America and West Indies
April 1705, 21-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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503-510

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'America and West Indies: April 1705, 21-30', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 503-510. URL: http://www.british-history.ac.uk/report.aspx?compid=73685 Date accessed: 18 September 2014.


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April 1705, 21-30

April 21.
Waterstock.
1060. Sir H. Ashhurst to W. Popple, jr. Recd. yours of 18th inst. jest now with ye inclosed petition referred by ye Queen and Council to ye Council of Trade and Plantations. Prays to be heard on returning to town before they return answer to H.M. Signed, Hen. Ashhurst. Endorsed, Recd. Read April 24, 1705. Addressed. Postmark. ¾ p. Enclosed,
1060. i. Humble petition of the people called Quakers on behalfe of that people in Connecticut Colony in New England. Notwithstanding the great favour which for severall years all Protestant dissenters have here injoyed under the kind influence of the Goverment, wee understand in that Colony a penall Law is made against our friends and printed at Boston in 1702. The Act hath a tendency to extirpate our friends out of that Colony by subjecting them to the grievous penaltyes therein contained. Pray H.M. to disallow it. The penalties of it are esteemed so much the moor hard as being made by persons who have no less the advantage of toleration than the Queen's petitioners. 1 p. On back. St. James's. April 8, 1705. H.M. refers above petition to the Council of Trade and Plantations for their report. Signed, Ro. Harley.
1060. ii. Copy of Act of Connecticut entituled Hereticks. To prevent the danger persons are in of being poysoned in their judgements and principles by Hereticks, whether Quakers, Ranters, Adamites or such-like, it is hereby enacted that no persons in this Colony shall give any unnecessary entertainment unto any Quaker, Ranter, Adamite or other notorious Heretick on penalty of 5l., and 5l. per week shall be payd by each Towne that shall suffer their entertainment. And further, that it shall be in the power of the Governour, Deputy Governour or Assistants to order that all such Hereticks as aforesaid be committed to prison or sent out of this Colony, and no person shall unnecessarily fall into discourse with any such Hereticks upon the penalty of 20s. No person shall keep any Quaker's Books or manuscripts containing their errors (except the Governor, magistrates and elders) upon penalty of 10s. per time etc. All such books shall by the Constable be seized and delivered to some Assistant or J.P., to be kept by him until the next County Court, and then the said County Court shall take care that all such Books be utterly suppressed. No master of any vessell shall land such Hereticks in this Colony, which if they doe, they shall be compelled to transport them out of it upon penalty of 20l. Endorsed, April 17, 1705. 1 p. [C.O. 5, 1263. Nos. 15, 15.i., ii.; and (without enclosures) 5, 1291. pp. 145, 146.]
April 23.
St. James's.
1061. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations. Signed, Chris. Musgrave. Endorsed, Recd. Read June 19, 1705. 1 p. Enclosed,
1061. i. Richard Downes to the Queen. Prays to be heard to the reasons transmitted by Governor Sir B. Granville for not admitting him to the Council as directed by H.M. Order, Feb. 24, 170¾. Copy. 2 pp. [C.O. 28, 7. Nos. 151, 151.i.; and 29, 9. pp. 320–324.]
April 23.
St. James's.
1062. Order of Queen in Council. Referring back the whole matter of the Four Suspended Councillors of Barbados to the Council of Trade. They are to permit the parties concerned to have copies of the answer of the Council and Assembly lately received, and, upon hearing all the parties concerned, to report to H.M. Signed, John Povey. Endorsed, May 10, 1705. 1¼ pp. [C.O. 28, 7. No. 152; and 29, 9. pp. 301, 302.]
[April 23.]1063. The Answer of the Council and Assembly of Barbados to the Complaints of the Absenting Members of the Assembly and of the Suspended Councillors against Governor Sir B. Granville. A large book, under the Seal of the Island. This is, no doubt, the "great volume" referred to in the House of Lords proceedings. H. of L. MSS. vi. p. 365. Contains Copies of many papers and proceedings abstracted above, and A Narrative of the Occurrences in Barbados for Two Years. etc. Recd. May 10, 1705. 570 pp. [C.O. 28, 8.]
April 23.
St. James's.
1064. Order of Queen in Council. Approving Representation of April 20. Col. Nott's Instructions to be prepared for H.M. signature accordingly. Signed, Chris. Musgrave. Endorsed, Recd. April 27, Read May 2, 1705. ¾ p. [C.O. 5, 1314. No. 55; and 5, 1361. p. 199.]
April 23.
St. James's.
1065. Order of Queen in Council. Approving Representation of April 20th. Enclosed Instruction to be prepared for H.M. signature. Signed, Chris. Musgrave. Endorsed, Recd. Read April 27, 1705. ¾ p. Enclosed,
1065. i. Additional Instruction for Governor Seymour. St. James's, May 3, 1705. Whereas we have thought fit to give directions to our Governor of Virginia to move the Assembly to pass an Act or Acts for the building of towns, warehouses, wharfs and keys at proper places upon the 4 great rivers and on the Eastern shore of our said Collony, which will be very usefull and serviceable in bringing the people to a more regular settlement, and of great advantage to trade in the more expeditious lading and unlading of ships; and it being for the same reasons necessary that towns, warehouses, wharfs and keys be likewise built upon the rivers of Potomack, Petuxent, and on the opposite shoar in our Province of Maryland, you are upon your receipt hereof to lay this our Instruction before our Council there, and to recom mend to the General Assembly of Maryland the passing of an Act for that purpose to be presented to us, which may take in as much as possible the several interests of the inhabitants and Planters there, and Merchants here, in which Act so to be passed 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 of wharfs and keys exclusive of any other places, for the lading and unlading ships as aforesaid, the number of which towns are not to exceed 3 at most on each of the said rivers and two upon the opposite shoar; and you are to correspond with our Governor of Virginia in the carrying on of this good work, in both our said Colonies, and you are to give us and our Commissioners of Trade and Plantations a constant account of your proceedings herein. 2½ pp. [C.O. 5, 721. Nos. 2, 2.i.; and 5, 726. pp. 309–311; and (without enclosure) 5, 715. No. 86.]
April 23.
St. James's.
1066. Order of Queen in Council. Warrants to be prepared for H.M. signature for using new Seals in Virginia, Maryland, New Hampshire, Massachusetts Bay, New Jersey, New Yorke, Barbados, Leeward Islands and Bermuda. Signed, Chris. Musgrave. Endorsed, Recd. April 27, Read May 2, 1705. 1 p. [C.O. 323, 5. No. 81; and 324. 9. pp. 105, 106.]
April 23.1067. Capt. Lloyd to Sir Charles Hedges. Being informed that the Commodore of the convoy to Newfoundland is appointed to act as Commander in Chief of the garrison there during his stay, calls attention to some inconveniencies that may arise therefrom, as that a Commander of a man of war is not acquainted with the discipline of land forces; soldiers may prove refractory under a command independant of their own officers etc., etc. Signed, Thos. Lloyd. 2 pp. [C.O. 194, 22. Nos. 17 and 17a.]
April 23.
St. James's.
1068. Order of Queen in Council. Additional Instruction to Lord Cornbury (Jersey) (see No. 1055) to be prepared. Signed, Chris. Musgrave. Endorsed, Recd. Read April 27, 1705. 1 p. Enclosed,
1068. i. Copy of Instructions referred to in preceding. 2 pp. [C.O. 5, 980. Nos. 35, 35. i.; and (without enclosure) 5, 970. No. 28; and 5, 994.a. p. 201.]
[April 24.]1069. Merchants, Planters and Manufacturers of Tobacco to the Queen. Divers Merchants having contracted with the Czar of Muscovy for importing tobacco into his Dominions, many thousand hogsheads were here manufactured. But the Contractors not being contented with reasonable gains and finding tobacco planted there much cheaper then can be sent from hence, sent engines and materials thither for manufacturing tobacco of the growth of Russia and its dependencies, which tends to the utter ruin of many of your Majesty's subjects, to the great prejudice of Virginia and Maryland etc. 66 signatures. Inscribed, St. James's, April 24, 1705. H.M. refers above for the report of the Council of Trade and Plantations. Signed, Ro. Harley. 1¼ pp. Enclosed,
1069. i. Reasons advanced in support of above petition, showing why the Contractors should be enjoined to procure the speedy return of the utensils sent for manufacturing tobacco and why H.M. Envoy should endeavour to obtain from the Court of Moscow free importation of tobacco into the Czar's Dominions by any of H.M. subjects. Endorsed, Recd. Read May 3, 1705. 1 large p. [C.O. 5, 1314. Nos. 56, 56. i., ii.; and 5, 1361. pp. 205–214.]
April 25.
Crotchet Fryers.
1070. Mr. Merrett to Mr. Secretary Hedges. Proposes that the stores of war for New York be sent under convoy of the Leostalfe [? Lowestoft] man of war now sailing, and that she be detained till the stores are aboard the Genoa galley, the only ship now ready for New York. Reminds him of the dispatch of recruits for Newfoundland with Capt. Lloyd, as the next convoy sails in May. Signed, Solomon Merrett. Endorsed, R. April 25. Addressed. Sealed. 1 p. [C.O. 5, 1084. No. 26.]
April 26.
Whitehall.
1071. Council of Trade and Plantations to Lt. Governor Bennett. Since our letter of March 6, we have recd. yours of Dec. 28. We have laid before H.M. what you write relating to the trial of Lieut. Henley, and when H.M. pleasure shall be signified thereupon, you will have timely notice thereof. In the meantime we will not doubt but you will treat him with humanity in regard to his wife and children, and give him such liberty as may consist with his health and your own safety, taking particular care that he don't escape and go a Buckaneering. The Laws you have sent us are without any date, so that we cannot tell at what time they were past. We desire you to avoid such faults for the future by taking care that the time when each Act was past be inserted at the end thereof. And whereas you have sent us an Act to prevent the insolence of negroes, wherein there is a clause for castration, we do not think it fit that part of the Law be executed, there being no doubt but that by your next you will hear it is repealed. We are to remind you of one of your Instructions, which requires you to transmit to us, as often as there is opportunity, copies of the Minutes of the Councill and General Assembly, which you have not hitherto done; and therefore we desire you to send us as soon as may be all the Minutes both of Councill and Assembly since your Government. Inclosed we send you H.M. letter by which you are directed to take due care to transmit constant accounts in relation to the publick stores. We send you also copies of two Acts, for prohibiting all trade and commerce with France, and for preventing all traiterous correspondence with H.M. enemies, which you are to publish in your Government, and which will be a direction to you in all cases of that nature. We send you likewise for your information a printed copy of an Act past here the last Session of Parliament which has been sollicited by this Board, for encouraging the production of naval stores in America. by which means we hope H.M. Islands will be supplied at a much cheaper rate with those commodities. [C.O. 38, 6. pp. 117–119.]
April 26.
Whitehall.
1072. Council of Trade and Plantations to Mr. Secretary Hedges. Describe the French papers sent us [see April 12]. The other letters and papers we do not find to be of any import, but applications from the Spaniards to the King and Ministers of Spain, as also to the King of France for preferments upon vacancies that have happened in the Islands of St. John de Portorico and Hispaniola. [C.O. 153, 9. pp. 128, 129.]
April 26.
London.
1073. Mr. Dummer to W. Popple. Gives sailings of the King William sloop to the West Indies. 102 days out and home with a stop at Scilly. This navigation is as positive as any sea affair can be reduced to, etc. Signed, E. Dummer. Endorsed, Recd. April 28, 1705. Addressed. 1 p. [C.O. 323, 5. No. 80.]
April 26.
Whitehall.
1074. Council of Trade and Plantations to the Queen. Recommend Lt. Henley [see Dec. 28, 1704] to H.M. mercy, and that another Lieutenant be sent in his place, and that the Governor [of Bermuda] assist him and his family in their return home. Whereas there is an Act lately past in those Islands to prevent the insolency of negroes and other slaves, in which there are some inhumane penalties inflicted, we are humbly of opinion that the said Law be set aside. [C.O. 38, 6. pp. 114–116.]
April 26.
St. James's.
1075. Order of Queen in Council. Approving above Representation re Lt. Henley. Mr. Secretary Hedges to give the necessary directions accordingly. Signed, Chris. Musgrave. Endorsed, Recd. Read May 2. 1705. 1 p. [C.O. 37, 7. No. 8; and 38, 6. pp. 123, 124.]
April 26.
St. James's.
1076. Order of Queen in Council. Repealing Act of Bermuda for preventing the insolency of negroes, etc. Signed, John Povey. Endorsed, Recd. Read April 27, 1705. 2 pp. [C.O. 37, 7. No. 7; and 38, 6. pp. 121–123.]
April 26.
Whitehall.
1077. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose extract of letters from Col. Johnson relating to the trade with St. Thomas. Refer to their two recent Representations "in that behalf, and also to the want of a man of war for the service of the Leeward Islands." Enclose, Col. Johnson's agreement for exchange of prisoners. [See Feb. 9, 1705.] [C.O. 152, 39. No. 102; and 153, 9. p. 130.]
April 26.
Whitehall.
1078. Council of Trade and Plantations to Lt. Governor Johnson. Since ours of March 6, we have received yours of Feb. 6 and 9 last. We have laid before H.M. what you write about a trade carried on to St. Thomas, as also about the want of a frigate. As to the Collection of the laws required, tho it be a work of difficulty, yet it being so much for H.M. service, it must be done, and therefore you will do well to loose no time in perfecting the same. We are glad to perceive the fortifications in such a forwardness, and shall expect the plans thereof you promise us, as also a list of the stores of warr wanting. We must observe to you upon what you write about your having filled up the vacancies in the Councill of Antegoa and Mountserrat, that you have not observed the directions of H.M. Commission to Sir W. Mathew, by which only you act as Governor in Chief; for you are thereby only impowered in case there be less than 7 Counsillors residing in each of the respective Islands to put in so many persons as will make up the number of each Councill to be 7, and no more, but we find by our books that at the time of your filling the said vacancies there were 10 Councillors residing in Antegoa and 9 in Mountserrat, so that the persons put in by you into those Councills or any other Councills to make them up more than the number of 7, are not legally constituted Counsellors, and therefore all Proceedings had in Councill upon Writs of Error or Appeals, whilst they sit there as Judges, will be deem'd null and void. We have seen an Agreement with the Governour of the French Charibee Islands for the exchange of prisoners transmitted with your foresaid letters, but whereas you have not given us any account thereof in your letters, we have not been able to consider the same so thoroughly as we might have done. However, we have laid the same before H.M. And since flaggs of truce are by that Agreement to be frequently admitted into your Government, you are to be very cautious that the persons who shall come with those vessells do not inspect or view H.M. fortifications, to prevent which you will do well therefore to appoint some person to attend the said flaggs of truce during their stay in those Islands, the French having lately sent disguised engineers to Barbados on that account. H.M. having been pleased upon the death of Sir W. Mathew to appoint Col. Park to be Governor in Chief, his Commission and Instructions are passing accordingly. But, as we understand, he will not be ready to depart from hence these two or three months. We inclose copies of two Acts past here the last Session of Parliament for prohibiting all trade and commerce with France, and for preventing all traiterous correspondence with H.M. enemies; which you are to publish in the Leeward Islands, and which will be a direction to you in all cases of that nature. We inclose a letter from Mr. Secretary Hedges, relating to the powder duty demanded by Mr. Dummer's packet boats, which will be a direction to you how to behave yourself in that matter. We send you likewise for your information a printed copy of an Act past here the last Session of Parliament, which has been sollicited by this Board, for incouraging the production of Naval Stores in America, by which means we hope H.M. Islands will be supplyed at a much cheaper rate with those commodities. [C.O. 153, 9. pp. 131–135.]
April 26.
Whitehall.
1079. Council of Trade and Plantations to Governor Handasyd. Since ours of March 6, we have received yours of Feb. 27. We are sorry to perceive that Mr. Totterdale gives you so much uneasiness, but for want of a particular account of that affair, not having received the Minutes of Councill you referr us to, we are not able to return you any answer thereunto. We have nothing to add to what we writ you in our foresaid letter of March 6, relating to the trade with the Spaniards. and we doubt not but you will take all possible care therein. We enclose a letter from Mr. Secretary Hedges relating to the powder duty demanded by Mr. Dummer's packet boats, which will be a direction to you how to behave yourself in that matter. We send you also copies of 2 Acts past here the last Session of Parliament for prohibiting all trade and commerce with France and for preventing all traiterous correspondence with H.M. enemies, which you are to publish in your Government, and which will direct you in all cases of that nature. We send you likewise for your information a printed copy of an Act past here the last Session of Parliament, which has been solicited by this Board for encouraging the production of naval stores in America, by which means we hope H.M. Islands will be supplyed at a much cheaper rate with those commodities. [C.O. 138, 11. pp. 393, 394.]
April 26.
Whitehall.
1080. Council of Trade and Plantations to Governor Sir B. Granville. Acknowledge letter of Jan. 31. We are glad everything is so well settled in the Islands as you represent to us. As to the matters in difference between you and the several Petitioners, we had prepared our Report to H.M., but upon the application of the Agents that the papers last sent from the Council and Assembly in that matter might be previously examined, the determination upon our Report is suspended. Enclose copies of Acts prohibiting trade with France, and for preventing all traiterous correspondence, which you are to publish in Barbados, and which will be a direction to you in all cases of that nature. Enclose letter from Mr. Secretary Hedges relating to the powder duty, and a copy of the Act for encouraging the production of Naval Stores, etc. [C.O. 29, 9. pp. 291–293.]
April 27.
Whitehall.
1081. Council of Trade and Plantations to Lt. Governor Bennett. Herewith goes the repeal of the Act to prevent the insolencies of negroes etc., occasioned by the clauses relating to the castration, all and every of which are disapproved as inhumane and contrary to all Christian Laws. And whereas it is necessary that that generation of people should be kept under due obedience and correction, it may be requisit that a Law be made for the whipping and imprisoning of them and inflicting other punishments suitable to their misdemeanors, provided the same do not extend to the loss of limb or member, which is not to hinder their being punished with death in cases deserving the same. And you are to take care hereafter not to pass Acts of this nature, which are so unfit to be approved of, since the passing thereof does very much reflect upon your prudence. [C.O. 38. 6. pp. 120, 121.]
April 30.
Fleet Prison.
1082. J. Clifford to the Council of Trade and Plantations. Messrs. Shippard and Gardner have shown me their report, which they have drawn up in my favour, though not fully according to the merits of my case, and I made an affidavit that my accounts etc. were true. I am ready to do anything else required etc. If your Lordships does not seriously consider and lay before H.M. my present great want, whereby I may be supplied with bread, both myself and my poor wife must in few day(s) certainly perish or come to the charge of the parish, by reason that the Dutch hath for these several years past made themselves masters of all I have in Holland and Surinam, whereby I am in a deplorable condition without cloths, money or credit in a gaol. Signed, Jer. Clifford. Annexed,
1082. i. J. Clifford to Samuel Shippard. If I can have paid me in two months' time 20,000l. guineas in the Exchequer or Bank of England for my damages, my plantation and all I have in Holland and Surinam, which amounts to above 60,000l. sterl., I will give a full transfer of all etc. Signed, Jer. Clifford. Endorsed, Recd. April 30, Read May 2, 1705. 3 pp. [C.O. 388, 75. Nos. 121, 121.i.; and 389, 36. pp. 266–270.]