America and West Indies
December 1705

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1916

Pages

724-744

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: December 1705', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 724-744. URL: http://www.british-history.ac.uk/report.aspx?compid=73701 Date accessed: 26 November 2014.


Highlight

(Min 3 characters)

Contents

December 1705

Dec. 4.
Cockpit.
1488. Mr. Secretary Hedges to the Council of Trade and Plantations. H.M. approving your representation of Nov. 14, you are to prepare a draught of a Commission and Instructions for Mr. Bridger accordingly. Signed, C. Hedges. Endorsed, Recd. Read Dec. 5, 1705. 1 p. [C.O. 5, 863. No. 148; and 5, 911. p. 3.]
Dec. 5.
St. James's.
1489. Order of Queen in Council. Refer Edward Chilton's petition that his appeal be admitted etc. to the Committee for Appeals. [See Acts of Privy Council, II. No. 981.] Signed, John Povey. Endorsed, Recd. Read Dec. 7, 1705. 1¼ pp. [C.O. 28, 9. No. 26; and 29, 9. pp. 454. 455.]
Dec. 5.
Whitehall.
1490. W. Popple, jr., to P. Docminique. Encloses Observations of the Council of Trade on Memorial of Nov. 14, q.v. [C.O. 5, 994. A. pp. 255, 256.]
Dec. 5.
Whitehall.
1491. W. Popple, jr., to Sir Edward Northey. The Governor of Maryland having transmitted to the Council of Trade and Plantations 2 Acts (see Dec. 21)—(1) For suspending the prosecution of any Priests of the Communion of the Church of Rome, incurring the penalties of the Act; (2) to prevent the growth of Popery within this Province, past Oct. 3, 1704; And their Lordships being under some doubt, (1) whether in case H.M. do not signify her pleasure within 18 months, the suspending Act do then expire, or whether the same do remain in force after the 18 months until H.M. pleasure be signified; (2) whether in case H.M. do signify her pleasure for the continuance of this suspending Act for a certain time, after the expiration of the 18 months, or until H.M. further pleasure, the said Act will remain in force accordingly. Their Lordships desire your speedy answer thereunto, the ships for those parts being upon their departure. [C.O. 5, 726. p. 345.]
Dec. 5.
Admiralty Office.
1492. J. Burchett to Mr. Secretary Hedges. H.R.H. has given directions to the Captains of H.M.S. in the West Indies, not to imprest any of the men belonging to the Greyhound of London, and if you will write to the Governor of Jamaica not to suffer to be imprest any of her men, the ship may come the more safely home with her rich loading. Signed, J. Burchett. [S.P. Naval, 7. Under date.]
Dec. 6.
Admiralty Office.
1493. Mr. Burchett to W. Popple, jr. In answer to your letter, I do acquaint you that H.M.S. Lowestaffe, a 5th rate of 32 guns and 145 men, Capt. George Fane, and Tryton's prize, a 6th rate of 30 guns and 115 men, Capt. Thomas Miles, are now attending on New Yorke. Signed, J. Burchett. Endorsed, Recd. Read Dec. 7, 1705. Addressed. 1 p. [C.O. 5, 1048. No. 125; and 5, 1120. p. 377.]
Dec. 6.1494. Sir E. Northey to the Council of Trade and Plantations. I have considered the petition of Mr. Maycock (see Oct. 26, 29), and have heard him and also the Agents of Barbados, who alledge that without time be allowed them to send to Barbados for authentick proceedings of the Court of Chancery, they cannot answer to those complaints. Mr. Maycock hath produced annexed affidavits. It seems to me petitioner hath been hardly dealt with, if what is sworn be true, for by the course of Courts of Equity in England, if the Defendant being served with process to appear is in contempt for not appearing, and the processes of contempt have been carried to a sequestration, the Deft. appearing by his Attorney and paying the costs the Pltf. hath been at in prosecuting in such contempt, the sequestration and all other process founded on such contempt is to be sett aside, and the Deft. hath right, if absent at distance from the place where the Court is holden, to have a Commission to take his answer. In this case it appears that the Attorneys of the Deft. did desire to appeare for him, and the costs were offered to be paid, but the Attorneys prayed to be made partyes to the suite, which could not be, for if so the Pltf. would thereby have been deprived of the discovery he had a right to have from the Deft. by his oath, but they should have appeared for him and prayed a Commission to take his answer, which I doe not observe was done, yet it is alledged by the Petitioner that the prayer to have the Attorneys made partyes is according to the constant practice of the Islands, where the partyes themselves are absent. But the Deft. ought to have been admitted to appear by Attorney, and was not bound to appear in person, as it is sworne was insisted on. This, however, is but the fact as it is stated by one side, the other not having had opportunity to be heard, and for that reason I am of opinion H.M. will not be advised to make any such order for the Petitioner's relief as is prayed. Besides it is not usuall for H.M. to interpose in causes between party and party depending in H.M. Courts of Justice by giving directions in what manner the Judges of such Courts shall proceed therein, nor will it be proper, for that when there shall be an Appeal from the final decree in such causes, the same and all the proceedings therein, are to be laid before H.M. for her Royal determination thereon. Yet on the hard circumstances of the Petitioner's case appearing by the annexed affidavits, and for that it hath been admitted by the Agents that the manner of proceeding in this case is new and what hath not been often, if at all used, in that Island, I submit it to your Lordships' consideration whether a coppy of the petition may not properly be transmitted to the Governour, with an account of the course of proceeding of Courts of Equity in England, in case of contempts, and how the same have been here discharged, directing him to see justice done the Petitioner, if it hath been denyed him hitherto. Signed, Edw. Northey. Endorsed, Recd. Read Dec. 6, 1705. 2¼ pp. Enclosed,
1494. i. Affidavit of W. Terrill. Capt. Martin, H.M.S. Blackwall, refused to allow Alexander Skeene and George Hey, Dept. Serjt. at arms of Barbados, to serve any writ upon Capt. Maycock or himself on board H.M. ship, Sept., 1704. Signed, Wm. Terrill. Nov. 24, 1705. 1 p.
1494. ii. Affidavit of C. Squire. One of the Attorneys constituted by Capt. Maycock. Being informed that the Serjeant at arms had attempted to serve a ne exeat insulam, Deponent enquired whether any bill of complaint was filed against him. He was informed that Capt. Josiah Harrison had, Sept. 16, 1704, done so, as executor of Robert Harrison, merely, deponent believes, to obstruct his departure from the island, he having long before adjusted accounts with Harrison, etc. No return of the subpæ or ne exeat insulam was made till some time after Xtmas. Deponent and Capt. John Maycock, another of Col. Maycock's Attorneys, several times after enquired of the Deputy-Register, if any further process was had upon the said bill. There was noe account of any till about May 11, 1705, deponent had notice that an attachment had issued against Col. Maycock, May 16, which was returned 14th, and the same day a Proclamation of Rebellion issued. Upon which Deponent and Capt. John Maycock petitioned the Governor that the irregularities of the said process might be examined into and in the mean time all proceedings be stayed, but that in case H.E. was of opinion that the process had been regularly issued, that then they, as Attorneys, might be admitted partyes Defts. according to the usual practice of the Island. Which petition was ordered to be heard the next sitting of the Court of Chancery. But noe proceedings was ordered to be stopped, in spite of another petition to H.E. Both Attorneys were always ready to appear on behalf of T. Maycock. Deponent offered to pay the costs, but no costs would be received. An Order of Sequestration was granted, after Major George Lillington, Col. Richard Downes and Capt. John Maycock's petition to H.E., that T. Maycock's estate might remain in the hands of Capt. John Maycock to manage, they giving 10,000l. security, had been rejected. Signed, Chars. Squire. Endorsed, Recd. Read Dec. 6, 1705. 3 large pp. [C.O. 28, 9. Nos. 21, 22, 22.i.; and 29, 9. pp. 415–429.]
Dec. 6.
Whitehall.
1495. Mr. Secretary Hedges to Governor Handasyde. Upon the petition of the owners of the Greyhound frigat, it is ordered that her seamen are not to be impressed. Signed, C. Hedges. [C.O. 324, 30. p. 49.]
Dec. 10.
St. James's.
1496. The Queen to Governor Seymour. Instructions as to prizes, similar to instructions to other Governors given No. 1417, q.v. Countersigned, C. Hedges. [C.O. 324, 30. pp. 49, 50.]
Dec. 11.
Cockpitt.
1497. Sir C. Hedges to the Council of Trade and Plantations. Have you any objection to following? Signed, C. Hedges. Endorsed, Recd. Read Dec. 12, 1705. 1 p. Enclosed,
1497. i. John Smith to the Queen. Prays for an order that the Factor, of Byddiford, may have permission to sail from Virginia when ready, in case she be not ready to sail with the convoy. ½ p. [C.O. 5, 1314. Nos. 68, 68.i.; and 5, 1361. pp. 405, 406.]
Dec. 11.1498. Same to Same. Have you any objection to following ? Signed, C. Hedges. Endorsed, Recd. Read Dec. 12, 1705. 1 p. Enclosed,
1498. i. Edmund Jennings of Virginia to the Queen. Prays for permission to come into England for some short time to settle his private affairs etc. 1 p. [C.O. 5, 1314. Nos. 69, 69.i.; and 5, 1361. pp. 407, 408.]
[Dec. 11.]1499. C. Lodwick to the Council of Trade and Plantations. Alderman Hutchins being by the illegal prosecution at New York [C.S.P., 1702], become disturbed and thereby uncapable of giving security, as required, not to prosecute any of the Actors in those matters, the Assembly have passed a new Act reversing the sentence without those clauses your Honours were pleased to dislike. Prays the recommendation of the Act for H.M. Approval. Signed, Charles Lodwick. Endorsed, Recd. Read Dec. 11, 1705. ¾ p. [C.O. 5, 1048. No. 126; and 5, 1120. pp. 377–379.]
Dec. 13.
St. James's.
1500. Order of Queen in Council. Confirming Act of Antigua appointing a Council for repairing trenches etc. [See No. 1420.] Signed, Chris. Musgrave. Endorsed, Recd. Read Jan. 3, 1705/6. 1¾ pp. [C.O. 152, 6. No. 30; and 153, 9. pp. 284–286.]
Dec. 13.
St. James's.
1501. Order of Queen in Council. Repealing two Acts of Antigua as proposed in Representation of Nov. 1st. Signed, Chris. Musgrave. Endorsed, Recd. Read Jan. 3, 1705/6. 1¾ pp. [C.O. 152, 6. No. 31; and 153, 9. pp. 286–288.]
Dec. 13.
Whitehall.
1502. Council of Trade and Plantations to Mr. Secretary Hedges. We have no objection to Col. Jennings coming to England (Dec. 11), he leaving a sufficient Deputy to be approved of by the Governor. [C.O. 5, 1361. p. 409.]
Dec. 13.
St. James's.
1503. Order of Queen in Council. Order of Oct. 26 vacated. (See Nov. 29.) Lillington is granted leave to appeal. Copies of all proceedings in the case to be transmitted from Barbados, and of all papers exhibited at this Board to the Governor and Council for their answer. On giving security to prosecute his appeal, his fine of 2,000l. is to be remitted to Lillington etc. Signed, Chris. Musgrave. Endorsed, Recd. Read Dec. 19, 1705. 2 pp. [C.O. 28, 9. No. 27; and 29, 9. pp. 459–461.]
Dec. 13.
Whitehall.
1504. Council of Trade and Plantations to the Queen. Report upon the petition of T. Maycock in accordance with the Attorney General's opinion (Dec. 6), etc. Set out, Acts of Privy Council, II. No. 977. [C.O. 29, 9. pp. 456–458.]
Dec. 13.
St. James's.
1505. Order of Queen in Council. Approving preceding. Petitioner's estate to be put into his attorney's hands, upon good security given, etc. The Governor to take care that speedy justice be done and an account of proceedings transmitted, etc. See Acts of Privy Council, II. No. 977. Signed, Chris. Musgrave. Endorsed, Dec. 19, 1705. 1 p. [C.O. 28, 9. No. 28; and 29, 9. pp. 461, 462.]
Dec. 14.
Whitehall.
1506. W. Popple, jr., to Mr. Attorney General. Encloses Act of New York for declaring the illegality of the proceedings against Col. Bayard and Alderman Hutchins, etc., together with his report upon a former Act and H.M. Order thereupon. The Council of Trade and Plantations desire your opinion whether by this present Act the persons concerned in those proceedings are sufficiently indemnify'd and secured from prosecutions for what they did therein under the orders of those who had power to command them. [C.O. 5, 1120. p. 380.]
Dec. 14.
Whitehall.
1507. Same to Mr. Lodwick. Encloses preceding. Cf. No. 1499. [C.O. 5, 1120. p. 381.]
Dec. 14.1508. Lord Baltimore to Wm. Hunter and those of his Society in Maryland. I have had commands by the Council of Trade and Plantations to attend that Board, where a letter from Col. Seymour was read to me signifying many irregularities you and those of your society have bin guilty of in that Province, particularly your indiscreet zeale by intruding into protestant families, and there giving great disturbance to people on theire death-beds; such actions as these I assure you have given great offence, and if you are not very careful to avoyd the like for the future, you will give just occasion for your removal out of that Province, and then you will not only forfeit what you have there, but the Catholicks, whom, as I take it, you are only there to assist and serve, will be depriv'd of the means of serving god, which will be a great affliction to them, as it will be a great trouble to me, after this admonition given you by, Gentlemen, your Friend. Endorsed, Recd. Read Jan. (7), 1705/6. Copy. 1 p. [C.O. 5, 716. No. 2; and 5, 726. pp. 359, 360.]
Dec. 14.
London.
1509. Mr. Blakiston to the Council of Trade and Plantations. Recommends William Burd (Byrd) to be of the Council of Virginia in his father's room, he having had a liberal education in England and haveing a considerable estate in that country, and being H.M. Receiver General. Signed, N. Blakiston. Endorsed, Recd. Read Dec. 17, 1705. Holograph. 1 p. [C.O. 5, 1314. No. 70; and 5, 1361. p. 411.]
Dec. 14.
Whitehall.
1510. Council of Trade and Plantations to Mr. Secretary Hedges. We have considered the petition of John Smith, Dec. 11, and are thereupon of opinion that it does in ye general very much contribute to the security of trade that ships bound from the Plantations to England during the time of war be to attend the sailing of their respective convoys, according to H.M. Instructions to her Governors in America, for that besides other reasons referring to trade, it may so happen that ships coming from those parts before the sailing of their convoy may fall into the enemies hands and give such intelligence of the time when such convoy with the remaining fleet is designed to follow as may endanger the same. And having discoursed with the person solliciting this affair, we find that the does desire the said ship may have leave to sail from Virginia before the convoy now designed thither shal return, which we think improper for the reason above mentioned; but whereas it is alledged that the said ship is a swift sailer, carrying 20 guns and 50 men, and having a letter of mart, we have no objection why she may not be permitted to come away at what time the Commander thinks fit, in case she be detained there after the sailing of the said convoy, there being no second convoy as we understand intended for the next year. [C.O. 5, 1361. pp. 409, 410.]
Dec. 15.
Cockpit.
1511. Mr. Secretary Hedges to the Council of Trade and Plantations. In the Instructions for Mr. Bridger [Dec. 4], you are to prepare one directing him to give an account of all he does from time to time to the Governor of the place, and to send a duplicate thereof hither. You will please to prepare an Instruction to the severall Governors to receive and examine such accots., and to send hither their respective opinions upon the account from time to time, as also how that service goes on, and what probability there shall be of its being brought to perfection, and what may be proper to be done towards it. Signed, C. Hedges. Endorsed, Recd. Read Dec. 17, 1705. 1 p. [C.O. 5, 863. No. 149; and 5, 912. pp. 18, 19.]
[Dec. 17.]1512. T. Allen to the Council of Trade and Plantations. Memorial in support of his petition. [See Oct. 11.] If he should be obliged to begin his action anew, he might, by time and death of witnesses etc., lose the benefit of proofs already made, etc. He adds that, having a controversy at law with the inhabitants of New Hampshire for all or greatest part of the lands in it, they are continually cutting down the timber fittest for shipping etc., so that in case some stopp be not put thereto, his estate will be extreamly impaired, wherefore he prays your Lordships so to represent it to H.M. that he may obtain an Order in Council forbidding waste by cutting timber other than necessary for building and repairing houses, firing, fencing etc. Otherwise he will be utterly remediless, it being to no purpose to make application therein to the Courts there, the judges as well as the juries being all parties in interest. Signed, Thomas Allen. Endorsed, Recd. Read Dec. 17, 1705. 2½ pp. [C.O. 5, 863. No. 150; and 5, 912. pp. 24–27.]
Dec. 18.
Williamsburgh.
1513. Mr. Jenings to the Council of Trade and Plantations. My very great indisposition at the saileing of the last convoy disabled mee from addressing your Lordships, and hope of your Lordships' pardon. Returns most humble thanks, etc. The unbyassed and even comportment of H.E. Coll. Nott makes most persons easy, and hope a small time by the moderate method and ways hee uses will silence and quiett prejudice and scandle, wch. lately has bin too much instilled and made use of by some uneasy persons. The Assembly mett the appointed Oct. 23, and on consideration of H.E. speech entred up the revised laws, and ye House of Burgesses went through severall of them without difficulty. The Clergy Bill passed the House, but with such material alterations from that returned from your Lordships, that after twice reading itt lyes before ye Council, whose endeavours are to bring itt as near as may bee to ye revised Bill; I am extream doubtfull that the Burgesses will not be perswaded to allow ye 40 per poll in lieu of 16,000lb. of tobacco and cask to ye Ministers, the several Countys having shewn their aversion by their Burgesses, and also against inductions according to the method of England. The Revenue Bill has passed the house of Burgesses with advantage to the Crowne by takeing off 5 per cent, from the allowance of 10 per cent, customarily given the Masters for good payment, and in account of their loading, which may amount to about 150l. per annum. The Burgesses has also voted that a Governor's house is necessary to bee built, and have appointed a Committee to draw a Bill for Ports, in every of wch. no pains will be wanting or means and opportunities omitted, whereby H.E. and Council can propagate the Church or H.M. interest. The winter season advancing and the House of Burgesses finding they could not with ease pass through the whole body of the Laws, prayed for a recess, wch. on advice in Council H.E. granted liberty to adjourne to April 24, wch. is thought a more proper season, and hope they will then chearfully proceed in what may be for H.M. service. H.E. layd before the Council H.M. commands for advancement of ye Quitt-rents and obtaining a perfect rent roll, in wch. present directions are given to ye several Shereffs and proper officers, what now relates to the Rent Roll falls to my lott, wch. will require much time to perfect, yet hope by the next Fleet to make such a progress as may inable mee to give your Lordsps. some satisfaction therein. The Colledge of William and Mary was unfortunately burnt on Oct. 29; H.E. recommended to ye Council and Burgesses then sitting to make inquiry by what means that disaster happened, but could not bee fixed, tis pity their Majestyes benevolence and ye contributions of the Country are lost, without attaineing the least intended good of Virginia. Repeats part of Governor Nott's letter of Dec. 24, etc. Signed, E. Jenings. Endorsed, Recd. 6th, Read Feb. 28th, 1705/6. Holograph. 4 pp. [C.O. 5, 1315. No. 12; and 5, 1362. pp. 1–4.]
Dec. 18.
St. James's.
1514. Order of Queen in Council, approving Representation of Nov. 29. The Council of Trade and Plantations to give the necessary directions accordingly and signify H.M. pleasure to the Governor of Maryland and others concern'd, as they shall judge requisite. Signed, John Povey. Endorsed, Recd. Dec. 22, Read Jan. 21, 1705(6). 1 p. [C.O. 5, 716. No. 6; and 5, 726. pp. 365, 366.]
Dec. 19.
Cockpit.
1515. Mr. Secretary Hedges to the Council of Trade and Plantations. Have you any objection to enclosed petition ? Signed, C. Hedges. Endorsed, Recd. Read Jan. 2, 1705/6. 1 p. Enclosed,
1515. i. Peregrine Brown of London to the Queen. Prays permit for the Nicholson, in case she cannot be loaden in time to sail with the convoy from Maryland, to sail for England without it. 1 p. [C.O. 5, 716. Nos. 1, 1.i.; and 5, 726. pp. 351–353.]
Dec. 19.
Cockpit.
1516. Mr. Secretary Hedges to Governor Nott. You are to suffer the Factor to sail when the Commander desires, without staying for convoy. Signed, C. Hedges. [C.O. 324, 30. p. 51.]
Dec. 19.
Whitehall.
1517. Council of Trade and Plantations to Mr. Secretary Hedges. In obedience to H.M. commands (Dec. 4 and 15), we have prepared a draught of Instructions for Mr. Bridger, which you will please to lay before H.M. We are writing to the several Governors on the Continent directing them to transmit such accounts as they shal receive from Mr. Bridger with their opinions thereupon. And whereas we are directed (Dec. 15) to prepare a Commission for a Surveyor of the Woods; we take leave to inform you that such Commission has always past the Treasury, the Surveyor of the Woods being an Officer of the Revenue, and no proper form of such a Commission remaining in our Office. Annexed,
1517. i. Instructions to John Bridger. Whereas it is of great advantage to our Kingdoms that our Royal Navy and the shipping of England be supplyed with naval stores from our Plantations in America, we have appointed you to be Surveyor of our Woods on the Continents of America. You are therefore to repair to New England and to exhibit to our several Governors there your Commission, as also such part of our Instructions in that behalf as may be requisite from time to time. You are in the first place to repair to those parts of New England where you shal find it most for our service to take a survey of our woods, and to do all that in you lyes for the preserving of the same. You are to restrain as much as possible the liberty the people take within any woods belonging to us, in cutting down and converting to other uses such trees as are fit for masting our Royal Navy, and to take care that such trees be reserved particularly and solely to that service. And whereas we are desirous that our Dominions be furnished with pitch, tar, hemp and other naval stores from the Plantations, and application having been made to us by divers merchants and traders to the Plantations that a person expert in the producing and fabricating such stores should be sent to those parts, and being sensible of your knowledge and experience herein, you are likewise upon your arrival to use your best skill and care in instructing the inhabitants of New England and other our Colonies in the right and proper method of producing making and fabricating of tar and pitch, and to direct them, as well in the choice of trees as land proper for the producing these commodities, as likewise for producing hemp and such other naval stores as are imported from the East countrys and other foreign parts. You are to endeavour by your advice and instruction to correct any errors the inhabitants may run into, in the manufacturing the said commodities. You are to advise the inhabitants that they take care that all such pitch and tar as shall be shipt from thence be clean and free from dirt and dross, and that the respective makers of those commodities do put their names and the place where such commodities were made upon each cask in which the said pitch and tar shal be put. You are to make application to our Governours in those parts that they endeavour to get such Acts past in their respective Governments as may be proper for encouraging the said undertaking, and for preventing abuses that may be committed therein. When you shal have done what is necessary in New England, you are to proceed to other our Plantations, proper for such productions, in order to the instructing the inhabitants there in the same manner. You are to keep a particular account of all your proceedings herein, and what progress you make from time to time, as also what particular obstructions you shal meet with, if any; and give an account thereof to us by one of our principal Secretaries of State and to our Commissioners of Trade and Plantations, as also to our Governors of the respective Plantations where you shal be, together with your opinion what further orders or instructions may be requisite for the perfecting this so necessary undertaking. [C.O. 5, 912. pp. 56–60.]
Dec. 19.1518. Mr. Attorney General to the Council of Trade and Plantations. In reply to enquiries of Dec. 5 concerning Maryland Acts. (1) I am of opinion the suspending is to continue in force for 18 months, unless sooner determined by H.M. pleasure, and the clause that no prosecution shall be untill ye expiration of 18 months, or until H.M. shall declare her pleasure, I think can have no other construction, and therefore in all events the Act is to determine at ye end of 18 moneths, without H.M. pleasure declared and sooner, if she shall so please to declare; (2) I am of opinion all ye power reserved to H.M. by ye Act is to determine ye Act within 18 moneths, but H.M. cannot by her Declaration continue longer ye suspension of ye former Act. Signed, Edw. Northey. Endorsed, Recd. Read Dec. 20, 1705. 1 p. Enclosed,
1518. i. W. Popple, jr., to Mr. Attorney General. See No. 1491. 1½ pp.
1518. ii. Extract of Governor Seymour's letter of July 3. 1 p. [C.O. 5, 715. Nos. 93, 93.i., ii.; and (without enclosures) 5, 726. pp. 348, 349.]
Dec. 19.
Whitehall.
1519. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose extract of Governor Dudley's letters relating to the French, to be laid before H.M. We think that it may be for H.M. service that the value of the sloop be given to the deserters from Port Royal, as proposed, and that his proposal concerning Quebec is worthy of consideration. [C.O. 5, 912. p. 61.]
Dec. 19.
Whitehall.
1520. W. Popple, jr., to Mr. Lowndes. Encloses extracts of Governor Dudley's letter, July 25 last, relating to the Post Office, and his account of pirates' goods etc., to be laid before the Lord High Treasurer. The Council of Trade and Plantations, in consideration of the great care and pains Col. Dudley had in seizing and securing the said pirates and their effects, and that neither he nor the Lieut. Governor have any salary settled upon them, recommend that there may be such a reward allowed them out of the said treasure, as his Lordship shall think fit. [C.O. 5, 912. pp. 62, 63.]
Dec. 20.
Whitehall.
1521. Mr. Popple to Mr. Attorney General. The Council of Trade and Plantations desire your opinion whether it be fit for H.M. to grant Mr. Thomas Allen's petition (Oct. 11, Dec. 17). [C.O. 5, 912. p. 63.]
Dec. 20.
Whitehall.
1522. W. Popple, jr., to J. Burchet. Extract of letter from Gov. Dudley, July 25, relating to the privateer of Mr. Gallop etc. (Cf. Nov. 16), for H.R.H. directions. [C.O. 5, 912. p. 64.]
Dec. 20.
St. James's.
1523. Order of Queen in Council. Refer following to the Council of Trade and Plantations for their report. Signed, Chris. Musgrave. Endorsed, Recd. Read Feb. 12, 1705. Enclosed,
1523. i. Thomas Newton, marriner, to the Queen. Petitioner has an undoubted right to Hogg Island, but the Colony of Rhode Island have taken possession of it, and granted it to John Burden, and bound themselves by an Act of Court to stand by him etc. Prays for an impartial trial in the next adjacent province. Signed, Tho. Newton. Copy. 1¾ pp. [C.O. 5, 1263. Nos. 61, 61.i.; and (without enclosure) 5, 1291. pp. 321, 322.]
Dec. 20.
Whitehall.
1524. Council of Trade and Plantations to the Queen. Summarize Governor Dudley's letter of July 25 relating to Rhode Island and Connecticut. Recommend Richard Waldron to be appointed to the Council of New Hampshire as proposed. [C.O. 5, 912. pp. 65–68.]
Dec. 20.
St. James's.
1525. Order of Queen in Council. Referring back the (above) Representation to the Council of Trade and Plantations, to enumerate the severall misfeazances and illegall proceedings of the Charter Governments and Proprietys in America, in prejudice to the Trade of this Kingdom and H.M. Plantations, and also the advantages and conveniencys that may arise by reducing such Proprietys and Charter Governments etc. Signed, John Povey. Endorsed, Recd. Read Jan. 2, 1705/6. 1 p. [C.O. 5, 863. No. 151; and 5, 912. pp. 68, 69.]
Dec. 20.
St. James's.
1526. Order of Queen in Council. Ordering a warrant to constitute Richard Waldron a Member of Council of New Hampshire, in the room of John Hincks, who has left that country without leave, as recommended by Governor Dudley. Signed, Chris. Musgrave. 1 p. [C.O. 5, 931. No. 7.]
Dec. 20.
Whitehall.
1527. Council of Trade and Plantations to the Queen. There being a vacancy in your Majesty's Council of Virginia by the death of Col. Bird, and Col. John Smith and John Lewis having been admitted into the Council there by Col. Nicholson, pursuant to his Instructions, which being unknown to us at the time when the Instructions to Col. Nott were prepared by us, their names were left out of the said Instructions, and having had a good character of the said Smith and Lewis, we humbly offer that they be restored to their places as vacancies shall happen, and whereas there is one vacancy at present, we offer that Smith be restored to the Council and take his former place and precedency therein. [C.O. 5, 1361. p. 413.]
Dec. 20.
St. James's.
1528. Order of Queen in Council. Mr. Secretary Hedges to prepare a warrant for re-admitting Col. Smith to his former place in the Council of Virginia. Signed, Chris. Musgrave. 1 p. [C.O. 5, 1315. No. 1; and 5, 1340. No. 18; and 5, 1361. pp. 424, 425.]
Dec. 20.
St. James's.
1529. Order of Queen in Council. Mr. Secretary Hedges to prepare a warrant for readmitting John Lewis to his former place in the Council of Virginia, after the next vacancy. Signed, Chris. Musgrave. Endorsed, Recd. Read Jan. 3, 1705/6. 1 p. [C.O. 5, 1315. No. 2; and 5, 1340. No. 17; and 5, 1361. pp. 425, 426.]
Dec. 21.1530. Remonstrance of the Roman Catholicks of Maryland to the House of Delegates. The said Roman Catholicks are much surprized to find themselves by an Act past the last sessions of Assembly deprived of that liberty in point of religious worshipp wch. they and their ancestors have without interruption constantly enjoyed from the first seating of this Province together with the rest of theire fellow-subjects of different perswasions, and that not onely by the publick conditions proposed by the propryes [sic] to all persons for encouragement of seating heare, but allsoe by a law heretofore passed by the whole representative body of the Province and assented to by the proprytor, wch. has for a long time been found by evident experience to have contributed very much to the peopling of the country, and the firme settlement of a friendly and sincere union between all the people towards carryeing on the common interest of the Crowne of England and theire owne. It is noe small addition to theire surprise herein when they consider that in this Assembly are severall persons who cannot be ignorant that the said Roman Catholicks or their ancestors have allwayes been as active and forward in hazarding theire lives and fortunes for the common interest and reduction of the country to the English subjection and suppression of the Heathen as any other proportionable number of the people, and that in the severall attempts therein a great many of them lost their lives as well by the hands of the infidell enemy as by the hardshipps which the seating of such a desarte as this was must of necessity render people lyable to, and that now they think it the greatest of hardshipps, when they and their posteritys are in a faire way of reaping some advantages of theire past laboures and expence in conjunction with the rest of their fellow subjects to be deprived of that liberty and freedom upon the encouragement whereof they or forefathers chiefly transported themselves hither. The Charter which laid the foundation of this Province being granted by a Protestant Prince to a Peer knowne to be a roman Catholick, it cannot in reason be conceived but that it was given for granted by that Prince the said Peer and successors should allow a tolleration and freedom of conscience as well to such of his owne perswasion as should transport themselves from their native country to contribute towards the peopleing a Desart at soe great a distance, as to others, and if soe in the beginning of the settlement, it is humbly conceived that in all justice and conscience the covenant ought to continue to posterity. The said Roman Catholicks being informed by some persons, who may well be supposed to know, that the [ ] did not intend to restraine them in their liberty as the words of the Act doe, but that onely some irregularityes were intended to be remedied thereby, are in great measure eased of the dread which the consequencies of such a law must bring upon them, wherefore they most humbly pray that as the said Act begune in this Honble. house, directions may be given that such moderate methods may be taken therein as to the prudence, wisdome and justice of the House shall be thought reasonable, and suitable to the originall constitution, and H.E. the Governor and the honourable Councill addressed to concurr thereunto that thereby the said Roman Catholicks (who noe longer wish for freedom of conscience in this H.M. Province then they behave themselves as becomes dutyfull and loyall subjects) may be left in the same circumstances they have hitherto been, till H.M. pleasure in relation to them be knowne, to whom they question not but application has been before this made aboute that parte of H.M. Royall instructions to H.E. which affects them. Subscribed,
1530. i. By the House of Delegates, Dec. 8, 1704. Upon reading the within remonstrance, the House are inclined to indulge the Roman Catholicks in the private exercise of theire Religion in theire own houses and families, therefore they doe pray the concurrence of H.E. and the Council therein, that a bill may be brought in wch. may allow them such liberty as they have prayed. Signed, Wm. Taylord, Clk. Ho. Del.
1530. ii. By the Governor and Council in Assembly, Dec. 8, 1704/5. This Board are willing a Bill should be brought in to suspend the prosecution of any Romish priest incurring the penaltys of the late Act by exercising their function in a private Ro. Catho. family dureing tearme of 18 months or until H.M. pleasure shall be knowne therein. Signed, Wm. Bladen. Endorsed, Recd. Read Dec. 21, 1705. 2 pp. [C.O. 5, 715. No. 94.]
Dec. 21.
Whitehall.
1531. W. Popple, jr., to the Bishop of London. The Council of Trade and Plantations having agreed their report upon the Acts of Maryland relating to Popery (Dec. 5, 21), send you the same. They will again meet Jan. 2, at which time they will be glad of your Lordship's company in order to sign the same, if your Lordship have no objection thereunto, or unless your Lordship will think fit to sign it before. [C.O. 5, 726. p. 350.]
Dec. 21.1532. Order of the House of Commons that the Council of Trade and Plantations do lay before this House a state of the Trade with Newfoundland and the Western Islands. Signed, Paul Jodrell, Cl. Dom. Com. [C.O. 194, 3. No. 86; and 195, 4. p. 63.]
Dec. 24.
Virginia.
1533. Governor Nott to the Council of Trade and Plantations. I hope ye Proceedings at lenth with ye letter I send in ye nature of an Abstract, will answer wt. your Lordpps. expect from me. But I must now beg your Lordpps. pardon in case I trouble you with wt. may be either not so well expresed or so proper to trouble you with. I have an instruction that excluds any Councillor from being one of ye Navall Officers. The Council think itt a very heard case, that they should be at so great trouble and charge and yet be made uncapable of any of those places, if they ware vacant. I leave it to your Lordpps. who are best judges wither it may be for H.M. service or not. As far as I can yett see it would be a great satisfaction to ye Governer to have ye restriction off. An other thing is, there are severall laws yt. are advantagious to ye Cuntrey yt. I brought over, wch. your Lordpps. had approved off, which ye Assembly pass here without alteration, but ye Clergy bill and some others yt. I think are more desired in England to pass intire, they have very much changed. Now the favour I beg of your Lordpps. is, to know if I shal pass those laws whare there is no alteration, and only send over those whare there is material ons, or send over ye whole Revisal for your Lordpps. approbation. I do once more beg pardon if I am impertinent, wch. I hope for because I mean well. Signed, Edward Nott. Endorsed, Recd. 6th, Read Feb. 28th, 1705/6. 2 pp. [C.O. 5, 1315. No. 13; and 5, 1362. pp. 4, 5.]
Dec. 24.
Virginia.
1534. Governor Nott to the Council of Trade and Plantations. Refers to former letter. About the middle of Oct. the Marlborough galley of Bristol arrived here from the West Indies, to lade tobacco for Bristol, and gives me this opportunity of paying my duty to your Lordships and transmitting the Journals of the Council and Assembly since the date of my last letter. Upon the petition of Wm. Freek, the Master of this ship, I did with the advice of the Council permit him to sail as soon as he could procure his lading, cheifly on the account of the ship's being a good sailor, and of more than ordinary force for a merchant man, and wch. we thought would afford a safe and speedy conveyance for the public dispatches that would be necessary to send your Lordships after the conclusion of the Assembly. The Assembly mett on Oct. 23, and proceeded on the revised Bills, whereof 22 are sent up to the Council for concurrence, and of them, 7 are past there without any amendment, and others sent back to the Burgesses with amendments; but the weather proving very cold about Nov. 24, they made application for a recess, but notwithstanding I continued their setting till the 30th, at which time, according to the advice of the Council, I gave them leave to adjourn till April 24. The Burgesses have passed the Act for raising a publick Revenue etc. with some amendments that will be advantageous to H.M., for, whereas in the Bill which your Lordships had before you, there was an allowance of 10 per cent. to the Masters on the 2s. per hogshead, they have now reduced it to 5 per cent. They have also appointed all ships trading to be measured, and the fifteen pence per tun to be paid according to the tuns they measure, wch. will considerably increase that duty; and it seems that such a precaution is very necessary; for the tunnage being paid formerly according to the tuns exprest in the registers (wch. have not been always exact) some have contrived of late to get their ships registered anew, at a less burthen than they were registered before, wch. seems to be cheifly designed to defraud H.M. of the duty on the tunnage here. The Bill for establishing the General Court is passed the House of Burgesses in the same manner as it came from your Lordps., and I believe the Council will make no alteration in it, except it be as to the holding one of the Courts in Dec., wch. they seem to think might be contrived to be held at some more convenient time, considering the coldness of the weather at that time of ye year, and if they can find a more proper season, I suppose your Lordps. will not be dissatisfyed. The Bill concerning the Clergy is not like to succeed so well; the Burgesses have struck out the 40lb. of tobacco per poll, and the method of induction: the former they are so positive against that the Council have not thought fitt to press them on it, and tho' they have again proposed a method of settlement for the Clergy, in their amendments to the Bill, there appears but very little hopes of its taking effect, so that the Clergy are like to continue much on the same foot as now; however, when the Assembly meets again, I shal not fail to use my endeavours for obtaining a better settlement for them. I shal not trouble your Lordships with an account of any other Bills, since they are not of so public a nature, and not yet finished: but if your Lordps. desire further satisfaction as to the progress made in the Laws, I refer you to the Journal of the House of Burgesses. Upon my recommending to the Assembly the establishing of ports and towns, the Burgesses have appointed a Committee to prepare a Bill for that purpose; they have also resolved that a house be built for the Governor, but have not yet settled the fund for carrying it on: but I hope after their next meeting I shal be able to give your Lordps, a good account of their proceedings both in relation to the Laws, and the other matters recommended to them. Being by one of H.M. Instructions directed to cause the quitt-rents to be sold by inch of candle at the respective County Courts, upon my laying it before the Council, I found that the like Instruction had been given formerly and put in practice, till it was found to be a disservice to H.M. After which it was ordered that the Auditor should sell the quitt-rents himself, wch. he usually did in Oct. General Court, and the same method is thought fit to be continued as most advantageous for H.M. service. Refers to Journal of Council. I am sorry to inform your Lordps. that the extraordinary low price of tobacco this year beyond what hath been known for several years past, will much lessen the value of H.M. Quitt-rents, tho' all possible care hath been taken to advance it, particularly by a strict order to the sherifs to pay the tobacco to the purchasers of the Quitt-rents as good both as to quality and conveniency as they receive it in the Counties, wch. it seems they did not think themselves obliged to observe heretofore. Several persons who had procured rights and made entrys for land on the South side of Blackwater, when that land was laid open by order of the late Governor and Council, and afterwards by an order of the Governor had been prohibited to survey or patent the said lands, presented a petition to me for liberty to go on with their surveys. In this case there had diverse contraversys arisen about the entrys, some parcels being claimed by two or more different pretenders; others had fairly entred for their lands and no dispute had been made of their titles, but both had been restrained from surveying and patenting what they had entered for; so that to do equal justice as well as to give satisfaction to all concerned, it was thought fitt in Council to allow such as had made good entries, and no complaint offered agt. them, immediately to survey and patent their land according to the laws and usage of the country. And for such whose entrys are contraverted they are to be heard in Council on the second day of the next General Court, and if any irregular proceedings have been heretofore in that matter, I hope they may then be rectifyed; and by this permission a further addition made to H.M. Quitt-rents. Refers to Journal. Upon consideration of my Lord High Treasurer's letter and memorial for improvement of H.M. Quitt-rents, directions are given to the respective Sherifs for the better discovering all lands held of H.M. and the arrears of Quitt-rents due for the same, and suitable rewards promised to encourage their dilligence; a form is also sent them for the more regular making up their rent-rolls. And I am not without hopes that these directions will have some good effect for H.M. service both in augmenting that Revenue, and for obtaining a perfect Rent-roll, wch. is so much desired. For accomplishing the latter, Mr. Secretary hath directions to extract from the Records of his office an account of all patents for land granted since the first seating of the country and to cause the County Court Clerks search their Records to whom the sd. lands have been from time to time transferred. Last month I received my Lord High Treasurer's commands to cause Mr. Byrd lay before me and the Council for examination, all his father's accounts as Auditor, from his first entring on that office; Mr. Byrd hath had notice accordingly, but upon his representation of the difficulty and trouble he finds in searching for papers of so long a standing (being now above 16 years since Col. Byrd was appointed Auditor) and that he could not possibly be ready to comply with my Lord High Treasurer's directions sooner, he hath time given him till next Council to prepare those accounts. The arms and ammunition sent hither by H.M. order, and which had been directed to be sold at 12½ per cent. advance on the first cost, going off but very slowly, your Lordships will be pleased to observe in the Journal, an humble Representation from my self and the Council, that the abating somewhat of that price will (we hope) facilitate the sale of the arms, and be of service to H.M. and this country. And in the same page the Council have offered several reasons for removing the arms from James City, as being a place that lyes open on a navigable river without guard or fortification, where they are exposed to the danger of being surprized by an enemy; and a repartition of those arms and stores is made for each County in the Colony whereby it is conceived they will be much more safe, and of greater service to the country in case of danger. Having according to H.M. Instructions taken the advice of the Council in the nomination of fitt officers throughout this Colony, I have directed new Commissions of the Peace to every County, and the short time I have yet been here not affording me a sufficient knowledge of persons, I left the nomination of the Justices solely to the Council. I have continued the former Escheators, there being no objection made against any of them. But when I asked the advice of the Council as to the continuing the Naval Officers, objections were made against several of them, viz., against Col. Wilson and Col. Corbin, as being much concerned in trade, and exacting illegal fees, and they are ordered to put in their answer at the next meeting of the Council. The exceptions against Major Allen are his being appointed at first without advice of the Council, and officiating by a deputy without any other necessity than the inconveniency of his own habitation; to this he hath given in his answer which (tho' there be nothing done on it in Council) I humbly transmit and shal in his case, as in all other the Naval Officers, wait your Lordships' directions before I make any alteration, except there be mismanagement proved against them. I gave your Lordps. an account in my last how little tobacco was exported hence in the ships that sailed under convoy of the Kingston, so that the duty of 2s. per hogshead could not be much encreased by it.
Mr. Byrd hath paid the last half year's sallarys out of that and the ballance of his father's accompt., and there remains due to H.M. 1,575l. 3s. 3d., as your Lordsps. will see by the enclosed copy of his accompt. It hath been examined in Council and the observations made thereon are of an article on the credit side of Bills of Exchange sent by Col. Nicholson to Mr. Perry for 46l. 19s. 10d., being part of Mr. Custis's account, it appearing that these bills were sent to Col. Nicholson as part of Mr. Custis's last half-year's accompt of the 2s. per hogshead, and that Col. Nicholson remitted them to Mr. Perry for H.M. use, the Council thought it reasonable to allow them to be discounted by Mr. Byrd. The other remark is the paying the full half-year's sallary to Col. Blakiston as Agent, which the Council think reasonable to allow him in regard of the more than ordinary trouble they have lately given him. Your Lordships will find in this accompt of Mr. Byrd's an article of 27l. 4s. 10d. for arms sold, and that your Lordships may be informed why the produce of the arms is charged in the accounts of the 2s. per hogshead, I beg leave to acquaint your Lordships that when the arms were sent in hither, there was a considerable charge accrued for cleaning them etc., for defraying of which it was thought fitt to advance 12½ per cent. on the first cost of all the arms, that should be sold, but it being necessary that the charge should in the meantime be paid out of the 2s. per hogshead, the Council inform me that it was agreed that the first produce of the arms should be applyed towards the refunding it to that Revenue, and all that should be sold afterwards charged to the Revenue of Quitt-rents, according to H.M. royal commands. One Jonathan Yates, carpenter of the Thomas and John, of London, now in York River, made complaint to me that Robert Ranson, Captain of that ship, had in his voyage, on the coast of Guinea, beaten one Arrison, a seaman, so as he dyed in few days after. I did thereupon with advice of the Council order the affidavits of all the men in the ship to be taken, and directed the Attorney General to report his opinion what was proper to be done in it, and the case appearing difficult, we had besides Mr. Attorney, the opinion of two other gentlemen who are barristers at law, but they were all so doubtfull whether it could regularly be enquired of here, that we did not think convenient to proceed further in a matter where we were not certain that we had any jurisdiction, and besides the information appeared to be malicious, being contradicted by the testimony of diverse witnesses, especially of the surgeon of the ship, etc. Refers to enclosure. Capt. Ranson is bound for London with the next fleet. I have pursuant to H.M. Instructions made enquiry into the management of the Secretary's Office, and find that the present Secretary hath taken great pains in regulating the office, and hath it in much better order than ever it was before. Several old Records that were almost worne out are newly transcribed, and both Records and papers put up in convenient boxes, and he is making some other regulations in it as well for decency as service. My Lords, the quantity of goods, and especially of cloathing imported of late, not being sufficient for supplying the country, many of the inhabitants and more particularly in the Countys where they plant Aronoco tobacco, have this last year planted a considerable quantity of cotton, which they have manufactured with their wooll, for cloathing their families; and others have sowed flax, and made linnen; and the scarcity of goods rather increasing this year, I am afraid many more will be reduced to a necessity of falling on that sort of manufacture to wch. the extreme low price of their tobacco will very much incline them; I thought it my duty to informe your Lordships of this, submitting it to your Lordships' consideration how far it may affect the Trade of England. I am sorry that I must give your Lordships the melancholy news of the burning of William and Mary Colledge. On Oct. 29, between 11 and 12 a clock at night, a fire broke out there, wch. was got to that height before it was discovered, that it was impossible to save it, the building, Library and furniture was in a small time totally consumed. A Committee of the Council and Burgesses have taken diverse examinations about it, but nothing can be gathered by what accident it came to be fired. I cannot tell what course will be taken to retrieve this misfortune; the Gentlemen who are concerned in the management of the Colledge have not mett to do anything in it by reason of the want of a Rector, Col. Nicholson, the present Rector, being out of the Country, and they not having power to make a new election till next Lady Day. The ships that are now here will not be sufficient to export the tobacco that lyes in the country, so that a great deal must be left if no more ships come in, which will be a loss, as well to H.M. in her Customs, as to the Planters and Inhabitants. Signed, Edward Nott. P.S.—H.M.S. Woolwich and Advice are arrived here with 16 sail of merchant-men under their convoy for this country and Maryland, the Advice is gone up the Bay to Maryland, and the Woolwich is at Kiquotan, and I hear has brought in as prize a French merchant-ship from the Isle of Cayen, wch. he took to the Eastward of the Western Islands, but I have neither seen nor heard from the Commodore anything of this matter, so cannot give your Lordships an accot. of her cargo or value. Endorsed, Recd. 6th, Read Feb. 26th, 1705/6. 8 pp. Enclosed,
1534. i. Mr. Auditor Byrd's Accompt of the 2s. per hhd. July 20—Oct. 25, 1705. Due to H.M., 1,575l. 3s. 3d., after paying 1,013l. 11s. Od. salaries etc. Signed, W. Byrd. Endorsed, Recd. Feb. 6, 1705/6. 2 pp.
1534. ii. Col. Allen to Governor Nott. Reply to the Council's objections to him as Naval Officer. Referred to above. Signed, Ar. Allen. Endorsed as preceding. 1¼ pp.
1534. iii. Copies of the Depositions of the seamen of the Thomas and John as to the death of Valentine Arrison. Referred to above. Some declare that he died of blows dealt him by Capt. Ranson with fist and cutlass, the surgeon that he died of fever arising from drinking too liberally of palm wine, against which he had been warned by the Captain and himself. Same endorsement. 4½ large pp. [C.O. 5, 1315. Nos. 11, 11.i.–iii.; and (without enclosures) 5, 1361. pp. 450–463.]
Dec. 24.
Virginia.
1535. Governor Nott to [? Mr. Secretary Hedges]. Repeats part of preceding. The Council and Assembly are very much out of humour yt. their laws should be sent home without being first passed here, and therefore I believe make great alterations both to wt. their Committy did here and to wt. ye Lords of Trade had amended at home, particularly ye Clergy bill, they have allmost left them ye same as they ware before the revisall, wch. truely is very deplorable. I have an Instruction wch. obleges me to have ye advice of the Council in ye puting in ye Navall Officers. I acquainted ye Council yt. I was goeing to renew their Commistions, and desired to know if they had any just reason to object against any of them. One of ye 6 past over very easely, wch. is ye Officer of ye Eastern Shore, for indeed I have been forced to desire him to keep his place till I can try whether my Lord Treasurer will incress his sallary, for unless I would doe as Col. Nickcolson did, wch. is to give an order to him to receive ye 2s. per hhd. before ye hogsheads are taken of yt. shore, wch. ye Council tell me is contrary to law, it not being due but upon ye shiping, and without either yt. be don, or ye sallery increased, ye place is not worth ye haveing, there being so few ships yt. lode there. And yet it is a place lying so well for ye smugling trade yt. it requirs he should have at least one if not two Deputies. There are two others I got them to be satisfied with, one of them Col. Cary, ye Naval Officer of York River, is so necessary a man, and has so good a character yt. ware itt not for a very odd instruction yt. incapacitats a Navall Officer to be of ye Council, I should think him one of ye fitest men for itt in ye Colloney. Argues that the restriction making Councillors incapable of holding places of profit makes good men very indifferent as to being of the Council. As to ye other 3 Navall Officers, they have given there objections against them, one of ye 3, Major Allin, they have nothing to say but wt. I think very triviall and his answer very full; for ye other two they are to answer at next convenient Council. In ye meantime I shall continue them, but not renew their commistions till I hear from my Lord Treasurer, who if you please to speak to, and if any of ye officers be put out, I shall be very glad to see ye Gentleman you spoke to me about come for one of them. Here are several laws passed yt. I brought over without any material alteration. Now the Clergy Bill and several others the Assembly have cloged with amendments. I endeavoured to scare them with telling them they would gett none of there Laws passed if they would not doe something for ye Clergy, but it will not doe. I therefore beg your advice wheither I should send all ye laws whome, or pass those wch. ye Lords of Trade and ye Assembly agree in etc. Signed, Edward Nott. Endorsed, R. Feb. 1, 1705. Holograph. 4 pp. Enclosed,
1535. i. Minutes of Council of Virginia, Oct. 15—Nov. 30, 1705. 29 pp.
1535. ii. Journal of Assembly of Virginia, Oct. 23—Nov. 30, 1705. 68 pp.
1535. iii. Journal of Council in Assembly of Virginia, Oct. 23—Nov. 30, 1705. 23 pp.
1535. iv. Abstract of Journals (Nos. i.–iii.) [C.O. 5, 1340. Nos. 19, 19.i.–iv.]
Dec. 25.1536. Petty Expenses of the Board of Trade, Michaelmas—Christmas, 1705, 18l. 10s. 9d. Stationer's Bill, 18l. 16s. Postage, 71l. 1s. 1d. 3½ pp. [C.O. 388, 76. Nos. 1–3.]
Dec. 27.
H.M.S. Nonsuch, Falmouth.
1537. Capt. Boys to the Council of Trade and Plantations. Asks for directions how to forward a box to the Board from Lord Cornbury. Signed, C. Boys. Endorsed, Recd. Read Jan. 2, 1705/6. 1 p. [C.O. 5, 1049. No. 1; and 5, 1120. p. 382.]
Dec. 31.
St. James's.
1538. The Queen to Governor Nott. Warrant for admitting Col. Smith into the Council of Virginia. Countersigned, C. Hedges. 1 p. [C.O. 5, 1340. No. 20.]
Dec. 31.
St. James's.
1539. Same to same. Warrant to admit John Lewis into the Council of Virginia upon the first vacancy. Countersigned, C. Hedges. 1 p. [C.O. 5, 1340. Nos. 21, and (corrected copy) 22.]
Dec. 31.
St. James's.
1540. H.M. Warrant to Sir T. Laurence, Bart., to be absent from Maryland, he putting in a Deputy. Countersigned, C. Hedges. Endorsed, Recd. Read Jan. 14, 1705/6. 1⅓ pp. [C.O. 5, 716. No. 4; and 5, 726. pp. 362, 363.]
[Dec.]1541. Inhabitants of Ferriland and places adjacent in Newfoundland to the Queen. Represent their present danger. For the French with the barbarous Indian natives of Canada doe very often in a barbarous and inhumane manner overrunne our parts. They are not under any manner of discipline of warr, having neither Commissions nor orders soe to doe, but connived at by the French Governor, that whatever outrages those people doe commit may not be imputed to any of the said Governor's infringing the common Law of Armes, for those parties of men have used several barbarities, as taking of the hairy scalpe from a man's head whilst living, torturing another by putting his feet in a strong fire untill they were burnt to a coale up to the ancle, tortured others by putting burning matches betwene their fingers untill the flesh was burned home to the bone, and burne, ravage, destroy and plunder all wherever they came. And on Nov. 5th last seven of them came by night and surprised and plundered Renuse, but did not then burn or use their common violence, as not being strong enough in number, for they came then as 'tis generally believed as spyes, but we as soone as could get together pursued them with 17 men, being encouraged thereunto and laid [led] by William Roberts, fell on them and at a place called Glam Cove killed one and took three of them prisoners, the rest escaped into the thicketts, and we recovered their booty. Pray that these prisoners may be prosecuted. And since that Nature has formed the harbour of Ferriland that it may easily be made strong, and that it is a fit place for the defence of the South Fishery, we humbly beseech your Majesty that you will order a small fortress of about 10 guns and 40 men, which will be defence for the said harbour and a refuge for the adjacent places, etc. Signed, William Robarts, Thom. Dible, John Robbins, Samuell Gabrath(?), Archd. Cumming, John Tuke, Richard Power, John Hodge, John Hill, Will. Shoart, James Benger, John Jenkins. 1 p. No date. [C.O. 194, 22. No. 56.]