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, July 1707
Mr. Linton attending [fo. 263, 283], he presented to their lordships a memorial containing some observations upon the tobacco trade, which was read, and being asked how he made the computation in his former memorial of the tobacco consumed on board her Majesty's Navy, he said that there is forty thousand seamen allowed for the navy. That he reckons 30,000 of them may smoke tobacco, and supposing that each man smokes one pound of tobacco in a month, it will come to 390,000 pound of tobacco in a year, which if it be foreign tobacco, or tobacco that has received the drawback, the Queen loses 5 ¾d. per pound, which upon the whole amounts to 9,343l. 15s. [0d]. But supposing that but one-half thereof be foreign tobacco, or such as has received the drawback, then her Majesty will lose 4,671l. 17s. 6d., as is set forth in his foresaid memorial.
A representation relating to the present state of the tobacco trade [fo. 282; M. fo. 74], and the difficulties it labours under, together with a letter inclosing the same to the Earl of Sunderland, were signed.
A letter from Mr. Trisillian, dated the 26th, in answer to one writ him the 14th of the last month, promising to send to their lordships his treatise relating to the pilchard and herring fishery by the first opportunity, was read; and thereupon ordered that a letter be writ to him [fo. 312, 407], desiring him that, if in a fortnight's time he had not an opportunity to send it up by a private conveyance, he then do it by the post.
An Order of the Councill of the 17th of April last [fo. 115, 325], upon a representation of the 27th of March foregoing, for repealing an Act past in Virginia concerning the granting, seating and planting of land &c., was this day brought to the Board and read; and thereupon ordered that the same be sent to Colonel Hunter now at Portsmouth.
He further presented to their lordships a copy of Mr. Serjeant Broderick's answer to, and opinion upon, several queries relating to the setting up English manufactures in foreign parts &c., which was read [fo. 2].
Representation of the Council of Maryland, in answer to several
complaints made by Sir Thomas Lawrence against the
Deposition of Mr. Bladen, relating to a complaint of Sir Thomas Lawrence against Colonel Seymour, Governor of Maryland.
Certificate of Mr. Bordley that he finds no order of government in Maryland, relating to the claim of Sir Thomas Lawrence or Mr. Carroll to the perquisites of the Land Office.
A letter from Mr. Penn, in answer to one writ him the 12th of May [fo. 155], with several queries relating to his surrender of Pennsylvania to her Majesty, was read; and thereupon ordered that he have notice to attend the Board to-morrow morning.
Captain Ekins presented to their lordships a memorial offering his service to command a fourth rate man-of-war in an expedition against the privateers of Martinico and Guardaloup, which was read; whereupon he was acquainted that there was a proposal before their lordships for such an expedition, but that their lordships did not recommend any persons to such employments.
Mr. Stephen Duport attending, and being asked what number of ships he thought might be necessary for such an expedition, he said that six ships would be sufficient; but if the government could spare but four, then he was of opinion that those ships ought to consist of one of sixty guns, two of fifty and one of forty, to be joined by three or four sloops to be fitted out from Barbadoes and the Leeward Islands, and that the commander of them ought to be an honest man, and one that will be zealous in the service, and that the said ships ought to be nimble sailors, and not confined to any certain station. But that the commander be left at liberty to cruize where he should see it necessary, and he doubted not but that in two years' time there would not be one of the said privateers left to molest our trade, which at present is at so low an ebb. By the last packet he had advice that the islands were almost starving for want of provisions from the continent of America, the French taking all or most of the ships that come from thence, so that few or none will venture.
And being asked what he thought would be the best way to intercept the galleons in America, he said that if our ships lay in the Bay of Hunda, or the Bay Matancas on Cuba, the galleons would not venture out of the Havanas, so that by that means we should prevent their coming into the French King's hands; and he was of opinion that the properest place for our ships to lye in expectation of the galleons was on the east side of Abaco, one of the Bahama Islands, where they would not be perceived by the Spaniards; and by having two or three sloops in the streights of Florida, which might upon the galleons' first appearance come through the passage between Providence and Abaco, and give our ships notice thereof, so that they might easily go round the great Bahama bank, and meet the said galleons coming out of the said streights.
A letter from Mr. John Graves [fo. 256, 339], signifying that he had heard that Mr. Archdale, one of the proprietors of Carolina, had given a bad character of Mr. Holden, nominated by the proprietors of the Bahama Islands to be their Governor, was read; and thereupon ordered that a letter be writ to Mr. Archdale [v. infra] to acquaint him that their lordships desire to speak with him to-morrow morning.
Mr. Penn attending, and being asked if he had the Act lately passed in Pennsylvania for qualification of magistrates &c. [fo. 286, 307], he said that he beleived he had it, and if so would send it their lordships the beginning of the next week.
Mr. Archdale attending [v. supra], as directed in yesterday's minutes, and being asked what he knew of the character of Mr. Holden, nominated by the proprietors of the Bahama Islands for their Governor, he said that about twenty years ago, when he went over to Carolina, he found him in prison in North Carolina, but that, as he understood, it was upon the following occasion. Mr. Holden being collector of the customs, and the people of that province very poor, they had risen up against him upon his demanding the duties upon their goods, and had thereupon put him in prison; and he added that he knew nothing ill of the said Holden.
And being asked his opinion about the settlement of Providence, one of the Bahama Islands, he said that considering the condition of the fort, which was almost destroyed by the Spaniards, and the want of inhabitants and planters, he did not think it possible, nor prudent, to attempt to make any settlement at present; that in order to make a settlement there should be sent over one hundred soldiers with ordnance, arms, ammunition &c., and such a number of workmen as will be necessary for repairing the said fort before the French and Spaniards can have notice thereof; but he added that he did not beleive that the proprietors would be at any charge upon that account.
Mr. Champante attending, as he had been desired, and being asked whether, upon passing of the Earl of Bellomont's Act for vacating several of Colonel Fletcher's exorbitant grants at New York [fo. 279, 312], the Mohaques had been put into possession of their lands granted to Mr. Dellius and others, he said that he did not doubt but they had, because that none of the grantees had made any settlements thereon.
Then being acquainted that by an Act passed by the Lord Cornbury in November, 1702, all the Acts passed by Captain Nanfan in 1701 were repealed, for that the Assembly in which they were passed was said to have been an illegal Assembly, and being asked what he knew of that matter, he said he would inform himself and give their lordships an account thereof. But however that be, he said that the Assembly in 1702, which repealed the Acts of the former, was not properly the choice of the people, for, a few days before the election, all the soldiers at New York were made free, and march'd, with their captain at the head, to vote at the said elections. Then he promised their lordships to look over his papers, and to inform himself otherwise, and in a few days to give their lordships a further account of that matter.
A representation relating to the suppressing of the privateers of Martinico and Guardaloupa [v. supra, 321], as agreed at the last meeting, together with a letter inclosing the same to the Earl of Sunderland, were signed.
A letter from Mr. Henry Crisp, inclosing a list of the books belonging to the Council of Trade in 1660, which he proposes, for a consideration, to deliver to this Board, was read; and thereupon ordered that the secretary write to the said Crisp that their lordships cannot set a value upon the said books without seeing the same, and therefore, if he will let their lordships see the said books, he shal have them again, in case they do not agree upon a price.
The copy of an Order of Council of the 23rd of the last month, upon a representation of the 11th December last [fo. 11, 301], proposing Colonel Hamilton to be Lieutenant Governor of Nevis, and Colonel Lambert to be Lieutenant Governor of St. Christopher's [fo. 299], approving the said representation, was read.
An Order of Councill of the 23rd of the last month [fo. 302, 308], upon the petition of Thomas Barrow, late Attorney General in Jamaica, praying he may be permitted to practice the law there, and referring the same to this Board, was read; and thereupon ordered that all the papers in this office relating to the said Barrow be looked out and laid before their lordships to-morrow morning.
Colonel Jory attending [fo. 286, 300], presented to the Board a letter from the Earl of Sunderland enclosing Mr. Attorney General's objections [fo. 302] that the persons named to be Commissioners for enquiring into the losses of the islands of Nevis and St. Christopher's, being all sufferers, they may be byass'd to make too large a representation of their losses, referring the consideration thereof to the Board, was read, and Colonel Jory being asked what he had to offer for obviating the said objection, he said that there were very few either in the island of Nevis or St. Christopher's but what are losers; and he promised to consider further of this matter, and bring his thoughts thereupon to their lordships in writing.
Copy of her Majesty's commission to Michael Lambert, esquire [fo. 297], constituting and appointing him Lieutenant Governor of her Majesty's island of St. Christopher's, dated the 5th of July, 1707, was read.
Copy of an Order of Council of the 20th of March last [fo. 99], upon a representation of the 13th ditto, proposing Colonel William Peartree to be a member of her Majesty's Council in New York, approving the same, was read.
Copy of a second Order of the same date with the foregoing, upon a representation of the 3rd ditto [fo. 93], proposing Winthrop Hilton, esquire, to be a member of her Majesty's Council in New Hampshire, approving the said representation, was read.
Copy of a third Order of Councill of the same date with the foregoing, upon a representation of the 3rd ditto [fo. 93], proposing Joseph Smith to be a member of her Majesty's Councill in New Hampshire, approving the same, was read.
Colonel Jory attending with Mr. Duport [fo. 298, 299], he presented to their lordships a list of the names of ten persons, viz.:— Colonel Edward Byam, Barry Tankard, George Gamble, Henry Sims, Valentine Morris, inhabitants of the island of Antego (the three first being members of her Majesty's Council there), Colonel Anthony Hodges, Colonel William Fry, George Mileward, William Gerrish and Joseph Sims, inhabitants of the island of Mountserrat, the three first being likewise members of her Majesty's Council in that island, and proposing the said ten gentlemen or any three of them, being disinterressed, as persons proper to be appointed Commissioners to examine upon oath the sixteen Commissioners already named for the islands of Nevis and St. Christopher's, relating to their particular losses, was read. Whereupon their lordships agreed to write a letter to the Earl of Sunderland thereupon tomorrow morning.
A letter from the Earl of Sunderland of the 8th instant [fo. 302], desiring a copy of an Act past in Jamaica the 15th of August, 1705, entituled An Act to enable Cary Bodle and others to sell lands for the payment of debts and legacies and for the improvement of the estate of the said Cary Bodle, was read, and a letter to the Earl of Sunderland inclosing a copy of the said Act, was signed.
A letter to the Earl of Sunderland, in answer to one from his lordship of the 8th instant [fo. 298], enclosing Mr. Attorney General's objection to the Commissioners named for Nevis and St. Christopher's, for examining into the losses sustained by those islands &c., was signed.
Upon consideration of the Order of Council of the 23rd day of June last [fo. 298], referring to this Board the petition of Thomas Barrow, formerly Attorney General in Jamaica to her Majesty, setting forth that he is forbidden by Colonel Handasyd to practice the law in that island, and praying that he may be permitted to practice the same there; ordered that letters be written to Sir Gilbert Heathcote, Sir Bartholomew Gracedieu, and Captain Gardner [fo. 304, 305], to desire to speak with them, or any else that may know anything of the said Barrow, to-morrow morning.
The wood monger's account for wood and coles, amounting to thirty-four pounds five shillings threepence, were laid before the Board, and a letter to the Lord Treasurer, enclosing the said accounts, and desiring payment thereof, was signed.
A letter from Mr. Charles Cox (member of Parliament for Southwark), recommending Mr. Lawrence Crabb of Antego [v. infra] as a person fitly qualified to be of the Councill of that island, was read, and their lordships finding upon examination that there were two vacancies in the said Council, the one by the death of Henry Perne and the other by the absence of Charles Mathews, now in England, and who does not intend to return, and their lordships having otherwise a good character of the said Lawrence Crabb [v. supra], a representation proposing that he be constituted a member of the Council of Antegoa, was drawn up and signed.
Captain Gardner attending [fo. 302], and being acquainted with the petition of Thomas Barrow, complaining that he had been prohibited the practice of the law in Jamaica by Colonel Handasyd, the Governor, and being asked if he knew anything of that matter, he said that he had had an account thereof, but that he did not doubt but Colonel Handasyd was able to justify his proceedings therein, if their lordships thought fit to send to him for his answer.
Sir Gilbert Heathcote and Colonel Laws attending [fo. 302], and being acquainted with the same matter, they said that they know not what reason Colonel Handasyd had for prohibiting the said Barrow the practice of the law, that they (and particularly Colonel Laws, who had been several times chief justice of Jamaica) had known the said Barrow 25 years, that they had never heard any ill of him, that he always had the character of a fair and very honest man, that there was a like case as his in the time of Sir Thomas Linch's government, but that upon application to the King, the person was restored to his practice in that island.
Mr. Clement presented to their lordships a letter from the Earl of Sunderland referring to the Board the petition of Richard Budge [fo. 76, 327], complaining of great hardships laid upon him by the Lord Cornbury, Governor of New York, in relation to a ship illegally seized and condemn'd in New Jersey, which was read, and Mr. Clement was thereupon directed to produce to their lordships all the papers referr'd to in the said petition, which he promised to do accordingly.
Ordered that the Act entituled An Act granting sundry priviledges and powers to the rector and inhabitants of the city of New York of the communion of the Church of England as by law establish'd [fo. 301], be sent to Mr. Sollicitor General for his opinion therein in point of law.
A letter from Colonel Sharpe, President of the Council of Barbadoes,
dated the 8th of May last, was read, and the papers therein referred
to laid before the Board and are as follows, viz.:—
Papers of public proceedings.
Colonel Sharpe, President of the Council of Barbadoes, speech to the Assembly made the 1st of April last, with the Assembly's answer thereunto.
An Act to ascertain the payment of such bills as have been issued pursuant to a late Act of this island, entituled An Act to supply the want of cash and to establish a method of credit for persons having real estates in this island, past 25th of April, 1707.
A letter from the Earl of Sunderland of the 11th instant, desiring the Board's opinion upon the application of Colonel Hunter, Governor of Virginia [fo. 308], to receive one moiety of the salary from the death of Colonel Nott, late Governor of that colony, was read, and directions given for preparing an answer thereunto.
Mr. Penn having transmitted to this Board an Act under the seal of Pennsylvania, entituled An Act directing the qualifications of all magistrates and officers, as also the manner of giving evidence [fo. 293], their lordships read the same, whereupon ordered that Mr. Penn and Mr. Wilcox [fo. 310] have notice to attend on Fryday morning next.
A letter to the Earl of Sunderland, in answer to his of the 11th instant, relating to Colonel Hunter's receiving half of the salary of the Governor of Virginia [fo. 307], from the death of Colonel Nott, the preceding Governor, as directed at the last meeting, was laid before the Board and signed.
Mr. Barrow attending, his petition, read at the Board the 8th instant [fo. 298], was again read; and Mr. Barrow being asked several questions, he said that upon his return to Jamaica in December last, he went to wait upon the Governor in order to have his leave to practise as an attorney in the courts there, but that the Governor would not see him. That soon after Commodore Kerr fee'd him in a cause he had depending, upon which he sent notice thereof to the Governor, who return'd answer that he might plead in this cause, but should not in any other; that he was fee'd in several other causes, but did not go into the courts for fear of the Governor's resentment. He produced an affidavit of Mr. Castelman in vindication of his character from Bermuda, which was read. Then Mr. Barrow being withdrawn, their lordships gave directions for preparing a representation [fo. 312], offering to her Majesty their opinion that the said Barrow be restored to the practice of the law at Jamaica.
Ordered that the Barbadoes merchants have notice to attend the Board on Friday morning next [fo. 306, 310], in order to consider the Act mentioned in yesterday's minutes, entituled An Act to ascertain the payment of such bills as have been issued, pursuant to a late Act of this island, entituled An Act to supply the want of cash, and to establish a method of credit for persons having real estates in this island.
Mr. Penn and Mr. Wilcox attending [fo. 307], Mr. Attorney General's objections to the last clause of the Pennsylvania Act, for the qualification of magistrates &c., allowing depositions of persons sick or going out of the province, taken in any matter or cause to be good evidence, was read; with which objection Mr. Penn agreed, and Mr. Wilcox desiring that his reasons against the other parts of the said Act, presented to the Board the sixth of November last, might also be read, Mr. Penn said that those reasons had not been communicated to him, and therefore prayed to have a copy thereof, that he might give their lordships his answer in writing, which was ordered accordingly.
Mr. Heysham, with several other Barbadoes merchants attending [fo. 309, 311] according to order, the Act lately received from Barbadoes, entituled An Act to ascertain the payment of such bills as have been issued pursuant to a late Act of this island, entituled An Act to supply the want of cash, and to establish a method of credit for persons having real estates in this island, past the 25th of April, 1707, was read. Whereupon these gentlemen said that they were very well satisfied with the Act, and thought the method therein laid down the only means to remedy the inconveniencies arisen by the Paper Act, and therefore they pray'd it might forthwith be laid before her Majesty for her royal approbation.
A representation upon An Act past in Barbadoes the 25th of April last [fo. 310, 321], for ascertaining the payment of such bills as have been issued pursuant to a late Act of that island, intituled An Act to supply the want of cash and to establish a method of credit for persons having real estates in this island, together with a letter inclosing the same to the Earl of Sunderland, were signed.
A representation upon the petition of Thomas Barrow [fo. 309, 340], relating to his being prohibited the practice of the law by the Governor of Jamaica, and referr'd to this Board by her Majesty's Order in Council of the 23rd of the last month, together with a letter inclosing the same to the Earl of Sunderland, were signed.
A letter from Mr. Tresilian, dated the 14th [fo. 288], in answer to one writ him the 1st instant, desiring that he might have ten pounds for his treatise relating to the pilchard and herring fishery, was read, and thereupon ordered that he be acquainted that if upon perusal of his said book it be found to be of use, their lordships will do what in them lies for his encouragement.
The draught of a representation for confirming An Act past at New York in March, 1698 [fo. 295, 318], for vacating, breaking and annulling several exorbitant grants of land, and for repealing another Act past at New York in November, 1702, intituled An Act for the repealing several Acts of Assembly, and declaring other ordinances published as Acts of Assembly to be void, was agreed and ordered to be transcribed.
A letter from the Earl of Sunderland of yesterday's date [fo. 314], signifying that her Majesty thought fit that there be a secretary to each of the commissions for enquiring into the losses of Nevis and St. Christopher's, and desiring the Board to think of proper persons to discharge that trust and of suitable salaries for them, was read; whereupon their lordships agreed to propose that Mr. Estwick, one of the clerks of this office, be one of the said secretaries, he procuring a sufficient person to be approved of by the secretary of this Board to execute his place during his absence; and that Mr. Christopher Rhodes, who is now going over to the Leeward Islands, be the other, and that it may be reasonable to allow each of the said secretaries 250l. for themselves and clerks, and that one hundred pound, part thereof, be advanced them before their going over.
Mr. Rhodes and Mr. Estwick attending, they were acquainted with the Earl of Sunderland's letter of the 22nd instant, and with their lordships' minute made yesterday upon the reading thereof; whereupon these gentlemen thankfully accepting their lordships' favour, a letter to the Earl of Sunderland [fo. 313], proposing that Mr. Rhodes be secretary to the Nevis Commissioners, and Mr. Estwick to those of St. Christopher's, and that they have 250l. each, as a reward for this service, was signed.
Copy of Mr. Attorney General's report upon An Act past in Jamaica to enable Cary Bodle and others to sell lands for the payment of debts and legacies, and for the improvement of the estate of the said Cary Bodle [v. infra], was read.
A second Order of Council of the same date, upon the same representation, for repealing one of the foresaid Acts entituled An Act to enable Cary Bodle to sell lands for the payment of debts and legacies, and for the improvement of the estate of the said Cary Bodle [v. supra], was read.
A third Order of Council of the same date [fo. 315, 388], upon that part of the same representation proposing that the Act past in Jamaica, for providing an additional subsistance for her Majesty's officers and soldiers may continue till nearer the term of its expiration &c., approving the same, and directing that this Board do prepare the draught of a letter for her Majesty's royal signature to the Governor of Jamaica [v. infra], to move the Assembly that they do not in any future Act lay hardships upon the soldiers there, was read.
A letter to the Earl of Sunderland, enclosing the draught of a letter for her Majesty's signature to Colonel Handasyd, Governor of Jamaica [v. supra], relating to an Act for providing an additional subsistence for her Majesty's officers and soldiers there (as directed by the foregoing Order of Councill), was signed.
A memorial from the clerks and other officers in the service of this Board, setting forth the hardships they lye under for the want of their salaries, and praying their lordships' assistance therein, was read; and thereupon a letter to the Lord Treasurer, enclosing a copy of the said memorial, was drawn up and signed.
A letter from Mr. Bridger, surveyor of the woods in America, proposing deputies for his assistance in surveying the said woods, and desiring an additional allowance for his travelling charges &c., dated at Boston the 5th of January last, was read; and thereupon ordered that a copy of the said letter be sent to Mr. Lowndes to be laid before my Lord Treasurer.
Another letter from Colonel Crow [fo. 322], dated the 5th of June,
and the papers therein referr'd to were read, which papers are:—
Papers referr'd to therein.
A copy of an address of the Assembly of Barbadoes to Colonel Crow, relating to the disorders in that island.
Colonel Crow's answer to the said address.
Whereupon their lordships writ and signed a letter to the Earl of Sunderland upon paragraph D of the last of the above-mentioned letters, relating to Mr. Holder's [fo. 335, 350] being of the Councill of that island.
A representation for confirming an Act past at New York in March, 169/89; [fo. 312; M. fo. 232], for vacating several extravagant grants of land &c., and for repealing another Act past in November, 1702, for the repealing several Acts of Assembly &c., was signed.
Upon information that there are upon the coasts of Cuba or Hispaniola two privateers belonging to that island, who after the traders have sold the Spaniards their goods, lye amongst the bushes and take the said goods from them; as also their canoes passing to and from the said islands, as they can light on them, and that several of the chief traders there are concerned in them as owners, their lordships writ and signed a letter to Colonel Handasyd, acquainting him with the consequence that must attend such evil practices, and directing him to make enquiry into the same, and to transmit an account thereof to this Board on the first opportunity, and to take all possible care to prevent the like for the future.