|
Aug. 3.
St. James's. |
487. Order of Queen in Council. Upon Representation of
July 18, ordered that the Council of Trade and Plantations prepare
a draught of an Instruction to the Lieut.-Governor of the Bermuda
Islands for the securing the liberty of the subject from illegal
imprisonment as proposed. Signed, Edward Southwell. Endorsed,
Recd. Read Aug. 17, 1704. 1 p. [C.O. 37, 6. No. 19; and
38, 6. pp. 54, 55.] |
Aug. 3.
St. James's. |
488. Order of Queen in Council. Confirming Laws of
Bermuda, as recommended in Representation of July 18. Signed
and endorsed as preceding. 4 pp. [C.O. 37, 6. No. 20; and
38, 6. pp. 64–68.] |
Aug. 3.
St. James's. |
489. Order of Queen in Council. Repealing 4 Acts of
Bermuda as recommended in Representation of July 18. Signed
and endorsed as preceding. 1½ pp. [C.O. 37, 6. No. 21; and
38, 6. pp. 69–71.] |
Aug. 3.
St. James's. |
490. Order of Queen in Council. Approving Representation
of July 13, and ordering the Council of Trade and Plantations
to write to the Governor and Council of Bermuda to cause the
Act for raising a Public Revenue to be put in execution, and to
take care not to pass any temporary Law in derogation of the
said Act. Signed, Edward Southwell. Endorsed, Recd. Read
Aug. 23, 1704. ¾ p. [C.O. 37, 6. No. 22; and 38, 6. pp.
71, 72.] |
Aug. 3.
St. James's. |
491. Order of Queen in Council. Upon reading Representation of July 10, ordered that the directions given by H.M. letters
to Col. Dudley relating to the building of Pemaquid Fort, and
setling a salary upon the Governor and Lt. Governor be renewed.
The Lords Commissioners of Trade to prepare draughts of letters
accordingly. Signed, Edward Southwell. Endorsed, Recd. 14th,
Read Aug. 16th, 1704. 1 p. [C.O. 5, 863. No. 113; and
5, 911. p. 382.] |
Aug. 3.
St. James's. |
492. Order of Queen in Council. Extract of Representation
of July 10, relating to ships of war to guard the coasts of the
Massachusetts Bay and New Hampshire, to be sent to H.R.H.
the Lord High Admiral, to give such orders therein as he shall
see most fitting. Signed, Edward Southwell. Endorsed, Recd.
14th, Read Aug. 16th, 1704. ¾ p. [C.O. 5, 863. No. 112; and
5, 911. p. 381.] |
Aug. 3.
St. James's. |
493. Order of Queen in Council. An extract of the
Representation of July 10, relating to the Charter Governments
of Rhode Island and Conecticutt, to be sent to Mr. Attorney
and Mr. Solicitor General, who are to consider the same, together
with the opinion of the Attorney and Solicitor General in 1694,
therein mentioned, and to report their opinion to H.M. at this
Board what they conceive H.M. may legally do upon these and
the like complaints against them. Signed, Edward Southwell.
Endorsed, Recd. 14th, Read Aug. 16th, 1704. 1 p. [C.O. 5, 863.
No. 111; and 5, 911. pp. 379, 380.] |
Aug. 3.
St. James's. |
494. Order of Queen in Council. Approving Representation
of July 13, and directing the Attorney and Solicitor Generall
to cause Commissions to be prepared accordingly. Signed,
Edward Southwell. Endorsed, Recd. 14th, Read Aug. 16th.
[C.O. 323, 5. No. 61; and 324, 9. pp. 30, 31.] |
Aug. 4.
Custom-house, London. |
495. Mr. Sansom to W. Popple, jr. In reply to letter of
Aug. 1. The Commissioners of Customs have dispatched their
report upon the two Bills of Virginia. [See Aug. 10.] They
have nothing to object, etc. Signed, Jno. Sansom. 1 p. [C.O. 5,
1314. No. 28.] |
| [Aug. 4.] |
496. Attorney General to the Council of Trade and
Plantations. Report upon 4 Bills of Virginia. (1) The Act
for the better securing the liberty of the subject is the same with
the Habeas Corpus Act in England, wch. hath been before
attempted to be pass't in the Plantations, but it hath been thought
that H.M. Instructions to ye Governour is all that is reasonable
to be done there, and that the passing this Act there will be
prejudicial to H.M. and the Realm of England on which the
Plantations depend, and will tend to make them independant.
Therefore I am of opinion no countenance ought to be given to
a Bill of this nature there. (2) As to the Act for limitation of
actions and avoiding of suits, I have no objection against it, but
think it may be a beneficial law for quieting ye country, and is
the same Law that has been pass'd in this Kingdom. (3) As to
the Act for establishing County Courts etc., I cannot approve of
erecting Courts in ye Plantations by the Acts of ye Assembly,
that authority being lodg'd in ye Governour by virtue of ye
Queer's Commission. This Act directs monthly Courts to be
kept in each County, to consist of 8 Justices of ye Peace to be
commissioned by ye Governour by and with the consent of the
Council or five of them at least, wch. alters ye authority of the
Governour given by H.M. By this Law the Justices are required
to sign the Association, wch. is now abrogated. The said Courts
to be erected will hereby have power to hear and determine all
causes wt. soever within their respective countys, except criminal
causes etc. Appeals are hereby allowed from these Courts to ye
General Courts, but no Appeal to H.M. in Council, wch. ought to
be reserved, if a Law of this nature pass, the County Courts
determining causes of all values, and in reserving such appeal, it
will be fit to allow such appeals in all causes exceeding such value
or of such nature to be mentioned, and in all other causes if H.M.
in Council shall direct such appeal to be allowed. By this Law
the Justices are to proceed to doe justice according to the Laws
of England and Virginia, by wch. all ye Laws of England may
be construed to be enacted there, and I am apt to think it is
intended, and therefore I am of opinion this is not fit to be in
the Act. This Act contains matters of different natures, wch.
is not proper to be allowed in ye same Act and other objections.
(4) As to the Act concerning the distribution of intestates' estates
etc. I am of opinion it varying in several particulars from ye Laws
now in force in England touching the distribution of intestates'
estates, it is not fitt to pass. Details given. If in lieu of this
Law an Act were prepared to make the estates of persons dying
intestate distributable in such manner as they are by the law
of England. I am of opinion it will be reasonable, and yt. to doe
more will be inconvenient and not practicable, in regard part of
ye personal estate, wch. may be in England, will not be bound
by this Law. Signed, Edw. Northey. Endorsed, Recd. 4th,
Read Aug. 15th, 1704. 3½ pp. [C.O. 5, 1314. No. 29.] |
| [Aug. 4.] |
497. Attorney General to the Council of Trade and Plantations. I have considered the Act of Antegoa for establishing
Courts, which being exactly the same with that of Nevis, I refer
to my report on that, with this addition, that it is taken notice of
in this Law that there was a former Law made in this Island for
establishing Courts, which I have not seen. Signed, Edw. Northey.
Endorsed, Recd. Aug. 4, Read Dec. 14, 1704. 1 p. [C.O. 152, 5.
No. 78; and 153, 9. pp. 63, 64.] |
| Aug. 4. |
498. Sir Edw. Northey to the Council of Trade and Plantations. Returns Laws. Your Lordships having now under
consideration ye bodyes of ye Laws of ye Plantations, I desire
to propose one matter wch. I do not find sufficiently provided
for in any of the Plantations, the barring of estates tailes and
remainders depending on ym., the want of wch. will occasion many
suites. There are yt. doubt whether the statute of entailes
in England take place in ye Plantations though the settlements
are made there as if it were taken to be a law there; if it be not
binding there, all such settlements will be of no use etc. Proposes
that it be declared by Acts to be passed in the Plantations, yt.
the Statute De donis conditionalibus (of entailes) be in force
there, and that in the Courts of Pleas there fines and recoveries
may be levied and suffered to be of the same force as of lands
in England, and also that fines and recoverys levied and suffered
in the Common Pleas at Westminster and transmitted to and
registred in the Plantations shall be of the same avail as if served
and suffered of lands in England, these are wanted and will be
of great benefit to the quiet of the Plantations, if passed, etc.
Signed, Edw. Northey. Endorsed, Recd. Read Aug. 15, 1704.
Holograph. 1½ pp. [C.O. 323, 5. No. 60; and 324, 8. pp.
506–508.] |
Aug. 8.
Office of Ordnance. |
499. Board of Ordnance to the Council of Trade and
Plantations. We have appointed Capt. John Rednap Engineer
for H.M. service in New England, New York and the neighbouring
Continent of America, in the room of Col. Romer. Signed, Wm.
Bridges, Ja. Lowther, Ja. Craggs. Autographs. ¾ p. Endorsed,
Recd. 12th, Read Aug. 17th, 1704. [C.O. 5, 863. No. 114;
and 5, 911. p. 383.] |
Aug. 10.
Treasury Chambers. |
500. Wm. Lowndes to Mr. Popple. My Lord Treasurer
remits the report of H.M. Commissioners of Customs upon the
two Bills of Virginia transmitted to him April 25. He hath no
objection to the Lords Commissioners of Trade laying before H.M.
the Revenue Act for Jamaica for H.M. approbation. Signed,
Wm. Lowndes. Endorsed, Recd. 12th, Read 15th, 1704. 1 p.
Enclosed, |
|
500. i. Report of Commissioners of Customs referred to in
preceding. Customhouse, London. Aug. 4, 1704. We
are humbly of opinion that what is conteyned in the
said Acts of Virginia [see Aug. 4] may be of advantage
to trade and to the Customs and other duties in Virginia,
and likewise to the Revenue arising by tobacco here
in general, and therefore have nothing to object to their
passing. Signed, A. Maynwaring, Sam. Clarke, T.
Newport, Rich. Breton. 1 p. |
|
500. ii. Copy of an Act of Virginia for preventing frauds in
the Customs etc. 9 pp. |
|
500. iii. Copy of an Act of Virginia for improving the staple
of Tobacco and regulating the size and tare of hhds.
7½ pp. [C.O. 5, 1314. Nos. 27, 27.i.–iii.] |
Aug. 12.
Bermuda. |
501. Lt. Governor Bennett to the Council of Trade and
Plantations. I defer'd my answer to yours of Nov. 25, receiving
it just att the time I was making up my pacqt. In that letter
your Lordships observed that in the copy of a Comission I had
transmitted, there were blanks left for the month and day of
the date, and yet the year 1701 was expressed, which proved to
be delivered out in time [of] peace. etc. To which I answer
that pursuant to your Lordships' commands I ordered the
Secretary to write a copy of one of the Commissions I had granted
and told him it was only to satisfy your Lordships of their forme,
which he tells me was the occasion of those blanks, and I hope
your Lordships does not imagine I had any cunning or design
in it. As for granting Commissions in time of peace I att first
refused it, till presidents were shewn me, and it was affirm'd the
like had been in Sir Robert Robinson's time, and with submission
my Instructions does not mention anything relating thereunto
save only forbiding me to grant Comissions of War against any
Prince or State or their subjects in amity with H.M. But my
Patent from his then Majesty says "And forasmuch as divers
mutinies and disorders doe happen by persons shipt and employed
at sea, and to the end that such as shall be shipt and employed
at sea shall be the better governed and ordered, we do hereby
give and grant unto you full power and authority to constitute
and appoint Captains, Lieutenants, Masters of ships and other
Commanders and Officers, and to grant unto such Captains,
Lieutenants, Masters of ships and other Commanders and Officers
Commissions to execute the Laws Martial during the time of warr."
By which clause, together with the presidents as before, I
presumed I might lawfully appoint Capts. in time of peace under
this restriction, as not to impower them to execute the Laws
Martial but in time of war. And to prevent such constructions
for the future (as I conceive it was) in my now Patent from H.M.
that clause begins thus. "And for as much as divers mutinies
and disorders may happen by persons shiped and employed
and [? at] sea dureing the time of war, and to the end that such as
shall be shipped and employed att sea dureing the time of war,
may be the better governed and ordered, Wee doe therefore give
and grant unto you full power and authority to constitute and
appoint Capts., Lts., Masters of ships and other Commanders
and Officers, and to grant unto such Commissions to execute
the Law Martiall etc." By which (I think) it expressly limits
comissionating any but in time of war. I am very much
concerned at what mistakes I have made, and hope your Lordships will not impute it to any ill intent, but to the contrary,
as may be judged by my answer to your Lordships' next remark
(vizt.) that the Comission I granted ought not to have been
given in an undetermined sence, against pirates, and the Queen's
enemys att large, but upon information of some especial occasion
that required them. For answer, I had an especial occasion,
for complaint was made to me that att Turks Islands pirates
frequently came and took vessells that were rakeing salt there
(on which is our chiefest dependance) and if I would encourage
persons by giving them Comissions, they would goe fitted and
man'd accordingly, which was the only reason I did comply;
and att that time of peace I knew not how well to word those
Comissions otherwise than exprest in your Lordships' remarks,
and I took care to make them enter into security according to
the enclosed bond. As for the number of Comissions given out,
I enclose a list, and also a forme of a Letter of Marque, of which
I desire your Lordships' opinion, for there is not one vessell as
privateer now out from this place. By my brother I understand
your Lordships resents my enclosing any letters in your
Lordships' pacqts. other than what related to your Board. The
reason I presum'd it was I thought postage to all offices imediate
relateing to the Crown cost nothing. I ask your Lordps.' pardon
for what's past, and shall readily make satisfaction, and take
care not to intrude any more. I have by this conveyance sent
to my brother all the proceedings relateing to Capt. Jones, and
affidavits to prove the Assembly's Articles against him. By his
letters to his friends here, he says they may expect him in a very
little time reinstated, which has so much revived his party (the
male-contents) that they publickly discourse my continuance
will not be long amongst them, and add that altho' Mr. Larkin
is said to be dead, yet by their interest they have almost
weather'd me. The people in general are under a great
dissatisfaction, and conclude that if Capt. Jones comes again
they must expect nothing but malice, revenge and cruelty in the
execution of his office, and with threatning expressions say they
had as good dye of a fever as an ague. So under those circumstances I expect nothing but disturbances and complaints. As
for me if it be H.M. pleasure to restore him I must submit, but
he deserves usage sutable to my injurys which are very grevious,
for besides those sordid contrivances to hurt my reputation
whilst he was here, and those barbarous reproaches att Jamaica
(as appears by Mr. Greatbaches his affidavit formerly transmitted)
he has ofen repeated all att Carolina, with other inventions to
scandalize me. My Lords, it's impossible for me to express his
affronts, and if he does return (and I consequently restrain'd
from a due resentment) I hope your Lordships will not blame
me if I take my remedy att law, for should I doe nothing to justify
myself, I shall be reproached in all the English Plantations in
the West Indies, wherein it's very well known how I have been
abused by Mr. Larkin and him. Pursuant to the Assembly's
Address to me I have now transmitted under the publick seal
several articles and affidavits against Capt. Nelson, and also
have now sent the copy of a quietus to one whom I had give[n]
a Comission of the Peace, being the only Officer I have displaced
since my first regulateing the Government. Signed, Ben. Bennett.
Endorsed, Recd. Feb. 12, Read March 6, 1704/5. Holograph.
4 pp. Enclosed, |
|
501. i. Form of Letter of Marque, with Instructions and Bond
relating thereto, granted Lt. Governor Bennett.
Endorsed, Recd. Feb. 12, 1704/5. 3 pp. |
|
501. ii. Copy of the Quietus of Capt. Samuel Stone, J.P., of
St. George's Town, for taking exorbitant fees etc. etc.
Signed, B. Bennett. April 26, 1704. Endorsed as
preceding. 1½ pp. |
|
501. iii. Address of the Assembly of Bermuda to Lt. Governor
Bennett, July 18, 1704. Whereas your Excellency was
pleased to lay before us H.M. Order upon Edward
Jones' petition etc., this House humbly requested your
Excellencie's favor in transmitting home our sentiments
and necessary records pursuant to that matter, and
we have some reason to believe that Gilbert Nelson,
late Chief Justice (being legally convicted of sordid
bribery and other high crimes and misdemeanours and
by lawful judgment of the Court fined for the same),
either already hath or doth intend to give your
Excellency and Government the same trouble and in
the same manner as Jones etc., for prevention thereof,
we pray that the Articles and copies of records of Court
at Nelson's trial may be transmitted home etc. ¾ p. |
|
501. iv. Articles exhibited against Gilbert Nelson by the
General Assembly of Bermuda, 11 charges of abuse
of power, illegal arrests and receiving bribes etc. (Cf.
C.S.P., 1702. No. 1042.x.) Copy. 1 p. |
|
501. v. Copies of Depositions supporting above charges,
1698–1701, by Samuel Trott, Charles Walker, Robert
White, Henry Tucker, Lewis Johnston, Richard
Peniston, John Dickenson, Samuel Spofferth. 10 pp. |
|
501. vi. Copy of Proceedings at the trial and condemnation
of Gilbert Nelson, Dec. 3, 1701–Feb. 25, 1702, for
receiving a bribe as Judge in the case of George Tucker
v. Joseph Hovell, and as C.S.P., 1702, No. 1042.x., and
for maliciously imprisoning without examination Charles
Walker, Anthony White, Samuel Spofferth and Capt.
Thomas Harford, their complaining to the then Governor
and charging him with bribery; for extorting mony
from John Dickenson, by colour of the office of Chief
Justice and imposing unreasonable security; for granting
a special Court contrary to the Act of Assembly; for
malitiously false and scandalous words against Anthony
White; and for illegally imprisoning Thomas Smith,
senr. 7 pp. Endorsed, Recd. Feb. 12, 1704/5. [C.O. 37,
7. Nos. 2, 2.i.–vi; and (without enclosures) 38, 6. pp.
87–95.] |
Aug. 15.
Whitehall. |
502. Mr. Popple to the Attorney General. Returns two
Acts of Virginia by Col. Jennings to give further information
on certain points. [C.O. 5, 1361. pp. 1, 2.] |
| Aug. 15. |
503. Memorandum [? by Sir Charles Hedges]. The Commrs.
of Trade send an abstract of pris'ners taken in New England.
They further desire to have the papers laid before them which
have been taken on board ye ship bound to Canada. ¼ p.
Enclosed, |
|
503. i. Extract of a letter from Gov. Dudley, April 20, 1702
(? 1704) referred to in preceding. ½ p. [C.O. 5, 751.
Nos. 54, 54.i.] |
Aug. 17.
St. James's. |
504. Order of Queen in Council. Ordered that the Council
of Trade and Plantations do send an account to one of H.M.
Principal Secretarys of State of the English prisoners that have
been lately taken by the French of Canada. Signed, John Povey.
Endorsed, Recd. Read Aug. 22, 1704. ½ p. [C.O. 5, 863.No.
115; and 5, 911. p. 385.] |
Aug. 17.
Whitehall. |
505. Council of Trade and Plantations to the Board of
Ordnance. We are ready to give Capt. Rednap such Letters of
recommendation to the Governors as he may desire [see Aug. 8].
[C.O. 5, 911. p. 384.] |
Aug. 17.
Whitehall. |
506. Council of Trade and Plantations to the Queen.
Recommend the Revenue Act of Jamaica for H.M. approbation.
[C.O. 138, 11. pp. 300, 301.] |
Aug. 17.
Whitehall. |
507. Council of Trade and Plantations to Governor
Nicholson. The bearer hereof, James Wallace, having thought
himself obliged with other inhabitants of Virginia, to give us
some informations which may be displeasing to you, and being
thereupon apprehensive of the effects of your displeasure upon
his return to Virginia, where the duty of his Ministry calls him,
and the Lord Bishop of London having further recommended him
to us, we accordingly recommend him to you, not to molest him,
but to give him all reasonable encouragement. [C.O. 5, 1361.
pp. 4, 5.] |
Aug. 17.
Whitehall. |
508. Council of Trade and Plantations to Governor Nicholson.
Whereas we have already acquainted you that H.M. has been
pleased to direct that you return to answer the complaints against
you, and there being some informations come to us by the last
ships of great heats expressed by you against private persons
for matters that are or have been in difference or contest between
you, we do further think it for H.M. service and the quiet of the
Province, that you forbear (and discontinue if begun) any personal
resentment, prosecution or molestation whatsoever, upon your
own account against any person concerned in those complaints,
whilst the said complaints against you are depending and untill
H.M. have determined thereupon. [C.O. 5, 1361. pp. 2–4.] |
Aug. 17.
Whitehall. |
509. Council of Trade and Plantations to the Queen. Enclose
following, as ordered Aug. 3. Annexed, |
|
509. i. Additional Instructions to Lt. Governor Bennet.
Whereas we are above all things desirous that all our
subjects may enjoy their legal rights and properties,
you are to take especial care that if any person be
committed for any criminal matters (unless for treason,
felony or piracy plainly and specially express'd in the
warrant of Commitment) such person have free liberty
to petition, by himself or otherwise, the Cheif Baron or
any one of the Judges of the Common Pleas for a Writt of
Habeas Corpus, which upon such application shall be
granted and serv'd on the Provost Marshall, Goaler
or other Officer having the custody of such prisoner,
or shall be left at the goal or place where the prisoner is
confined. And the said Provost Marshal or other Officer
shall within three days after such service (on the
petitioner paying the fees and charges and giving security
that he will not escape by the way) make return of the
writt and prisoner before the Judge who granted out
the said writt, and there certify the true cause of the
imprisonment. And the said Baron or Judge shall
discharge such prisoner, taking his recognizance and
sureties for his appearance at the Court where the offence
is cognizable, and certify the said writ and recognizance
unto the Court, unless such offences appear to the said
Judge not bailable by the Law of England. And in
case the said Judge shall refuse to grant a Writt of
Habeas Corpus on view of the copy of Commitment,
or upon oath made of such copy having been denyed
the prisoner or any person requiring the same in his
behalf, or shall delay to discharge the prisoner after the
granting of such writt, the said Baron or Judge shall
incurr the forfeiture of his place. You are likewise
to declare our pleasure, that in case the Provost Marshall
or other Officer shall imprison any person above 12
hours, except by a Mittimus setting forth the cause
thereof, he be removed from his said office. And upon
the application of any person wrongfully committed,
the Baron or Judge shall issue his warrant to the Provost
Marshal or other Officer to bring the prisoner before
him, who shall be discharged without bail or paying
fees. And the Provost Marshal or other Officer refusing
obedience to such warrant, shall be thereupon removed,
and if the said Baron or Judge deny his warrant he
shall likewise incur the forfeiture of his place; you
shall give directions that no prisoner being set at large
by an Habeas Corpus be recommitted for the same offence,
but by the Court where he is bound to appear, and if
any Baron, Judge, Provost Marshal or other Officer
contrary hereunto, shall recommitt such person so
bailed or delivered, you are to remove him or them
from their places respectively. And if the Provost
Marshal or other Officer having the custody of the
prisoner neglect to return the Habeas Corpus or refuses
a copy of the Commitment within 6 hours after demand
made by the prisoner, or any other in his behalf, shall
likewise incurr the forfeiture of his place. And for the
better prevention of long imprisonments, you are to
appoint two Courts of Oyer and Terminer to be held
yearly, vizt. on the second Tuesday in December, and
the second Tuesday in June, the charge whereof to be
paid by the publick Treasury of our said Islands, not
exceeding 50l. each Session. You are to take care that
all prisoners in cases of treason, felony or piracy, have
free liberty to petition in open Court for their tryals,
and that such as are prisoners for treason and felony,
be indicted at the first Court of Oyer and Terminer,
unless it appears upon oath, that the witnesses against
them could not be produced, and that they be tryed
the second Court and discharged, and the Baron or
Judge, upon motion made the last day of the Sessions
in open Court, is to bail the prisoner, or upon the refusal
of the said Baron, Judge, and Provost Marshal or other
Officer to do their respective duties herein, shall be
removed from their places. And that such as are
prisoners for piracy be likewise tryed at the first Meeting
of the Commissioners appointed or to be appointed by
our special Commission for the tryal of pirats pursuant
to an Act of Parliament in that behalf, unless it appears
upon oath that the witnesses against them could not
be produced and that then they be tryed at the second
Meeting of the said Commissioners or discharged.
Provided always that no person be discharged out of
prison, who stands committed for debt, for any decree
of Chancery, or any legal Proceeding of any Court of
Records. And provided also that in case any Officer
in the said Islands do hold his place by vertue of our
Letters Patent, he be only suspended from the execution
of his place upon any misbehaviour as aforesaid untill
our royal pleasure be known. And for the preventing
any exactions that may be made upon prisoners, you
are to declare our pleasure, that no Baron or Judge
shall receive for himself or Clerks, for granting a Writ
of Habeas Corpus, more than 2s. 6d., and the like summ
for taking a recognizance, and that the Provost Marshall
shall not receive more than 5s. for every Commitment,
1s. 3d. for the Bond the prisoner is to sign, 1s. 3d. for
every copy of a Mittimus, and 1s. 3d. for every mile
he bringeth back the prisoner. And further you are to
cause this our Royal Pleasure hereby signifyed to you
to be made publick and registred in the Councill
Books of our said Islands of Bermuda. [C.O. 38, 6.
pp. 57–63.] |
Aug. 17.
St. James's. |
510. Order of Queen in Council. Referring back draught of
above Instruction to the Council of Trade and Plantations to add
the word piracy after felony, together with such other words as
they shall think requisite. Signed, Edward Southwell. Endorsed,
Recd. Read Aug. 25, 1704. ¾ p. [C.O. 37, 6. No. 23; and
38, 6. p. 84.] |
| Aug. 17. |
511. J. Thurston to Council of Trade and Plantations. The
Admiralty yesterday received advice that the Coventry man of
war, convoy to Newfoundland, has had the misfortune to be
taken by the French and carryed into Brest, and that several
ships under her convoy have been likewise taken. 471l. 13s. 9d.
of the soldiers' money was on board her etc. And although the
provision-ship is said to have escaped, yet if any accident has
befallen her elsewhere, if may be of the last ill consequence to
the garrison, as well as the want of their money, which may
cause them to desert, unless timely orders be given. Signed,
J. Thurston. P.S.—The Admiralty has appointed another man
of war, which will be ready in a week's time. Endorsed, Recd.
Read Aug. 17, 1704. 2 pp. [C.O. 194, 3. No. 28.] |
Aug. 18.
Whitehall. |
512. W. Popple, jr. to Mr. Lowndes. The Council of Trade
and Plantations enclose preceding and recommend Memoriall to
the Lord Treasurer. And whereas there may be likewise danger
of loosing the provision ship, and another convoy being appointed
for Newfoundland, their Lordships offer that a credit by a Letter
to Col. Dudley not exceeding 600l. sterl. be sent by the said
convoy to the Commander in Cheif of the garrison there, that in
case the said provision ship be lost he may dispatch a vessell to
New England, and by vertue of such credit procure from thence
such provisions as shall be necessary, untill the arrival of the
shipping the next year. [C.O. 195, 3. pp. 337, 338.] |
Aug. 18.
Whitehall. |
513. Council of Trade and Plantations to the Lord High
Treasurer. Enclose account of incidental expenses of the office,
Christmas to Midsummer. We have examined the particulars.
Total, 146l. 19s. 1d. [C.O. 389, 36. pp. 198, 199.] |
Aug. 18.
Whitehall. |
514. Receipt for a suit of soldiers' cloathing returned by
Lord Cornbury. Signed, Patrick Wardrope. Endorsed, Recd.
Aug. 18, 1704. ¾ p. [C.O. 5, 1048. No. 89; and 5, 1120.
p. 111.] |
Aug. 22.
Barbadoes. |
515. Governor Sir B. Granville to the Council of Trade and
Plantations. Acknowledges letters of June 29. I shall very
carefully observe all the directions in both. I send a
duplicate of my last letter, but am not provided with duplicates
from the offices of the publick papers. I shall send them
by the fleet, which will sail the 14th of next month, and
consequently arrive about the same time with this. I shall
then also give your Lordships a further account of the publick
proceedings here. Since my last there has another alteration
happened in the Councill, Mr. Tobias Frere, a member of it,
being offended a Cause he had in Chancery was decreed against
him, did in open Court tell me he would come no more to Councill,
upon which the number being under 7, I put in Mr. John Mills
a person every way well qualifyed, and I doe intreat your
Lordships' confirmation of him. Mr. Tobias Frere did as little
deserve that honour as any man, being a drunken, swearing,
profligate person. One Mr. Richd. Downs did lately give me a
mandamus dated in Feb. last for him to be sworn into the first
vacancy of the Councill, there are two at present by the death
of Mr. Callow here and Col. Farmer in England, however, I have
not as yet sworn him in, he being a man of a very ill life, and
I doe believe will appear to have cheifly bin the occasion of the
not sending an advice-boat to General Codrington when Walker's
fleet was here. He was at that time Treasurer, and would not
lay out the money; but of this I shall be able in my next to be
more particular. I am not very well in my health which must
be my excuse to your Lordships that I doe not enlarge further
at present. Signed, Bevill Granville. Endorsed, Recd. Read
Nov. 13, 1704. 3 pp. [C.O. 28, 7. No. 39; and 29, 9. pp.
83–85.] |
Aug. 22.
Whitehall. |
516. Council of Trade and Plantations to Governor Lord
Cornbury. Recommend Capt. Rednap to his Lordship's protection and countenance. [C.O. 5, 1120. p. 112.] |
| Aug. 22. |
517. Mr. Champante to the Council of Trade and Plantations.
Restates Capt. Nanfan's case. There being no probability of
his accounts ever being settled in New York, prays their Lordships
to interpose with my Lord Treasurer for his order for the
immediate payment to him of the 1,500l. lodged in Mr. Thrale's
hands, so that he may be at liberty to come over and account.
Proposes that sufficient security shall be given that Capt. Nanfan
shall stand the event of his accts. Signed, J. Champante.
Annexed, |
|
517. i. Capt. Nanfan's account with the Four Companys
of New York. Deb. Subsistance March 8–Dec. 24, 1701.
3,691l. 10s. 10d., and nett clearings, Dec. 24–June 24,
1701, 221l. 0s. 7d.:=3,912l. 11s. 5d. Cred. Payments,
5,564l. 13s. 5½d. Balance, 1,652l. 2s. 0½d. Deb. 10 p.c.
Of 3,912l. 11s. 5d.:=391l. 5s. Cred. Payments.
549l. 10s. 6¾d. Balance 158l. 5s. 6¾d. The whole
endorsed, Recd. Read Aug. 24, 1704. 5 pp. [C.O. 5,
1048. Nos. 90, 90.i.; and 5, 1120. pp. 210–215.] |
| Aug. 23. |
518. E. Jenings to the Council of Trade and Plantations.
Prays the Board to consider his expenses in coming to England
with the Virginia Bills etc. Signed, E. Jenings. Endorsed, Recd.
Read Aug. 23, 1704. 1 p. [C.O. 5, 1314. No. 30; and 5, 1361.
pp. 6, 7.] |
| Aug. 23. |
519. Nath. Blakiston, Agent for Maryland, to the Council
of Trade and Plantations. In obedience to H.M. injunction,
the Assembly of Maryland granted 300l. of their quota toward
carrying on some fortification in New York, in response to
Petitioner's persuasion, he being then Governor, tho' they were
fully persuaded that the erecting the said fortification would be
of no use to the defence of Maryland. But before they would
advance anything, the Speaker with some of the Assembly told
Petitioner that it was his opinion, and I would assure them to
use my best endeavours if in case their neighbours, Virginia
and Pensilvania, did not advance their proportions likewise,
then the Ordenance of Assembly should be voyd, and Petitioner
did accept it upon those termes. But since Virginia nor
Pensilvania have not shown ye least inclination towards theire
quota, besides the fortifications that ye mony was given for
is laid a side and ordered to be erected else where. Prays, on
behalf of the Assembly, that they may be discharg'd from the
said Ordinance. Endorsed, Recd. Read Aug. 23, 1704. Holograph.
1 p. [C.O. 5, 715. No. 80; and 5, 726. pp. 287, 288.] |
| [Aug. 24.] |
520. Mr. Lodwick to the Council of Trade and Plantations.
Prays for a speedy representation for confirming the Act of New
York reversing the proceedings against Col. Bayard and Mr.
Hutchins. Signed, Charles Lodwick. Endorsed, Recd. Read
Aug. 24, 1704. ¾ p. [C.O. 5, 1048. No. 91; and 5, 1120.
pp. 203, 204.] |
Aug. 24.
Whitehall. |
521. W. Popple, jr., to Mr. Lodwick. Encloses following,
which the Council of Trade and Plantations send you, that you
may get Mr. Attorney's report, so as that they may have it time
enough to lay the same before H.M. at next Councill. [C.O. 5,
1120. p. 208.] |
Aug. 24.
Whitehall. |
522. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion in point of Law
upon the [above Act of New York] as soon as conveniently you
can. [C.O. 5, 1120. p. 209.] |
Aug. 24.
Whitehall. |
523. Council of Trade and Plantations to Gov. Dudley. Since
ours of July 11, we have received none from you. We enclose
H.M. letter directing your proceedings in relation to H.M. and
the Lord High Admiral's shares of prizes, which directions you
are punctually to observe. We likewise herewith enclose H.M.
additional Instruction relating to the Acts for Trade and
Navigation [July 17], which you are to observe, and to give
notice accordingly to all Masters and owners of vessells, and to
all other persons concerned in the collecting of H.M. Customes
or any ways inspecting the Navigation and Trade into, or out of
the Provinces under your Government, that they may regulate
themselves accordingly during the present war and no longer.
We desire you to forward the enclosed letter to the Governor
and Company of H.M. Colony of Rhode Island. The Lord
Cornbury having complained to us, that severall of his letters
which were sent by the way of Boston had been opened before
they came to his hands, we desire you to give strict orders to the
Post Officers or others imployed in the carrying of those letters,
that no such thing may happen for the future. [C.O. 5, 911.
pp. 386–388.] |
Aug. 24.
Whitehall. |
524. W. Popple, jr., to J. Burchet. Encloses duplicate of
Heads of Enquiry etc. for Newfoundland. [C.O. 195, 3. pp.
338, 339.] |
Aug. 24.
Whitehall. |
525. Council of Trade and Plantations to Governor Seymour.
We have received yours of May 23 and are very glad thereby
to understand your safe arrival in Maryland, after the fatigues
of so tedious and dangerous a voyage. We have received also
the papers therewith transmitted, which we shal in due time
peruse, and return you such answers thereupon as may be
necessary. In the mean time we take notice of what you write
about the ill state of the Militia, and that the principles of some
of the inhabitants (particularly the Quakers) and the poverty of
others (unable to provide themselves arms and ammunition)
do obstruct the reformation you wou'd endeavour to introduce.
You will take care that the Quakers, who will not bear arms
themselves, do by mony or otherwise substitute other persons
to perform that duty in their stead. And as to the poverty of
the inhabitants, we conceive that arms are to be provided out
of the fund of 3d. per hhd., and we do not doubt but you will find
a competent sum in that stock, ready for that purpose, by which
arms may be provided here by the Agent of the Colony and sent
over to be distributed to the inhabitants that may want them,
upon their giving security to answer the value. As to Mr. Tench's
pretentions of having one half of the 12d. per hogshd. of such
tobacco as was cleared after your arrival, we can by no means
think it reasonable, and we doubt not but you will take care
accordingly. We inclose H.M. letter directing your proceedings
in relation to prizes etc. [Feb. 16]. We inclose H.M. additional
Instructions relating to seamen, etc. (July 17), which you are to
observe, and to give notice accordingly to masters and owners
of vessels and to all other persons concerned in the collecting
of H.M. Customs, or any ways inspecting the Navigation and
Trade into or out of your Government, that they may regulate
themselves accordingly, during the present war, and no longer.
[C.O. 5, 726. pp. 297–299.] |
| Aug. 24. |
526. W. Popple, jr., to Josiash Burchett. Encloses extracts
of letters from Governor Handasyd and Governor Sir B. Granville
to be laid before H.R.H. Council. [C.O. 138, 11. p. 313.] |
Aug. 24.
Whitehall. |
527. Council of Trade and Plantations to Governor Nicholson.
Acknowledge letters of May 31 and June 6, which we shall answer
by the first opportunity. Enclose Instructions relating to shares
of Prizes [see Feb. 16], and to seamen [see July 17]. [C.O. 5, 1361.
pp. 21–23.] |
Aug. 24.
Cockpitt. |
528. Sir C. Hedges to the Council of Trade and Plantations.
Encloses Laws and Journals lately received from Virginia and
Maryland. I am to desire that you will let me know, if you can,
what prisoners the French have of ours in the West Indies. Signed,
C. Hedges. Endorsed, Recd. Read Aug. 25, 1704. Holograph.
1 p. [C.O. 137, 6. No. 62; and 138, 11. pp. 318, 319.] |
Aug. 24.
Whitehall. |
529. Council of Trade and Plantations to Lt. Governor
Bennett. We are now to answer your letters of Oct. 19, Jan. 11,
Aprill 20, May 31 and June 10. By the letters writ you by the
Earle of Nottingham, relating to Trade with the Spaniards, you
will see how you are to govern yourself in this conjuncture, unto
which we have nothing to add. As to Daniel Smith, who you
say is under confinement on account of piracy, you are to proceed
against him according to Law. You have here inclosed the
duplicates of our letters relating to intelligence had in France
by letters taken on board Plantation ships, and of our letter
inclosing H.M. Proclamation for settling the rates of foreign
coines in the Plantations, the contents of both which we doubt
not but you will carefully observe. Whereas formerly a magazine
ship used annually to be sent from Bermuda laden with tobacco
to England, but no such ship having come of late, we desire you
to give us a particular account of the tobacco annually planted,
and what quantity is exported, and to what places, and how it
comes to pass that no such magazine ship has been sent of late
years, which will be most properly done by a certificate under
the hand of the Collector of the Plantation dutys. Upon the
reason you give for not sending over the accounts of the Revenue,
because the Auditor was sick, we must observe that you ought
to appoint some other fit person to officiate in his stead during
his indisposition, to examine the said accounts before your self
in Councill, in order to their being regularly transmitted according
to your Instructions, and desire you to send us the accounts of
the Revenue since your Government, as also transcripts of the
Journals of the Assembly and Minutes of the Councill for the
same time, as likewise the Naval Officers' lists of ships entred
and cleared at Bermuda, and of all other papers of publick
Proceedings which you are directed by your Instructions to send.
We have laid before H.M. the several Laws past at Bermuda
from 1690 to 1694, and shall goe on with the rest. We send you
H.M. orders thereupon, that you may take notice thereof
accordingly, and take care that they be duly registered. Quote
Representation of July 18 etc. There are other Acts past in the
foresaid years, which we have not laid before H.M., vizt. An Act
for establishing and regulating Courts of Judicature, tho' we have
no particular objection thereunto, yet we consider that whilst
it is left in this manner unconfirmed (tho' in force) you may, as
you see occasion, get such alterations and additions made thereunto,
as may render it more full and perfect. An Act for vessells paying
powder money, upon which we must observe that the powder
duty ought to be paid in specie and not in money, and therefore
you will do well to get that rectifyed by a subsequent Act. There
are four other Acts vizt. An Act for trying any debts or difference
not exceeding 20s. by the Justices of Peace. An Act for recovery
of debts from persons insolvent. An Act quieting men's estates and
preventing law suits. And an Act for the alteration and amendment
of several Acts of Assembly, unto which Mr. Sollicitor General
having made some objections [Dec. 6] we send you the same here
inclosed, that you may also endeavour to get these Acts rectifyed
in the first Assembly. In the collection of the Laws of Bermuda
which you sent us, Oct. 19, we find the Act against bastardy
and incontinency, which was past in 1690 or 1691 to be wanting,
the reason whereof we desire you to inform us. But in the said
Collection, we find severall Acts said to be past in 1694, 1698
and 1701, which have not been formerly transmitted hither.
We send you therefore a list of the said Acts that you may examine
the same, and then inform us of the reasons why they were not
sent with the other Acts past in the foresaid years. Enclose
H.M. Instructions relating to shares of prizes [Feb. 16], and to
seamen [July 17]. Annexed, |
|
529. i. List of Bermuda Acts contained in the body of Laws,
1703, which have not been formerly sent to this office.
[C.O. 38, 6. pp. 72–84.] |
Aug. 24.
Whitehall. |
530. Council of Trade and Plantations to Governor Lord
Cornbury. We are to acknowledge the receipt of your letters
of June 17, 22, 24, 26 and 30, with the Papers therein referred to,
which we shall take into consideration and return our answers
by the first opportunity. In the mean time we shall only observe
that the Acts transmitted with the foresaid letters have not any
dates nor so much as the year of the sitting of the Assembly in
which they were past, and therefore we desire your Lordship
to inform us thereof by your first letter, and that for the future
your Lordship would take care that the time of your Lordship's
passing any Acts be always certified by you at the end of the
said Acts. Enclose H.M. Instructions relating to shares of prizes
[see Feb. 16], and seamen [see July 17]. And whereas your
Lordship does by your letter of June 30 represent unto us that
the Colony is in want of all sorts of stores, having received none
from England since those your Lordship took with you, so that
you pray a supply, we are to observe to your Lordship that we
dispair of success in our application to the Queen for such supply
of stores untill your Lordship do give us an account of the disposal
of such stores as have been of late yeares sent to New Yorke,
and more particularly of those your Lordship took with you;
and further we desire that upon occasion of such demand you
do enumerate the particulars and quantities, and to what use they
are to be applyed. P.S.—We desire your Lordship to forward
the inclosed packet to the Govt. and Company of Connecticut.
[C.O. 5, 1120. pp. 204–207.] |
Aug. 24.
Whitehall. |
531. William Popple, jr., to Mr. Lowndes. The Council of
Trade and Plantations desire you to move the Lord High Treasurer
to direct Mr. Baker to take care of expediting the new Commissions
for trying pirates in the Plantations [Aug. 3]. [C.O. 324, 9.
pp. 31, 32.] |
Aug. 25.
Whitehall. |
532. Council of Trade and Plantations to Mr. Secretary
Hedges. We do not know of any English prisoners taken by the
French in the West Indies, except those we have already mentioned,
and believe there are not any such from Jamaica, for that Col.
Handasyd has lately sent over several French prisoners, which
he would not have done, had there been any English in their
hands. Autographs. 1 p. [C.O. 5, 751. No. 53; and 138, 11.
pp. 319, 320.] |
Aug. 25.
Whitehall. |
533. Council of Trade and Plantations to the Queen. Your
Majesty having given directions to your several Governors in
America to revise the Laws of their respective Governments and
transmit unto us a compleat collection thereof so revised, with
such alterations and amendments as might be most for your
Majesty's service and advantage of the Colony, Gov. Nicholson
has accordingly sent to us a collection of such Bills compiled by
a Committee of the Council and Assembly, by which the many
laws of Virginia are brought into a more methodical and
compendious form, which Bills we have taken into consideration
and have been attended therein by Mr. Jennings, Secretary of
your Majesty's said Coloney, and have consulted the Commissioners of your Majesty's Customes upon such of those Bills as
relate to Trade as also your Majesty's Attorney Generall in point
of law, and having received their opinions and made such
alterations as we judge proper for your Majesty's service and
the benefit of that Colony, we humbly offer that the said Bills
be remitted back to your Majesty's Governor of Virginia, that
the same may be laid before the Councill and Assembly for their
further consideration, in order to their being passed into Acts
in the usual manner. [C.O. 5, 1361. pp. 24, 25.] |
Aug. 25.
Whitehall. |
534. Council of Trade and Plantations to Governor Handasyd.
Enclose duplicates. We have received yours of May 4 and 19
and June 19. We have sent to Mr. Secretary Hedges what you
write in relation to the French prisoners sent home. We have
laid before H.R.H. the Lord High Admiral what you write about
the late Captain of the Sea Horse, about the Mermaid man of
war, and the want of spare masts to refit H.M. ships, as there
may be occasion, and we wish you had sent us the particulars
relating to the Sea Horse (as you promised to do in your next)
that we might have also laid the same before the Lord High
Admiral; but however in all cases relating to H.M. ships of war
you are likewise to make immediate application to the Lord
High Admiral's Council, giving us at the same time notice thereof.
We have received the Acts and other papers transmitted with
your foresaid letter, but we must remind you of transmitting to
us quarterly, or as often as conveniently may be, the Naval
Officers' lists of ships entred and cleared at Jamaica, according
to your Instructions relating to the Acts of Trade and Navigation,
that we may have a perfect account of the state of the trade of
Jamaica. We have laid before H.M. the Act passed in November,
1703, for raising a publick revenue etc. which H.M. has been
graciously pleased to approve, the confirmation thereof you
will receive with our next. We send you here inclosed some
observations made by the Lord High Treasurer upon the said
Act, that you may endeavour to get such of the defects mentioned
therein explained and remedyed by a subsequent Act. In the
meantime we desire you to return us your distinct answer to the
several particulars in the said observations. And whereas in
the Act for ascertaining and establishing and more speedy collecting
H.M. quit-rents there is a clause whereby all quit-rents due before
Michaelmas 1692 are discharged, we desire you to explain that
matter to us, because the loss of the Receiver General's books
of accounts and of all papers relating to quit rents by the
earthquake does not seem unto us a sufficient reason for such a discharge. We inclose H.M. Instructions relating to shares of prizes
[Feb. 16] and seamen [July 17]. [C.O. 138, 11. pp. 314–317.] |
Aug. 25.
Whitehall. |
535. Council of Trade and Plantations to the Queen.
Recommend that Col. Johnson be confirmed in his post, his
Commission and salary to date from July 1, 1703 [see July 12].
[C.O. 153, 9. p. 32.] |
Aug. 25.
Whitehall. |
536. Council of Trade and Plantations to Governor Sir
Wm. Matthew, Knt. We have received no letter from you since
ours of June 29, but we are in daily expectation to hear of your
safe arrival. We send you the extract of a letter from Capt.
Lloyd, Commander of the Company at Newfoundland, relating
to the piratical proceedings of George Bald, Commander of the
Adventure, a New England sloop commissioned by Col. Codrington,
that you may make enquiry into that matter, and if the complaint
be found true, that you do your best endeavours that the offenders
be brought to condign punishment, this may serve as a caution
to you not to grant Commissions to privateers without sufficient
security. Having had under consideration several laws of the
Plantations, we find it absolutely necessary to remind you of
that Instruction which directs you to send over a compleat
collection of all the Laws in force in each respective Island under
your Government, with the years when the said Acts were passed.
Which therefore we desire you to do with all possible dispatch.
Our letter to Col. Codrington of Feb. 16, having by mistake
been carryed by the packet boat to Jamaica and from thence
returned hither, we send you the same here inclosed, lest the
duplicate should also have miscarryed. Enclose H.M. Instructions
relating to shares of prizes [Feb. 16] and seamen [July 17]. [C.O.
153, 9. pp. 33–36.] |
Aug. 25.
Whitehall. |
537. Council of Trade and Plantations to Mr. Secretary
Hedges. H.M. having thought fit to appoint a Day of Public
Thanksgiving throughout England for the great successes of
H.M. arms near the Danube, and there being shipping ready for
the Plantations, we put you in mind of those parts, in order to
H.M. direction for the like Thanksgiving in her several Colonies
in America. We should be glad to know H.M. pleasure before
to-morrow night, in order to the dispatch of our letters by the
first post to Plymouth, where the ships are ready to saile to the
Continent. Autographs. 1 p. [C.O. 5, 3. No. 18; and 324, 9.
p. 33.] |
Aug. 25.
Whitehall. |
538. Circular letter from the Council of Trade and Plantations
to the several Governors and Proprietors in America. It having
pleased Almighty God to give H.M. a compleat and glorious
victory over her enemies near the Danube under the conduct of
his Grace the Duke of Marlborough, and H.M. having thought
fitt in acknowledgement of so great a blessing to appoint a Day
of Thanksgiving here in England, which as it cannot be so soon
complyed with by you, we herewith enclose to you the said
Proclamation with directions that upon receipt thereof you
appoint a proper and speedy day to be kept by all H.M. good
subjects under your Government in like manner as is prescribed
by the said Proclamation. [C.O. 324, 9. p. 34; and 5, 1291.
p. 45.] |
Aug. 25.
Whitehall. |
539. Council of Trade and Plantations to the Queen. Having
received information from Governor Sir B. Granville of an indirect
practice very long made use of in that Island, of allowing of
messages to be brought thither by flags of truce from Martinico,
whereby a correspondence was entertained with the French,
and illegal trade carried on, we did thereupon write to him, that
he should forbid the said practice for the future, except upon
very extraordinary occasions, which as we are informed he has
accordingly done. And whereas Samuel Cox, one of the Councill
of that Island, having been represented to us as having favoured
the practice, was thereupon suspended from his place in your
Majesty's said Council, but upon full examination has been cleared
from that imputation, and is represented to us by the Council
there as a person well affected to your Majesty's service, we
humbly offer that your Majesty be pleased to direct Sir B.
Granville to take off the said suspension. [C.O. 29, 8. pp.
461, 462.] |
Aug. 25.
Whitehall. |
540. Council of Trade and Plantations to Governor Sir B.
Granville. Enclose duplicates and acknowledge letter of May 24.
We have laid before H.R.H. the Lord High Admiral what you
write concerning guard ships. We desire you to transmit unto
us quarterly, or as often as conveniently may be, the Naval Officers'
lists of ships entred and cleared at Barbados, according to your
Instructions, relating to the Acts of Trade and Navigation, that
we may have a perfect account of the state of the Trade of
Barbados. Upon our considering the laws of Barbados and other
Plantations, we find it absolutely necessary for H.M. service
that we have compleat collections of all the laws in force in each
respective Government, with the years when the said Acts were
past, and therefore, we desire you to send us such a collection
with all possible dispatch. Enclose H.M. letter relating to Prizes
[Feb. 16] and Seamen [July 17], etc. [C.O. 29, 8. pp. 463–465.] |
Aug. 26.
Whitehall. |
541. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations enclose you Lord Cornbury's letter of
June 26 relating to the seizure of the Eagle galley, and the proceedings relating to it etc. They desire, upon hearing the parties
concerned, your opinion thereupon, whether the same be a legal
seizure, or what may be fit to be done therein. You will be
attended by Sir Jeffry Jeffreys on the one side and Mr. Barker
in behalf of Mr. Byerly, Collector at New York, on the other.
[C.O. 5, 1120. pp. 216, 217.] |
Aug. 26.
Whitehall. |
542. W. Popple, jr., to Wm. Lowndes. Encloses letters
from Lord Cornbury, June 17 and 22, and other papers relating
to the accounts of Lord Bellomont and Capt. Nanfan, to be laid
before the Lord Treasurer for examination, and also Mr.
Champante's Memorial, Aug. 24. [q.v.]. [C.O. 5, 1120. pp.
217, 218.] |
Aug. 30.
Whitehall. |
543. Sir R. Harley to the Lord High Treasurer. I am
commanded by H.M. to refer enclosed petition for your
consideration. Signed, Ro. Harley. 1 p. Enclosed, |
|
543. i. John Taylor to the Queen. Petitioner has contracted
with the Commissioners of the Navy to supply two
ships' loadings of masts yearly from Piscataqua. The
Government of that place demands a duty of petitioner's
mast shipps, because the ships are [? not] owned by
one that lives there, though they were built in that
country, which is making Englishmen aliens. The
duty is exacted from none but such as come for masts,
because none other trade thither but inhabitants' ships,
which are exempted from ye duty. Prays for an Order
that [? no] other dutys may be exacted from his said
mast shipps, than what is payable for vessels built there
and owned by the inhabitants. Subscribed, Whitehall,
Treasury Chambers, Sept. 12. The Lord High Treasurer
refers this petition to the Commissioners of Customs
for their report. Signed, Wm. Lowndes. 1 p. [C.O. 5,
863. Nos. 116, 116.i.] |
Aug. 31.
Nevis. |
544. Governor Sir Wm. Mathew to the Council of Trade
and Plantations. I have two letters from your Lordships of
June 29, the one signifying H.M. pleasure, relating to foreign
coyn, etc. By the other I find H.M. has bin informed that accounts
have bin sent by private persons of the state of these H.M.
Collonies. I shall forthwith so make known H.M. pleasure as
that the same may be prevented for the future and the ill
consequences may attend such practices avoided. Your Lordships may be assured of my due obedience as to every particular
conteined in them both. I have given directions for the
transcribing of all the Acts in force, which shall be remitted
to your Lordships so soon as they can possibly be compleated.
The state of the Islands so far as I can yet observe is as follows.
Antigua being very large, having many landing places, no fort,
or battery, of any consequence, verry few people fit to bear armes,
and those at great distance from each other, occasioned by the
vast tracts of land in the possession of a small number of persons,
renders it verry weake. I have earnestly recommended the
consideration thereoff to the Councill and Assembly and offered
my thoughts what is fit to be don, and shall as speedily as possible
return in order to encourage the effect thereoff. Mountserrat
being the second Island I have vissited, is but indifferently peopled,
at great distances and most Irish Roman Chatholicks, but I'me
of opinion while they are not roughly handled great benefit may
be expected from them, and the rather because not one deserted
at the enterprize of Guardaloupe. The Island is difficult of
accesse, tho' the French have threatened to attack it with their
privateers which have bin verry numerous in these parts. Nevis,
the Island from whence I send your Lordshipps this account,
is in much the best posture for service and defence of any Island
I have seen in this Government. I must do Lt. Governor Johnson
that justice to tell your Lordps. it is cheifly owing to his great
care and dilligence, and that his zeal for H.M. service truly deserves
your Lordshipps' favour. My next motion will be for St.
Christophers, the state of which I shall send by the next packet,
fearing I cannot get it ready by the time the Fleet will sail, when
I shall send a list of the strength of the severall Islands in better
form. Our great want is gunns from 12 to 24 pounders; if H.M.
would be graciously pleased to order 40 of that size for these her
Islands, wee should be as it is our duty allwayse ready to employ
them for her service; carriages and all things else propper for
them shall be provided here. The Fleet amounting to about 50
odd sail from the Leeward Islands will sail about Sep. 18. The
Island of St. Thomas supplying the French constantly with
provisions and what else they want, proves much to our prejudice,
'tis the enemy's privateers' harbour, 'tis thence they gett intelligence
and in a manner have their subsistance, provisions being carryed
thither from New England and that North part of America.
The Islands are in perfect health, the soldiers so well seasoned
and known that the number at present heere may be truly be
vallued at double the number can be sent. There being so many
Islands to protect and the Trade belonging to them makes it
absolutely necessary I should apply to your Lordships for another
frigott, one of those here being but an indifferent saylor, and
neither of any considerable force. I should be glad to know
how far my power reaches as to the exchange of prisoners, by
what I can learn the French are desirous of a cartell. I beg
your Lordships' favour in what relates to my advancement in the
Army, being at present one of the eldest, if not the oldest Collonel,
my brother Shrimpton being but few dayes older then myself
made a Brigadeer, I humbly hope thro' your Lordships' favour
the distance I serve at may not be a means of loosing my
preferment. Signed, Will. Mathew. Endorsed, Recd. Read
Nov. 13, 1704. Holograph. 7 pp. [C.O. 152, 5. No. 79;
and 153, 9. pp. 42–46.] |
| Aug. 31. |
545. Attorney General to the Council of Trade and Plantations. I find nothing in the Act of New York (reversing the
proceedings against Bayard and Hutchins,) contrary to Law or
Justice or prejudiciall to H.M. Royall prerogative, but in regard
that the record of the Attainders are to be destroyed, persons
who have acted innocently under the orders of those who had
power to command them may thereby be subjected to actions
for what they have so done without any possibility of defending
themselves. I wish there had been in the Act a clause for their
indemnification, and I submit it to your Lordships' consideration
whether Col. Bayard and Mr. Hutchins should not be required
under their hands and seales to declare that they will not bring
any such actions. Signed, Edw. Northey. Endorsed, Recd.
Read Sept. 12, 1704. 1 p. [C.O. 5, 1048. No. 92; and 5,
1120. pp. 218, 219.] |
