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, December 1705
Colonel Nicholson, late Governor of Virginia, attending, presented to their lordships several letters from Colonel Seymour, Governor of Maryland, and from the Lord Cornbury, Governor of New Yorke; and thereupon ordered that the said letters be minuted and laid before the Board.
Their lordships gave directions for preparing a representation upon two Acts past in Maryland in October, 1704 [fo. 118, 122], relating to popery, mentioned in the minutes of the 29th of the last month.
Colonel Blakiston attending, communicated to their lordships a minute of the Councill of Virginia of the 16th of August last, whereby it appears that the Councill concur with the Governor in the appointing of Colonel Blakiston agent for solliciting the affairs of that province, which was read.
Ordered that a letter be writ to the Turkey Company [fo. 104, 128], for their opinion upon the Imperial Minister's two memorials relating to the carrying on a trade to Turkey through Germany and Hungary, sent them in the Secretary's letter of 20th November last.
Some doubts arising upon the consideration of the two Acts of Maryland relating to popery [fo. 122, 145], their lordships directed a letter to be writ to Mr. Attorney General for his opinion thereupon.
A letter from Mr. Secretary Hedges of the 4th instant [fo. 102], signifying her Majesty's approbation of a representation of the 14th of November last, proposing that Mr. Bridger be sent to New England for the instructing the inhabitants in the best method of making pitch and tar, and directing the Board to prepare a commission and instructions for the said Bridger, was read; and thereupon ordered that a draught of such instructions be prepared accordingly [fo. 335, 132].
A letter from the Lord Cornbury, Governor of New Yorke, of
the 8th of July last [fo. 127], was read, and the papers therein refer'd
to laid before the Board, vizt.:
Papers therein refer'd to.
Copy of the Lord Cornbury's speech to the Assembly of New Yorke the 11th June last, recommending the affairs of that province to their care and consideration.
Copy of a bill for levying and collecting the summe of 1,700l. for the defence of the province.
Copy of the amendments made by the Councill to the bill sent up by the Assembly for levying and collecting the summe of 1,700l. for the defence of the frontiers &c.
Copy of the Assembly's message to the Councill, when they returned the Bill for raising a revenue &c., refusing to admit of any amendments thereto.
Account of ordnance stores expended [fo. 312] in New Yorke from May, 1702, to February 16th, 1704/5, attested by the Lord Cornbury.
Colonel Maycock presented to their lordships Mr. Attorney General's report, in answer to a letter writ him the 29th of October last [fo. 81], upon a petition of the said Maycock's to her Majesty, complaining of the proceedings of the Court of Chancery in Barbadoes against him at the suit of Josias Harrison, who obtained a sequestration against the petitioner's estate &c., which was read; whereupon Colonel Maycock said that the persons into whose hands his estate is sequester'd have given no security to be answerable for the produce and profits thereof; that if the said estate may be put into his or his attorney's hands, or into the hands of Captain John Maycock, Mr. Thomas Horn, Lieutenant-Colonel Richard Downes, Major Giles Hall, Captain William Cole, or any three of them, till the decision of the suit depending between him and the said Harrison, they will give security in the summe of 10,000l. to be answerable for the produce and profits of the said estate. He further said that it is a constant practice in Barbados that attorneys appear as parties defendents in the absence of the persons concerned, as is more particularly set forth in Mr. Squire's affidavit annexed to Mr. Attorney's forementioned report: whereupon ordered [fo. 133] that Mr. Chilton, Attorney General of Barbados, have notice to attend the Board to-morrow morning, in order to inquire further of him into the methods of the proceedings of the courts in Barbados in these matters. And their lordships agreed to represent to her Majesty [fo. 134] that her Majesty's letter be writ to the Governor of Barbados, inclosing a copy of the said Maycock's petition with a copy of Mr. Attorney General's report thereupon, directing the Governor to see that justice be done the petitioner, and further proposing that the persons in whose hands the said estate is do give security, or that, upon Colonel Maycock's giving such security as is above proposed, his estate be sequesterd into the hands of the persons above named or any three of them.
The copy of an Order of Councill of the 29th of the last month [fo. 117], upon a representation of the 28th of the same, proposing that Mr. Alexander Walker may be put into the Councill of Barbados in the room of Mr. Middleton Chamberlain, admitted into that place by the Governor, approving the same, was read.
Copies of three Orders of Councill of the 29th of November last [fo. 110], upon a representation of the 21st of the same, proposing that Mr. Richard Townley, Mr. Daniel Cox and Mr. Roger Mompesson be of the Councill of New Jersey, approving the said representation, were read.
Their lordships then entred upon the consideration of the papers mentioned in yesterday's minutes [fo. 124, 129] to be received with the Lord Cornbury's letter of the 8th of July last, and gave directions for an answer to that part of the Lord Cornbury's foresaid letter, which relates to a bill for levying the summe of 1,700l. for the defence of the province, and their lordships agreed to proceed further in the consideration of the said papers and letter to-morrow morning.
Mr. Wotnoth, secretary to the Turkey Company [fo. 122], presented to their lordships a memorial from the said Company, in answer to the memorial of Monsieur Vecelly sent them in a letter of the 20th of November last, which was read.
Copy of an Order of Councill of the 29th of the last month [fo. 90, 147], upon the petition of George Lillington, praying to be heard upon an Order in Councill of the 26th of October last, upon a representation of this Board of the 22nd of the same, appointing a day for hearing the petitioner, was read.
Copy of an Order of Councill of the 29th of November last upon the petition of the agents, and of several gentlemen and merchants concerned in Barbados, praying that her Majesty's forementioned Order of the 26th of October last be discharged, appointing a day for hearing the petitioners, was read.
Copy of an Order of Councill of the 5th instant, referring the petition of Edward Chilton, esquire, Attorney General of Barbadoes, praying an appeal from judgements given against him in that island to the Right Honourable the Lords of the Councill for hearing of appeals to consider of that matter, was read.
Their lordships went through the consideration of the papers referr'd to [fo. 127] in the Lord Cornbury's letter of the 8th of July last, and gave directions [fo. 130] for preparing an answer to the said letter.
A letter from Colonel Dudley, Governor of the Massachusets Bay, dated at Boston the 10th of March last, was read, and their lordships agreed to proceed to-morrow morning in the reading the remainder of Colonel Dudley's letters, in order to prepare an answer thereunto.
Colonel Lodwick presented to their lordships An Act, past at New Yorke, declaring the illegality of the proceedings against Colonel Bayard and Alderman John Hutchins for pretended high treason, and for reversing and making null and voyd the said judgments, and all proceedings thereon, which had been passed in pursuance of her Majesty's Order in Councill [I. fo. 323] of the 18th of December, 1704, upon a former Act with the same title, together with a memorial praying their lordships to lay the said Act before her Majesty for her royal confirmation, which were read; and their lordships agreed [fo. 133] to take the same under consideration the first opportunity.
Mr. Phips attending [fo. 104], acquainted their lordships that he had no instructions from Colonel Dudley, in relation to the complaints made by Mr. Gallop, Mr. Colman and Mr. Wocker, upon account of a privateer of theirs commissionated by the Governor of Rhode Island, which were sent him in the Secretary's letter of the 16th of the last month, and therefore he desired their lordships would please to send the said complaints to Colonel Dudley for his answer: whereupon ordered that the said complaints be sent to Colonel Dudley accordingly.
The draught of instructions for Mr. Bridger to be Surveyor General of her Majesty's woods in New England [fo. 123, 137], as also for instructing the inhabitants in making of tarr &c., were laid before the Board, and a progress made in the consideration thereof.
A letter from Colonel Dudley to the Secretary, inclosing Colonel Romer's account of ordnance, and promising plans instead of those lost when Captain Cary was taken by the French,—also desiring two able gunners may be sent there, on the English establishment, dated the 22nd of March, 1704/5, was read.
Their lordships took into consideration the New Yorke Act [fo. 131, 135] mentioned in yesterday's minutes, declaring the illegality of the proceedings against Colonel Bayard and Alderman Hutchins &c., and gave directions for preparing a representation thereupon.
A letter from Mr. Secretary Hedges of the 11th instant [fo. 136], referring to this Board the petition of John Smith of Biddiford, praying for an order to the Governor of Virginia to permit a ship of the said Smith's to come for England when the commander shall desire, in case he be not ready to sail with the convoy, was read.
Colonel Maycock and Mr. Chilton, Attorney General of Barbados, attending [fo. 126, 134], and several questions being asked Mr. Chilton in relation to Colonel Maycock's petition, and to the method of proceedings of the Court of Chancery in that island; he said that the attornies for absent persons were always not only allowed to appear for the said persons, but also to be parties in the suit depending, and that it was the constant practice of the island. That Colonel Maycock's case was the first in which a sequestration had been granted in Barbadoes, and that Colonel Maycock's attorneys had offered 10,000l. security if his estate might have been put into their hands, which was refused. To which Colonel Maycock added that the persons into whose hands his estate is put are his avowed enemies.
These gentlemen being withdrawn, their lordships agreed [fo. 125, 135] the draught of a representation upon her Majesty's Order in Councill of the 26th of October last [vide supra], upon the petition of the said Maycock, and ordered the same to be transcribed.
A letter from Mr. Secretary Hedges of the 11th instant, referring to the Board a petition from Mr. Jennings, secretary of Virginia, praying leave to come into England for some short time upon extraordinary occasions, was read, and directions given for preparing an answer thereunto [fo. 136], signifying that their lordships have no objections why her Majesty may not be graciously pleased to grant the said petition.
Upon further consideration of the Act, mentioned in yesterday's minutes [fo. 133], for declaring the illegality of the proceedings at New Yorke against Colonel Bayard and Alderman Hutchins &c. ordered that the said Act be sent to Mr. Attorney General, together with copies of his report of the 31st of August, 1704 [I. fo. 117], and her Majesty's Order in Councill of the 18th of December last [I. fo. 323], upon a former Act with the same title, and that his opinion be desired, whether the persons who were concerned in the proceedings against the said Bayard and Hutchins are sufficiently indemnified and secured by this present Act from prosecutions upon account of what they did by order of those who had power to command them.
The petition of John Smith [fo. 133], praying for an order to the Governor of Virginia that his ship the Factor of Biddiford may be permitted to come from Virginia at any time when the commander shall desire it, in case he be not ready to sail with the convoy, refer'd to this Board in Mr. Secretary Hedges's letter of the 11th instant, was again read, and an answer to the said letter drawn up and signed.
A letter from Mr. Secretary Hedges of the 15th instant [fo. 132, 146], directing a clause to be added to the instructions to be prepared for Mr. Bridger, requiring him to give an account of his proceedings in relation to the making of pitch and tar, to the Governors of each plantation in which he shall be, and also directing [fo. 146] that letters be writ to the said Governors, requiring them to examin such accounts and to transmit the same with their opinions thereupon, was read, and orders given for preparing the said instructions and letters accordingly.
Mr. Fern, Receiver General of the Customes [fo. 105, 138], presented to their lordships the abstracts of the receipts and payments of the Customes from the 25th of December, 1703, to the 29th of September, 1705, inclusive, which were read.
Dr. D'Avenant, Inspector General of the Customes, presented to their lordships [fo. 106, 137] an abstract of his accounts of imports and exports from Christmas, 1702, to Christmas, 1703, which was read. He also presented to their lordships the copy of a memorial presented by him to the Lord Treasurer concerning the free trade now carryed on between France and Holland, which their lordships resolved to take into consideration the first convenient opportunity.
An Order of Councill of the 11th of October last [H. fo. 92] referring to this Board a petition of Thomas Allen [fo. 142], son and heir of Samuel Allen, deceased, proprietor of New Hampshire, setting forth that his said father having brought an ejectment to the Superior Court the 21st of March last against Richard Waldron for part of the lands in the said Waldron's possession, upon which a verdict and judgment passed for the defendant, whereupon his said father appeal'd to the Governor and Councill, but before the same was heard the petitioner's father dyed, whereby the said appeal is abated, and therefore praying that her Majesty's order be given for reviving the said appeal in the petitioner's name, was read, together with a memorial from the said Thomas Allen to this Board upon the same subject; and thereupon ordered that a former Order of Councill [H. fo. 92], upon a representation of this Board [fo. 142], relating to Mr. Allen's title to the lands in New Hampshire, be laid before their lordships in order to their further consideration of that matter.
A letter from Mr. John Smith and Mr. John Lewis, dated in Virginia the 7th of September last, setting forth that having been admitted into the Councill of that province by Colonel Nicholson, and being now left out in Colonel Nott's instructions, they were desirous to justify themselves, if any objections had been made against them, and willing to serve her Majesty in the same place under the present Governor, was read; and it appearing to their lordships that they had been left out of Colonel Nott's said instructions by mistake, they agreed to represent to her Majesty [fo. 147] that the foresaid Mr. Smith be admitted to fill up the present vacancy by the death of Colonel Bird, and further resolved that, upon the next vacancy that should happen in the Councill of Virginia, Mr. Lewis be represented as a fit person to fill up that place.
A memorial from Colonel Blakiston, praying that Mr. William Bird may be admitted to fill up the vacancy in the Councill of Virginia by the death of his father Colonel Bird, was read; whereupon he was acquainted that, though their lordships had a good opinion of Mr. Bird as a fit person to serve her Majesty in that place, yet the forementioned Mr. Smith and Mr. Lewis having actually been in the Councill and only left out by mistake, their lordships thought themselves obliged to reinstate them before they recommended Mr. Bird.
Sir William Gore, Governor, and several of the Hambourgh Company attending [fo. 128], acquainted their lordships that having received a letter from the secretary of this Board of the 7th instant, with an extract of a memorial from Monsieur Vecelly, the Emperor's Commissary of trade, relating to a commerce to be carryed on from England to the Emperor's territories, they had sent a copy thereof to their factors at Hambourgh, and that so soon as their answer should be returned, they would communicate it to their lordships. In the mean time they said that they did not see what advantage could accrue to them by the foresaid proposal of Monsieur Vecelly; for they could, by the present conveyances, bring 250 or three hundred weight of commodities from Dresden to Hambourgh for eight shillings, which they thought as cheap as possible could be; and they added that, if the Emperor was willing to enter into a treaty for the regulating of commerce between England and the Emperor's territories, they had several things to offer to the consideration of the Board: as the prohibition of our perpetuanas and serges &c. in Austria, and the high tolls laid upon our leather and tin &c. Whereupon they were desired [fo. 165] to put these particulars and whatever else they might have to offer in writing, which they promised to do accordingly.
A letter from Colonel Dudley to the secretary, relating to a French sloop loaden with grain brought from Port Royal in Accady by six deserters, dated the 5th of Aprill last, proposing that the produce of the said grain be given to the said deserters as a means to cause a defection in the garrison at Port Royal, was read; and thereupon ordered [fo. 146] that a copy of the said letter be sent to Mr. Secretary Hedges for her Majesty's pleasure thereupon.
A letter from Colonel Dudley, of the 25th of July last, was read; and thereupon directions were given [fo. 146] for writing to Mr. Lowndes upon paragraphs H and Z of the said letter; and to Mr. Secretary Hedges [fo. 146] upon paragraph P; and for representing to her Majesty [fo. 148] what Colonel Dudley writes in paragraphs Q, R and W of the said letter, relating to Connecticut and Rhode Island, as also upon paragraph Cc, relating to coin, and Ff, relating to three Counsellors for New Hampshire; and that paragraphs W and X be sent to Mr. Burchet for the information of his Royal Highness the Lord High Admiral's Councill.
The papers referr'd to in Colonel Dudley's foresaid letter were
laid before the Board, and are as follows, vizt.:
An account of the guns which are in the several forts within mentioned in New England, as also of those which are wanting in each of them.
Account of stores belonging to the castle on Castle Island near Boston in the Massachusets Bay.
Account of powder and small arms in the Massachusets Bay.
Account of gold, silver &c. piratically taken by Quelch &c., and now lodged in the hands of the Treasurer of the Massachusets Bay.
Account of money disbursed out of that taken by the pirates, for the recovery of the effects by them brought in, and in seizing them &c.
The Governor's speech to the Assembly relating to the affairs of his government, May 30th, 1705.
Minutes of Councill in Assembly in May, 1705, relating to Mr. Oakes, Speaker of the said Assembly &c.
Proclamations by Colonel Dudley relating to her Majesty's proclamation for settling the rates of foreign coin in the Plantations &c., and to trade with Spain.
Minutes of the Councill in Assembly in June, 1705, relating to coin and to the payment of the tax of 22,000l.
Colonel Dudley's proclamation relating to trade with the Spaniards.
The Assembly of Rhode Island and Providence Plantation's letter to Colonel Dudley, relating to the quota of men &c. desired from them.
Copy of a letter from the Governor of Rhode Island to Colonel Dudley relating to their quota of men, and desiring that Commissioners on both sides may be appointed to settle methods how the said men shall be subsisted.
Copy of a declaration of the Assembly of Rhode Island, giving power of Vice Admiralty to their Governor.
Copy of a letter from Mr. Colman, the Prince's Receiver for prizes, justifying the Governor of Rhode Island for condemning a Spanish prize without the consent of the Judge of the Admiralty.
Copy of Colonel Paige's petition and others, owners of the brigantine Charles, to Colonel Dudley, disclaiming the Governor of Rhode Island's power of Vice Admiralty.
Account of ships paying powder duty at New Hampshire, from August, 1699, to October, 1703.
Copy of Captain Eason's petition, commander of a mast ship, praying an abatement of the powder duty &c.
Copy of the inhabitants and terre-tenants of the province of New Hampshire's offer to Mr. Samuel Allen.
Account of stores of war in the Fort William and Mary in New Hampshire &c.
Copy of two Acts past in New Hampshire relating to the powder duty laid on ships &c.
Ordered that a letter be writ to Mr. Attorney General [fo. 123, 148] to desire him to let their lordships have his opinion, if possible, to-morrow morning upon the two Maryland Acts, sent him the 5th instant, relating to popery.
A letter to Mr. Secretary Hedges [fo. 141] inclosing the copy of a letter from Colonel Dudley, giving an account of a French ship brought to Boston from Port Royal in Accadie, as also the extract of another letter from Colonel Dudley [fo. 142] relating to the strength of the French settlement at Quebec, was signed.
A letter to Mr. Lowndes inclosing copies of the accounts of the pirates effects [fo. 178] and the disbursements in recovering the same, transmitted with Colonel Dudley's letter of the 25th of July last, as also an extract of the said letter relating to the post office in America [fo. 142], as directed in yesterday's minutes, was agreed and ordered to be sent.
A letter to Mr. Secretary Hedges, with a draught of instructions for Mr. Bridger [fo. 137 and infra; R. fo. 112] for surveying her Majesty's woods on the Continent of America, and for instructing the inhabitants in the best method of making pitch and tar, and of producing other naval stores there, in answer to Mr. Secretary's letters of the 4th and 15th instant, was signed.
The draught of a circular letter to her Majesty's Governors on the Continent of America [fo. 137, 197], requiring them to transmit over accounts of Mr. Bridger's proceedings in relation to naval stores, was agreed and ordered to be transcribed.
The copy of an Order of Councill of the 13th instant [fo. 135], upon a representation of the same date relating to the sequestration of Colonel Maycock's estate in Barbados, approving the said representation, was read.
The copy of an Order of Councill of the 13th instant [fo. 128] vacating the Order of Councill made the 26th of October last, upon a representation of this Board of the 22nd of the same month, relating to Mr. Lillington of Barbados [fo. 212], and directing that the said Lillington to be at liberty to appeal from the judgment against him, if he thinks fit,—that in order thereunto all records and proceedings relating to his case be transmitted,—that his complaint be sent to the Governor and Councill for their answer, and that the fine of 2,000l. [fo. 212] be restored to the said Lillington for his use, he giving sufficient security to abide by her Majesty's determination upon his case, was read.
Mr. Attorney General's report upon two Acts of Maryland relating to popery [fo. 145], which were sent him the 5th instant, was read; and their lordships agreed [fo. 149, 150] to proceed upon the consideration of the said Acts and report to-morrow morning.
Mr. Penn desired that he might have the body of the laws of Pennsylvania [fo. 112, 115, 172] in order to the signing the same according to their lordships' directions of the 22nd of the last month, which were delivered to him accordingly. And he acquainted their lordships that he had somthing to offer to the objections made by their lordships to some of the said laws, which he would do in a day or two, and which he hoped would incline their lordships not to present the said laws to her Majesty to be repealed.
Mr. Thomas Allen attending [fo. 142], and being discours'd with upon the subject of his petition mentioned in the minutes of the 18th instant; ordered that a copy of his said petition be sent to Mr. Attorney General for his opinion [fo. 283] whether it be fit for her Majesty to grant the prayer of the said petition.
The Lord Baltimore presented to their lordships the copy of a memorial from the Roman Catholicks in Maryland to the Assembly there, upon which the Assembly passed a Bill for suspending part of an Act to prevent the growth of popery in that province; whereupon he desired, in consideration that the said suspending Act will expire in six months, their lordships would move her Majesty that the said Act might be continued without limitation of time. He further desired that three chappels, vizt. one at St. Mary's, one at Britain's Bay, and one in the forest in Charles County, might be allowed the Roman Catholicks for places of publick worship.
The draught of a representation upon the two forementioned Acts of Maryland relating to popery [fo. 148, 157] was agreed; and thereupon ordered that it be sent to the Lord Bishop of London for his concurrence, and that his lordship be acquainted that the Board will meet again on Wednesday the second of January.
A letter from Colonel Nott, Governor of Virginia, dated the
22nd of September last, was read, and the papers therein referr'd
to laid before the Board, and are as follows:—
Papers of publick proceedings.
Copy of the Councill's report to Colonel Nott upon the state of the revenue since the death of Auditor Bird.
Copy of two proclamations, the one for confining the civill as well as military officers in their several imployments; the other for discountenancing the persons who run away with the sloop Hannah from Maryland.
Minutes of Councill of Virginia from the 15th August to the 17th September, 1705.