America and West Indies
July 1707

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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494-518

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'America and West Indies: July 1707', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 494-518. URL: http://www.british-history.ac.uk/report.aspx?compid=73745 Date accessed: 30 August 2014.


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Contents

July 1707

July 1.
Whitehall.
1021. W. Popple, jr., to Governor Hunter. Col. Blakeston having omitted whilst he was in town to take out H.M. Order repealing an Act of Virginia concerning granting lands, etc [April 17], the same has lain in the Council Office ever since and being but this day laid before their Lordps., they send you the same, and desire that you will upon your arrival in Virginia forthwith cause the said Order to be published and entred in the Council Books as usual. [C.O. 5, 1362. pp. 238, 239.]
July 1.1022. Mr. Brodrick to [? Mr. Linton]. Reply to queries as to what restraints are in force to prevent English traders setting up tobacco manufactories in foreign parts. Signed, St. John Brodrick. Endorsed, Recd. from Mr. Linton, Read July 1, 1707. 6¼ pp. [C.O. 5, 1315. No. 65.]
July 1.1023. Mr. Linton to the Council of Trade and Plantations. Memorial upon the tobacco trade. Cf. B. of T. Journal, July 1, and following Representation. Signed, John Linton. Endorsed, Recd. Read July 1, 1707. 2¼ pp. [C.O. 5, 1315. No. 66; and 5, 1362. pp. 247–251.]
July 1.
Whitehall.
1024. Council of Trade and Plantations to the Earl of Sunderland. Enclose following, which being of great importance to this Kingdom, we desire you will be pleased to lay the same before H.M. at the first convenient opportunity.
1024. i. Council of Trade and Plantations to the Queen. The Virginia and Maryland merchants have presented a Memorial to us, setting forth that the tobacco trade of this Kingdom, has been for some years past, and still is, under great discouragements and interruptions in regard to foreign export to Muscovy, Sweden, Denmark, France and Spain, those countries being now chiefly supplied with tobacco of foreign growth, whereby they apprehend a total disuse of our Plantation tobacco in these parts, etc. as June 17. Whereupon, having fully discoursed the said merchants and carefully examin'd such accounts, relating to that trade, as were produced to us from Holland and other foreign parts for our fuller information, we humbly represent, that we find in Utrecht, Gelderland, Overyssel, and in the Dutchy of Cleves (where the tobacco plantations do chiefly lye), the growth of tobacco is of late very much increased; for whereas about seven years ago those Provinces did not produce yearly above 10,000,000lb. weight of tobacco, they have since from year to year so extended their plantations, that the produce for 1706, was computed to be above 27,000,000lb. And it appears that in Amsterdam there are from 30 to 40 large spinning houses for making up tobacco into roll, wherein are employed above 4,000 men, besides great numbers of women, boys and girls, particularly that in one house there is made up into roll for the tobacco farmers in France above 10,000,000lbs. weight mixt, half Dutch, half Virginia; whereas formerly France was supplyed with leaf tobacco from this Kingdom, which they made up into roll at home. That there are in the said city about ten large cutting houses of tobacco for exportation, besides great numbers for inland consumption, and consumed on board the many ships belonging to the seven Provinces, which must be very great; and we are credibly informed that in the Province of Utrecht (during the time of sowing and getting in the tobacco) one man do's employ 1,000 persons, and constantly 300 in manufacturing the same, all which he sends to Muscovy without any mixture of our tobacco. That there are 40 large mills continually employed in flatting Virginia and inland stalks, like leafs, fit for cutting; the charge of flatting and cutting being about one stiver pound weight. This use of stalks is looked upon as the chief reason why Virginia tobacco is at so low a price in Holland, for they find the hott and dry tast of tobacco so mixed is more agreable to the Northern Palate, which together with it's cheapness, recommends it to those markets. We do further find that the quantity of tobacco made up in roll and exported from those Provinces every year (of which a certain account may be made) is above 12,000,000 of pound weight viz. Millions of pounds weight;—
To Norway
" Jutland and Denmark
" Sweden4
To Lyfland
" Dantzick and Coningburgh2
Besides many small parcels, of which there can be no exact account, so that near one half of the Dutch produce is exported in roll. That great parcels of their leaf tobacco are carried to several Ports of the Baltick, and there used for wrappers to the Pomeranian and Brandenbourg tobacco, the produce of those Plantations being increased to near 20,000,000 of pounds weight, besides which a very considerable quantity grows at Strasbourg, Franckfort, and in Hungary, not less than 20,000,000 of pound weight, not to mention what grows at Circasia and other parts in the Czar's territories. The cutt tobacco carryed to the Baltick, Flanders, Frizeland, Munster and Westphalia (amounting to about 3,000,000 of pound weight) is a mixture of Dutch Inland with our Virginia, one half thereof Virginia stalks, and for the most part 'tis of 2/3 stalks flatted and cutt with ⅓ Inland. We have seen some letters from merchants at Riga and Revell to their correspondents here [June 16] which say that about 13 years ago the consumption of the Plantation tobacco of this Kingdom was very great in those parts, amounting yearly to about 800 or 1,000 hogsheads as well in roll as cutt, which was sold at very high prices, but that now we are almost beat out of those markets by the cheapness of Dutch tobacco imported there to double the quantity of what used formerly to be sent from hence. And they say the Dutch have so far ingross'd the tobacco trade in the North, that several parcels of our Plantation tobacco have lain in the merchants' warehouses at Riga and Revell 5, 6 or 10 years. Lastly, the merchants complain that, to the great discouragement of their trade, when any of your Majesty's ships of war go to Holland, or any other parts beyond the seas, the Pursers generally furnish themselves, for the seamen, with tobacco of foreign growth (which in goodness falls far short of our Plantation tobacco) or with our own tobacco on which a drawback has been allowed; wherein the Pursers find very great profit, such tobacco being purchase by them at 5d. per pound weight or under, and they sell it to our seamen at 19d. per pound weight, the established rate of the Navy. Whereas our tobacco having paid a duty to your Majesty of 6⅓d. per pound weight, cannot be sold under 10d.; by reason whereof the consumption of our Plantation tobacco on board your Majesty's Royal Navy is very much lessned Merchants' proposals stated and considered:—There being at present no commerce with France by British shipping 'tis proposed that during the present war, neutral ships be permitted to load tobacco in this Kingdom, on the account of foreign merchants in amity with your Majesty, and to carry the same directly to France If this be approved, it will be necessary that the present Instructions to the Commanders of your Majesty' ships of war and privateers, as to that point, be altered; that suitable directions be given therein to the States General, to the end they may give the like Instructions to their ships of war and privateers. 'Tis likewise proposed that your Majesty's Ministers at the Courts of Spain and Portugal, be directed to endeavour the obtaining a liberty for your Majesty's subject to import tobacco into the Dominions of those Prince for the use of your Majesty's forces there, as also a fre importation of tobacco into such parts of Spain as are in alliance with your Majesty. And that the like Instruction be given to your Majesty's respective envoys at the Courts of Sweden and Muscow for a free and equal importation of tobacco into those parts, upon such terms as shal be thought reasonable. As to what relates to the import of tobacco into the Czar's dominions, we observe it is one of the proposition contained in our Representation of April 26, 1706 upon which the then Commission for Trade were of opinion that your Majesty's orders to be given therein might be respited for some short time in consideration that a great quantity of tobacco imported into Russia by several of your Majesty's subjects (then under a particular contract with the Czar) lay unsold at Muscow. But the same having been since sold and delivered to his Czarish Majesty, we see no reason why your Majesty may not gratify the merchants in such manner as is therein desired. And we humbly offer that such a free importation may be further negotiated with the Minister of that Prince now residing at your Majesty's Court, by such methods as shal be judged most proper. This and the other foregoing propositions (to which we have nothing to object) may, we hope, in some measure ease the tobacco trade; otherwise 'tis to be feared that those Northern countries (formerly supplied by your Majesty's subjects with great quantities of tobacco) may in time be wholly furnished from another market: and experience has shewn that when the current of trade is once turned out of its channel, 'tis with great difficulty, if at all, brought back again. It has further been proposed that all tobacco used on board your Majesty's Royal Navy may be ship'd off from this Kingdom; that it be such tobacco as hath paid the full duty, and for that purpose that all Pursers in your Majesty's service be effectually restrained from furnishing the seamen with tobacco of foreign growth. As to this proposition, we observe that all Plantation tobacco imported into this Kingdom pays a duty to your Majesty of 6⅓d. per lb; that of late years the drawback has been denyed for tobacco exported in ships of war for the use of the seamen, by reason whereof the cheapness of foreign tobacco (which is bought at 5d. per lb. weight or under) has occasion'd a very great consumption of such foreign tobacco on board the Royal Navy, whereby 'tis plain your Majesty's revenue is lessned 5¾d. for every lb. weight of foreign tobacco so consumed, which for 390,000lb. weight of tobacco (as may be computed to be consumed yearly aboard the Navy at the rate of 1lb. weight per man a month, and supposing one half of what is consumed to be of foreign growth) do's lessen your Majesty's revenue 4,671l. 17s. 6d. yearly; such a restriction, as to foreign tobacco, will 'tis true lessen the present unreasonable gain of the Purser about one half, etc., which being in our opinion a sufficient profit to the Purser, without any hardship upon the seaman, and at the same time tending to the increase of that branch of your Majesty's revenue and of the tobacco trade, we see no reason why your Majesty may not gratify the merchants herein. Lastly 'tis proposed that a drawback be allowed on exportation of tobacco stalks manufactured in this Kingdom, which (when flatted and mixed with other tobacco) may be sold by our merchants at Riga, Revell, and other Northern markets as cheap as what is there sold by the Dutch. The great objection to this proposition is that the drawback upon stalks manufactured is of greater value than the commodity whereby the exporte will make to himself a considerable profit out of the public, tho the commodity so exported should be thrown overboard the minute the ship is out at sea, a practise that has been complained of in the case of another duty. But if, on the other hand, the home consumption of leaf tobacco will be greater, and thereby you Majesty's revenue increase in proportion to the drawback paid upon such exportation (as has been suggested then we conceive that objection is answer'd. Whether such an allowance of the drawback may by law be made, or how far it may effect your Majesty's Customs we shal not take upon us to determine, and do therefore only beg leave to offer our humble opinion that if a drawback may conveniently be allowed upon exportal tion of tobacco stalcks manufactured and mixed, it will (for the reason mentioned in the proposition) be the most effectual method for restoring the tobacco trade. [C.O. 5, 1362. pp. 239–247.]
July 2.1025. Capt. Ekines to the Council of Trade and Plantations Proposal to command a 4th rate man of war against the privateers of Martinico. See B. of T. Journal, July 3. Signed, Tho. Ekines Endorsed, Recd. Read July 3, 1707. 1½ pp. [C.O. 152, 7 No. 13.]
July 2.1026. William Penn to Wm. Popple. Pray let the Lords forgive me that I say I am not a little surprized that the Lords put me upon answering quærys that have been so fully answer'd so long agoe, at least those that are proper to the surrender. As for the 1st, 2nd and 3rd quæry, I gave in an estimate above four years ago with as exact an account of what I sold as I could do here; but I cannot comprehend how my gains by the land comes before that Board. They may be sure I never received ¼ of my charges, nor dos this relate to the Governmt., the sole thing in Treaty; and which was all the Crown gave me for making a Colony to it, having bought the land of the natives at dear rates The 4th quæry is answer'd very particularly in the Report made by the Board to the Lord High Treasurer, to which I refer. To the 5th and 6th quæry, I cannot be exact as to the charge, but it's what the Assembly of 1706 took care to supply for 3 years I ask 20,000l., of which 5,000l. to be paid there, and 15,000l. here which I propose to be paid 8 in money, and 7 in English copper with a patent for the coynage of it into small money, as pence half-pence and farthings for the Colonys in those parts, which they stand in need of. To the last Quærie, the Charters lye in yt. Office, which the Lords may peruse; but they were long considered by that Board, before their Report was made, and I am extreamly concerned yt. after almost 6 years attendance and the necessary great expense thereof, with a family in town that what has been done should be to be done over again, like a man that, being ready to enter his port, is blown back again to that he left: But I must submit, and therefore have sent this letter to thee, to be communicated to them with all respects. This had come sooner, but for being out of town and extraordinary business. I am Thy Assured Frd., Willm. Penn. Endorsed, Recd. Read July 2, 1707. 1½ pp. [C.O. 5, 1264. No. 9; and 5, 1292. pp. 10–12.]
July 3.
Whitehall.
1027. Wm. Popple, jr., to Wm. Lowndes. Moves for a report from the Commissioners of Customs upon the Acts relating to Ports in Virginia and Maryland. [C.O. 5, 1362. p. 252.]
July 3.
Whitehall.
1028. Mr. Graves to the Council of Trade and Plantations. Esq. Archdale, one of the Proprietors of Carolina, has related a very slender carrector of Capt. Holden to an acquaintance of mine, etc. Signed, Jon. Graves. Endorsed, Recd. Read July 3, 1707. Addressed. ¾ p. [C.O. 5, 1264. No. 10.]
July 3.1029. W. Popple, jr., to Mr. Attorney General. Encloses former reports upon Acts of Maryland etc. (See B. of T. Journal, July 3.) [C.O. 5, 726. p. 454.]
July 5.
Windsor Castle.
1030. (1) H.M. Commission to Walter Hamilton to be Lt. Gov. of Nevis. He is to observe the orders of Governor Parke during his residence upon his Government. Countersigned, Sunderland.
(2) H.M. Commission to Michael Lambert to be Lt. Gov. of St. Christophers. The above clause is omitted. 1 p. [C.O. 184, 1. No. 25; and 5, 210. pp. 37–39; and 153, 10. pp. 40, 41, 45, 46; and 152, 7. Nos. 18, 19.]
July 7.
Whitehall.
1031. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1031. i. Council of Trade and Plantations to the Queen. Refer to interviews with Capt. Richd. Jennings, Lawrence Crabb, and with Stephen Duport (B. of T. Journal, June 18—July 3), "who has a considerable estate in St. Christophers and who before the persecution in France had commanded several of the French King's ships, and is very knowing in those seas. They offer that the Leeward Islands, which are cheifly subsisted by provision ships from the Continent of America, are in a starving condition, owing to French privateers. The provisions, so taken by the French, serve not only to victual the French King's ships, but also to subsist the inhabitants of Martinico and Guardaloupe, without which it would be very difficult for them to maintain their settlements (see B. of T. Journal). And that this account is true, we are induced to beleive from papers lying in our Office. (Quoted. See C.S.P., 1703.) Since when the number of privateers has increased. In order to protect the said Islands, to destroy the French privateers, and distress Martinico and Guardaloup, they propose that four ships of war, good and nimble saylors, viz. two 4th rate and two 5th well man'd be sent to the Leeward Islands; that they be joyned there by two Bermuda-built sloops, to be fitted out from Barbados, and one or two the like sloops from the Leeward Islands; that the Commander in Chief of those ships have orders at large to cruize where he shall think fit, without being tied up to particular stations; by which means they may pursue the privateers where and when they think fit; that the foresaid sloops will be of particular use in getting intelligence and pursuing the privateers in shallow waters where the ships of war cannot go; that by this means the trade to the Islands would not only be secured, but in less than two years the privateering trade would be so interrupted that there would not be one privateer left in Martinico and Guardaloup; and that those Islands must in consequence be reduced to the greatest extremities, having little or no provision but what they take in our ships coming from the Continent of America. We, upon due consideration thereof, being sensible that it is absolutely necessary effectual care should be taken for the suppressing of those privateers, to secure our trade in those parts, do humbly represent that if your Majesty's other important affairs will admit of such a number of ships to be sent according to this proposal, we have reason to believe that the same will fully answer those ends. We further humbly offer that, in case your Majesty shall think fit, that such a number of ships be sent upon this service, that then your Majesty's Governors of Barbados and the Leeward Islands have timely notice thereof that such a number of sloops as is proposed may be set out by the said Islands, so as to be ready to attend your Majesty's ships upon their arrival there. [C.O. 153, 10. pp. 28–33.]
July 8.
Whitehall.
1032. The Earl of Sunderland to the Council of Trade and Plantations. Refers to letter of March 29. Encloses following, for your proposal for the obviating of this difficulty. Signed, Sunderland. Endorsed, Recd. Read July 8, 1707. 1 p. Enclosed,
1032. i. Mr. Attorney General to the Earl of Sunderland. I have acquainted Mr. Jory with what I humbly inform'd your Lordship, that I thought it necessary there should be two Commissions, one to be executed in Nevis, the other in St. Christophers for expedition. He seems to be of the same opinion, etc. Your Lordshp. will be pleased to consider whether some other Commrs. are not fit to be added to those recommended by the Memorial, these losses being to be satisfied out of the publick moneys, it may perhaps be expected that and indifferent and exact estimate should be taken and returned; should no other persons be added, I doubt it may be said the enquiry is committed to the parties themselves only who will be sure to do themselves justice, etc. Signed, Sim. Harcourt. Copy. ¾ p. [C.O. 152, 7. Nos. 16, 16.i.; and 153, 10. pp. 38, 39.]
July 8.
Whitehall.
1033. The Earl of Sunderland to the Council of Trade and Plantations. The enclosed petition having been laid before the Queen, you are to report the matter of ffact and what you think fitting to be done. Signed, Sunderland. Endorsed, Recd. Read July 11, 1707. 1 p. Enclosed,
1033. i. Richard Budge to the Queen. His ship, the Hope, having been illegally condemned in 1702 by Governor Cornbury, he appealed, and H.M. ordered Sir C. Hedges to give him a letter requiring Lord Cornbury to make satisfaction. Petitioner attended him for 8 months with said letter, but he only recommended him to apply to H.M. for ⅓rd. and to the informer for another (who yet denied that he had received any part). The cargo of logwood was sold directly after the condemnation of the ship, without attending the issue of the appeal. Petitioner is deprived of his whole substance, and prays for relief. Signed, Richard Budge. [C.O. 5, 1049. Nos. 40, 40.i.; and 5, 1121. pp. 79–82.]
July 8.
Whitehall.
1034. Council of Trade and Plantations to the Earl of Sunderland. Enclose Capt. R. Jennings' proposal of June 13. [C.O. 324, 9. p. 146.]
July 8.
Whitehall.
1035. Earl of Sunderland to the Council of Trade and Plantations. I desire you will let me have a copy of ye Act as lately passed in Jamaica for enabling Cary Bodle and others to sell lands etc., that I may send it to Mr. Attorney Generall for his opinion, etc. Signed, Sunderland. Endorsed, Recd. Read July 10, 1707. ¾ p. [C.O. 137, 7. No. 53; and 138, 12. p. 120.]
July 9.1036. List of names proposed by Col. Jory. See following. Endorsed, Recd. Read July 9, 1707. 1 p. [C.O. 152, 7. No. 17.]
July 10.
Whitehall.
1037. Council of Trade and Plantations to the Earl of Sunderland. We have considered the objection made by Mr. Attorney General to the Commissioners named for Nevis and St. Kitts (July 8), and do agree with him that those persons being all sufferers may be thought too much byassed in their own behalf; And therefore to obviate that objection which, if not removed, may be prejudicial to the inquiry when laid before the Parliament, we have consulted with Col. Jory, and with Mr. Duport, who has a considerable estate in St. Kitts. They have inform'd us that there are very few, if any, in the said Islands qualifyed for the execution of such a Trust but who are one way or other interested in the said losses; and therefore they have offered to us the following persons inhabiting Antego and Montserrat (Antego, Col. Edward Byam, Barry Tankard, George Gamble, Henry Sims and Valentine Morris; Mountserrat, Lt. Gov. Anthony Hodges, William Fry, George Milward, Wm. Gerrish and Joseph (?) Sims) or any three of them to be Commissioners for examining upon oath the 16 Commissioners named for Nevis and St. Kitts in relation to their own particular losses. We have no objection to them. But in regard the said Commissions are to be executed without any allowance, fee or reward whatsoever, and thereupon a doubt may arise whether the above-named Commissioners from Antego or Mountserrat will be at the charge of going to Nevis and St. Kitts, in such case Col. Jory and Mr. Duport propose that the Commissioners for Nevis and St. Kitts may transport themselves to Antego and Mountserrat and there make out their losses upon oath etc. Autograph signatures. 3 pp. [C.O. 184, 1. No. 26; and 153, 10. pp. 42–44; and 152, 39. No. 115.]
July 10.
Whitehall.
1038. Council of Trade and Plantations to the Earl of Sunderland. Enclose Act of Jamaica to enable Cary Bodle, etc. (cf. July 8). The only objection made to the said Act in our representation of June 9, is that it wanted a saving to the right of H.M., etc. If Mr. Attorney Generall shall be of opinion that such a saving is not necessary, wee have nothing to object why H.M. may not confirm the said Law. [C.O. 138, 12. pp. 121, 122.]
July 10.
Southwark.
1039. Mr. Cox to Mr. Popple. Recommends Laurence Crabb of Antegua to be of the Council, he having a good estate in the place, etc. Signed, Charles Cox. Endorsed, Recd. Read July 11, 1707. 1 p. [C.O. 152, 7. No. 20; and 153, 10. pp. 46, 47.]
July 11.
Whitehall.
1040. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1040. i. Council of Trade and Plantations to the Queen. There being two vacancies in the Council of Antego, by the death of Henry Pearn, and the absence of Charles Mathews in England, propose Mr. Crabb, as in preceding. [C.O. 153, 10. p. 48.]
July 11.
(N.S.) Fort Kyckoveral, Essequibo.
1041. Commandant Beeckman to the Dutch West India Company. Signed, Samuel Beeckman. Dutch. 20 pp. Enclosed, 1041. i.–xxxiv. Accounts, petitions, inventories, etc. Dutch. 85 pp. [C.O. 116, 20. Nos. 7, 7.i.–xxxiv.]
July 11.
Whitehall.
1042. Council of Trade and Plantations to the Lord High Treasurer. Enclose Office accounts from Lady Day to Midsummer, which, with those from Christmas to Lady Day, make 205l. 1s. 11d. See B. of T. Journal, July 11. [C.O. 389, 36. pp. 329–332.]
[July 11.]1043. Petty Expenses of the Board referred to above. 5 pp. [C.O. 388, 76. Nos, 22–25.]
July 11.
Whitehall.
1044. W. Popple, jr., to Mr. Solicitor General. Encloses, for his opinion in point of law, Act of New York, 1704, granting sundry privileges to the Rector and inhabitants of the City of New York, of the Communion of the Church of England, etc. [C.O. 5, 1121. pp. 78, 79.]
July 11.
Whitehall.
1045. The Earl of Sunderland to the Council of Trade and Plantations. Application having been made in behalf of Col. Hunter that whereas from the death of Major Nott to his succeeding him in the Government of Virginia, one moiety of the Governor's salary has been paid to the President of the Council there as usual, the other may be paid to Col. Hunter. I desire your opinion, to be laid before H.M. Signed, Sunderland. Endorsed, Recd. Read July 14, 1707. 1 p. [C.O. 5, 1315. No. 67; and 5, 1362. p. 252.]
July 12.1046. Mr. Attorney General to the Earl of Sunderland. I have perused an Act passed in Jamaica to enable Cary Bodle and others to sell lands etc., and am humbly of opinion that Act is not fit to be confirmed. The Act recites that King Charles II granted two parcells of land, containing 1,100 acres and 400 acres, to Dorothy Bannister and her heirs for ever, and that Dorothy Bannister convey'd the same to Dorothey Waite and her heirs for ever, and that Dorothy Waite afterwards marryed with Theodore Cary. The Act likewise recites that King Charles II granted 500 acres of land to Theodore Cary and his heyrs, and that Theodore Cary dyed without heyrs, and that King James II by his letters patents of escheat, Jan. 14th in the 4th year of his reign, granted to Dorothy Cary and John Bodle and their heires the said 500 acres. The Act likewise recites that John Bodle intermarryed with Elizabeth the granddaughter of the said Dorothy Cary, and had issue by her, Cary, John and Thomas, and that Dorothy Cary by her will gave to John and Thomas 600l. each at their ages of 21, and all the rest of her estate, lands, tenements, etc. to Cary Bodle for his life, and to the heirs of his body lawfully to be begotten, with such remainders over in fault of issue of Cary as in ye will are mentioned. The Act likewise recites that John Bodle, the Father of the said Theodore, had contracted great debts in endevouring to improve the estate, and that Cary Bodle by reason of the entayle in Dorothy's will, could not sell without an Act of the Assembly for that purpose. And thereupon trustees are appointed to sell 1,100, 400 and 500 acres, and the purchasers are by the Act secured in the enjoyment thereof. This Act I take to be lyable to the following objections. (1) The 500 acres are recited to have been escheated to the Crown, on the death of Theodore Cary without heyr, and the grant thereof by King James is mentioned to be after his abdication, viz. on Jan. 14th in the 4th year of his reign; if no sufficient grant has been made since the escheat, the title remains still in H.M. (2) Supposing Dorothy Cary to have a good title, and the three severall parcells well devised by her will, yet I see no necessity for an Act of Assembly to enable Cary Bodle to sell, for though the first words in her will devised the estate to him during his life only, yet the immediate following words (and to the heyrs of his body lawfully to be begotten) inlarge his estate, and make him tenant in tayle, and consequently he has a power to sell without the aid of an Act. (3) I conceive the want of a saving clause in this Act to be a further objection against H.M. approving the same. Signed, Sim. Harcourt. Endorsed, Recd. Read July 28th, 1707. Copy. 3 pp. [C.O. 137, 7. No. 54; and 138, 12. pp. 126–129.]
July 16.
Whitehall.
1047. Council of Trade and Plantations to the Earl of Sunderland. Reply to July 11. Quote procedure in cases of former Governors of Virginia, upon Governor Hunter's application regarding his salary. Conclude: We are of opinion that the Governor's salary shou'd not commence till the publication of his Commission upon his arrival within his Governmt., for if it was to commence from the death of his predecessor or the date of his Commission, he might loyter here in England to the prejudice of the Colony and of H.M. service. This therefore appears to us to have been done for the quick'ning the Governor's departure from hence. Shou'd H.M. gratify Col. Hunter in this [h]is request, we doubt not but it will be urged as a precedent in the like cases by future Governors in this and all other H.M. Plantations, which may prove of ill consequence to H.M. service, particularly in the delay of such Governor's repairing to his government: it being reasonable to think that any Governor will be glad as long as he can to avoid the expence and charge of living there, if his salary shal run on while he continues in England. One moiety of the Governor's salary for that Colony from Aug. 23, 1706–1707, which is sooner than the present Governor can in probability arrive there, does amount to 1,000l. [C.O. 5, 1362. pp. 253–255.]
July 19.1048. Mr. Attorney General to the Earl of Sunderland. Describes the Commissions prepared for the enquiry into the losses at St. Kitts and Nevis etc. These Commissions being to be executed without any charge to the Crowne, it is scarce practicable to put it into a better method than your Lordship has commanded, but I wish the Publick may not pay dear for this good husbandry. It seems very reasonable to beleive that these Commissioners neither having, or expecting to have any reward from the Crowne, and being some of them fellow-sufferers, and others near neighbours to them, the losses will be estimated as high as may be, what they may amount to, I can't forsee, but the petition to the House of Commons mentions 500,000l. at least. Proposes that a Secretary be nominated for each Commission. Signed, Sim. Harcourt. 2 pp. [C.O. 152, 39. No. 114.]
July 19.
Whitehall.
1049. W. Popple, jr., to Wm. Penn. The Council of Trade and Plantations send you reasons offered by Mr. Wilcox against an Act passed in Pensylvania directing the qualifications of magistrates, etc., as also the dates of the Charters granted by you to the City of Philadelphia, and People of Pensylvania. They further desire you will let them have your particular answers to the several Queries transmitted to you May 12th last, to the end there may be no delay in the dispatch of your affair. [C.O. 5, 1292. pp. 12, 13.]
July 20.
New York.
1050. Governor Lord Cornbury to the Council of Trade and Plantations. I trouble your Lordshipps with these few lines only to enclose an Address to her Most Sacred Majesty, the Queen, etc.; this would have been done sooner, but for the difficulty of getting all the Members of the Councill together, we therefore hope we shall not be thought negligent of our duty. Encloses duplicate of letter of June 7, etc. In March last I sent copys of all the proceedings in the Assemblys of this Province since my coming hither, and of all the Minutes of Councill till Mr. Clarke came to be Secretary, and some since that time, I hope the rest will be ready in a short time, I hope to send them by the next ships, which will sail in about three weeks' time. I have nothing new to acquaint your Lordshipps with relating to this Province, only that two privatiers, one from Placentia, and the other from Petit Guaves, have been upon this coast, the first was an English pacquet boat called the Queen Ann, she was taken in the West Indies, and was made a privatier. I had notice some privatiers threatned our coast, I therefore ordered Capt. Davis with H.M.S. Triton's prize to cruise between the Capes of De La Ware, and the East end of Long Island, before he could get ready, I went to the Jerseys; after I was gone he applyed himself to the Gentlemen of the Councill for some men that he wanted, they considering that it was the season of the year for vessels to come in, and fearing delays might be dangerous, they gave an order to Capt. Mathews to send a Lieutenant and 20 men of this garrison on board the Triton's prize, which was done, and immediatly he went to sea, and that night he saw the privatier, gave her chase all night, and at 5 of the clock in the morning he came alongside of her, and poured in his broadside, the first voley of small shot the privatier made Capt. Davis was shot in the neck, two souldiers and two sailors were killed, and five more wounded, of which one sailor is since dead and one souldier will dye, the privatier had 14 guns and 180 men, and fought very stoutly, but Capt. Davis plyed him soe warmly that the privatier was forced to run, the Triton's prize chased her till night, that the wind dying away, the privatier took to her oars and soe got away. Capt. Davis behaved himself as bravely and as well as any man in the world could doe, having lost sight of the privatier, he came into Sandyhook, and sent up the wounded men, and the Gentlemen of the Councill sent him downe some sailors they had caused to be pressed, the next day he put to sea again, but had not the luck to meet with the privatier, in few days the time of his cruise being expired he came into Sandyhook and himself came up to towne to acquaint me with what had hapned in his cruise, two or three days afterwards I received a letter from Col. Seymour, Governor of Maryland, and another from Col. Jenings, President of the Councill of Virginia, to acquaint me that a French Privatier lay cruising off of the Capes of Virginia, and had taken 7 vessels bound in thither from England and other places; that one of the prizes had ransomed and acquainted them with it, that they had noe man of warr in their Governments, and desired I would send one of the men of warr here to cruise upon their coast. I send for Capt. Davis, and asked him how soon he could be ready to sail, he told me in two days, and the second day he did sail, and 70 leagues off the Capes of Virginia he retook a Virginia ship, which had been taken 4 days before by a smal privatier of 4 guns and 70 men, he brought the retaken ship into Sandyhook, sent her up hither, and is gone to sea again in hopes to meet with the privatier. This is all I can acquaint your Lordshipps with at present. I have not had the honour of a line from your Lordshipps these many months. Signed, Cornbury. Endorsed, Recd. Jan. 27, Read Feb. 12, 1707/8. Holograph. 2 pp. [C.O. 5, 1049. No. 45; and 5, 1121. pp. 113–116.]
July 20.
Windsor Castle.
1051. The Queen to Governor Parke. You are to appoint Col. Daniel Smith to the first Lieut. Governorship in the Leeward Islands that falls vacant, etc. Countersigned, Sunderland. [C.O. 5, 210. pp. 40, 41.]
July 21.
Windsor.
1052. Order of Queen in Council Confirming 7 Acts of Jamaica. Signed, John Povey. Endorsed, Recd. Read July 28, 1707. 3 pp. [C.O. 137, 7. No. 55; and 138, 12. pp. 130–133.]
July 21.
Windsor.
1053. Order of Queen in Council. Repealing Act of Jamaica enabling Cary Bodle, etc. Signed and endorsed as preceding. 1¼ pp. [C.O. 137, 7. No. 56; and 138, 12. pp. 133, 134.]
July 21.
Windsor.
1054. Order of Queen in Council. Approving representation of June 9, concerning Act of Jamaica for additional subsistence, etc., and directing accordingly. Set out, Acts of Privy Council, II. p. 527. Signed, William Blathwayt. Endorsed as preceding. 2 pp. [C.O. 137, 7. No. 57; and 138, 12. pp. 135–137.]
July 21.
Whitehall.
1055. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1055. i. Council of Trade and Plantations to the Queen. Report upon petition of T. Barrow (June 23). Quote Governor Handasyd, Jan. 29. As this is a general charge without any proof; as there is nothing alledged against him in relation to his behaviour as a practitioner in the Law, and as on the other hand, we have a very good character of Barrow from Sir G. Heathcote, one of the Agents for that Island, and from Col. Laws, who was many years Chief Justice there, we humbly conceive that he ought not to be restrained from the practice of the Law in that Island, to which having bin once admitted by the Courts there, he has an undoubted right, and ought to enjoy the same till convicted of such misbehaviour as shall amount to a forfeiture of such right And therefore we humbly offer to your Majesty that your royal pleasure be signified to Col. Handasyd to permitt Barrow upon due application made, to practice as an Attorney at Law in all your Majesty's Courts in that Island, he behaving himself peaceably and with a respectfull deportment to your Majesty's Governor and to the Courts there. [C.O. 138, 12. pp. 122–126.]
July 21.
Whitehall.
1056. Council of Trade and Plantations to the Earl of Sunderland. Having prepared a representation to be laid before H.M. in Councill upon an Act lately past in Barbadoes for remedying the inconveniencies arisen by the Act for establishing of paper bills, and it being of very great moment to the Planters there, and to the merchants here, who have been sufferers by the said bills, that this Act be as soon as possible confirmed by H.M., We desire your Lordship that the enclosed representation may be laid before H.M. as soon as may be for H.M. directions thereupon. Annexed,
1056. i. Council of Trade and Plantations to the Queen. Report on Act of Barbados past Aprill 25, 1707, to ascertain the payment of such bills as have been issued pursuant to a late Act to supply the want of cash, etc. This Act is in pursuance of your Majestie's letter of Nov. 8 last. Its purport is for appointing Commissioners to take an account and to discharge and pay off such bills as were issued by the former repealed Act. Having thereupon consulted the merchants and others concerned in that Island, who have been sufferers by the said bills, they unanimously agree with us that the said Act, if confirmed by your Majesty, will in a great measure remedy the inconveniencies complained of, Wherefore we humbly offer that your Majesty be pleased to declare your royal approbation of the said Act, and that the signification of your Majesty's pleasure herein be dispatch'd to Barbadoes by the first opportunity that shall offer. [C.O. 29, 11. pp. 81–84.]
July 22.
Whitehall.
1057. The Earl of Sunderland to the Council of Trade and Plantations. I desire you will think of two persons to act as Secretaries to the Commissions of Nevis and St. Christophers, and of suitable salaries to be allowed them. Signed, Sunderland. Endorsed, Recd. Read July 23, 1707. 1 p. [C.O. 152, 7. No. 21; and 153, 10. p. 49.]
July 23.1058. Mr. Attorney General to the Earl of Sunderland. I have prepared a clause for each Commission for enquiring into the losses at Nevis and St. Kitts to appoint Secretaries. I submit whether it may not be more proper to appoint their rewards by Privy Seal, or some other way then in the Commission. The Commissioners may possibly expect a Salary when they see their Secretary has one, or think themselves neglected, etc. Signed, Sim. Harcourt. 1 p. [C.O. 152, 39. No. 116.]
July 23.
Customehouse, London.
1059. Commissioners of the Customs to the Lord High Treasurer. Report upon an Act of Virginia relating to the admeasuremt. of ships. As the duty is to be computed according to the admeasurement of the ships' tonnage, and not the contents of her lading, wee can by no meanes agree that this admeasurement should be equall to the quantity of goods brought home, and be a stated rule to pay by, as is proposed by these merchants, which would be very erroneous, from their owne acknowledgemt. that a ship measuring 472 tunns by this clause will load no more then 225 tunns of tobacco in hhds., which are enlarged in size and weight near double to what they formerly were. But wee are humbly of opinion, with some of the Members of Trinity House, with whom wee have consulted, that the shipwright's is the most equitable rule for ascertaining the tonnage of mercht. shipps, since (as they say) the purchasers of them allways agree, and willingly pay according to it. Shipwright's rule described. Signed, T. Newport, T. Hall, Sam. Clarke, M. Dudley. Endorsed, Recd. July 29, Read Oct. 20, 1707. 1 p. Enclosed,
1059. i. Clause from an Act of Virginia for the support of the Government, 1706. 1 p.
1059. ii. W. Popple to W. Lowndes, May 14, 1707. Copy. 1 p.
1059. iii. Virginia Merchants and Shippers to the Council of Trade and Plantations. Copy. 2¼ pp.
1059. iv. Same to the Commissioners of Customs. June 13, 1707. 1 p. [C.O. 5, 1315. Nos. 71, 71.i.–iv.; and (without enclosures) 5, 1362. pp. 261, 262.]
July 24.
Whitehall.
1060. Council of Trade and Plantations to the Earl of Sunderland. Propose Christopher Rhodes and Nathaniel Estwick to be Secretaries of the Commissions of Enquiry at Nevis and St. Kitts, with Salaries of 250l. sterl. each, for necessaries for incident charges, and an advance of 100l. each for necessaries for their voyage. We desire your Lordship will procure an order for their accommodation on board the packet-boat, etc. [C.O. 153, 10. pp. 50, 51.]
July 26.
Windsor Castle.
1061. H.M. Warrant for admitting Lawrence Crabb to the Council of Antegoa. Countersigned, Sunderland. 1 p. [C.O. 7, 1. No. 17; and 5, 210. p. 41.]
July 26.
Windsor Castle.
1062. H.M. Warrant appointing Thomas Hodges Attorney General of Barbados, with a proviso obliging him to actual residence there, and to execute the said office in his own person, etc. Countersigned Sunderland [C.O. 5. 210. p. 42.]
July 27.
Windsor Castle.
1063. (1) H.M. Commission to Col. John Garnet, Col. Stephen Payne, Capt. Henry Burrell, Capt. John Barryan, Capt. John Gallard, Capt. Robt. Davis, Capt. John Panton, John Hackshaw, to inquire into the losses sustained by the inhabitants of St. Kitts from the French, other than such losses as have been sustained by any of the said Commissioners, which are to be enquired into by Col. Edward Byam, Barry Tankard, George Gamble, Henry Sims, Valentine Morris, Col. Anthony Hodges, Col. Wm. Fry, George Milward, Wm. Gerrish and John Sims. Nathaniel Estwick is appointed Secretary to the Commission. Countersigned, Sunderland.
(2) Similar Commission to Col. Daniel Smith, Col. Richard Abbot, Col. Thomas Butler, Thomas Minor, John Huffam, Joseph Symonds, Thomas Colgrave and Samuel Brown, to enquire into the losses at Nevis: their own losses to be enquired into by Col. Byam etc. as in preceding. Christopher Rhodes is appointed Secretary to the Commission. Countersigned, Sunderland.
(3) Instructions of Messrs. Estwick and Rhodes as above. They are to receive no fee whatever beyond the salary allowed them by H.M. Signed, A. R. The whole endorsed, Recd. Read Aug. 4, 1707. 6 pp. [C.O. 239, 1. Nos. 20, 21; and 152, 7. No. 22; and 5, 210. pp. 43–54.]
July 28.
Windsor.
1064. Order of Queen in Council. Confirming Law of Barbados to ascertain the payment of bills, etc. Signed, John Povey. Endorsed, Recd. 9th, Read Aug. 14, 1707. 2 pp. [C.O. 28, 10. No. 30; and 29, 11. pp. 92–94.]
July 28.1065. Clerks of the Board to the Council of Trade and Plantations. A lively sense of our continued disappointments; the smalness of our salaries; the great taxes and fees deducted from the same when paid; few or no perquisites accruing to us, as in other offices, etc., together with one whole year's arrear due to us from his late Majesty King William; and our salary due at Midsummer last likewise one other year in arrear, obliges us to pray your Lordships to interpose with the Lord High Treasurer for our immediate relief and quarterly payment for the future, etc. 10 signatures, two of which are deleted. 1 p. [C.O. 388, 76. No. 26.]
July 28.
Whitehall.
1066. Council of Trade and Plantations to the Lord High Treasurer. Enclose and recommend preceding petition. The whole time of the under-officers is taken up in the service of this Board; there are no fees of proffit attached to their imployments; the fees and taxes paid out of their salaries are considerable; for want of their salaries severall of them have been obliged to run into debt, and their creditors being now out of patience threaten them with the utmost severity of the Law. [C.O. 389, 36. pp. 332, 333.]
July 28.
Whitehall.
1067. Council of Trade and Plantations to Lord Sunderland. Enclose draught of letter to Governor Handasyd (see July 21 and Aug. 2) relating to the Act for providing an additional subsistance, etc., which your Lordship will please to lay before H.M. at the first opportunity. Upon this occasion we desire of your Lordship that when anything is ordered by H.M. which relates to the business of this Board we may from time to time be acquainted therewith, and that the dates of H.M. signatures of such letters as shall be prepared by us for that purpose may be transmitted to us in order to have the same entred in our books. [C.O. 138, 12. pp. 137–140.]
July 29.
Whitehall.
1068. Council of Trade and Plantations to the Earl of Sunderland. Enclose following Report, which being as we conceive of great importance to H.M. service in New York, we desire it may be laid before H.M. at the first convenient opportunity.
1068. i. Council of Trade and Plantations to the Queen. Having under our consideration such laws passed in New York as have not yet been confirmed or repealed, we beg leave for the present to lay before your Majesty two of the said Acts, which in our opinion ought in the first place to receive your royal pleasure, (i.) for vacating several extravagant grants of land made by Governor Benjamin Fletcher, etc. and (ii.) for the repealing several Acts of Assembly, and declaring other Ordinances published as Acts of Assembly to be void. Upon the Earl of Bellomont's arrival in that Province he met with great difficulties by reason of several undue practices introduced there by the said preceeding Governor, and particularly in relation to extravagant grants of land, whereof the Earl of Bellomont was informed by a Memorial from the then Attorney General of New York. Refer to Representation. of Oct. 19, 1698, and Order of the Lords Justices, Nov. 10, 1698. Upon the receipt of which, Lord Bellomont passed the first mentioned Act (1699) annulling 8 extravagant grants of land (enumerated). Besides the 8 foregoing grants so vacated, there' do still remain in force several other exorbitant grants, with the particulars whereof we shal forbear to trouble your Majesty till such time as it shal be judged proper by your Majesty to have the like method taken for vacating and annulling the said remaining grants, by an Act to be passed in that Province, which however, from the reasons given by the Earl of Bellomont, we do apprehend may prove a work of great difficulty. The aforesaid Act for vacating Col. Fletcher's grants having been transmitted hither, objections were made against confirming it, in substance as follows:—"That such proceedings wou'd render the properties of all lands uncertain and precarious. That the Lords Justices' Instructions being to break the grants by legal means the word legal must relate to the Law in being. That therefore these Instructions can only mean to vacate the grants by a proceeding in the ordinary course of justice. That the lands of Dellius and Bayard were by the grantees purchased of the Indians, and afterwards grants were taken of them from the Crown under smal quit-rents by way of acknowledgment to fix the tenure and soveraignty of them in the Crown; so that as to these lands, the Revenues are not diminished by the said grants, but the territories and dominions of the Crown are enlarged. That if leases and conveyances were made of any of the land thus granted, the particular persons therein concern'd would suffer unjustly. Nobody would lend money upon a mortgage of any of these lands, or make improvements under these grants, or accept any long leases or conveyances upon them, nor accept them upon settlements in marriage etc. That supposing the grants are extravagant, they ought not therefore to be annulled, but rather retrenched, and brought to reasonable limits. That if the power of revoking grants be left to a Governor, Council and Assembly, the Governor may have the choice of so many of the Council, and have such an influence in having his own creatures returned to be of the Assembly, that he may at any time act arbitrarily and unjustly in such revocations. That in this case no redress being to be had, otherwise than by complaining to the Crown of such undue elections, and the matter being to be proved by witnesses to be produced here, it will be so chargeable that few or none will venture upon a thing of that nature, so that justice will very hardly be obtain'd. That his late Majesty having solemnly declared, under his great seal, that grants made by his Governors, with the advice of the Council, should be good and effectual against H.M., his heirs and successors etc., it would lessen the royal credit." To all which Mr. Champante, then Agent for New York, did reply. "That the Assembly being according to the Constitution of the Province, their passing the Act which repeals the grants is pursuant to the Lords Justices' Instructions, which intended a proceeding by the legislative power, by the words made use of viz. breaking, annulling. That Dellius' and Bayard's grants were surreptitiously obtain'd, the proprietors being then out against the French, and not above six or eight being privy to the transaction, besides that those few were made drunk, and a vast tract of land obtain'd for a very little purchase. Upon my Lord Bellomont's entring on that Government, and his Lordship's citation of the persons therein concern'd, two of the Patentees of the Mohacqs' lands surrendered their part of the said grant, declaring that their meaning was, that the land should solely and wholly be kept by them in trust for the benefit of the Mohack Indians. That the Indians themselves did, by a public Address to the then Commander in Chief and Council there, thank his late Majesty for restoring to them their land. That if Dellius's grant be not revoked, the neighbouring Indians will be constrained to desert and fly to the French. That, in cases of this nature, particular claims may afterwards be provided for. That the demesnes of the royal forts at New York, viz. the lease made to the Church of the King's farm, which used to supply the Governors with corn; the meadow passed away to Capt. Evans, and part of the King's Garden to Col. Heathcote, are extravagant, tho not in extent, yet in their nature. That there is not a Christian inhabitant on either of Mr. Dellius's grants, neither that whereof he was sole grantee, nor on the other wherein Schuyler and others were partners with him, viz., the Mohack's land; and the other grants are liable to as great or greater exceptions." A strong argument urged for vacating these grants is, that great quantities of masts and other timber fit for naval stores grow upon the lands thus granted away, which cannot be regain'd to the benefit of the Crown till the grants are vacated. Annex Sir John Hawles' Report and the exceptions taken thereunto by Mr. Champante. Thus the matter stood till the Lord Cornbury's arrival in that Province, when an Assembly was called, and the foresaid Act was passed, for repealing several Acts of Assembly etc. (1702). This Act repeals 3 Acts which were passed by the Earl of Bellomont. (i.) An Act for regulating elections for Representatives in General Assembly, etc., which Act was confirmed by his late Majesty Sept. 5, 1700, and appears to us to be a good Law, and ought not to have been repealed by the Assembly there, without your Majesty's leave first had. (ii.) An Act to prevent vexatious suits, and settling and quieting the minds of H.M. subjects within this Province, and (iii.) the formentioned Act for vacating several extravagant grants, etc. And by general words, the said Act repeals all Acts past at an Assembly held there from Aug. 19, 1701, to Oct. 18 following; And in due time we shal lay before your Majesty such of them as we conceive may be fit and proper for your Majesty's royal confirmation. The reasons given for the repealing the foresaid Acts are set forth in the preamble of the said Act of Repeal as follows, viz. "That several Acts and Laws have lately been passed in this Colony, with plausible and colourable titles and pretences, some of them incongruous and unjust in themselves, others to obtain private and sinister ends under the cloak of public good, many pretended Acts as Laws by persons unqualified by right or law to sit, or act in the Legislative power, and by several as were not the choice of the people, and all of them instead of being for the profit and advantage of the subject as they ought to be, have been and proved to the destruction of property, the confining and enervating of liberty, ruinous to Trade, to the impoverishing of the people, a discouragement to industry, and hurtfull to the settlement and prosperity of the Colony." The Lord Cornbury has not given us any particular instances or proofs to make good the foresaid general allegations, several of which seem to be of an extraordinary nature, particularly those relating to the undue elections and disability of several Members who constituted the Assembly as therein mentioned. But on the contrary, such of the so repealed Acts as have hitherto been under our consideration, appearing to us to be for your Majesty's service and the good of that Province, we are humbly of opinion that your Majesty be pleased to signify your disapprobation of the foresaid Act repealing several Acts, etc. As to the Act for vacating several extravagant grants, etc., we are humbly of opinion that such exorbitant grants as are therein mentioned are highly prejudicial to that Province, wherein we are confirmed by letters from the Lord Cornbury, complaining of the said grants, and declaring that for some time he refused to pass the above-mentioned Act of Repeal, whereby the foresaid vacating Act is among others repealed, till he was induced thereunto by the Assembly's having at the same time passed the Mony Bill, in that letter mentioned. And we do therefore concur with the late Commissioners of Trade and Plantations in their annex'd Representation, that it is absolutely necessary the said grants be vacated; but that an allowance be nevertheless made by way of regrant to every such grantee of a suitable number of acres, not exceeding 2,000, to any one person under a yearly quit rent of 2s. 6d. for every 100 acres, with a covenant to plant, settle and effectually cultivate at least 3 acres of land for every 50 acres so taken up within 3 years at the farthest, upon forfeiture of every such grant. If your Majesty shal think fit to approve thereof, then we further propose, for the more convenient and equal setting out such lands, that the Governor, Lieutenant Governor, Collector, Secretary and Surveyor General of that Province for the time being (the Surveyor General always to be one), or any three or more of them, be impowered to set out the lands so to be regranted, they having regard to the profitable and unprofitable acres, so that each grantee may have a proportionate number of one sort and t'other, as was done upon the planting and settling your Majesty's Kingdom of Ireland. And that the production of naval stores in those parts may not receive any impediment by such grants, we further humbly offer, that in all new patents the grantees be restrained, under the penalty of forfeiting their patent, from burning the woods to clear the land, and that there be a particular reservation of all trees of the diameter of 24 in. and upwards, at 12 in. from the ground, for masts for your Majesty's Royal Navy, as also of such other trees as may be fit to make plank, knees etc. for the use of your Majesty's said Navy. And in order thereunto we humbly offer that your Majesty be pleased to approve and confirm the said Act for vacating Coll. Flether's extravagant grants. [C.O. 5, 1121. pp. 83–98.]
July 29.
Whitehall.
1069. Council of Trade and Plantations to the Earl of Sunderland. Having this morning received a letter from Governor Crow of June 5, wherein he complains of the great distractions he found the Island in at his arrival occasioned by the late Paper Act, and takes notice to us that it is H.M. pleasure Mr. John Holder should be a Member of the Councill notwithstanding the complaints that have been made against him, as one of the chief promoters of that Paper Act; and wee not being informed how that matter stands, desire your Lordship will be pleased to let us know, whether there has been any such signification of H.M. pleasure, without which wee cannot make an answer to that part of the Governor's said letter, which we think necessary to be done by the first opportunity, nor can wee, as occasion may require, make a just representation to H.M. upon the state of the Councill there, particularly in relation to the said Holder, who was at first irregularly admitted into the Council by Sir B. Granville the morning he left that Island, contrary to his express Instructions, and has been notoriously active in promoting ye late disorders there, as is set forth in our representation to H.M. of May 28. [C.O. 29, 11. pp. 89, 90.]
July 29.
Whitehall.
1070. W. Popple, jr., to Wm. Lowndes. Encloses copy of Mr. Bridger's letter, Jan. 5, 1707, to be laid before the Lord High Treasurer. [C.O. 5, 912. p. 385.]
July 30.
Barbados.
1071. Governor Crowe to the Council of Trade and Plantations. By the packet boat that arrived here on last Sunday I had the honour of your Lordships' of May 9, and congratulate your Lordships on H.M. gracious choice of such experienced Members of that Board, etc. By H.M.S. Crowne (who I hope may be in England before this letter) I send the papers you desire, wth. an exact acct. of what has past in the short time I have been here, etc. I have appointed Fryday next to publish the Union Act with what solemnity this poore place is capeable off. The 60 days for the convoy's stay here expires to-morrow, but by reason of the Paper Credit, and the difficulty of shipping sugars from the wharfs (which by the carelessness of an unthinking people are almost destroyed by banks of sand, soe that the cask can only now be put into the boats at high water). it will be impossible that the merchant ships should be fully loaden in less than ten days more. I shall hasten them all I can, they have only two men of war for to protect them, wch. indeed is but a slender convoy, for soe many valuable ships. I shall order the Lynn to see them so far as the latitude 19 or 20, for fear of the Martineco privateers. Capt. Hayward in the Deale Castle went downe with Commodore Wager to clean at Antego, and is not yet returned. H.M. aditional Instructions investing the eldest Councellor wth. ye powers of Commander in Cheif in case of my death or absence, shall be duely entred at the next Meeting of the Councill, the frequency of wch. and other indispensible dutys in rectifying so many unaccountable errors in this distracted Government has much impair'd my health. We have had a Generall Distemper within these two months that few, or none, has been free from, but blessed be God, not very mortall, although fatall to severall of my Domesticks. Signed, M. Crowe. Endorsed, Recd. 8th, Read Oct. 22, 1707. Holograph. 2 pp. [C.O. 28, 10. Nos. 38, and (duplicate) 38.i.; and 29, 11. pp. 115–118.]
July 31.1072. Attorney General to the Council of Trade and Plantations. Report upon the Act of Maryland relating to Ordinary Licences, etc, (See May 16, etc.) There is not any salary granted by the Letters Patents constituting Sir T. Laurence Secretary, nor any express mention that the Ordinary licences, or any other matter, in particular, is granted to the Secretary, but the patent contains a grant of the office, with all rights, privileges, profits, perquisites and advantages to the said office belonging, incident or appertaining, and in such manner and form as any Secretary of any of their (late) Majestys' Provinces in America, for or by reason of the exercise of such office might lawfully have or enjoy. Under the general words of which patent, I conceive, Sir Th. Laurence, as Secretary of Maryland, ought to have the benefit of the Ordinary licences, the same having been usually enjoy'd as perquisites of that office, under the Government of the Lord Baltimore, the late proprietor thereof, until his late Majesty, with the consent of the Lord Baltimore, thought fit to take that Government under his immediate care and protection; but by the Act of Assembly for Regulating of Ordinaries (1704) (which is to continue from the making thereof, for 3 years, and from thence to the end of the next Assembly) the benefit of the Ordinary licences are taken away from the Secretary and apply'd in ease of the public charge of each County in which such Ordinary-keepers live. This Act is the second attempt of this kind that has been made since the resuming the Government of this Province by the Crown. The first Act whereby this perquisite of the Secretary's office was taken away, pass'd at an Assembly, 1692, under the Government of Col. Copley, by which Act the benefit of the Ordinary licences was granted to Coll. Copley himself, and that Act was dissallowed, March 2, 1692, and H.M. in Council was then pleased to order that Sir T. Laurence should enjoy the full benefit of his Office, according to the said letters patent. In obedience to which Order, several temporary Acts of Assembly, from 3 years to 3 years, have since pass'd, whereby the profits of the Ordinary licences, during the continuance of those Acts, were given to the Secretary, by virtue whereof Sir T. Laurence enjoy'd the same, but the last of those Acts being expired, the Act of Assembly, now under your Lordships' consideration, pass'd in Oct., 1704, whereby the profits of those licences are appropriated to defray the charge of the publick. And I am humbly of opinion that the last mention'd Act of Assembly is derogatory to H.M. prerogative, in takeing away from the Secretary, who is a Patent-Officer of the Crown, the just perquisites of his office, without any previous Order from H.M. for that purpose, and that 'twill be for H.M. service that this Law should be disallow'd as soon as conveniently may be, especially since the like Act hath been once already disapproved in Council and disallow'd. This Act will continue in force till H.M. declares her dissent thereto, and signifies the same to the Governor, before which time the Act will be very near expired, and I apprehend no manner of inconvenience by there being any small interval of time between the determination of this Act, and the Meeting of the next Assembly. And I am also of opinion that the granting of licences by the Justices of each County to such persons as they think proper for keeping Ordinaries, having been found for many years to be of great convenience, there seems to be no reason why the said Act should be made temporary, from 3 years to 3 years only; wherefore I conceive, if your Lordships shall think fit to represent your opinion to H.M., that this Law should be disallowed, it may be also proper for your Lordships to represent to H.M. that it may be for H.M. service, that at the next Assembly, the Act concerning Ordinaries might be made perpetual, or at least for a much longer duration than it has hitherto been made, and the benefit of the licences appropriated for the use of the Secretary for the time being, as fully, to all intents and purposes as the said Sir T. Laurence, or any other Secretary of that Province, has at any time heretofore held or enjoy'd the same, which will not only be some satisfaction to Sir T. Laurence for the damage he has sustain'd by this last Act of Assembly, but will be a certain establishment for the Secretary of that Province, whereby his office will be render'd less precarious and dependent upon the inhabitants of that Province than at present it is. I think it my duty to observe to your Lordships that Sir T. Laurence's patent was actually determin'd upon the demise of the late King, and that his enjoyment of the said Office for so many years since, without any patent from H.M., is not warrantable by Law, by virtue of the Proclamation on H.M. Accession to the Throne; such a Proclamation upon any Prince's Accession to the Throne has usually issued, and been thought justifiable in respect of the necessity of continuing the Commissions then in being on foot, in that manner, till there might be a proper and convenient opportunity to settle and issue new Commissions in a regular manner, but 'twas never yet thought that such a Proclamation could continue in force during the life of any King or Queen by whom such Proclamation was issued, unless their pleasure to the contrary should be declar'd. I humbly signify this to your Lordships, in regard there may be many other cases in the Plantations of this nature. Sir T. Laurence seems to have a more reasonable excuse for not renewing his patent than other officers in the like case, in regard to the interruption he has had in receiving the benefit thereof: but he declares to me he is applying for H.M. favour for renewing his patent. Signed, Sim. Harcourt. Endorsed, Recd. Aug. 5, Read Oct. 21, 1707. 2 pp. Enclosed,
1072. i. Duplicate of No. 929.
1072. ii. List of papers relating to Sir T. Laurence's complaint. 1¾ pp. [C.O. 5, 716. Nos. 31, 31.i., ii.; and (without enclosures) 5, 726. pp. 476–481.]
July 31.
Whitehall.
1073. Council of Trade and Plantations to Governor Handasyd. Since our letter of June 26, we have received information from good hands that there are two privateers belonging to Jamaica which lye concealed on the Spanish coast and there intercept the Spanish canoes as they come from trading with our ships, and take from them the goods they have bought of us; and that several of the principal traders of Jamaica are concerned in the said privateers as owners. We are much surprised that we had not the first account of this matter from yourself, and as we look upon such evill practices to be highly injurious to the honour of H.M. Government, a violation of the public faith, prejudicial to the interest of King Charles III, and tending to the ruin of our present trade with the subjects of the Spanish nation in those parts, which trade (so beneficial to this Kingdom) may notwithstanding the war be carryed on in such manner as H.M. Additional Instruction on that behalf is declared and allowed. We do expect that you forthwith make a strict inquiry into the matter of the above mentioned complaint, and take care, as much as in you lyes, to discourage and prevent the like dangerous practices for the future, so that the true intent and meaning of H.M. foresaid Instruction may not be eluded, but be duly complyed with. And we desire you will by the first opportunity give us a particular account of your proceedings herein, together with the names of the persons who have any ways been concerned in such practices, that as occasion shall require we may lay the same before H.M. for her further pleasure therein. So we doubt not of your care and ready complyance in a matter of this consequence. We send you here inclosed H.M. Order in Councill of July 21 for confirming 7 Acts past at Jamaica, that you may take care it be made publick as usual. Also another Order repealing an Act relating to Cary Bodle; and that you may understand the reason, we inclose a copy of Mr. Attorney General's Report. As to the Act for raising an additional subsistance for the officers and soldiers, you will receive a letter from H.M. signifying her dislike of the hardships which by that Act are laid upon the soldiers. Annexed,
1073. i. Account of 2 privateers, as above. Jamaica, April 3, 1707. Endorsed, Recd, from Sir G. Heathcote, July 31, 1707. 1 p. [C.O. 138, 12. pp. 141–144; and (enclosure only) 137, 7. No. 58.]