America and West Indies
April 1705, 1-8

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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475-480

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'America and West Indies: April 1705, 1-8', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 475-480. URL: http://www.british-history.ac.uk/report.aspx?compid=73683 Date accessed: 26 July 2014.


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Contents

April 1705, 1-8

April 1.
Bermuda.
1001. Lt. Governor Bennett to [? Sir Charles Hedges]. Repeats parts of letters of March 31 and April 4, relating to Edward Jones. Signed, Ben. Bennett. Holograph. 2 pp. Enclosed,
1001. i. Abstract of papers relating to Capt. Jones transmitted to the Secretary's Office [see March 31 and Apr. 4]. 5 pp. [C.O. 37, 26. Nos. 11, 12.]
April 1.
Bermuda.
1002. Lt. Governor Bennett to the Council of Trade and Plantations. I presume with this Mr. Noden lays before your Lordships several papers relating to Capt. Jones [see Dec. 28]. I hope I shall not be adjudged a promoter of his prosecution by transmitting them, which I could not reasonally avoyd, the Assembly addressing me soe to doe. Signed, Ben. Bennett. Recd. Nov. 28, 1705, Read Feb. 4, 1705/6. Holograph. 1 p. [C.O. 37, 7. No. 12; and 38, 6. p. 146.]
[April 2.]1003. Sir John Colleton to the Council of Trade and Plantations. Since H.M. Order to the Governor of Barbados to appoint some disinterested person to try his case, James Colleton still prevents the trial by unjust delays, and to that end now endeavours to get himself appointed one of the Council of that Island. Prays that H.M. Order may be observed, etc. Endorsed, Recd. Read April 2, 1705. 1 p. [C.O. 28, 7. No. 150.]
April 2.
Cockpit.
1004. Mr. Secretary Hedges to the Council of Trade and Plantations. I am to signify H.M. pleasure that you prepare a draught of a Commission and Instructions for Col. Edward Nott to be Governor of Virginia, to be laid before H.M. Signed, Ch. Hedges. Endorsed, Recd. Read April 2, 1705. ¾ p. [C.O. 5, 1314. No. 46; and 5, 1361. p. 69.]
April 2.
Whitehall.
1005. Council of Trade and Plantations to Mr. Secretary Hedges. In answer to yours of March 28, we propose that a letter (the draught whereof is here enclosed, see April 20), be sent by yourself or us to the several Governors for the exempting those pacquet boats from the powder duty. But as for other duties for goods to be landed by them, we are of opinion that the said pacquet-boats should be equally liable as other trading vessels. [C.O. 324, 9. pp. 86, 87.]
April 2.1006. Copy of Minutes of Council of Jamaica, April 2, relating to exchange of prisoners. 2¼ pp. [C.O. 137, 45. Nos. 63; and (duplicate) 63.i.]
April 3.
Whitehall.
1007. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose draft of Circular Letter to Governors on the Continent of America, relating to Naval Stores [see April 20]. [C.O. 324, 9. pp. 88–90.]
April 3.
Whitehall.
1008. Council of Trade and Plantations to Mr. Secretary Harley. Recommend that Mr. Bridger be appointed Surveyor General of the Woods [see March 29]. [C.O. 324, 9. pp. 90, 91.]
April 4.
Bermuda.
1009. Lt. Governor Bennett to Mr. Popple. Repeats part of letter of March 31. Capt. Jones will not have the patience to stay their Lordships' directions as to the proffits of his Offices during his suspension, for he has commenced an action against one of the tenants and also against the Marshal I made so since he was suspended. Acknowledges letter of Nov. 30, received yesterday. I am concerned their Lordps. think me negligent, for I am continually a writeing and never doe miss any oppertunity of sending etc. Enumerates letters sent. Signed, B. Bennett. Endorsed, Recd. 6th, Read Aug. 10th, 1705. Holograph. 3½ pp. Enclosed,
1009. i. Copy of Proceedings relating to Edward Jones since his arrival in Bermuda. Endorsed, Recd. Aug. 6, 1705. 23 pp.
1009. ii. Mr. Charles Minors' Record of Mr. Jones' proceedings since his arrival, and of the papers delivered to him. Endorsed as preceding. 3½ pp.
1009. iii. Council of Bermuda to Lt. Gov. Bennet. As it is your Excellency's opinion that Capt. Jones has a right, by virtue of H.M. late grant, to act as Clerk of the Council, so wee humbly conceive wee cannot enjoy the usual freedom in Council in the presence of our professed enemy, especially when the Minutes are to be made by him, etc. Pray H.E. to appoint some other person to officiate as Clerk of the Council and of Chancery till H.M. pleasure be known, or else to be excused appearing in Council or Court. Signed, Richard Peniston, Cha. Walker, Anthony White, Thomas Harford, Mich. Burrows, St. George Tucker, Benjamin Hinson, Patrick Downing, Sam. Spofferth. March 10, 1705. Endorsed as preceding. 1 p.
1009. iv. Report of a Committee of the Council of Bermuda appointed by Lt. Gov. Bennett to enquire into the claim of Capt. Jones, as Secretary, to sit and act in Council as Clerk of the same and of the Courts of Chancery, Feb. 27, 1704/5. Although the Secretary, may sit and act in Council as Clerk in all public matters, yet in all private matters and causes a select Clerk ought to be appointed by the Judges. Capt. Jones cannot nor ought to be Clerk of any Court of Judicature in these Islands, and especially as his patent appoints him to be Provost Marshal, etc. Signed, Richard Peniston, Cha. Walker, Anthony White, Thomas Harford, Benj. Hinson, Patrick Downing, St. George Tucker, Mich. Burrows. 1 large p. [C.O. 37, 7. Nos. 10, 10.i.–iii; and (without enclosures) 38, 6. pp. 135–140; and (enclosures only) 37, 26. Nos. 7–10.]
April 5.1010. Mr. Cox and others to the Council of Trade and Plantations. Lord Cornbury's report, Nov. 4, 1704, relating to the Quakers in West Jersey, seems to be just, reasonable and well grounded. His objections (Jan. 14) to the qualifications of the Electorate etc. are true and unanswerable. Pray for an alteration accordingly, etc., etc. Offer an alternative Bill. Ed. Hunlocke and Sam. Leonard, being dead, pray that the vacancies in the Council be filled, "which would be the more necessary if your Lordships shall think fitt to represent to H.M. that the Quakers may be excluded from the Council, the Assembly and all other places of publick trust." Signed, Dan. Coxe, jr., Peter Sonmans, Wm. Dockwra. Endorsed, Recd. Read April 5, 1705. 1 large p. [C.O. 5, 970. No. 26.]
April 5.
Whitehall.
1011. Council of Trade and Plantations to the Queen. Enclose following,
1011. i. Commission for Col. Edward Nott to be Lieut. and Governor General of Virginia. (April 25, 1705). Similar to Commission of Governor Codrington abstracted C.S.P. 1699. No. 382. q.v. Add:—Three Councillors to be a quorum. The Governor to make up their number to 9, if ever there shall happen to be less. With the advice and consent of the Council, he is to summon Assemblies, who are to take the oaths appointed. With advice and consent of Council and Assembly to make Laws, which are to be agreable to the Laws of England, etc. To constitute Judges, Justices, Sheriffs, etc., and to administer or cause to be administered unto them such oath and oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial causes. Power to build and fortify forts and towns, etc. Upon his death or absence, if there be no Commander in Chief, the Council to take the administration of the Government, and the first Councillor to preside. Upon publication of this, Col. Nicholson's Commission to cease. [C.O. 5, 1361. pp. 80–104.]
April 5.
St. James's.
1012. Order of Queen in Council. Mr. Secretary Hedges to prepare a warrant for H.M. signature for passing Col. Nott's Commission, as preceding. Signed, Chris. Musgrave. Endorsed, Recd. Read May 2, 1705. ¾ p. [C.O. 5, 1314. No. 48; and 5, 1361. p. 200.]
April 5.
Whitehall.
1013. Council of Trade and Plantations to the Queen. We are humbly of opinion that the appointing of proper places for lading and unlading ships [see March 29] is necessary for carrying on a fair and regular trade, the power of appointing whereof is vested in your Majesty. Such appointment will be particularly useful in Virginia, by reason of the great rivers and the scattered habitations of the Planters. As the appointing of such places has been a matter of much time and difficulty [see C.S.P. 1674–1692], so great care ought to be taken that the Planters as well as Merchants may be satisfied therein, lest it should discourage the inhabitants and induce them to remove to other less usefull Plantations. We therefore offer that your Majesty would give an Instruction to your Governor now going thither to lay this whole affair immediately upon his arrival before the Council with the papers we shall furnish him with, and with the Order for suspending a Law past in Virginia in this behalf, and that thereupon the whole matter be recommended to the General Assembly of Virginia, who may advise with the officers of your Majesty's Customes in those parts and frame a law to be presented to your Majesty, which may take in as much as possible the severall interests of your Majesty's subjects there and merchants here; and that in the said Law the term of two years may be allowed from the passing thereof for the building of towns and warehouses and for the setting out and appointing Keys and Wharfs for the loading and unloading of goods exclusive of any other, which number of towns ought not to exceed three at the most on each of the four great Rivers and two on the Eastern Shore, and that like directions may be given to the Governor of Maryland, that the trade of both Provinces may be carried on by the same methods as equally advantagious to your Majesty's service in those parts. [C.O. 5, 1361. pp. 104–107.]
April 5.
St. James's.
1014. Order of Queen in Council. Approving preceding. Instructions to be prepared for H.M. signature as proposed. Signed, Chris. Musgrave. Endorsed, Recd. Read April 11, 1705. 1 p. [C.O. 5, 1314. No. 47; and 5, 1361. pp. 109, 110.]
[April 5.]1015. Sir Tho. Frankland to [? the Council of Trade and Plantations]. H.M. having ordered that the complaints against Governor Nicholson be transmitted to him that he might have an opportunity of justifying himself, and meantime having appointed Major Nott to succeed him, prays a letter from H.M. that this is not out of any regard to the complaints against him, nor out of any dissatisfaction to his administration, but that he doth stand fair in H.M. favour for any other post of trust. Endorsed, Recd. Read April 5, 1705. 1 p. [C.O. 5, 1314. No. 50; and 5, 1361. p. 108.]
April 5.1016. List of the places the merchants conceive proper to be established as Ports in Virginia. James River, for the Upper part, Flower de Hundred; Lower, Nanzimond. York River, Upper part, West Point, Lower, Tindall's Point. Williamsburgh for James and York River. Rappahanock River, Upper part, Hobb's Hole; Lower, Corotoman. Potomack, Upper, the Mouth of Aquia, Lower, Yeocomoco. Eastern Shore, Upper,—; Lower, King's Creek. Signed, Micajah Perry, E. Jenings and 20 others. Endorsed, Recd. Read April 5, 1705. 1 p. [C.O. 5, 1314. No. 49.]
April 5.
Boston.
1017. Governor Dudley to Mr. Popple. Since the forces from this place did the spoyle last summer in L'Accadie and the remove of the people from all parts to Port Royall, six of that garrison upon pretence of great hardships from Mr. Brouillan, their Governor, have deserted and brought away a sloop loaden with grayn, worth about 100l., which happened but two dayes since. I shall direct the vessel and grain to be condemned and the whole then is belonging to H.M., if it might consist with their Lordships' judgment and I might have leave to give it to the deserters, or any part of it, and if it were once known as I can easily make it to be amongst the soldiers at Port Royal, I may chance to see a good part of that garrison desert in a short time, and make the taking of that place more easy, etc. Signed, J. Dudley. Endorsed, Recd. Sept. 1, Read Dec. 17, 1705. Holograph. 1½ pp. [C.O. 5, 863. No. 134; and 5, 912. pp. 27, 28.]
April 8.
Barbados.
1018. Governor Sir B. Granville to the Council of Trade and Plantations. By this mail from England I have not any letters from your Lordships, the last I received was dated Nov. 30. Encloses all the Acts in force to July 13, 1704, and two lately passed; also the Minutes of Council and Assembly. I have here very strictly pursued H.M. Proclamation about regulateing the coyn, but it is not soe observed either at the Leeward Islands or on the Continent, wch. makes this Collony labour under great disadvantages, the smaller peices goe still there as formerly and the greater as crowns and halfe crowns only by weight, and that not regularly, the small money will be all transported from hence if your Lordshipps are not pleased to take this matter into your consideration. The sloop Anne, one of the vessels fitted out by this Island, brought in here the 1st of this month a small French privateer of 4 guns and 50 men, wch. she took in this latitude. Four of H.M. subjects were taken on board this privateer in arms, and I am informed many more are on board severall other of the French privateers. Signed, Bevill Granville. Endorsed, Recd. 6th, Read Aug. 10th, 1705. 1½ pp. [C.O. 28, 9. No. 2; and 29, 9. pp. 361–363.]