America and West Indies
October 1705, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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640-653

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'America and West Indies: October 1705, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 640-653. URL: http://www.british-history.ac.uk/report.aspx?compid=73695 Date accessed: 20 September 2014.


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October 1705, 16-31

Oct. 16.
Whitehall.
1375. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose 3 Addresses from Virginia, congratulating H.M. on her victories, and complaining of Col. Quary, to be laid before H.M. (No. 1277. i.) Autograph signatures. 1 p. [C.O. 5, 1340. No. 16; and 5, 1361. p. 404.]
[Oct. 17.]1376. Agents of Barbados to the Council of Trade and Plantations. We have received instructions to represent the low condition Barbados is reduced to by having strictly observed H.M. Proclamation for ascertaining the rates of coins, while the other Plantations continue to keep up the value of their money contrary to the said order, and have thereby, to the unspeakable prejudice of Barbados, almost drained them of their coin. Pray the speedy enforcing of the Proclamation under the severest penalties etc. Signed, J. Stanley, Wm. Bridges, Mel. Holder, Wm. Cleland. Endorsed, Recd. Read Oct. 17, 1705. 1 p. [C.O. 28, 9. No. 7.]
Oct. 17.
Whitehall.
1377. W. Popple, jr., to Sir E. Northey. The Council of Trade and Plantations send you the extract of a letter from the Governor of Maryland, relating to Jesuits and Papists in that Province, as also an extract of the Lord Baltimore's grant of Maryland relating to Ecclesiastical power, and thereupon desire your opinion whether the Laws of England against Romish Priests are in force in the Plantations, and whether H.M. may not direct Jesuits (as Romish Priests) to be turned out of Maryland. Your answer is desired as soon as possible, because of the departure in a few days of the Fleet for those parts, and that there will be no other opportunity for a long time. [C.O. 5, 726. p. 318.]
Oct. 18.1378. Attorney General to the Council of Trade and Plantations. Reply to preceding. I am of opinion the clause (in Lord Baltimore's grant) doth not give him any power to do anything contrary to the ecclesiastical laws of England, but he hath only the advowsons of and power to erect and consecrate Churches, and such power as the Bishop of Durham had, as Earle Palatine, in his County Palatine; who was subject to the laws of England. And the consecrations of Chappels ought to be as in England by orthodox Ministers onely. As to the Romish Preists; by the Statute of 27mo. of Elizabeth, cap. 2o., every Jesuit, seminary Preist, or other such Preist, Deacon or religious, or ecclesiastical person, born within this realm or any other H.M. Dominions, made, ordain'd or profess'd by any authority or jurisdiction, derived, challenged or pretended from the See of Rome, who shall come into or be or remain in any part of this realm, or any other H.M. Dominions, is guilty of high treason; it is plain that law extended to all the Dominions the Queen had, when it was made, but some doubt hath been made whether it extendeth to Dominions acquired after, as the Plantations have been. By the Statute 11mo. Wmi. for preventing the further growth of Popery, it is provided that if any Popish Bishop, Preist or Jesuit whatsoever, shall say Mass, or exercise any other part of ye office or function of a Popish Bishop or Preist, within this realm or the Dominions thereunto belonging, such person being thereof lawfully convicted, shall be adjudged to perpetuall imprisonment in such place within this Kingdom as H.M., by the advice of her Privy Council, shall appoint. I am of opinion this law extends to the Plantations, they being Dominions belonging to the realm of England, and extends to all Preists, foreigners as well as natives. As to ye question whether H.M. may not direct Jesuits or Romish Preists to be turned out of Maryland, I am of opinion if the Jesuits or Preists be aliens, not made denizens or naturalized, H.M. may by law compell them to depart Maryland; if they be H.M. naturall born subjects they cannot be banished from H.M. Dominions, but may be proceeded against on the last beforementioned law. Signed, Edw. Northey. 2 pp. Enclosed,
1378. i. Extract of Grant of Maryland to Lord Baltimore. Latin. ¾ p.
1378. ii. Extract of Governor Seymour's Letter, No. 585. 2½ pp. The whole endorsed. Recd. Read Oct. 23, 1705. [C.O. 5, 715. Nos. 89, 89.i., ii.; and (letter and enclosure i only) 5, 726. pp. 319–322.]
Oct. 18.
London.
1379. Mr. Campbell to the Council of Trade and Plantations. In obedience to your commands, the substance of my letters dated Sept. 5 from Newfoundland is as follows. The fleet which went thither in May arrived safe in 6 weeks and found that country under ye miserable circumstances formerly represented. The French and Indians have since carried off some of the English inhabitants of Trinity and Conception Bay, plundered others and laid others under contribution and burnt a New England brigantine in the former bay. In the beginning of Aug. last they took and plundered Porto Grave, and carried away the inhabitants. The inhabitants who remain at St. Johns and other parts being dispirited by their late misfortunes and the want of intelligence of succours from England were generally resolved to leave ye country. The two men of warr which were there was determined to part from thence on Sept. 24, unless new Instructions prevent them. A frequent correspondence to these parts by way of pacquett boat or otherways would in all probability very much conduce to ye publick service. Signed, Ja. Campbell. Endorsed, Oct. 22, 1705. 1 p. [C.O. 194. 3. No. 84; and 195, 4. pp. 57, 58.]
Oct. 19.1380. Attorney General to the Council of Trade and Plantations. Reply to July 6. I am of opinion that ye fines, forfeitures and escheats in New Jersey belong to H.M. and not to the Proprietors of ye Soyle. For as to ye fines and forfeitures for offences, they were not granted to the Duke of York, under whose grants the present Proprietors claim. And as to ye escheats, the whole tract was granted in fee to ye Duke of York to be holden of ye King in common soccage as of his mannor of East Greenwich, and ye inheritance of part being granted away by ye assignees of ye Duke to other persons in fee, they hold of the Queen and not of ye Proprietors, and therefore the escheat must be to H.M. As to the appointing of Rangers of ye woods, the inheritance of those woods being in the Proprietors, assignees of ye Duke of York, the right of appointing rangers in ym. belongs to the owners of those woods, and not to H.M. Signed, Edw. Northey. Endorsed, Recd. Read Oct. 23, 1705. 1 p. Enclosed,
1380. i. Duplicate of letter, July 6. 1 p. [C.O. 5, 970. Nos. 31, 31.i.; and 5, 994. A. pp. 230, 231.]
Oct. 19.
Whitehall.
1381. W. Popple to Sir E. Northey. The Council of Trade and Plantations are very much pressed by daily complaints, from the Plantations, of the unsettled state of the coine, and therefor are obliged to desire your speedy answer [to July 4], that H.M. Proclamation may be either revoked or reinforced. [C.O. 324, 9. p. 108.]
Oct. 19.1382. Attorney General to the Council of Trade and Plantations. Reply to July 4. The value of foreign coins is well established by H.M. Proclamation, and ye tender of the same, according to those values, is a legall tender, and everybody is bound to take them at those values, but if any person (as ye persons complained of doe) will accept them at greater values, I doe not know that it is any offence, being to ye prejudice of ye Receiver, none being oblidged to take them in paymt. from him at more than they are settled at by the Proclamation. This mischief wee laboured under here in England, till by ye Act of 6 and 7 Wm. it was made an offence to take broad money at more yn. it was currant for, and I am apprehensive this mischeif will not be remedyed without an Act of Parliament made here, to lay a penalty on all persons in ye Plantations, who shall there receive ye coyn at other values than they are directed to be currant at by ye Proclamation. If ye Proprietary Govmts. make Laws to give those coyns a currency beyond the Proclamation, I am of opinion they are guilty of a high misdemeanour, and their Charters, or at ye least the power of making Laws, may be seized into H.M. hands by Quo Warranto to be brought against them. But the acts of particular persons, as I take this practice complained of to be, will not prejudice the Charters or Corporations. Signed, Edw. Northey. Enclosed,
1382. i. W. Popple, jr. to the Attorney General. June (July) 4, 1705 (q.v). Endorsed, Recd. Read Oct. 23, 1705. 1 p. [C.O. 323, 5. Nos. 88, 88.i.; and (without enclosure) 324, 9. pp. 109, 110.]
Oct. 19.1383. Attorney General to the Council of Trade and Plantations. Answer to Queries of Oct. 12. (1) I am of opinion Mr. Penn or his Deputy (who when appointed is as himself) must give the assent to the Laws in the place where the Assembly is, and cannot doe it in any other place, and the Law must be passed or rejected when presented [by?] the Assembly, being in nature of an English Parliament. (2) The power to make Laws being granted to him and his heirs and to his and their Deputies, if the Laws be enacted by a Deputy, they ought to be expressed to be so, and not to be enacted by Mr. Penn, for the Deputy who acts makes the Law by the power in the Charter and not Mr. Penn, and it is not like a Commission in England to give the Royal Assent to a Bill, which is only to give H.M. assent, and not to enact ye Law, as the Deputy's power in Mr. Penn's case is, therefore the Assembly not being holden by Mr. Penn, these Laws are not fitt to be presented to H.M. as Laws made by him. (3) The Laws being enacted by the Assembly and the Deputy (as the power given to the Deputy was to enact them) they are absolute, unless repealed by H.M., and the saving of the final assent to himself etc. is absolutely voyd and contrary to the Charter. For the power of making Laws must be executed only by himself or his Deputy. (4) All the Laws will be construed to be delivered to the Privy Council at that time, and will remain absolute, unless repealed in 6 months. Signed, Edwd. Northey. Endorsed, Recd. Read Oct. 23, 1705. Written on margin of Queries. 5 pp. Enclosed,
1383. i. Copy of Mr. Penn's Deputation to Lieut. Governor Andrew Hamilton, Oct. 27, 1701. 2½ pp. [C.O. 5, 1263. Nos. 36, 36.i.; and (without enclosure) 5, 1291. pp. 222–224.]
[Oct. 19.]1384. R. Lillington to the Council of Trade and Plantations. Prays that the fine of 2,000l. laid upon George Lillington may be returned upon his giving security etc. Signed, Roger Lillington. Endorsed, Recd. Read Oct. 19, 1705. 1 p. [C.O. 28, 9. No. 8.]
Oct. 19.1385. Mr. Lowndes to Wm. Popple. The Commissioners for Prizes having proposed to my Lord Treasurer for the better management of the prizes carryed into foreigne parts, that circular letters be sent from H.M. to the respective Governors to aid, assist and encourage the Agents for prizes there, upon their applications to them, and that they do interpose in all differences arising between the said Agents and the Captains of H.M. men of war, or other disputes whatsoever relating to the prizes, and that they transmit exact accounts of all occurrences concerning prizes in the same manner as they do in other matters relating to their Governments, My Lord being of opinion that what is so proposed will tend to the better management of the said prizes, requests the Council of Trade and Plantations to prepare the said circular letters in the most effectual manner, and present them to H.M. for her royall signature as soon as may be etc. Signed, Wm. Lowndes. Endorsed, Recd. Read Oct. 22, 1705. Addressed. 1 p. [C.O. 137, 7. No. 13; and 138, 11. pp. 419, 420.]
[Oct. 22.]1386. Copy of Proceedings of a Court of Oyer and Terminer in Barbados, June 12–15, 1705 (duplicate of July 16); and Minutes of Assembly of Barbados, June 4—July 11, 1705. Endorsed, Recd. from Col. Cleland, Oct. 22, 1705. 31 pp. [C.O. 28, 9. No. 19.]
Oct. 22.
Whitehall.
1387. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following report. "And because it will tend very much to the peace and quiet of H.M. Island (Barbados), which is at present under great disorders, that a speedy end be put to those differences, we pray you will please to lay the same before H.M. by the first opportunity." Autograph signatures. 1 p. Annexed,
1387. i. Council of Trade and Plantations to the Queen. Representation on the petition of George Lillington, Oct. 11. Propose that H.M. order the Governor of Barbados to transmit to H.M. in Council an exemplification of the Commission by which the Court sat and of the summons and returns of the Jurors, the proceedings of the trials being already transmitted. And that H.M. direct any three Justices of the Peace to take any depositions to them upon the grievances of the Petitioner, and that copies of the particulars be given to such persons there as shall desire the same, to be transmitted likewise. In the meantime by reason of the distance of the place and the length of time necessary for bringing this whole matter before your Majesty in Councill, we offer that your Majesty would order that upon Lillington's giving sufficient security for answering to your Majesty the fine of 2,000l. at such time as your Majesty shall direct, the sum now deposited in the hands of the Deputy Auditor of that Island be restored unto him. 2¾ pp. Annexed,
1387. ii. Particulars of complaints of George Lillington. [See Oct. 11.] 2¼ pp. [C.O. 28, 38. Nos. 40, 40.i., ii.; and 29, 9. pp. 384–391.]
Oct. 22.1388. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose copy of Mr. Campbell's letter, relating to French incursions in Newfoundland, to be laid before H.M. [See Oct. 18.] [C.O. 195, 4. p. 61.]
Oct. 22.
Whitehall.
1389. Mr. Popple to Mr. Burchett. The Council of Trade and Plantations send you a copy of the information they have received of French incursions in Newfoundland, to be laid before H.R.H. Councill. They desire to know what intelligence you may have received from the Commander of this year's convoy or otherwise relating to Newfoundland. [C.O. 195, 4. p. 62.]
Oct. 22.
Barbados.
1390. Governor Sir B. Granville to the Council of Trade and Plantations. Acknowledges letter etc. Aug. 30, which I shall fully obey. I have with an heart full of the deepest acknowledgment reciev'd an account of the justice H.M. has bin pleas'd to doe me in relation to the complaints proferr'd against me, and am sensible of the obligations I have to your Lordships for the part you have bin pleas'd to have in it, and your justice in laying open the malice and falsity of my enemyes. As it has bin my care to assert the authority of H.M., so has it bin no lesse my endeavours to unite the minds of the people and to promote the publick peace, service, and welfare of the Island, of this many instances are already to be given, and I hope, with the grace of God, to give many more. Has not received letters of April 2 and 3, and July 28. A new Assembly has bin called, and by the dispositions they have shown at their first meetings, I have reason to beleive there is a better temper amongst them, both in relation to one another and the publick service, then has appeared in this place for some years past. A very malignant sicknesse has bin amongst the seamen on board H.M. ships here, but it has not reached the Island, which is very healthy. Signed, Bevill Granville. Endorsed, Recd. Jan. 10, Read April 15, 1706. Holograph. 3 pp. [C.O. 28, 9. No. 35; and 29, 10. pp. 38–40.]
Oct. 22.
Barbados.
1391. Same to Mr. Popple. Acknowledges letter of July 28 etc. Signed, Bevill Granville. Endorsed as preceding. Holograph. 1 p. [C.O. 28, 9. No. 36; and 29, 10. p. 41.]
[Oct. 23.]1392. Depositions by Arthur Slingsby, Edward Chilton and Col. John Holder, that James Colleton had caused no obstruction to the cause depending between him and Sir John Colleton in Barbados. With copy of proceedings, and Sir Governor B. Granville's certificate that Benjamin Bullard took oath that the said depositions were sworn before him. Endorsed, Recd. from Col. Cleland. Recd. Read Oct. 23, 1705. 10 pp. [C.O. 28, 9. Nos. 10–14.]
Oct. 23.
Whitehall.
1393. W. Popple, jr., to Mr. Attorney General. The Council of Trade and Plantations desire your opinion in point of law upon the enclosed Act of Nevis, passed June 20th last, for quieting John Panton, his heirs, etc. in a parcel of land in St. Christophers, and particularly whether the Letters Patent mentioned therein be valid. [C.O. 153, 9. p. 263.]
Oct. 23.
Whitehall.
1394. W. Popple, jr., to Mr. Penn. Encloses Attorney General's opinion, Oct. 19. [C.O. 5, 1291. p. 224.]
Oct. 24.
Cookpit.
1395. Mr. Secretary Hedges to the Council of Trade and Plantations. The enclosed is an advertisement wch. Mr. Dummer proposes to be published in the West Indys for the convenience of sending letters and pacquetts etc. to and from thence for intelligence as well as for the benefit of the Spaniard (with whom H.M. has been pleased to open a Trade with her subjects) and the Dutch, as for her own Plantations and subjects. I am to desire you will please to consider of that part which relates to the Spaniards and Dutch, and to desire your opinion how far you conceive the like advantage may be permitted to the subjects of those Nations as is granted to those of H.M., and whether it may be proper to be done for the service of H.M. and interest of the Nation. H.M. being of opinion that it is necessary that a more frequent intelligence between England and Newfoundland may be had, as of great use to the security and preservation of so advantagious a trade as that of the Fishery there is, you are to take that also into your consideration, and to discourse with Mr. Dummer upon it, and know of him how far it may be practicable to be done by his pacquet-boats, or what other method you can propose for it; upon both which points I am to desire your opinion as soon as may be, etc. Signed, C. Hedges. Endorsed, Recd. Read Oct. 26, 1705. 2 pp. Enclosed,
1395. i. Mr. Dummer's proposed advertisement of the sailings of his West India Packets as above. Copy. 3½ pp. [C.O. 323, 5. Nos. 89, 89.i.; and (without enclosure) 324, 9. pp. 110, 111.]
Oct. 24.1396. Mr. Byfield's receipt from the Officers of the Rope Yard at Woolwich for 6 barrels of South Carolina pitch at the rate of 12l. per tun. With certificate that the pitch is good and fitting for the service of H.M. Navy. Endorsed, Recd. from Mr. Byfield. Recd. Read Nov. 22, 1705. 1½ pp. [C.O. 5, 1263. No. 48.]
Oct. 24.
Prize Office.
1397. A. Burnaby to W. Popple. Returns enclosed with some alterations made by the Commissioner of Prizes. Signed, A. Burnaby. Endorsed, Recd. Read Oct. 25, 1705. Addressed. 1 p. Enclosed,
1397. i. Draught of Circular Letter relating to Prizes, with some alterations. 2 pp. [C.O. 137, 7. Nos. 14, 14.i.]
Oct. 24.
Whitehall.
1398. W. Popple to Anthony Burnaby. The Council of Trade and Plantations agree to above alterations, but only desire to know whether Mr. Hamilton be Agent throughout all H.M. dominions in America, or only in the Islands, which are commonly called the West Indies. [C.O. 138, 11. p. 421.]
Oct. 25.
London.
1399. Col. Quary to the Council of Trade and Plantations. I have seen some Votes and an Address from the Assembly of Virginia, wch. doth particularly concern myself, and therefore am obliged to lay before you the hardship or injustice they have done me both in respect of the subject matter as well as the circumstances and manner of carrying on the said votes and address. As I stated in my memorial, June 20, 1703, q.v., the people of Virginia are industrious and loyal, except a set of men who for 20 years have been of a sowre and uneasy temper, clamouring against each successive Governor etc. Praises the impartiality of Gov. Nicholson etc. Their prejudice against me was grounded on my endeavours to justify him, of which they learned from a garbled version of my memorial sent them by Robert Beverly. They took the opportunity to pass the votes and address against me when I was 600 miles away at Albany, without giving me the common right of speaking for myself, picking out words and sentences from my memorial and forcing a sense on contrary to the very nature of what I said. I am informed they took their president from the Parliament of Ireland's Address to H.M. against the Commissioners appointed to manage the forfeited estates. Prays the Board to represent his zeal to H.M. Signed, Robt. Quary. Endorsed, Recd. Oct. 26, 1705. 3 large closely written pp. [C.O. 5, 1314. No. 67.]
Oct. 25.1400. Stephen Duport to the Council of Trade and Plantations. A general Assembly of the Leeward Islands was held in June last at Nevis by Col. Johnson, when several laws were passed. There was not tymely notice given to St. Christophers, so that the Representatives did not or could not be present. The inhabitants of St. Christophers, considering themselves aggrieved, by two of those laws (1) to settle general assemblies and to secure to each Island their own particular laws and customs, and (2) for establishing Courts and administration of Justice throughout the Leeward Islands, have appointed 3 deputies to come to England to attend your Lordships. Prays that the said Laws be not confirmed till their arrival. Signed, S. Duport. Endorsed, Recd. Read Oct. 30, 1705. 1 p. [C.O. 152, 6. No. 25.]
Oct. 26.
Whitehall.
1401. Council of Trade and Plantations to the Lord High Treasurer. Enclose, Petty Expenses of the Office of the Council of Trade and Plantations, Midsummer to Michaelmas, 1705. Total, 29l. 4s. 8d. Stationery, 22l. 0s. 8d. Wood and Coals, 34l. 4s. 9d. Postage, 89l. 4s. [C.O. 388, 75. Nos. 131–134; and 389, 36. pp. 307–309.]
Oct. 26.
Whitehall.
1402. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following.
1402. i. Draft of Circular letter to Governors concerning prizes. [See Nov. 1.] [C.O. 138, 11. pp. 421–424.]
Oct. 26.
Whitehall.
1403. W. Popple, jr., to W. Lowndes. The Council of Trade and Plantations have this day transmitted preceding to Mr. Secretary Hedges. [C.O. 138, 11. pp. 424, 425.]
Oct. 26.
St. James's.
1404. Order of Queen in Council. Referring enclosed to the Council of Trade and Plantations to examine and report upon. Signed, John Povey. Endorsed, Recd. Read Oct. 29, 1705. 1 p. Enclosed,
1404. i. Thomas Maycock, of Barbados, Planter, to the Queen. Prays for the restoration of his estate sequestered at the suit of Josias Harrison during his absence. [See Dec. 13, and Acts of Privy Council, II. No. 977.] Copy. 6 pp. [C.O. 28, 9. Nos. 15, 15.i.; and 29, 9. pp. 392–398.]
Oct. 26.
St. James's.
1405. Order of Queen in Council. In accordance with Representation on case of G. Lillington [Oct. 22], except that Four Justices of the Peace are to take depositions etc. [See Acts of Privy Council, II. No. 976.] Signed, John Povey. Endorsed, Recd. Read Oct. 30, 1705. 2½ pp. [C.O. 28, 9. No. 16; and 29, 9. pp. 400–402.]
Oct. 27.
Whitehall.
1406. Mr Secretary Hedges to the Council of Trade and Plantations. Encloses following. It is H.M. pleasure that you report your opinion of what is proposed therein. Signed, C. Hedges. Endorsed, Recd. Oct. 29, Read Nov. 8, 1705. 1 p. Enclosed,
1406. i. Extract of letter from Governor Seymour to Mr. Secretary Hedges, July 3, 1705. q.v. 5¾ pp. [C.O. 5, 715. Nos. 90, 90. i.; and (without enclosure) 5, 726. p. 333.]
Oct. 29.
Newport.
1407. Governor and Company of Rhode Island to the Council of Trade and Plantations. Enclose following, being triplicates of what was sent formerly; the two former taken by the enemy. Acknowledge Sir C. Hedges' letter enclosing Acts and Gazette. Signed, West. Clarke, Sec. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. ¾ p. Enclosed,
1407. i. Governor and Company of Rhode Island to the Council of Trade and Plantations. Newport, Sept. 25, 1704. Acknowledge letter of March 17, 1703–4, with enclosures. We cannot be silent in matters of such greate importance, wherein we have bin rendred contemners and obstructors of H.M. Laws. As to the repealed Act for stating an Admiralty Court, in 1694 one Capt. Hoar, commissioned from Jamaica, brought a French prize into this Govermt. praying condemnation of the same, there being no judges nor other officers at that time appointed by H.M. High Cort of Admiralty in these parts of America, the authority hear deemed that there was a necessity in that time of warr for the incouragmt. of H.M. subjects, against the common enemy, to give them what relief and dispatch they could, and altho not expressly worded in our Letters Pattent, the erecting any such Cort, yet it was concluded, we might by virtue thereof state such a Cort untill H.M. pleasure should be further known, or untill there should be a judge and officers appointed by the Admiralty for the houlding such Corts in this Collony (see C.S.P. 1698. No. 423). And since there hath bin officers so appointed, we have yelded due and submissive obedience thereunto, giving our assistance therein when desired, without the least obstruction to any officers, neighther have we presumed to exercise any authority by vertue of the aforesaid Act in '94, neighther have we anywayes obstructed the Collector or Receiver at any time in the execution of his office, since he hath had a Commission for this Govermt., but have redily submitted to, and we hope H.M. and your Lordships will pardon us wherein we do not submit to any authority but what shall have lawful and immediate commission to exercise the same within this Collony; for we do hould ourselves (as we have allwayes done) accountable to the Imperial Crown of England for all our actions and proceedings, when thereunto caled, and to none other but such as shall be lawfully commissionated from the same. As to the ship (which hath bin represented to be of 5,000l. value) brought into the Govermt., wherein we are accused for detaining the same, and not permitting her to go to her Commission port, H.M. hath bin misinformed etc. Enclose copies of proceedings etc. Mr. Coleman, commissioned by the Prize Office for recovering the Lord High Admiral's dues within the Massachusets Bay, endeavoured to extend his authority within this Governmt, but this Collony not being incerted in sd. Commission, we did deeme ourselves not oblidged, nor safe to submit thereunto, not knowing but some other person might have a perticular Commission for the same, as happened in the last reign. The Governor readily accounted to him when he produced a second Commission, wherein this Collony was incerted. Pray God to forgive their adversaries etc. What we have done hath bin purely to serve H.M. and encourage her subjects against the common enemy etc. etc. Signed, By Order, West. Clarke, Sec. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. 4 pp.
1407. ii. Copy of Governor Cranston's Commission appointing appraisers to value the condemned Spanish prize brought in by the Hanna and Mary, Capt. John Blew, the Charles, Capt. Peter Lawrence, and the Tyger, Capt. Jeremiah Burrows. May 8, 1703. 1 p.
1407. iii. Accounts of the goods, called small plunder, taken on board the Spanish prize Jesus de Nazareno, and divided amongst the Captains and Companies of the above privateers. Total value, 441l. 9s. 9d. There was no more of any value taken in said ship but what there hath been a true account given of. Signed, Matt. Witter, Wm. Gibbins, Ralph Austin, Thomas Burch, Quartermasters. Copy. 1¼ pp.
1407. iv. Copy of Petition of George Lawson (?) and Andrew (?) Funiell, Merchts. in Boston, on behalf of themselves and the rest of the owners of the above privateers to Governor Cranston, praying him to appoint Joseph Appleton of Boston and John Mulder of Newport to appraise the goods on the Spanish prize. Signed, Georg Lason, Andrew Fanevil [sic]. 1 p.
1407. v. Copy of petition of Capts. Lawrence, Blew and Burrowes praying for a condemnation of the Spanish prize. Newport, April 23, 1703. ½ p.
1407. vi. Governor Cranston to Thomas Newton, Deputy Judge of H.M. Court of Admiralty, desiring him, on preceding petition, to come to Newport to condemn the prize etc. "Indeed I should have been glad if they had not brought it into this Government, as I tould them before her arrivall, for I feared it would create us many enemys besides much troble to myselfe with little proffit." etc. Signed, Saml. Cranston. Copy. 1 p.
1407. vii. Appraisement of goods taken in the Jesus de Nazareno. Signed, Nathaniel Coddington, Benjamin Newberry, John Mulder. Newport, May 31, 1703. Copy. 1 p.
1407. viii. Appraisement of the Jesus de Nazareno and her cargo. Total, 1,681l. 15s. 3d. Signed and sworn to by preceding and by Joseph Appleton. Newport, May 11, 1703. 1¼ pp.
1407. ix. Deposition of Capt. Lawrence of the Charles. About Aug., 1702, I received a Commission from Governor Dudley, made prize of some small vessels and sent them into our Commission port. One was forced down to South Carolina where the Compa. had her condemned and sould. We recruited at Providence, and off Cuba joined Capt. Blew, commissioned from Boston, and Capt. Burrows out of Barbadose, and taking the Jesus de Nazareno in the Bay of Metanees brought her into Road Island. Some of our owners advised us to come to Boston, which our three Companies would not allow of, we having instructions both from the Governor of Boston and our owners that prizes taken to the Eastward we should send to Boston, and to the southward, into any of H.M. Governments in America for condemnation. The owners debated the matter with us a long while, till the three companyes voated to condemn heare, so that the owners and everyone was well sattisfyed, neigther was the Governor nor Government of Rhoad Island anywayes pressing or endeavouring to stop us from our Commission Port, but we had free liberty to depart etc. Signed and sealed, Peter Lawrens. July 18, 1704. 2 pp.
1407. x. Copies of sea-commissions granted by John Greene, Depty. Governor of Rhode Island, 1694. 3½ pp. [C.O. 5, 1263. Nos. 57.A.–57.K.]
Oct. 29.1408.Governor and Council of Rhode Island to the Council of Trade and Plantations. Acknowledge receipt in August of charges exhibited against this Government, and Order in Council Feb. 12, 1704. The time (allowed for our answer thereby) was expired before the Order came into our hands. We hope noe advantage hath or wil be taken against us for want of our answere, since there can be noe default assigned either in our Agent or ourselves in that point. By the first opportunity we have sent our answer to our Agent, Mr. Wm. Wharton, etc. etc. Signed, pr. Order, West. Clark, Sec. Endorsed, Recd. Dec. 31, 1705. Read Jan. 23, 1705/6. 1 p. [C.O. 5, 1263. No. 57. m.]
Oct. 29.
Whitehall.
1409. Council of Trade and Plantations to Mr. Secretary Hedges. Approve Mr. Dummer's Advertisement (Oct. 24), except what relates to the Spaniards, which we do not conceive fit for a Publication, but to be managed in more private manner. And as to the Dutch, we likewise think such a publication improper, our Laws not encouraging so near a correspondence with other Nations in America. As to proposal of a packet boat for Newfoundland, we should be very glad that there were as frequent a communication between that place and all the Continent, as with the Islands, but having discoursed with Mr. Dummer, we do not find him inclined to undertake the same, the place being sufficiently frequented in the summer, and that navigation being almost impracticable in the winter. [C.O. 324, 9. pp. 112, 113.]
Oct. 29.
Whitehall.
1410. Circular letter to H.M. Governors in America from the Council of Trade and Plantations, recommending Mr. Dummer and his Agents to their assistance. "And for your better information we send you the inclosed scheme, prepared by him, to be made public." Mem. The scheme to be added by Mr. Dummer. [C.O. 324, 9. p. 112.]
1705.
Oct. 29.Whitehall.
1411. W. Popple, jr., to Mr. Attorney General. The Council of Trade and Plantations desire your opinion upon the case of Thomas Maycock. [Oct. 26.] [C.O. 29, 9. p. 399.]
Oct. 30.
Whitehall.
1412. W. Popple to Sir Edward Northey. Encloses Acts of Nevis, March—July, 1705, for his opinion in point of Law. List of Acts annexed. [C.O. 153, 9. pp. 268–273.]
[Oct. 30.]1413. S. Wright to the Council of Trade and Plantations. Enters a caveat, on behalf of Col. Joseph Crisp of St. Christophers, against two Acts of the Leeward Islands, unjustly directed against him. Signed, Sam Wright. Endorsed, Recd. Read Oct. 30, 1705. ¾ p. [C.O. 152, 6. No. 24.]
Oct. 31.
Bermuda.
1414. Lt. Governor Bennett to the Council of Trade and Plantations. Your Lordps.' of Aug. 30 last I recd., by which I understand mine of Jan. 31 last miscarried. I sent it via Barbados, and had an account of its being delivered to the packt. boat, which I must conclude was either lost or taken, or former methods were again put in execution of intercepting my letters. Acknowledges letters of March 6, April 20, 26, 27 and May 30; answered Oct. 9, duplicate enclosed. By H.M. Order, April 26, I find I am to receive Orders to send Lieut. Henley home: if he is to remain here till an opportunity happens directly for England, it may not be in years, but with submission (as I have acquainted Mr. Sec. Hedges) I think it most expeditious, that he be sent from thence to Virginia, with orders that a man of war there may receive him and his family. Acknowledges orders, July 28, for a publick thanksgiving, which I will take care to have observed accordingly. Repeats complaint against Capt. Jones for arresting the Provost Marshal etc. I did never affix the seal to any thing but what was done by the hands of the Secrty. or his Deputy. Your Lordps. say that the Provost Marshall should be made use of for the Ministeriall keeping and issueing the stores: a considerable time before Capt. Jones, his return heither, I by the advice of the Council ordered that sufficient powder houses should be built in the severall Forts, and when compleated I delivered powder and ammunition to the respective Commanders thereof: also by the like advice I distributed to the Feild Officers and Captains of the Militia, barlls. of powder, to be by them securely kept, and took their receipts for the same. My reasons for all which were that as the magazine stands in the Town of St. Georges, and severall houses near it, and some of them thatched, which makes it very hazardous trusting the whole store of powder there, and that by haveing a quantity in the Castle and Forts, it was more secure and ready at hand on occasion; and by giving some in charge to the Field Officers and Captains, it was still more distributeing it, consequently an accident could not be so fatall, as if all were under one roof: besides, should an enemy attempt and take the town, and we forced to retreat into the country, we are still sure of a supply of ammunition. If I and the Council have been wrong in this affair, I shall (if your Lordps. think[s] fit) call in all the powder etc. soe distributed, and put it into the magazine, and give it into the keeping of Capt. Jones. I hear that one Dr. Star, who has been a continuall disturber of Govermt. since my comeing, hath prefer'd a remonstrance to your Lordps. relateing to his hardships received, therefore I thought proper again to transmit the proceeding against him att the Quarter Sessions. As in mine of Oct. 9, all courts stand still till your Lordps.' directions arrive, should I have suspended the Council for not complying with H.M. Order (of restoreing the Secretary and Provost Marshall to all his offices) and turned out the Judges for not allowing his pretensions of being their Clark, it would have made a distraction in the Govermt., for I cannot find out five persons qualifyed to be Councellors nor Judges that will act if Capt. Jones was to be their Clark, the Country in generall is so much against him, therefore thought it better to continue them now in, that there may be some show of authority. Signed, Ben. Bennett. Endorsed, Recd. June 24, Read July 2, 1706. Holograph. 4 pp. Enclosed,
1414. i. Proceedings of Quarter Sessions, Bermuda, July 13, and Aug. 25, 1704, against Josias Starr. Upon the information of Thomas Burton, Attorney General, Dr. Starr was sentenced to receive 39 lashes on his naked back, well laid on by the common hangman, at the common whipping post at the town bridge in St. Georges and to be kept in gaol until the next General Assizes, for writing and speaking to "villifie, contemn and lessen the members of H.M. Council" etc. Further complaint against Dr. Starr on H.M. behalf referred till next legal Court. Endorsed as preceding. Copy. 4½ pp. [C.O. 37, 7. Nos. 28, 28.i.; and (without enclosure) 38, 6. pp. 191–195.]