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, March 1706
A letter to Mr. Secretary Hedges, inclosing several complaints against Captain Lloyd [fo. 229, 238], and proposing that, in case her Majesty be pleased to send a reinforcement to the garrison of Newfoundland, there be an increase of provisions also sent, was signed.
A letter from Mr. Penn, inclosing a letter from the Lieutenant Governor of Pennsylvania to the Board, as also an address from the traders in Pennsylvania to the said Lieutenant Governor, relating to hardships upon their exportations of tobacco, were read; and thereupon ordered that Mr. Penn be acquainted that the matter of the said address belonging properly to the Commissioners of her Majesty's Customes, he would do well to make his application there.
A letter from Mr. Secretary Hedges of the 1st instant, desiring to know if their lordships have any objections against Mr. Richard Clayton's being made a counsellor in St. Christopher's, was read; and a letter in answer thereunto signifying that, there being at present a vacancy, the Board had no objections why her Majesty might not be pleased to constitute the said Clayton a member of that Councill, was signed.
A letter from Mr. Secretary Hedges of the 28th of the last month, referring to the Board a petition from the Canton of Berne in Switzerland, for settling a colony of natives of Switzerland in Pennsylvania or the territories of Virginia, was read; and Colonel Nicholson attending, and being asked his opinion thereupon, he said that there was no place upon the rivers in Virginia where they could seat themselves, except upon James River, about fourscore miles up the country. He further offered that, before the said Switzers be sent over, it would be expedient that an agent from them be sent to Virginia, to view the place and to provide necessaries for them against their arrival; for, if they were sent as the French Refugees lately were, it would be two or three years before they could be able to maintain themselves, which would therefore be, during that time, a burthen to that province: whereupon their lordships gave directions [fo. 239] for preparing an answer to Mr. Secretary Hedges's foresaid letter.
Colonel Nicholson being then asked several questions upon paragraph M of Colonel Nott's letter of the 24th of December last, relating to the taking up of lands on the south side of Blackwater Swamp, he said that, soon after his going to Virginia, the Assembly did address him for seating that part of the country, which he consented to; but finding that the lands were there taken up irregularly by natural surveys only, he had put a stop to any proceedings therein, and referr'd himself for a further account of that matter to his letter of the 22nd of October, 1703, and the papers therewith transmitted: whereupon ordered that the said papers be look'd out, to be laid before their lordships.
Mr. Bradshaw presented to their lordships a memorial in answer to the heads of complaints against Mr. Jones, Secretary and Provost Marshall of Bermuda [fo. 227], sent him the 25th of the last month, which was read; and Mr. Nodin, attending at the same time, presented to their lordships the affidavits of Stephen Painter, Lewis Johnstown and Nathanael Trout, relating to the irregular proceedings of the said Jones since his last arrival in Bermuda, which were also read. And Mr. Bradshaw being asked for a copy of Mr. Jones's patent [fo. 236], he promised to bring the same tomorrow morning, at which time their lordships resolved to proceed further in the consideration of this matter.
Three letters from Mr. Jones, above mentioned, to the Board, dated the 5th June, 28th July and 8th of October, 1705, together with several demands made by him and the Governor's answer thereunto, were laid before the Board and read.
Mr. Bradshaw and Mr. Nodin attending [fo. 235], acquainted their lordships that they had discoursed together, but could not come to any agreement in relation to Mr. Jones's acting by deputy as secretary and provost marshall of Bermuda, there being no such permission given him by his patent from King William for those places (unless in case of sickness or any other incapacity), a copy whereof Mr. Bradshaw presented to the Board, which was read; and their lordships told them that, for the putting an end to the differences between Colonel Bennet and Mr. Jones, it would be necessary the Governor should appoint a deputy to be commissionated by the said Jones during his absence, and that he the said Jones come to England to give an account of his proceedings there. And their lordships agreed then to take the same into further consideration at their next meeting [fo. 250].
Mr. Nathanael Gould, Mr. Haistwell and other Russia merchants attending, presented to the Board a memorial in answer to the Virginia and Maryland merchants' petition [fo. 226] (mentioned in the minutes of the 25th of the last month), setting forth that they neither have nor know of any persons that have indeavoured to ingross the tobacco trade and carry on the manufacture of it there, and that they had no other aim or design than to dispose of their tobacco now in Russia before it perish'd, which was read. They further added that Mr. Whitworth, her Majesty's Envoy at Moscow, was treating with the Czar in their behalf, either to refund to them the customes which they had paid him on this tobacco, or that he would take the said tobacco off their hands. Their lordships thereupon ordered [fo. 244] that the Virginia and Maryland merchants be summon'd to attend the Board on Tuesday next, and that Mr. Gould and the other gentlemen attend at the same time.
The Board being sent for to the Committee of the Privy Councill, they were amongst other things asked what did chiefly induce them to propose the augmenting the number of soldiers at Newfoundland. To which was answered that it was the invasion of the French the last year of our several harbours in Newfoundland, and the apprehensions there are of their attacking again the forts at St. John's, as they then did to the great indangering of the place, which might be to the utter ruine of the whole fishery; whereupon the Board were directed [vide infra] to take an account of all things necessary to be prepared for receiving the additional number of men, if her Majesty shall think fit to send them. And whereas the Board had transmitted the 1st instant to Mr. Secretary Hedges [fo. 232, 245] several papers of complaints against Captain Lloyd, they are now directed to examin the said papers, and to hear any persons concerning the same.
Their lordships taking into consideration the business of Newfoundland [vide supra], referr'd to them by a Committee of the Privy Councill, as mention'd in the last minutes, made a progress therein, and ordered [fo. 239] that Colonel Richards and Lieutenant Moody have notice to attend the Board to-morrow at 10 a'clock in the morning.
Colonel Richards, late engineer and captain of the garrison at Newfoundland, attending [fo. 238, 241], and being asked several questions in relation to the forts at St. John's in Newfoundland, he said that the present garrison there was not sufficient to defend the place, because part of that garrison must always be at the north and the south batteries, and that he thought two hundred men the least number necessary for the defence of St. John's against a regular attack of the enemy, especially considering that the French have allways 150 soldiers in pay at Placentia, besides their Canadians and Indians, which they can call to their assistance at a short warning; that Fort William is large enough to contain above 200 soldiers; that there are barracks enough at present to lodge the said 200 soldiers, that is so many of them as shall remain there, because of the detachments to be made to the batteries as above said; that there is room for building more barracks if need were; that the barracks at present hold twelve soldiers each, and may very easily be made to contain twenty; that there are barracks at the south battery for twenty soldiers, and room enough to contain sixty. He added that it was absolutely necessary, in his opinion, for the security and good management of the fishery, and for the preventing of abuses and irregularities which may be committed by the captain of the garrison there, that the Commadore of the Newfoundland convoy be constituted by her Majesty's commission Commander-in-Chief of the forts and soldiers there, during his stay in those parts, as has been done of late years, and that even while he was captain and commander of the fort, he looked upon this constitution as safe for him and usefull for the publick.
A gentleman from the Lord Granville attending and desiring leave to inspect the Virginia and Maryland laws, in order to prepare himself for a hearing that is to be on Saturday next before the House of Lords upon two Acts past in Carolina, leave was given him accordingly; and then desiring copies of two Acts past in Virginia in March, 166½, entituled Vestries appointed, and Ministers to be inducted, copies of the said Acts were given him.
Colonel Richards attending, and being again asked several questions in relation to the forts at St. John's in Newfoundland and to the additional number of soldiers proposed to be sent thither [fo. 239, 256], he said that though there were barracks enough in the fort and south battery to contain 200 men, yet there would want boards from England to build lodgings for the officers that shall go with the said additional men, and for enlarging the store houses, as also bricks for building the chimneys of the said lodgings, which may be sent as ballast in the sack ships. He said that there would also want beds and surtouts in case they go well cloathed for the said additional men, as also about 20 watch coats; that there ought to be about 30 men always at the south battery, but that he thought was fit to be left to the discretion of the Commanderin-Chief; that it would be cheaper and better for the garrison if coals were sent them from England than that they should be left to provide their own wood, which by reason of the distance is laborious and difficult to be got. He added that it was necessary that the cask in which the provisions for the soldiers were pack'd up, be very strong and tight.
Lieutenant Moody attending at the same time, confirmed all that Colonel Richards had said at this and the last meeting, and only added that the barracks are built in two sides of the fort; that the soldiers now there take up but one of the said sides, the other being filled with lumber; and he proposed that one of the officers of the garrison be appointed to deliver out the provisions to the soldiers, with an additional allowance of 12d. a day out of the contingent charges.
Lieutenant Moody attending, presented to their lordships a draught of the harbour and fortifications at Placentia in Newfoundland, and being asked what officers there were at present in Newfoundland, he said that there was Major Lloyd, Mr. Latham, captain, and two lieutenants, and one of them, vizt., Thomas Philips, not above 14 years old.
A memorial from Mr. Thurston, agent for the garrison of Newfoundland, with the particulars of necessaries wanting, in pay, cloathing and provisions for the additional soldiers proposed to be sent to Newfoundland, was read.
Mr. Perry, Mr. Hyde, with other Virginia and Maryland merchants [fo. 237], as also Mr. Gold, Mr. Haistwell, and other the first contractors with the Czar of Muscovy attending, the petition of the Virginia merchants, praying that the tobacco trade to Muscovy may be laid open (mentioned in the minutes of the 25th of the last month), as also the answer of the said contractors thereunto (mentioned in the minutes of the 5th instant), were read. And the Virginia merchants being asked what proofs they had for the allegations in their petition, they said that they had no proofs, but that they had heard that the said contractors had sold all their tobacco at Moscow, and were about sending more over, and therefore their desire was that her Majesty would please to direct Mr. Whitworth, her Envoy to his Czarish Majesty, to make application to the Czar that that trade be inlarged and open to all her Majesty's subjects. Unto which the contractors replyed that they had not received any advice of their tobacco's being all sold, nor did they believe it was, and, if any applications were made to the Czar by Mr. Whitworth for opening the said trade before the tobacco they have there be sold, it would infallibly prevent the vending thereof, and that, having already been very great losers by that trade, they hoped the Board would not offer to her Majesty what might be so prejudicial to them, and that they had no objections to the opening the said trade, so soon as their tobacco should be disposed of. Whereupon the Virginia merchants offered that, in case the trade might be opened immediately, they would ingage to take off all the tobacco the contractors have at Moscow, that shall be sound and merchantable, at the same price it was imported thither. But both sides agreeing that in a month or five weeks' time they might have more certain accounts of the disposal of that tobacco [fo. 272], they agreed to attend their lordships again this day month.
Ordered that a letter be writ to Mr. Merret to acquaint him that the Board having before them some complaints against Captain Lloyd [fo. 238, 247, 248] are desirous to speak with him on Thursday morning next.
The Commissioners for exchange of prisoners having sent to desire the names of such English men as were taken prisoners by the French at Newfoundland, and the places where they are at present; ordered [fo. 247] that Mr. Roop be desired to give the Board an account thereof to-morrow morning.
Mr. Jackson, late minister at Newfoundland, attending, and offering to their lordships his answer to the complaints against him [fo. 230, 250], which were ordered to be sent him the 27th of the last month, he was acquainted that it was more proper for him to apply to the Lord Bishop of London.
A letter from Mr. Secretary Hedges of the 5th instant, directing the Board to prepare a declaration from her Majesty to be published by the Commadore of the convoy at Newfoundland for settling a militia there [fo. 248], and such instructions as shall be proper in that behalf, was read, and directions given for preparing an answer thereunto.
Two addresses, the one from the masters of ships in Newfoundland, and the other from the inhabitants of St. John's, to her Majesty in favour of Captain Lloyd [fo. 245, 248], being brought from Mr. Secretary Hedges's office, were laid before the Board; and thereupon ordered that Mr. Jackson, late minister of Newfoundland [fo. 250], be desired to attend the Board to-morrow morning.
Mr. Roop attending according to order [fo. 246], acquainted their lordships that he had not yet got all the names of the English prisoners taken in Newfoundland the last winter [fo. 251], but hoped to be able to lay them before their lordships to-morrow morning.
Mr. Merret attending also, according as he had been desired [fo. 245, 247], the affidavits of the soldiers lately arrived from Newfoundland and an extract of Mr. Jackson's memorial relating to Captain Lloyd [fo. 171] were communicated to him for his answer thereunto, which he promised to bring to the Board on Monday morning next.
Then he presented to their lordships thirteen affidavits of several persons at Newfoundland against Lieutenant Moody; whereupon ordered [fo. 251] that they be communicated to the said Moody for his answer thereunto.
Their lordships took into consideration an Act of Barbados, intituled, An Act to keep inviolate and preserve the freedom of elections and appointing who shall be deemed Freeholders and be capable of electing or being elected Representatives, Vestrymen or to serve as Jurors to try Real Actions within this Island, past there in August, 1697, and thereupon ordered that three clauses of the said Act, which are in folio 276 of the book of laws, be communicated to Colonel Cleland [fo. 252], as what their lordships think not fit to be allowed.
Their lordships also took into consideration another Act past in Barbados in November, 1701, which is in the foresaid book of laws, folio 330, intituled, An Act to ratify, approve and confirm Letters Patent, Gifts, Grants, Bargains, Sales, Conveyances and all other Instruments of Writing relating to the Titles of the several Owners, Proprietors of the Lands and Tenements, Slaves and other Hereditaments within this Island, and read Mr. Attorney General's Report thereupon (entred Barbados C, folio 450), disapproving the said Act for the reasons therein set forth; and thereupon ordered [fo. 252] that Colonel Cleland have notice to attend the Board on Monday morning next.
Ordered that a representation be prepared upon the reference from Mr. Secretary Hedges [fo. 254], read the 4th of the last month, on the petition of the General Assembly of Bermuda against Mr. Jones, secretary and provost marshall of that island [fo. 236], pursuant to the minutes of the 5th instant.
A letter from Mr. Merret, inclosing the copy of an address to the Lord Bishop of London from several masters of ships and traders at Newfoundland against Mr. Jackson [fo. 246], the late minister there, which were read; And Mr. Jackson attending, the said petition was communicated to him for his answer thereunto [fo. 258], as also the two addresses to her Majesty in favour of Captain Lloyd [fo. 247], mentioned in yesterday's minutes, for his observations thereupon [fo. 258].
Mr. Roop attending [fo. 247], presented to their lordships a memorial with the names of such of the English prisoners that had been taken at Newfoundland as he could learn at present, which was read, and a letter writ to the Commissioners for exchange of prisoners inclosing a copy thereof.
Their lordships having observed in several of the papers of complaints which they have received from Newfoundland, that the same persons signed both for and against the person complained of, they asked Mr. Roop what might be the meaning thereof, who said that the fishermen there were such a poor, ignorant sort of people, and most of the masters of ships little better, that they may be easily perswaded, by promises or threats, to sign anything, though they know not what it is.
Colonel Cleland attending according to appointment [fo. 249], their lordships acquainted him that the Act intituled, An Act to keep inviolate and preserve the Freedom of Elections and appointing who shall be deemed Freeholders and be capable of electing or being elected Representatives, Vestrymen, or to serve as Jurors to try Real Actions within this Island (mentioned in the foresaid minutes), did contain three clauses at the later end, beginning with the words And if the person so, and ending with the words after the offence; which clauses were judged by the Board to contain powers undue and exorbitant in the Assembly, and therefore unfit to be confirmed by her Majesty; for which reason it was ordered that the agents should have copies of the said clauses, to the end the Assembly might have time till their next meeting to repeal the said clauses, the rest of the Act being thought usefull for the intended purpose. And Colonel Cleland was told that, in case the said clauses were not repealed accordingly, the Board would find themselves obliged to represent to her Majesty that the whole Act be disallowed and set aside.
As to the other Act [fo. 249], intituled, An Act to ratify, approve and confirm Letters Patent, Gifts, Grants, Bargains, Sales, Conveyances, and all other Instruments of Writing relating to the Titles of the several Owners, Proprietors of Lands and Tenements, Slaves and other Hereditaments within this Island; Colonel Cleland was informed that their lordships had consulted Mr. Attorney General therein [fo. 250], who had given his opinion that it was fit to be rejected; whereupon their lordships had resolved [fo. 254] to present a representation to her Majesty for repealing the same the next Councill day.
Application having been made to the Board by several merchants trading in tobacco or other commodities of the same nature of the growth of England, and of the Plantations, that they might be allowed to dispose of such commodities to neutral ships coming into England [fo. 293], and the said ships permitted to carry the same to places in enmity with her Majesty, ordered that a letter be writ to Sir John Cook, her Majesty's Advocate General [fo. 294], for his opinion by what law, order or instruction the same is disallowed.
A representation for repealing An Act past at Barbados in 1701, to ratify, approve and confirm Letters Patent, Gifts, Grants, Bargains, Sales, Conveyances &c. [fo. 253, 302], mentioned in yesterday's minutes, was signed.
A representation upon Mr. Secretary Hedges's reference of the 23rd of November last [fo. 250, 310], upon the petition of the General Assembly of Bermuda against Mr. Jones, secretary and provost marshall of Bermuda, as directed in the minutes of the 5th instant, was signed.
Their lordships took into consideration the heads of inquiries and the instructions to the Commadore of the Newfoundland convoy, and ordered a letter to be writ to Mr. Burchet, desiring him to lay the same before his Royal Highness the Lord High Admiral's Councill, and to be given the said Commadore accordingly.
The Board being sent for to a Committee of the Privy Councill, they were directed to draw up instructions for the Commander of the forts and garrison of St. John's in Newfoundland [fo. 258], to permit the Commadore for the time being to supervise and inspect the state of the stores ammunition and provisions in the said fort, batteries and garrison, and the condition of the said forts and garrison, that an account may be given thereof by the Commander-in-Chief of the said convoy at his return, as also to deliver to the Commodore a muster roll of the garrison there, and to cause the said garrison to pass in muster before the said Commadore, in order to his signing the same. They were also directed to prepare instructions [fo. 258] to the said Commadore upon the same subject.
The Board were further directed to send for Colonel Richards [fo. 241, 258], to discourse with him again in relation to the number of men necessary for the defence and security of the forts and harbour of St. John's.
Their lordships then also referred to the Board a petition of Lieutenant Moody [fo. 258] to her Majesty for their opinion thereupon; and being returned, ordered [vide supra and fo. 258] that Colonel Richards have notice to attend the Board on Thursday morning next.
Upon consideration of the Act past in 1698 to incourage the trade to Newfoundland, ordered that a letter be writ to Mr. Lowndes to desire him to move the Lord High Treasurer for his directions to the collectors and principal officers of the Customes in the several ports that a clause, in folio 414, relating to those officers, taking an account of the green men sent every year to Newfoundland, be put in execution.
Lieutenant Moody attending, presented to their lordships his answer to the several affidavits against him [fo. 251] (communicated to him the 15th instant), as also a letter from Captain Fairborne in his favour; and thereupon ordered [fo. 260] that an abstract of the said affidavits and of Lieutenant Moody's defence be made and laid before the Board. He further presented to their lordships a list of the inhabitants of St. John's and Petty Harbour.
Mr. Jackson, late minister of Newfoundland, attending, presented to their lordships his observations upon the two addresses [fo. 247, 259, 260] from the inhabitants and masters of ships in Newfoundland, in favour of Captain Lloyd, mentioned in the minutes of the 14th instant. He also presented to their lordships an answer to the address from the inhabitants in Newfoundland against him to the Bishop of London [fo. 250, 336; L. fo. 119], which their lordships resolved to take into consideration the first opportunity.
Their lordships then took into consideration Lieutenant Moody's petition to her Majesty [fo. 256], mentioned in the last minutes, setting forth his services and praying that he may be provided for in the army; and resolved to return their opinion thereupon [fo. 267] so soon as they shall have examined the forementioned affidavits against the said Moody and his answer.
The draught of the instructions to the Commander of the garrison of Newfoundland [fo. 256], and to the Commadore of the convoy, in pursuance of the last minutes, were laid before the Board and agreed.
Colonel Richards attending [fo. 256], according to the order in the last minutes, and being asked his further thoughts concerning the number of men necessary for the defence of the fort and batteries at St. John's in Newfoundland against the French, he said that the number requisite for the better defence of the said fort and batteries is an addition of such another company as is already there; whereupon their lordships signed a letter to Mr. Secretary Hedges, informing him of Colonel Richards's opinion herein; as also inclosing the draughts of the forementioned instructions to the Captain of the garrison and to the Commadore of the convoy.
A letter from Mr. Merret, inclosing a memorial [fo. 228, 260], with his opinion upon the affidavits of the soldiers lately arrived from Newfoundland, as also upon a memorial of Mr. Jackson, late minister at Newfoundland [fo. —] against Major Lloyd, was read.
An abstract of the affidavits against Lieutenant Moody [fo. 257], as also of his answer thereunto (as directed at the last meeting), was laid before the Board; and Lieutenant Moody attending at the same time, he was directed [fo. 265] to get a certificate from Commadore Bridge or Captain Fairborne that he was tryed and acquitted in Newfoundland by them upon the accusation of his having killed a woman there.
Mr. Millner presented to their lordships a memorial from several other merchants of London, as also a memorial from the merchants of Whitehaven trading to Virginia and Maryland, relating likewise to convoys [fo. 226, 261], whereupon their lordships agreed to take the same into consideration so soon as they shall have received the answers which they expect from Bristoll and Leverpoole; and ordered that letters be writ to Colonel Yates of Bristoll and to Mr. Clayton and to Mr. Johnson of Leverpoole, for the said answers.