships, was read.
Mr. Samuel Shepherd and Mr. Claude Jamineau attending in behalf of the Venetian merchants [fo. 37, 53], they returned to the Board the papers from the foresaid Mr. Broughton, which were communicated to them the 30th of August last, relating to an imposition of ten dollars per 1,000 laid by the Senate of Venice upon corinths shipt in English ships, to commence the 1st of January next, which they said was an equivalent to the 4 shillings per centum laid by the late Act of Parliament upon corinths imported here in Venetian ships. They said that the Venetians were much in the wrong to be offended at the imposition laid here; that they ought rather to take it as a kindness that the said imposition was not laid upon English ships also; that the quantity of corinths imported in English ships was about 3,000 tun per annum; that the Venetians have not had above six ships at most come hither in a year, and that the duty laid upon them is between 3 and 400li. a ship; whereas, if it had been laid upon English ships also, it would have given a great shock to that trade; that they are of opinion that, if the Senate do exact the new imposition of 10 dollars per 1,000, they will in a little time destroy their own trade; for the prime cost of corinths at the islands was 12 duckets per 1,000, the ordinary duty as much, besides this new addition of 10 dollars; so that, with the other charges in lading of their ships, the corinths come very dear on board. Then reckoning the freight home and the duty here (which duty is as much as the whole charge there) they will be so very dear that it will not be worth while to import them. Besides it is to be considered that we can be without their corinths, whereas they cannot be without our woollen manufactures, salmon, red herrings and pilchards, which they cannot be furnished with from other countries. And these gentlemen added that they doubted not but the Venetians would in a little time see their error, when they once begun to percieve their corinth trade to slacken; but, if they should not repeal this additional duty of theirs, then these gentlemen thought it would be prudent that the same duty laid here on the Venetian ships should be laid likewise on English ships, which would soon put a stop to that trade, and thereby be a means to bring the Venetians to reason: however, they said they were informed by their correspondents that the Senate were deliberating about lengthening the time for the commencement of this new duty till Aprill next, in order to see what our Parliament would do thereupon. They further added that they had several things to complain of, if there was to be a Treaty of Commerce with that State [fo. 331], and they instanced in the two following particulars, vizt., that all ships coming to Venice are obliged to pay about 120 crowns per ship for convoys in the Gulph, whereas our ships never had any such convoys, nor are they secured from the French ships even in the Venetian ports, from whence several of them have been taken. That when any ship arrives with fish, the magistrates limit the price at which the fishmongers are to sell it, which is in effect limiting the price we are to sell at.
Mr. Penn attending, and several questions being asked him about the Pennsylvania laws [fo. 44, 51], he said that they were passed by his Deputy Governor, that he had reserved to himself by his commission to the said Deputy Governor a negative upon all the laws so passed by him, that he had not himself as yet confirmed the laws now under consideration, and that he was ready to confirm all such as the Board approved of before they be presented to her Majesty; and he promised to bring to the Board a copy of his commission to his Deputy Governor [fo. 51].
Sir Bartholomew Gracedieu, with several Jamaica merchants, attending, Mr. Secretary Harley's reference upon their petition [fo. 44, 50], praying her Majesty to release to them her 8th part of their ship the Richard and Sarah, taken by a French privateer and retaken by the Rochester man-of-war (mentioned in the minutes of the 2nd instant) was again read; whereupon they said that the reason for their said prayer was the great losses they have sustained by earthquakes, by fire, and now during the war by their ships being frequently taken and carryed in to France, and particularly the loss they have sustained in this ship; for, besides that the hull is so shattered that she can never be made a good ship again, the French took out of her before she was retaken by the Rochester all the indigo, which was the most valuable commodity she had on board, besides 2,500l. in silver, so that the remainder of the cargo with the ship herself are not of considerable value. Captain Wilkinson, the master of the said ship, and the super-cargo attending at the same time, and being asked several questions, they said that their ship had 20 guns and 30 men, nine of which would not fight; that the rest maintained a fight of six hours, and had not been taken but that their mainmast was shot by ye board; that they had five men killed and five wounded, of which last the master was one; that the privateer had 20 guns and 166 men, of which 33 were killed and above 30 wounded. Whereupon their lordships gave directions for preparing an answer [vide infra] to Mr. Secretary Harley's said reference.
A letter to Mr. Secretary Harley [vide supra] relating to the petition of the Jamaica merchants for her Majesty's 8th part of the ship Richard and Sarah, which had been taken by the French and retaken by her Majesty's ship the Rochester, as mentioned in yesterday's minutes, was signed.
Colonel Blakiston presented to their lordships a box of papers which he had received from Colonel Seymour, Governor of Maryland [fo. 59], and thereupon ordered that the letters be minuted and laid before the Board on Thursday morning.
Mr. Penn attending, presented to their lordships a paper containing some objections to one of the Pennsylvania laws [fo. 48, 52], intituled An Act for establishing Courts of Judicature in this Province and the Colonies annexed, and desired that the said law might not be confirmed, but sent back to be amended.
Colonel Maycock desired of their lordships a copy of Mr. George Hayes affidavit relating to Captain Martin's refusing to obey the Governor's warrant for delivery of Mr. Maycock and Mr. Tyrrell on board his ship the Blackwall; whereupon ordered that a copy be given to him accordingly.
Mr. Penn attending, their lordships proceeded in the consideration of the Pennsylvania laws [fo. 51], but some doubts arising relating to a power reserved by Mr. Penn to himself in his commission to his Lieutenant Governor of confirming or disallowing of such Acts as shall be passed by his said Lieutenant Governor, their lordships gave directions for preparing a letter and quæres to Mr. Attorny General thereupon [fo. 53].
Ordered that a letter be writ to Mr. Penn to know whether he desire the Board should proceed to a report to her Majesty upon his proposals for a surrender of his government of Pennsylvania singly [fo. 44, 57], without staying for a determination about the laws.
A letter to Mr. Secretary Hedges, in answer to his of the 3rd July, 24th, August and 14th of September last [fo. 35, 45], upon Mr. Broughton's papers relating to the trade to Venice, (fn. 1) was signed.
A letter from Colonel Nicholson, Governor of Virginia, dated the
25th of July last, was read, and the papers therein refer'd to laid
before the Board, and are as follows, vizt.:
Address of the Assembly to her Majesty upon the success of her arms near the Danube.
Address of the Grand Jury to her Majesty, congratulating the success of her Majesty's arms near the Danube, and thanking her Majesty for continuing Colonel Nicholson Governor of Virginia.
Address to her Majesty from the Assembly [fo. 58], justifying themselves from the misrepresentations of Colonel Robert Quary.
List of tythables and of the tobacco levyed upon them in April, 1705.
Copies of several proclamations &c.
Dockets of causes tried in the several County Courts in Virginia, from 1703 to 1705.
Colonel Carter, late Treasurer's account made up with the Assembly begining Aprill 28th, 1704, and ending the 2nd December following.
Account of the quit-rents &c. for the year 1704.
An account of the revenue of 2 shillings per hogshead &c. from the 25th October, 1704, to the 25th of Aprill, 1705.
An account of the revenur of 2 shillings per hogshead from the 25th April, 1705, to the 20th July following, as also an account of the salary due to Colonel Nicholson.
Mr. Treasurer Beverley's account of the impositions on liquors, servants and slaves to May, 1705.
An account of the money ordered by the General Assembly in Aprill, 1705.
Copy of the rent rolls of the several counties' for the year 1704.
A copy of Mr. Robert Beverley's letter and papers sent to the General Assembly, with their proceedings thereon.
An abstract from the reports of the Committee of Publick Claims in Aprill, 1705.
List of patents for land signed the 2nd of May, 1705.
Proceedings of the Governor and Councill relating to the ship[s] Strumbelo, Orford and Hastings, and the fleet bound out for their convoy, 1705.
Copies of the answers sent by the several vestries to Colonel Nicholson's orders with Sir Edward Northey's opinion concerning induction of ministers &c.
Abstract of naval officers' lists of ships cleared outwards from May, 1704 to the 22nd July, 1705.
Naval officers' lists of ships cleared outward from May, 1704, to the 22nd July, 1705.
Minutes of Councill from the 8th of August, 1704, to the 10th of February, 1704/5, inclusive.
Minutes of Councill from the 19th of Aprill, 1705, to the 30th of June following.
Minutes of Councill in Assembly from the 18th Aprill, 1705, to the 12th of May following.
Minutes of Assembly from the 18th of Aprill, 1705, to the 12th of May following.
Seven Acts past at a General Assembly in Aprill, 1705.
A letter from Colonel Winthrop, Governor of Connecticut, to the Board, dated the 15th of March, 1704/5, wherein he acknowledges the receipt of their letters about coin and a day of thanksgiving, and gives some account of the Mohegans' complaints &c., was read [H. fo. 465; fo. 166].
A Letter from Mr. Clifford [fo. 23 &c.] desiring that the States may be moved to permit him to sell his estate in Surinam &c., and that they may account for some sugars belonging to him since his coming from that colony, was laid before the Board.
Mr. Penn attending [fo. 53, 59], and being asked whether he would have his proposals for a surrender represented to her Majesty without staying for a determination upon the laws, he said that he did not desire the said proposals should be reported untill the laws of Pennsylvania (not objected against) be confirmed, unless he can have an assurance that the said laws shall receive her Majesty's confirmation afterwards; however he desired their lordships would proceed so far as to draw up and agree their report, that it may be ready to be laid before her Majesty at the same time with the laws.
Colonel Quary attending, and being asked some questions about the address of the Assembly of Virginia, relating to himself, and mentioned in the minutes of the last meeting [fo. 54], he said he had seen the same in Virginia, and would give their lordships an answer thereunto in writing [fo. 75], as also an account of several other things, and particularly of the detriment that will accrue to the Virginia and Maryland trade by sending two convoys a year.
The copy of a commission constituting Mr. Robert Livingston town clerk, clerk of the peace and clerk of the common pleas in the county and city of Albany, and secretary for the Indian affaires at New Yorke, was read.
A letter from Colonel Seymour, Governor of Maryland, dated
the 29th of September, 1704 [fo. 51, 115] was read, and the papers
therein refer'd to laid before the Board, and are as follows, vizt.:
Copy of Captain Richard Johnson's narrative of his proceedings in obtaining his liberty and bringing in the French ship prize to Maryland, dated August the 10th, 1704.
Copy of Colonel Seymour's letter to the Councill and their answer, about the condemnation and disposition of a French vessell brought in prize there, dated September 9th, 1704.
Paper about a French prize sent to Mr. Lowndes.
Which last paper having been formerly received from Colonel Quary, was sent to Mr. Lowndes the 23rd of January last, to be laid before the Lord High Treasurer.
Ordered that copies of paragraphs C and D in the foresaid letter of Colonel Seymour's relating to papists and priests in Maryland, and an extract of the Lord Baltemore's patent [Maryland Entries, volume 1st, fo. 3] relating to ecclesiastical power, be sent to Mr. Attorney General [fo. 72] for his opinion whether the laws of England against Romish priests be in force in the Plantations, and whether her Majesty may not direct Jesuits (as Romish priests) to be turned out of Maryland.
Colonel Clealand and Mr. Holder presented to the Board a memorial [fo. 3, 67, 71] from themselves and the other agents of Barbados relating to the ill state the island is reduced to by the putting in execution her Majesty's proclamation for regulating the rates of foreign coines in the Plantations, and desiring some speedy remedy therein, was read; and they being acquainted that that matter now stands refer's to Mr. Attorney General for his opinion therein, they said they would attend Mr. Attorney General and procure his speedy report.
Mr. Lillington and Mr. Bernard presented [fo. 28 &c. complaints] to their lordships an Order of Councill of the 11th instant, refering to the Board the petition of George Lillington, esquire, late of her Majesty's Councill in Barbados [fo. 64], complaining of the proceedings of the Superior Court there against him for misdemeanor, and the imposing a fine of 2,000l. upon him, and praying that copies of the commission by which the said Court sat, the summons and returns of the Jurors to serve in the said Court, and the deposition of Thomas Lesley (the only witness against the said Lillington), and all other proceedings and papers relating to the said Lillington's tryal, may be transmitted hither under the seal of that island, and that some person or persons may be appointed or commanded by her Majesty to summon and take the depositions of such witnesses as the petitioner hath there to prove the truth of the allegations set forth in his petition, and to certify the same under the seal of the island, to the end that, if it shall appear that the petitioner hath been unjustly dealt with, her Majesty be pleased to reverse the said sentence, or remit the said fine.
The said Lillington and Bernard further presented to their lordships a copy of Sir Beville Granville's order to Robert Gibbs, deputy auditor of her Majesty's revenue, for receiving the foresaid fine of 2,000l., together with a copy of his receipt to Mr. Lillington for the same; and they desired their lordships would please to dispatch their report to her Majesty thereupon.
Upon consideration of the whole matter, their lordships agreed to represent [fo. 64] that her Majesty be pleased to direct that exemplifications of the commission and of all proceedings and papers reating to the said Lillington's tryal be transmitted to her Majesty in Councill under the seal of the island, and that a commission of inquiry be directed to a quorum of the Councill, or to any other persons her Majesty shall think fit, to take affidavits, according to the prayer of the petition, and that in the meantime her Majesty would order the 2,000l. to remain in the hands of the deputy auditor till her Majesty's pleasure be known.
Their lordships took into consideration the report to be made upon the Order of Councill (mentioned in yesterday's minutes) relating to Mr. Lillington's petition [fo. 61, 65, 66], and gave directions for drawing the same to the like effect as was reselved at the last meeting [fo. 63, 66], vizt., that the Councill, or a quorum thereof, or such other persons as her Majesty shall appoint, be impowered to take in Barbados depositions relating to his tryal as shall be brought to them in writing to the particulars mentioned in the prayer of the petition, those depositions to be transmitted to her Majesty in Councill, and copies thereof to be communicated to the persons concerned there who shall desire the same.
Mr. Clealand and Mr. Holder, agents of Barbados, attending [fo. 63], and desiring a copy of Mr. Lillington's said petition, they were told that their lordships did not think it proper to give such copy till they had reported their opinion to her Majesty, but after that would give them whatever might be fit.
Mr. Roger Lillington attending, presented to the Board a petition in behalf of Mr. George Lillington [fo. 64, &c. 66], late of the Councill of Barbadoes, praying that the fine of 2,000l. laid upon the said George Lillington by a Court of Oyer and Terminer, for speaking reflectingly of Sir Beville Granville, Governor of Barbados (which fine he has paid to the deputy auditor of the said island) may be returned to the said George Lillington upon his giving sufficient security for repaying the same there, when the matters upon that head now depending before her Majesty shall be determined, was read; and their lordships agreed to report the same to her Majesty accordingly.
Then their lordships again took into consideration the report to be made upon the Order of Councill upon Mr. Lillington's petition [fo. 64, 68] (mentioned in yesterday's minutes), and made a further progress therein.
Colonel Clealand and Mr. Holder, agents of Barbados [fo. 64, 65], attending, acquainted the Board that Sir John Stanley had received the proceedings of a Court of Oyer and Terminer, held in Barbados the 14th of June, 1705, under the great seal of the island, containing the tryal of Mr. Lillington and others; and that Sir John would be in town to-morrow, when they promis'd [fo. 68] to bring the said proceedings to the Board.
The Lord Baltemore attending [fo. 60, 72], part of paragraphs C and D of Colonel Seymour's letter of the 29th of September, 1704, relating to the assiduity of the Papists and Jesuits in Maryland to promote their superstitions, their consecrating chappels and entring into the houses of Protestants when dying, terrifying them with damnation to change their religion, and publickly saying Mass in their chappel at St. Mary's whilst the Country Court was sitting there, was read; to which his lordship answered that he knew not of any Jesuits going to Maryland since his coming from thence, which is now about — years ago, nor of above four in all that are now there; and that as to Masses being publickly said when the County Court was sitting, he did believe that might happen by the said Courts sitting on a holiday, but that the chappell was half a mile from thence. His lordship added that he would not incourage anything that was irregular or unwarrantable, and at the same time promis'd to write to his friends and correspondents in Maryland [fo. 160] to prevent the like proceedings for the future; which their lordships ordered to be accordingly writ to the Governor.
Ordered that a letter be writ to Mr. Attorny General for his speedy answer to the letter writ him ye 4th July last [fo. 3, 71] relating to the disobedience of ye Propriety Governments to her Majesty's proclamation for settling the rates of foreign coin in the Plantations.
A letter from Colonel Cleland, one of the agents of Barbados [fo. 66], inclosing the proceedings of a Court of Oyer and Terminer held there the 13th of June last, under the seal of that island, containing the tryal of George Lillington, esquire, and others, was laid before the Board; and their lordships thereupon went through with the report [fo. 66, 81, 83] (mentioned in the minutes of the 19th instant) relating to the said Lillington, and signed the same, as also a letter to Mr. Secretary Hedges, inclosing the said report.
A letter from Mr. Lowndes of the 19th instant for preparing the draught of a circular letter to the Governors of Jamaica, Barbados and the Leeward Islands to be aiding, assisting and incouraging to the agents appointed for the management of prizes in their several Governments, and to interpose with their authority and advice in all differences that may arise between the said agents and the captains of her Majesty's ships of war and others concerned, and to transmit from time to time all manner of proceedings relating to prizes, was read, and directions thereupon given for preparing the said draught of a letter accordingly [fo. 70].
A letter from Mr. James Campbell of the 18th instant [fo. 24, 169], relating to advices he has received from his correspondents at Newfoundland of the continued incursions which the French make there &c. and proposing that a packet boat be settled for corresponding with Newfoundland, was read; and thereupon a letter to Mr. Secretary Hedges inclosing the same, was signed.
Ordered that a letter be writ to Mr. Burchet to the like effect as that to Mr. Secretary Hedges, inclosing a copy of the said Campbell's letter, and to desire to know what intelligence he may have received from the commander of this year's convoy, or otherwise, relating to Newfoundland.
The draught of a circular letter to the Governors of Jamaica, Barbados and the Leeward Islands [fo. 68], in pursuance of Mr. Lowndes's letter relating to prizes (mentioned in yesterday's minutes) was agreed; and thereupon ordered that a letter be writ to Mr. Anthony Burnaby, secretary to the Commissioners of Prizes [fo. 75], inclosing a copy thereof to be laid before the said Commissioners, for their information and answer.
Ordered that a letter be writ to Mr. Attorney General inclosing an Act past at Nevis the 20th of June last, intituled An Act for quieting John Panton, esqr., his heires and assigns in the possession of a certain parcell of land with the improvements thereon made in St. Christopher's, for his opinion thereupon in point of law, and particularly inquiring whether the letters patent mentioned in the said Act be good and valid, as being granted before tryal and conviction.
Colonel Cleland attending, presented to the Board several depositions which he has lately received from Barbados in favour of Mr. James Colleton [N. fo. 156], shewing that he had not any ways given obstruction to the course of justice in a cause depending between himself and Sir John Colleton; whereupon ordered that a letter be writ to Sir John Colleton to acquaint him therewith, and that he may see the said depositions when he will call here.
Mr. Attorney General's report in answer to the letter writ him the 4th July last [fo. 67] relating to her Majesty's proclamation for settling the rates of foreign coin in the Plantations, was read; and directions were given [fo. 72] for preparing a representation to her Majesty thereupon.
Mr. Attorney General's answer to the several quæres sent him the 12th instant relating to the laws of Pennsylvania &c. [fo. 53, 78] was read; and thereupon ordered that a letter be writ to Mr. Penn inclosing a copy of the said answer.
A report from Mr. Attorney General in answer to the letter writ him the 16th instant [fo. 60, 66], relating to Papists, Jesuits and Romish priests in Maryland, was read; and thereupon ordered that the Lord Baltemore be acquainted [fo. 76] that the Board desire to speak with him on Fryday morning next.
Mr. Attorney General's answer to a letter writ him the 6th of July last [fo. 6] relating to fines, forfeitures and escheats, as also to the power of appointing rangers of woods in New Jersey, was read; and thereupon ordered that copies thereof be sent to the Lord Cornbury, Mr. Docmenique and Mr. Dockwra for their information.
Their lordships took into consideration the draught of a representation upon Mr. Attorney General's report relating to her Majesty's proclamation for settling the rates of foreign coines in the Plantations, and made a progess therein [fo. 71, 73, 84]. and ordered that Mr. Bridges and some of the Barbados merchants [fo. 61 and infra] have notice to attend their lordships to-morrow morning.
Sir John Stanley, Mr. Bridges, Colonel Cleland and Mr. Holder, agents for Barbados, attending [vide supra], they were ask'd several questions upon the memorial they presented to the Board the 17th instant [fo. 61] relating to her Majesty's proclamation for settling the rates of foreign coines in the Plantations. They said that since the putting the said proclamation in execution in Barbados that island was drained of all its current money, but they did not look upon that to be the effect of the proclamation, but of the ballance of trade; for sugar being at a high rate in Barbados, and not bearing a proportionable price there was no profit to be made by the returns of sugars for goods sent from hence, so that the merchants chose rather to make their returns in money than in goods, which is the true reason of the present scarcity of money in that island; and it either is or will be so in all the other Plantations; but when the ballance of trade shall be turned, money will be brought thither again as formerly. They desired that the proclamation might not be repealed, nor even suspended (which would be equally prejudicial), but that it might be inforced by her Majesty's letters to all her Governors and to the Propriety and Charter Governments, requiring them to give a due and punctual obedience to the same. Then their lordships communicated to these gentlemen Mr. Attorney General's report [fo. 71], and the petition of the merchants of New Yorke to the Lord Cornbury upon the same subject, and they promised to bring observations thereupon on Tuesday morning next [fo. 82].
A letter from Mr. Anthony Burnaby, secretary to the Commissioners of Prizes, returning the draught of a circular letter relating [to] prizes [fo. 70, 77] which had been sent him the 23rd instant, with some small amendments, was read; and thereupon ordered that the said circular letter be transcribed fair to be laid before her Majesty.
Colonel Quary presented to their lordships a memorial in answer to the address from the Assembly of Virginia against him [fo. 58, 76, 120], mentioned in the minutes of the 12th instant, which their lordships resolved to take into consideration at the first opportunity.
Whereas amongst the papers mention'd in the minutes of the 12th instant to be received from Colonel Nicholson, there are copies of letters from Mr. Robert Beverley transmitting to the Assembly of Virginia extracts of a memorial from Colonel Quary to this Board, dated the 20th of July, 1703, reflecting upon the people of that province; the secretary acquainted the Board that he had looked over all Colonel Quary's letters and memorials since the year 1700, and could not find any such thing as is contained in the forementioned extract. Whereupon their lordships resolved in their next letter to Colonel Nott to write to him upon this matter.
The Lord Baltemore attending, their lordships communicated to him Mr. Attorney General's report relating to Papists in Maryland [fo. 72], (fn. 2) whereupon his lordship said that he intended to write to his agents and friends there [fo. 160] to caution them against what Colonel Seymour had complained of, and promis'd to send their lordships an extract of his letter upon that subject.
A letter to Mr. Secretary Hedges [fo. 75] inclosing the draughts of circular letters for her Majesty's signature to the Governors of Jamaica, Barbados and the Leeward Islands, relating to the' prize officers, mentioned in yesterday's minutes, was signed and a letter writ to Mr. Lowndes giving him notice thereof.
Mr. John Kirton attending, and desiring of their lordships a copy of the petition of several gentlemen concerned in the island of Barbados in behalf of Sir Beville Granville, which was received at the Board the 8th of February last, as also a copy of the report of this Board of the 29th of March last upon the complaints exhibited against Sir Beville Granville, he was told that the Board's report having been made to her Majesty in Councill, their lordships could not give copies of it without her Majesty' leave; but as for the other paper, their lordships ordered a copy to be given him accordingly.
Mr. Penn attending, he said that Mr. Attorney General's late report upon his laws [fo. 71, 106] need not be any hindrance to their lordships laying the said laws before her Majesty, because those laws were most, if not all, of them past by himself (and not his Lieutenant Governor) in the year 1700 and 1701; however he promis'd in a few days to give their lordships a more particular account of that matter, and he agreed that such laws as are objected against by the Board and Mr. Attorney General be laid before her Majesty to be repealed.
Mr. Dummer presented to their lordships a letter from Mr. Secretary Hedges of the 24th instant [fo. 80], refering to this Board an advertisement proposed by Mr. Dummer to be published in the Spanish and Dutch plantations in America, relating to the sending of letters and packets to and from those parts to Europe by his packet boats, and further directing the Board to consider of establishing a more frequent correspondence between England and Newfoundland, was read; whereupon Mr. Dummer said that as for the later part relating to Newfoundland, he could not undertake it. And their lordships acquainted Mr. Dummer that they did not think it adviseable to publish the advertisement in the Dutch plantations, because they are not allowed to have any commerce or intercourse with our plantations in America, which Mr. Dummer agreed to. Nor did their lordships think it fitting that it should be published in the Spanish West Indies by authority from hence, because of the jealousy it might give the Spaniards of their plantations trading with ours. To which Mr. Dummer reply'd that the Spaniards have given us leave to trade in all their dominions by a declaration lately published at Madrid, a copy whereof he promised to bring to their lordships on Monday next [fo. 80], and in the meantime he desired their lordships would please to write a circular letter to all the Governors in America, recommending to them his undertaking of carrying on a constant intelligence between England and the Plantations [fo. 80]; whereupon their lordships gave directions for preparing such letters accordingly.
Mr. Dummer attending, acquainted their lordships that he had not yet been able to procure the declaration which he mentioned at the last meeting [fo. 79], permitting the Spaniards to trade with England; but that Sir William Hodges had it [fo. 84] and would send it to the Board if their lordships would write for it: whereupon ordered that a letter be writ to him accordingly.
A letter to Mr. Secretary Hedges, in answer to his of the 24th instant [fo. 78, 92] upon Mr. Dummer's proposals for an advertisement to be published in the Spanish West Indies relating to his packet boats (mentioned in the last minutes), was signed.
An Order of Councill of the 26th instant refering to the Board a petition of Colonel Thomas Maycock [fo. 28 &c. complaints], complaining of proceedings against him in the High Court of Chancery in Barbados at the suit of Josias Harrison, who obtained (whilst the petitioner was in England) a sequestration against his whole estate, contrary to the usual practice of the Court of Chancery in England, as well as that of Barbados, and praying that all proceedings against him may be discharged and his estate restored, was read; and after some discourse with Colonel Maycock thereupon, ordered that the said order and petition be sent to Mr. Attorney General for his opinion [fo. 125] what her Majesty may do in point of law for the petitioner's relief, that their lordships may be thereby inabled to report thereupon.
The copy of an Order of Councill of the 26th instant, upon a representation of the 22nd ditto [fo. 68, 83], relating to the petition of Mr. George Lillington, approving the said representation, and directing that the papers desired by the petitioner be transmitted, that the Governor name two of the Justices of the Peace, and the petitioner the other two, who are to take the affidavits desired by the petitioner, and that the deponents be cross-examined, was read.
The copy of an Order of Councill of the 11th instant, upon a representation of the 25th of September last [fo. 42], proposing Colonel Edmund Edlin to be of the Councill of Jamaica, approving the said representation, was read.
Colonel Cleland and Mr. Holder attending [fo. 73, 84], they acquainted their lordships that they had consulted the Barbados merchants in relation to her Majesty's proclamation for settling the rates of foreign coines in the Plantations, who unanimously agree that the repealing or suspending the execution of the proclamation would be of ruinous consequence; for it is not that proclamation that causes the scarcity of coine in Barbados and other the Plantations, but the ballance of trade: and therefore they all desired that her Majesty's letters might be writ to inforce the execution of her Majesty's proclamation in all the Plantations, and offering some further reasons for not suspending the said proclamation, they were desired to put the same in writing, which they promised to do accordingly.
Then these gentlemen desired their lordships would please to give them a copy of their late report to her Majesty [fo. 68, 81, 87] upon the petition of Mr. George Lillington of Barbados; whereupon they were told that it having been presented to her Majesty, the Board could not give a copy of it without her Majesty's leave.
Several Acts past at Nevis in the months of March and July last [fo. 32, 266], as also Acts past at a General Assembly of all the Leeward Islands held at Nevis in June last, lately received from Colonel Jory, were laid before the Board; and thereupon ordered that the said Acts be sent to Mr. Attorney General for his opinion in point of law thereupon.
A caveat, in the name of Mr. Stephen Du Port against the confirming two of the foresaid Acts past at the General Assembly of all the Leeward Islands [fo. 279, 308], and another caveat in the name of Colonel Joseph Crisp against the confirming two other of the said Acts, were laid before the Board, and their lordships resolved to take the said caveats into consideration when the said Acts shall be returned from Mr. Attorney General.
The Acts past at a General Assembly held at Antego in February and March, 170¾, and June and July, 1704 [fo. 88], with Mr Attorney General's report thereupon, were read, and directions given for preparing a representation for laying the said Acts before her Majesty.
A letter from Sir William Hodges, in answer to one writ him yesterday [fo. 80, 85], giving an account of the permission granted by the Duke of Anjou to neutral ships to trade in all the ports of Spain and the Canaries, was read.
Their lordships taking into further consideration the matter of the coin in the Plantations [fo. 72, 82, 89, 91], ordered that some of the merchants trading to New Yorke, Virginia, Maryland, Pennsylvania, Jamaica and the Leeward Islands, have notice to attend the Board on Friday morning next.
A letter to Mr. Secretary Hedges, desiring of him a copy of the Duke of Anjou's declaration [fo. 84, 215] relating to the trade of Spain to be carryed on in Spanish and neutral ships, refer'd to in Sir William Hodges's letter mentioned in yesterday's minutes, was signed.
Another letter from Sir Beville Granville, dated the 16th of July
last, was read, and the papers therein refer'd to laid before the
Papers therein refer'd to.
Proceedings of a Court of Oyer and Terminer from the 12th to the 15th June last.
Minutes of the Assembly from the 28th of November, 1704, to the 18th June last.
Minutes of Councill in Assembly from the 20th February, 1704/5, to the 4th June last.
A letter from Colonel Johnson, Lieutenant Governor of the
Leeward Islands, dated at St. Christopher's the 4th and 27th of
July last, was read; and upon paragraph B in the said letter relating
to the trade to St. Thomas [fo. 87], ordered that the agents have
notice to attend their lordships to-morrow.
Minutes of Councill and Assembly.
Minutes of Councill of all the Leeward Islands from the 23rd May, 1705, to the 25th June following, And
Minutes of Assembly of all the Leeward Islands from the 23rd May, 1705, to the 25th June following, being lately received from Colonel Jory, were laid before the Board.
Another letter from Colonel Handasyd of the 12th of August last,
was read, and the papers therein refer'd to were laid before the
Papers therein refer'd to.
Minutes of Councill from the 10th of July, 1705, to the 10th of August following.
Minutes of Assembly from the 10th of July, 1705, to the 9th of August, following.